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  • PlainSpeak
    01-14 04:12 PM
    plainspeak,

    i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.

    however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).

    but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.

    u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)

    i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants

    bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.

    and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
    Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.

    So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer

    EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.

    Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays

    So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.

    Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group


    Just for information i do have a masters

    Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway

    And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you

    JAI HIND





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  • vikki76
    05-10 04:33 PM
    Australia is backup option for me. For various personal reasons-I didn't chose Canada.
    Cons of immigration to Canada
    -Weather
    -Dependency on US
    -not very diverse society

    Pros of Australia
    -Weather
    -Trading partners with N America,Europe,Asia
    -Very very diverse society with east europeans,south east asians
    As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.





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  • soljabhai
    12-14 04:55 PM
    well as of now, 15 October 2002 is the Cut-off date for ROW EB3 is not much worse than the cutoff dates for the other oversubscribed countries. (somewhere in 2001). Considering we are on the threshold of 2008

    In the hypothetical scenario EB3 ROW won't be much worse. Especially since many (majority) Indian's have transferred to EB2 already.

    So I don't understand how would ROW EB3 be much worse off than now.

    The only "real losers" will be ROW EB2 which is current. As far as I know they are not constituents/members of IV so we should not worry about them.





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  • poorslumdog
    09-04 12:51 PM
    You moron coming from the slum region or any other place in Bihar.
    You don't know about keralites.
    100% Literacy.
    Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
    It is God's own country.
    Visit and see the details.
    Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
    Do you ????


    Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D

    If its GOD own country...what are you doing there. Are you renting it mr.Nair

    by the way how is omana kutty.



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  • she81
    02-15 08:11 PM
    To all proponents of country quotas:

    Well, if there is a cap for GCs then there should also be a cap on the number of H-1Bs that can be taken up by a country. There should be a cap on the number of allowable F-1 visas to a country. There should be a cap on number of employees of a particular nationality in an organization. There should be a separate line for different nationalities in supermarkets. Fair? Happy?

    Btw, why is there no cap on H-1Bs or F-1s and only for GCs?





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  • srikondoji
    12-17 09:11 AM
    albertpinto,
    I didn't mean to discourage. I meant that a better approach and much wider approach is needed to link GC and home purchase. This should not be specific to just Employement based Greencards.
    There was already an interview on channel 46 (finance channel), where they talked about overhauling complete immigration system to suck the housing inventory. They threw ideas to invite almost anybody to come to united states provided they purchase a home in US.

    If we approach government alone, we may find little traction. We definitely need to partner with other groups who are also in the process of opening up Immigration system and approach this administration. Thses groups could be European or asian or any country specific groups.

    That being siad, sucking up housing inventory will not help the economy now at the current prices. The prices have to further come down to an extent that reflects Dollar strength, GDP prospects and countries massive debt levels. Otherwise, we will be putting in a floor to bubble that was created in housing sector.
    Thanks
    sri


    Sri,
    do you have any better ideas ? if yes, please share. if no, then honestly such posts are discouraging.
    we (immigrants) are not here to solve the world problems and as any sales / mktg person would say - the idea is to sell your case. That being said - 99.9 percent of the economists say that the economy will recover only after the housing backlog is cleared ..The policymakers realise this and hence they are showering incentives (almost 10, 000 dollars tax credit, reducing mortgage rates, HUD, LUD etc etc)
    all the above are expensive to tax payers ...the cheapest way (not that it will solve all the backlog issue - but it will help greatly ..btw Greenspan had said that even if 200 - 300K houses were to be taken off the inventory, then it would greatly help ) ..the cheapest way is to just clear the backlog of immigration ..and it is well documented that once people get permanent residence status in US (or any country), the first thing they do is buy houses.



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  • nk2006
    10-03 11:41 AM
    Hello Friends and my fellow GC awaiters..
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    1MoreDesi !

    First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.

    I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.





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  • SSSarkar
    06-27 03:18 PM
    Well said...

    EVERYONE ON THIS FORUM :
    PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
    IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !

    IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !

    JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
    PEACE.:mad:



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  • dilipcr
    06-16 03:41 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?


    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.

    I don't think it matters, but I am from college based in Kharagpur WB.

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    Have a good day!




    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.


    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.

    That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.

    .





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  • venetian
    05-11 03:38 PM
    Kodi,

    From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.

    War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.

    If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?



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  • gc_wow
    08-15 10:29 PM
    Bollywood should first pay taxes, none of these icons, pay taxes legimately in India, remember them dancing in the partys of mafia, which is tied to terrorists, I think the agent did a great job in nabbing this guy. The VVIP mentality should end in India. Stupid illeterate politicians are over playing this, Ambika Soni should do what she is supossed to do in her office.





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  • StillonH1B
    03-27 03:56 PM
    I just now posted that how no one mentioned Dr. JayaprakashNarayan. Well someone did mention.

    I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.

    My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.

    Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.

    Check out his speech at a Mumbai university.

    http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
    http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
    http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3

    Cheers.



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  • PlainSpeak
    01-14 12:24 PM
    If you don't believe what IV does, why are you wasting your time here....I see that you are totally jobless....
    why are you wasting your time here....
    I DO believe in what IV does. Why do you think i am here trying to change the mentality of the abusive corase minded people out here. So you see my friend time here is not wasted

    I see that you are totally jobless....
    Ahh my friend should not job does not concern you. Instead of worrying about my job what you should be worrying about is the dsiscussion and what are your opinions and remember i am only looking for commnets on teh issue at hand. Anything else is not worth anything but ia m sure you are going to ignore the advise. Seriously please clean up your mind





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  • desim
    07-14 11:13 PM
    Thank you for your service and to IV for helping us.

    I have a question regarding my wife's status. Here is our current status:

    She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.

    Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.

    My questions are

    1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
    2. If so which form will it be I-129? Is there premium processing available for this?

    Thanks!



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  • texanguy
    06-02 12:09 AM
    Guys...can somebody tell me why they are not counting on EB1 & EB2 row numbers for the last quarter of 2009? Historically, these were the numbers which were transferred to oversubscribed countries, because of which priority dates well pushed way ahead. What's different this time? Even if USCIS works with tremendous efficiency, they cant really use those numbers before the quarter starts.
    Nobody seems to notice this fact???





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  • hpandey
    05-01 04:38 PM
    Its in today TOI that Congress/UPA govt. has raised a concern to their PAK counterparts about safely of some 35 Sikh families living in a small village which falls in Taliban's territory.

    Why not a single statement by UPA Govt. / MPS/ any high ranking diplomats for Srinlankan's Tamil ? Are they affraid of Congress leadership or what ?

    I don't know for what cause LTTE is fighting for and see them as same other terrorist organization in name of freedom. Its LTTE and their leaders who should be punished and brought to justice for killing of Rajeev Gandhi, not the whole community.

    Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country

    My post is to just show double standard played by UPA govt.

    The Pak Sikhs are being troubled by the Taliban whom everyone opposes and the Pak govt is doing nothing and hence India should raise a voice.

    The Tamils in SriLanka are not being opressed by SriLanka but by LTTE themselves ( using their own people as human shields ) . The Srilankan govt is trying its best to minimise losses while trying to rout the terrorist LTTE. India does not have any sympathy either for the Taliban or for LTTE. Both are enemies of India.

    Personally I hate the LTTE and their damn cause. Someone who would kill our PM does not deserve any sympathy.

    I cheer the brave SriLankan Army who will finally clear their country of this terrorist manace. I wish India had the same drive to remove terrorists from our country in J&K and elsewhere .



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  • 21stIcon
    03-27 11:57 AM
    Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.





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  • hopefulgc
    02-13 02:58 PM
    where are the govt. sources talking to us know....?
    How much do we really care about the govt. sources when our dates there is a wait of 7 years .. . the dates are in 2001 for heaven's sake.

    I feel like a battered housewife who does not want to step up to her husband 's abuse hoping that one day he would come home and not not beat her up, just come home, ignore her and go to bed and let her be.

    Waiting for 3 yr EAD reforms is like begging for peanuts. we outta swing for the fences. If we outta beg.. lets aim higher... RECAPTURE.




    Going into Lawsuit will not do a penny for our
    fate. I heard the same that Khanna lost the lawsuit > but in our case even the settlement i dont think will arise. Better do what we are doing , lets find success in what we are doing right now and spend that money in support of letter campaign . Lets evaluate the results once we are done through this process. Please be noted , that when AILA wanted to Sue to USCIS there has been lot of discussion on who could come out of shadows also since money was given out by AILA some ppl came forward i bet if its a million dollar ppl wont reach that mark.

    And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.

    I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.





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  • ryan
    08-17 02:40 PM
    [QUOTE=sainwa;701250]has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"? QUOTE]

    Exactly! And most Indians being the b'wood lovers they are - fell hard, as always.





    vbkris77
    09-15 04:24 PM
    with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.

    While we must pursue the overall reforms,

    i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.

    What are the chances of such a relief being provided?
    Will a mail campaign work?..plz raise your hand if you are interested..;)

    Most lawyers think that it needs a law change. So if we are going to work with lawmakers, why not aim high and get recapture?? So in a nutshell, we will need to wait for CIR.





    vgweb
    09-14 02:38 PM
    Thanks for the great service- H1B valid for 3 years, 485 pending more than 180 days, need to go back abroad and work for another employer in abroad a year and then come back US - Working for different employer in abroad would cause any issues with H1B or GC? Pls provide ur valueable suggestions



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