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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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  • satishku_2000
    05-16 12:41 AM
    Law is giving them to right for their unfair practice. So congress is trying to fix the law. Most of them may be abiding law but using unfair practice which affects many people. So there is nothing wrong in fixing the law. Actually they should have applied H1b whenever they need. But they applied H1b for 1 or 2 years so that they will find a job later whereas companies which are having immediate requirement could not find H1b. Is this right practice though 100% legal


    If congress so concerned about outsourcing to India or some other country , why dont they ban outsourcing completely by american companies. I think one of biggest user of outsourcing is US army that is directly controlled by U.S congress. :D





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  • chanduv23
    03-24 03:15 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

    It all depends on the IO who deals with your case.

    We can find tonnes of discrepancies if we want to with any case.

    Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.

    I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.

    It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them





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  • delax
    07-13 08:59 PM
    Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.

    As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.

    If you find it arrogant then so be it - you are entitled to your opinion - that still does not change the truth - please read the post below. The law is written such that the skill, training and experience requirements of EB2 are clearly superior (to use your word) to EB3. The same is the case between EB1 and EB2 - you seem to be completely blind to the fact that any EB3/EB2 change can almost as easily be applied to EB2/EB1 as well.

    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
    Pasting the post in the link above:
    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.



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  • satishku_2000
    05-16 11:28 PM
    The greater danger in life is not that we set our aims too high and fail, but we set them too low and still do � Michelangelo

    Your aim is to not get fired. You want to buy an insurance policy to a secure job as if you are the only one entitled to have a job. This is a lower aim so you are bound to fail i.e. lose your job.

    And how do you define �replacing some American workers�. There is a plant in Yuma, AZ manufacturing aircrafts for Kingfisher airlines in India. Doesn�t this mean that someone in India is being replaced by American worker???? Maybe we should stop all trade and we should have all needs of one country fill within its borders. Maybe we should say � from now on no one is going to do any business, collaboration, partnership and place orders to companies outside of the borders of the country where you live.



    The best argument of restrictionist is either talk about no H-1B or green cards or talk about unlimited H-1Bs and green cards as if the extremes make the only reality in this world. Have you ever seen numbers like 290,000 or maybe 450,000. These are called whole numbers in mathematics and reside somewhere between ZERO and INFINITY/UNLIMITED.



    Stop bickering in the name of American people. More than 99% Americans don�t even know what is H-1B visa or employment based green card. And one more thing, people�s opinion is the most foolish thing to look at when making a decision. Do you remember the % of people in favor of Iraq war in 2002? - More than 70%
    Do you know how many people are in favor of pulling out of Iraq now, putting all the blame on the Administration? � around 70%
    Do you know the % of �American people� saying that they screwed up by supporting the war in 2002? � 0%
    No one would come out to say the nations and millions of people got screwed up due to "MY" twisted ideology in 2002. So let�s keep this argument of �American People� out of this debate.



    In free market and capitalist economy, the measure of productivity doesn�t come from some lawmaker who is out of sink with reality or from the ideology of orgs like IEEE-USA or from posters like you. The measure of productivity comes from the employers and the companies. And if that is how it works best for the economy, society and the nation, then so be it. That is the reason why this society is more advanced. You may be afraid of such a situation but I am not scared of a scenario where someone who can perform a better job, either a citizen or on H-1B, takes my job. But that is ok, your way of thinking is all based on the premises that every one out there is after you and some how you have to eliminate this competition at the soonest.



    You have used the argument of abuse, productivity, economy, outsourcing, country of origin and the color of Dick Morris� underwear - to argue against H-1B and to come extent green card number increase. Time and again I have said that this is not about H-1B. We, the people on this forum, want to discuss about GREEN CARD BACKLOGS. But you want to keep the discussion away from green card backlog and want the discussion be in the arena of H-1B. I must share with you that I have received atleast 7 different private messages telling me to �not waste my time with idiot like yourself�.
    Like you ass, you keep your views and your opinions with yourself. Don�t poke your ass and your views into a place where they don�t belong. And please stop worrying about being displaced by someone else on H-1B. You have not even gotten green card and you have already turned into a restrictionist. Please wait for sometime and there will be enough time and opportunity for you to join the ranks of IEEE-USA. This makes me to think that there are 2 possibilities:
    1.) You have very low self esteem and you think very lowly about yourself. Thus you are scared of the competition
    2.) You are not capable enough or technically sound to compete with other around you. And just like IEEE-USA you are looking for ways to eliminate your future probable competition using words/phrases like �displacement of US workers�.



    I tried to explain this guy Senthil that I already proved in form of permanent labor certificate and I 140 petition that I am not displacing any american worker and why I have to prove the same fact for every renewal and he comes with a logic that GC is for future job and H1b is for current job. But you know what my GC application was filed very well in the past ...:) , I mean more than 3 years ago ...

    Somehow some people think they are better than every one else in the crowd and things dont go wrong for them because they have either a particular degree or work in a so called permanent Job .

    These guys are in more alignment with view of ALIPAC and Numbers USA where people think some elses loss is my gain. Having said that reasonable people disagree these guys are totally unreasonable or they are totally out of touch with reality .

    These guys love Mr Durbin so much who dont see any problem with illegal immigration at all ....I would call this height of hypocrosy.





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  • file485
    07-09 12:07 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!



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  • aachoo
    03-24 02:21 PM
    I'm sure you meant Larry David ;)

    I am not sure which season this was from. If it was before season 7 (?) I bow to your superior knowledge.
    -a





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  • sc3
    08-05 08:07 PM
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.



    If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.

    Emotional and silly? I dont think so. This thread talks about stopping a legal option available to lots. The arguments provided have no legal grounding.

    Also, your claim that "in US Bachelors degree is the considered the basic or primary degree" is not supported by law (show me the law which states as such, and I will shut up). It is again subjective. There are a lot of "Associate degree" etc, so classification of "basic degree" is nothing by subjective. As I said before, what you consider "Advanced" need not be a advanced degree for another, and the law never explicitly talks about what is meant by "Advanced". It is USCIS guidance on what it considers to be "advanced degree".

    The thread says we should disallow Eb3's refiling because it is unfair, I am saying jumping jobs without getting GC is unfair. Again subjective... what you consider unfair maybe very different from what I consider unfair. The law allows for both, EB3 refiling, as well as Ac21 portability. We cant do anything about it -- none of these are basis for lawsuits wants it to be.


    "You have a advanced degree that no Bachelors can do... that is the law"


    So now you take recourse to the law, when you support filing a lawsuit for something written in law. Furthermore, just guessing here, looks like you are in medicinal field, or something that affects human life. Well, that law is not universal. There are other countries where the same job can be done by a bachelors. To some extent such "advanced degree" requirements are put in place by lobbies, or due to some other constraints.


    No, every EB3 does not think EB2 is fraud. It is EB2s that think EB3s can be done by anyone pulled off the street. Every occupation needs skills, just because someone has an advanced degree mean that all other work can be done by monkeys.


    And BTW: Someone gave me a neg, saying I am disparaging EB2 by calling them Monkeys. No I did not do that, some other guys brought it on themselves when they claimed EB3 work can be done by monkeys. I just said, if EB3 work can be done by monkeys, so can EB2 work. Read before you leave comments to others.



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  • gcisadawg
    12-23 12:24 AM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.


    Dude, if ss1026 is not on this forum, then is the absence of ss1026 a testimony to the fact that all hopes are lost with islam? I dont buy this line of thinking. we are better than that!





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  • sriwaitingforgc
    08-06 04:17 PM
    Wow, I love this thread. It gave me a good relief . Thanks to all .



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  • gcisadawg
    12-23 12:24 AM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.


    Dude, if ss1026 is not on this forum, then is the absence of ss1026 a testimony to the fact that all hopes are lost with islam? I dont buy this line of thinking. we are better than that!





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  • bobzibub
    04-07 11:56 AM
    One part of the idiocy of this bill is that it places more burden upon the institutions where they cannot handle the work they have now.

    If one has to apply for a labour cert every time you want an extension of an H1b, it will become unworkable. The main reasons for extending H1bs is because the DOL and USCIS take so long to process (or are not allowed to process) their existing workload today, including labour certs. This appears to compound an existing problem.

    It is unfortunate that consulting is barred too. Consulting is a good gig. My main goal for going through this silly green card process is simply to consult individually.

    If they actually addressed the problem, such as making the labor cert process simply a web site with a "Submit" button, then it would be an actual improvement. Is it really that difficult to compare a wage rate doing a certain job in a certain location with the market rate? Can't you do that now on Monster or Dice?

    Remember the proportion of applications rejected are dwarfed by the proportion of applications that are simply abandoned. Probably due to the time it takes for them to get around processing them using their super-modern VDT technology.

    Could we please *at least* have an exemption for technical consulting to the DOL and USCIS? They really could use some professional assistance.



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  • dealsnet
    01-08 10:56 AM
    If you don't got the greencard, good luck for that. Please don't discuss any religious things here. It make others furious. Concentrate on your carrer and family. Belief in God is enough. Organised Religion will give misery only. Man made the religion. God didn't created it.


    you have serious language comprehension issues.. I used bastards on palestinians not jews in a post where i was defending palestinians, so i was being sarcastic
    and in the other post you refer to, i was criticizing jews, cristians and muslims for taking the end of time scenarios too seriously and applying it now.. no ones knows we are the the end of times anyway.. and even if that in some way offends you, that doesn't make name-calling all egyptians any less racist





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  • gimme_GC2006
    03-24 01:08 PM
    USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.

    However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...

    Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.

    If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.

    California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.

    The point is..these are the same questions and documents Officer asked me when I went for Personal interview..

    I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).

    They may look like DOL process but yeah, per their field manual they are supposed to check..now dont ask me how do I know whats in their field manual..she had field manual open on her desk...it has steps..do this..check this..check that..step 1..step 2..etc

    There was a step in their manual, which prompted them to check visa bulletins for
    a) the date 485 was filed
    b) for the date interview was being held.



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  • kotlareddy
    07-19 02:38 PM
    UN, you are genius in immigarion matteres and better than any of this screwed up attorneys, Pls help this community as much as you can. I didn't come across any one close to you in immigration matters





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  • waitnwatch
    08-05 07:28 PM
    I had tried to frame the debate in my previous post which is quoted below. Never received as much as a yay or nay from anyone. On the other hand there are enough folks with a lot of bluster and rhetoric to keep the storm in the teacup going.

    It should be obvious that the USCIS doesn't make changes because we spit fire on this forum.

    That is exactly why we would be better of trying to use this forum for honing our arguments instead of punching imaginary bags and getting all riled up.

    This is probably my last post on this topic but I'll sure be visiting to enjoy all the shouting and screaming!

    OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting

    Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)

    A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.

    On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.

    Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.

    I hope this sounds logical to atleast some of you folks.



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  • unitednations
    07-08 05:31 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!


    I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.

    The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.

    Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.

    Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.

    This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.

    Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.

    Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.

    If they didn't use up the visas then that is where the lawsuit would be won.

    A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.

    If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?

    The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.

    This might be a catalyst to change the spillover and carryover of greencards from one year to the next.

    ----------------------------------------------------

    I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.

    However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.





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  • file485
    07-07 11:06 PM
    I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com..

    I cant attach the pdf file,probably it is too big..

    pls get in touch with that attorney too..

    dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys





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  • sanju
    12-29 02:29 PM
    I do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
    by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....

    Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
    " Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "

    so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...

    Well read Bible and other books and you will able to judge .....

    So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
    Please note that Jews killed Jesus. This fact do not go well with conservative


    I�ve heard some real whoppers in my life, but this one tops them all. I am sure your favroite movie is - Conspiracy Theory.

    Cheers!


    .





    xyzgc
    12-26 06:17 PM
    Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.

    Like this thread. I'm no defence strategist either but its good to read this.





    ZeroComplexity
    09-30 03:36 PM
    All these proposals came into this picture under a republican president and a republican majority congress. How is McCain going to change anything? In fact, he was a strong propenent and sponsor of CIR measures.


    For the past 8 years it has been status qou for us, do you really want this stalemate to continue?



    He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
    for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.



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