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  • apt29
    08-05 03:14 PM
    The whole notion of EB2/EB3 was introduced before bigtime arrival of IT industry. In IT, the difference in job requriements between the EB2 and EB3 are thin and vague. Hence the confusion. It is possible that some EB3 folks applied, so there was risk of denial at that time(1998-2003) even with BS+5 years experience and IT industry is just catching up. So a lot folks, who waited to applied later (2004-) went for EB2.





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  • milind70
    07-11 11:21 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94

    I think the best case for you is when u get your 3 year extension
    go to your home country for stamping and make sure u submit all your I 94s
    when u leave even the one that came with 797 .
    Whne u reenter you will get a new I 94.





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  • panky72
    09-27 11:07 PM
    If you visit this website, you can read Obama's policies on legal Immigration reform. It looks like Obama and Joe Biden plan to fix the legal immigration system and improve processing speed due to bureaucratic delays. He also introduced the legislation to speed up FBI background checks.

    Source: http://www.barackobama.com/issues/immigration/

    I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based immigrants or green card backlogs.
    http://shusterman.com/pdf/obama908.pdf





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  • vamsi_poondla
    10-01 04:17 PM
    This is off-topic..but you need to think of small businesses that keep wages for < 10 employees etc in their accounts.

    Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.

    Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.



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  • sledge_hammer
    03-24 02:17 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.





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  • imbond707
    08-06 08:41 AM
    Dear Rolling_Flood,

    Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.

    May GOD give you wisdom. (Amen�)

    James Bond



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  • bklog_sufferer
    09-30 04:23 PM
    I totally agree with the orginal poster, if Obama wins the presidency our chances getting GC any time soon will diminish as the CIR will never include any provisions that benefit EB immigrants.

    If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.





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  • desi3933
    08-06 12:43 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002



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  • ca_immigrant
    06-23 02:54 PM
    \

    Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????

    Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year

    Credits are one time.. how about next year and there after??

    Unbelievable!

    gapala,

    I am no expert....if you think the way I am looking at is wrong then fine -:), feel free to ignore my calculation dude -;)
    I am not asking anyone to buy or not buy......





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  • alisa
    04-07 02:24 PM
    What are we trying to achieve through this thread? (And please don't get offended by this question. )

    a) Educate people
    b) Organize a phone campaign for a week (or longer) for Durbin's office asking him to
    1) Either kill the bill altogether (Kill Bill)
    2) OR make a distinction between existing H1s and new H1s. (If the law applies to new H1s, then we should not care.)

    Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?

    I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.

    What are we doing about this situation btw?



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  • rvr_jcop
    03-26 09:34 PM
    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.

    Thanks UN, I am not in that situation, I was just trying to clarify because I see so many ambiguous explanations related to work location. And By the way, I am on EAD.





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  • dartkid31
    05-24 12:46 PM
    Folks,

    I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.

    So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?

    "Folks, please be more rational and thoughtful please ?"

    I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

    Extremely one sided, hateful, demagogry, those words would be more accurate.



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  • GCwaitforever
    05-24 10:54 PM
    Can one understand that an automatic increase of 20% per year can cause hardship to citizens caught in a future and unexpected recession ? That's all I am saying.

    Folks, this is what concerns me. We are all very educated people and we cannot have a decent conversation. Many in this thread gets angry at me. As Lou Dobbs says, that is shocking. :-)

    Communique

    This is what I can tell you. Couple of my friends choose to go to China for job opportunitieis because that is where manufacturing base of USA is. For opportunities, Americans go to places like Dubai and Russia which are growth markets. In a global economy, job migration is common. It happens both ways - into USA and out of USA.

    Lou Dobbs rants about protecting American jobs all the time. Where was he when this was happening from 1980's when blue collar jobs were being shifted to China? USA lost more jobs in manufacturing than in IT outsourcing. His rants bring a sense of insecurity among American viewers, nothing else. The truth is Americans are most resourceful. When faced with a challenge, they find something within themselves, do something and earn a living for themselves. Current number of IT jobs in USA exceeds the number of jobs available during the peak of dotcom era. So infact the IT sector in USA expanded considerably from the dotcom time. Would not you expect a shortage of workers now, given low admission levels of US students in Technology fields? This shortage is part of the reason for expansion of outsourcing. And US universities fill their seats with bright foreign students, but there are not enough VISA numbers to keep these students here. Also USA population is aging rapidly. Part of the reason for nurses in high demand is this. More nurses needed to take care of patients, but not enough people in the profession.

    Congress cut down the VISA numbers after the dotcom bust to 65,000 from the height of 195,000.

    As for the salary stagnation, outsourcing is definitely one of the reasons. Big companies outsource their work to a cheaper place, and because of their presence in that country, offset offshoring costs against local revenue in that place, there by reduce the tax exposure in USA. This is a double advantage for them. Hence more inclination for outsourcing.





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  • kinvin
    02-25 06:06 PM
    Lou Dobbs is the founder of the failed Space.com site. He might realize that he could not have even got the business started without Indian H1B's.

    Had he run the business properly he would also have been a .com success story by now and would have been a key note speaker at Diwali and Navratri functions in NJ.

    �I am a .com success story because of you hard working H1B�s�-------- Dobbs.

    �But now I make a living by bashing them.�



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  • easygoer
    01-06 03:36 PM
    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?


    Refugee Now

    I can understand your pain and agree with you that killing of innocent should stop immediately.

    However, you are in a situation where most of intellectual muslims today find themselve. When your rulers are hurting other nations they will take their retalliation on whole country irrespective of whom they are killing. Unfortunately all terrorist use civilians to hide their lack of guts and courage and never confront their enemies with open war where only they alone fights them.

    People have to bear the burden of their decision of electing terrorists as their leader and when such leaders do not act against terrorist country suffer. Ultimately this will happen everywhere in the world. We may have to witness more often in future this type of situation where victim country will attach muslim country from where terrorist attaks. More innocent people will die. Unless intellectuals muslims like you gather and see that such terrorist activities are not carried out from soil of your country.

    These terrorists want to take this world back to 16th Century. That will not happen and this conflict will continue.

    My above view does not mean that there are no injustice done to muslims. I agree that there are injustice happened. But if you study history injustice happened to hindus(India) also. That time was for 'mighty the ruler time'. But most of other community forgot the past and worked towards bright future.

    But the route muslim terrorist have selected is diverting whole world's attention from real issue to such barbaric terrorism and real issues remian unsolved. In today's world you can not solve any problem in such a manner. On the contrary, this approach have isolated whole muslim community and many of them are innocent, intellectuals and hard working. This is the time for all intellectul muslims to gather and decide their future.





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  • sc3
    07-13 04:10 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please


    Thanks!. I was in the process of writing to the Ombudsman about the allotment system change, and the reasons behind it. If I dont hear back, I intend to write to my congresswoman / senator about it.

    So while I was thinking what to write, your draft is very helpful in making my final letter. I hope everyone starts writing mails to the ombudsman about the problem.



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  • pitha
    02-21 11:33 AM
    This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.





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  • pd_recapturing
    08-05 08:29 AM
    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)





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  • panky72
    08-08 10:39 PM
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.





    Macaca
    03-04 06:04 PM
    Over the next five weeks, The Washington Post will tell Gerald Cassidy's story in a unique way. On Monday, the series will jump to the newspaper's Web site, washingtonpost.com/citizen-k-street, to begin a 25-chapter serial narrative that will describe how Cassidy built his business, how he made the deals that earned his millions, how he and his fellow-lobbyists influenced decisions of government and helped create the money-centric culture of modern Washington.





    dartkid31
    05-17 07:56 PM
    Qualified_trash,

    IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.

    As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.

    best,
    Berkeleybee

    I agree 100 percent. Anyone who believes Lou Dobbs is a friend of LEGAL immigrants probably also believes Tom Tancredo and NumbersUsa Sympathize with legal immigrants. It always ticks me off whenever Tancredo is waxing poetic in the press about how legalizing illegals would be "sending the wrong message to those trying to do it the right way"; when he is actively trying to end all legal immigration. What a tool and hypocrite. Lou Dobbs falls in the same boat. Dont believe their tripe for one second.



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