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  • vbkris77
    03-25 12:49 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...





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  • jonty_11
    08-02 12:07 PM
    Possibly.

    However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

    Examples:

    You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

    USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

    There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

    Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

    Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
    I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
    Only when they managed something like July VB fiasco ...did it raise eyebrows.





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  • SunnySurya
    08-05 04:08 PM
    You seem to be a rational person. You points are compelling and thats why we need to take some legal opinion on it.
    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002





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  • Rolling_Flood
    08-05 07:42 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.


    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...



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  • Refugee_New
    01-07 03:22 PM
    hey dude. just a few posts back, you mentioned that cnn and fox are mouthpieces of a vast jewish conspriacy. and now you have no qualms in using CNN to justify another argument you are making. so i guess it's ok to switch sides in the middle of an argument? i'm not trying to demean you, but you sure have me confused now.

    CNN has to post it because UN brougth the truth out. I posted it here because you guys trust CNN and Fox.





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  • texcan
    08-05 04:05 PM
    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

    I agree, I am no saint, i have my shortcomings; actually more than i would like.
    My point is please listen to others folks, and be nice.
    We really cant get anything done hereby arguing.



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  • gimme_GC2006
    04-13 09:36 PM
    Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.

    hehhehe..yeah my sugar levels and stock market indexes have synchronized themselves very well now..next up/down is always a guess :p





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  • dealsnet
    01-08 03:24 PM
    Refugee_new is a moron. He send me 5 profane message. He started the tread and he abusing the people responded in his tread. What he achived??
    He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.

    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!

    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?



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  • mariner5555
    04-15 04:59 PM
    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.
    what is DFW area (is it dallas ) ? I agree with what you say but in 90 % of the areas it will fall.
    In the end people have to take their own decisions and live with it (and I guess thats why many (who have already bought houses) are supporting home ownership) ..that is logical ..no one likes to admit a mistake (not saying it is a mistake).
    my views and thinking is clear on this ..why should I buy something now at a high price ..knowing that it has a good chance of falling down by 10 - 15 %.
    (And on top of it ..when I have to deal with USCIS).





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  • Macaca
    02-13 09:45 AM
    When House Changed Rules for Travel, He Lobbied for the Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)

    By Jeffrey H. Birnbaum
    Tuesday, February 13, 2007; Page A19

    Loopholes in laws and regulations sometimes seem to appear by magic, and often no one wants to claim to be the magician. But one man actually wants credit for a couple of big loopholes in the new ethics rules the House passed last month: John H. Graham IV.

    Graham is the president of an organization that could exist only in Washington -- the American Society of Association Executives. In other words, he is the chief lobbyist for lobbyists.

    His organization represents 22,000 association executives, from large groups such as the American Medical Association and small ones such as the Barbershop Harmony Society. When any of them are in danger of losing access to lawmakers, Graham, 57, is supposed to intervene.

    Which is what he did -- proudly -- as soon as he learned that Democratic leaders wanted to ban travel provided by lobbyists and the entities that employ them. Graham dispatched his own lobbyists and several of his most sympathetic allies to meet with House staffers. Eventually they poked two gigantic holes in the proposed prohibition.

    The first opened the way for lobbyists to pay for short trips -- one day as far as the Midwest and two days to the West Coast. The second permits colleges to provide travel to lawmakers without restriction, even though they lobby in Washington a lot. (See the next item.)

    Ethics advocates were disappointed. "The better policy is no privately financed travel," said Meredith McGehee of the Campaign Legal Center.

    But Graham was unabashed. Golf trips to Scotland should be nixed, he said, but not visits to taxpayer-funded programs or to industry-backed seminars. "We didn't want a total ban on travel," Graham said. "We were on top of it from the very beginning."

    In fact, he and his lobbyists started their campaign a year ago after then-House Speaker J. Dennis Hastert (R-Ill.) first suggested a travel ban. That effort failed partly because of Graham's enterprise.

    After the Democratic victory in last year's midterm elections, Graham's lobbyists -- Senior Vice President Jim Clarke and contract lobbyist James W. Rock -- targeted the staff of House Speaker Nancy Pelosi (Calif.) and then met with aides to Democratic House leaders Steny H. Hoyer (Md.), Rahm Emanuel (Ill.) and James E. Clyburn (S.C.).

    After one such meeting, Graham learned that the ban would prevent lawmakers from taking trips to colleges to give commencement addresses. He quickly asked the Association of American Colleges and Universities and the American Association of State Colleges and Universities to join the crusade.

    Graham also recruited other groups with sterling reputations, including the American Heart Association, the YMCA of the USA and the American Cancer Society. They went as a group from office to office on Capitol Hill and made the case that brief trips could not be mistaken for boondoggles, especially when white-hat interests like themselves were footing the bill.

    The result: Graham has become Mr. Loophole, winning the exemptions and on track to getting them in the Senate as well.



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  • mariner5555
    04-22 03:52 PM
    this is from schiller ..an economist ..I am sure he knows more about housing than others ..I guess this is a worse case scenario (if not the worst).

    http://biz.yahoo.com/ap/080422/economy_shiller.html?.v=2
    ----
    Economist cautions housing slump could exceed drop of the Great Depression, require bailouts

    NEW HAVEN, Conn. (AP) -- An influential economist who long predicted the housing market bubble cautioned Tuesday that the slump in the U.S. housing market could cause prices to fall more than they did in the Great Depression and bailouts will be needed so millions don't lose their homes.

    Yale University economist Robert Shiller, pioneer of the widely watched Standard & Poor's/Case-Shiller home price index, said there's a good chance housing prices will fall further than the 30 percent drop in the historic depression of the 1930s. Home prices nationwide already have dropped 15 percent since their peak in 2006, he said.

    "I think there is a scenario that they could be down substantially more," Shiller said during a speech at the New Haven Lawn Club.

    Shiller's Standard & Poor's/Case-Shiller home price index is considered a strong measure of home prices because it examines price changes of the same property over time, instead of calculating a median price of homes sold during the month.

    Shiller, who admitted he has a reputation for being bearish, said real estate cycles typically take years to correct.

    Home prices rose about 85 percent from 1997 to 2006 adjusted for inflation, the biggest national housing boom in U.S. history, Shiller said.

    "Basically we're in uncharted territory," Shiller said. "It seems we have developed a speculative culture about housing that never existed on a national basis before."

    Many people became convinced that housing prices would increase 10 percent annually, a notion Shiller called crazy.





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  • Tito_ortiz
    01-03 03:06 PM
    Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.

    India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.

    The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.



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  • desi485
    08-05 08:06 PM
    Hey Bro! Think of you this way.

    You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.

    You are stopping others from entering in your line, to get GC faster. :p

    Ultimately you both are the same.

    I am sure he doesn't have a mirror, only a desire to get GC and at any cost. He is using weird arguments to reach his goal and keeping others out of EB2. In way, he is cheating himself too.

    He should pay attention to real issues like per country quota, retrogression and so on.





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  • GCBatman
    01-07 04:11 PM
    "Refugee_New", dude I like your enthusiasm to answer not only one but many users at the same time but you may want to watch out for the red dots as well they are increasing like anything on your profile.

    To everyone,
    Peace Peace & Peace
    Once again I condemn all the acts that leads to the deaths of innocents especially the kids.
    Every problem in this world can and should be resolved by negotiations. I pray that both sides should come forward and resolve this issue diplomatically.

    Said that now please work together for all the EB immigration issues.

    bfadlia, i sent you a PM. Respond me when you have time.



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  • Arjun
    07-14 08:19 PM
    the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I agree, does anybody have a link to the policy of how spill over of visa numbers works?





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  • SunnySurya
    08-05 10:44 AM
    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.
    here is another point:
    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!



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  • ns33
    07-13 12:20 AM
    Great Job - Thanks for taking initiative... everyone please pitch in.





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  • langagadu
    02-12 06:45 PM
    Finally Pak agreed Mumbai terror attacks are partly planned on its soil. I hope they come back after few months and say ISI partly involved.


    http://news.bbc.co.uk/2/hi/south_asia/7886469.stm





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  • funny
    09-30 03:05 PM
    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.

    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.





    pappu
    04-09 02:42 PM
    Let us all have constructive discussion on this bill rather than fighting with each other or blaming others or blaming companies. Think of ways you can strengthen this organization and help us in the work we have in front of us.

    This thread has run into several pages, but the call the lawmakers thread was begging for attention whole of last week.





    EkAurAaya
    08-05 06:00 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    Friend... Your post is obviously selfishly motivated... and shortsighted. I'm sure if you were EB3 you would not make the same logical suggestion that you claim to be logical based on your self centered thinking.

    What you're suggesting is make it even more difficult for anyone to change jobs (then it already is)...

    Don't get too comfy with your EAD card, god forbid you might just get a RFE your AOS can get rejected, then you'll realize why your PD should be portable :D



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