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  • GCScrewed
    07-13 06:34 PM
    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.

    People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.

    This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.[/QUOTE]

    I am just stating the fact. The position was not my position. So I can't speak too much about it. But that was the person who worked there told me. The most important point is that a lot of EB2s do not deserve it at all. This is especially true for smaller companies including those body shops, where a lot of wiggle room exist on how you describe the job requirements. In large companies, they tend to have more strigent requirments on what category to file. A lot of people filed under EB3 before the retrogression starting in late 2004 and 2005 because they did not pay too much attention on this issue (that's their bad - lessons learned).

    Although I don't see the data yet, I bet if you compare the proportion of EB2 applicants (or EB3 applicants), you will see a great difference before and after late 2004. Why? Because that's when the EB3 retrogression started and people began to move onto EB2. Are there so much more EB2 positions after 2004 than before? I doubt.

    I think that's what really make people upset, esp. those got stuck in every stage, from BEC, I140, from name check and 485. All these simply because they changes something without considering those in line already.

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  • hiralal
    06-07 09:38 PM
    Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.
    . o.k. Thanks. I don't understand why chances of losing are slim ?
    it is not high but it is not slim either for those on EAD / H1. majority of jobs posted ask for GC. H1 is in complete mess if you talk to any immi lawyer (I have a friend who is lawyer and I heard the same from a lawyer on desi radio).
    buying one house may still be o.k. ...buying 2 - 3 houses to put it on rent is absolute nightmare friend tried that too (he too believed earlier that land is best asset) ... the renter stopped paying rent and he had trouble in evicting him ..on top of it the renter painted the rooms in wierd colors ...also how do you chechk how many people are staying in the house that you give on rent is messy all way around ..if you really believe in land then better to buy some REITS (that is in mess too right now). luckily I had economics in my final year in engg college and the first and the fundamental equation is relation between supply and demand.
    in this country land is in huge huge supply (just look around) and families are getting smaller and green cards is given to 60 year old's (who just leave).
    credit is tight and will be for a long long time boomers will start selling their homes once prices stop falling supply is massive and less demand ..

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  • chanduv23
    03-23 03:50 PM hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US

    So, keep cool. Talk to an Attorney. use a good Attorney for everything from now. You can forward the email request to the Attorney and go from there.

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  • gsc999
    11-15 12:39 PM
    Lets not give him more attention and importance than he deserves.

    Democrat win in Nov. elections is slap in the face for all anti-immigrant entities including these talk/news shows like Lou Doubs. This is end for Lou.

    It will be a day to remember when CIR finally passes both houses and he chockingly acknowledges that he had been supporting a comprehensive immigration plan all along ;)


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  • pete
    04-09 01:01 PM
    EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

    Consultants need to be curtailed.

    I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.

    We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.

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  • unitednations
    03-24 04:10 PM
    1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

    2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.

    Sometimes you have to step back and think of whether you can change a persons mind.

    Some people no matter how you state things are already bent on looking at things in one way and then backtrack to find things that help them in their way of thinking.

    It is different when someone starts with open mind and then form opinions as they get more knowledge. It is different when person starts with one way of thinking and then goes backwards to find their justifications.

    Sometimes it is just better to agree to disagree.


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  • Jerrome
    08-07 04:57 PM
    Waiter: I've stewed liver, boiled tongue and frog's leg.
    Customer: Don't tell me your problems. Give me the menu card.

    Gangster's son
    Q: What did the gangster's son tell his dad when he failed his examination?
    A: Dad they questioned me for 3 hours but I never told them anything."

    Wife : Do you want dinner?
    Husband : Sure, what are my choices?
    Wife : Yes and No.

    First guy (proudly) : "My wife's an angel!"
    Second guy: "You're lucky, mine's still alive."

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  • krishnam70
    08-14 11:32 AM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,

    There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available


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  • NeverEndingH1
    12-17 04:05 PM
    . . . But you are blinded so much with hate. The '485 Approved' thread was started on 12-10-2008. My handle was not created on that day!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.

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  • transpass
    03-26 03:36 AM
    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.

    Where is this ace technology, and I wonder if it's a small firm...


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  • unseenguy
    06-24 08:31 PM
    I completely agree with you.. I seriously dont understand what pride/ownership people feel by making 5% or best case 20% downpayment, Where the bank owns most of the house. It only truly yours when you have fully paid for it. To cite comparisons to our parents is plain foolish. Most of our parents bought their first homes by outright paying for it and having the home in their own name and not any BANK. Dont get me wrong, Not that i am pro renting and against home buying. I hope to have a bank financed home like everybody else in the near future. But i seriously would not feel any pride of ownership without actually owning it in the real sense. I fully own both my cars and feel proud about them :).

    Perfect. I agree. Infact I forced my landlord to have a clause that I could break the lease if I lost my job for 1 month additional rent, :)

    Also the apartment companies send your way lot of extras such as: garbage, water, in some cases parking, storage etc. I only pay electricity and everything else is free for me :)

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  • gcgreen
    08-06 01:03 PM
    Excellent point.

    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.


    (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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  • Macaca
    12-30 05:35 PM
    India Digs In Its Heels as China Flexes Its Muscles ( By JIM YARDLEY | New York Times

    It has been the season of geopolitical hugs in India � with one noticeable exception. One after the other, the leaders of the five permanent members of the United Nations Security Council have descended on India, accompanied by delegations of business leaders, seeking closer ties with this rising South Asian giant. The Indian media, basking in the high-level attention, have nicknamed them the �P-5.�

    Prime Minister David Cameron of Britain got a warm reception last summer. Then President Obama wowed a skeptical Indian establishment during his November visit. President Nicolas Sarkozy of France signed nuclear deals in early December, while President Dmitri A. Medvedev of Russia departed last week with a fistful of defense contracts after winning praise for Moscow as a �special partner.�

    The exception to the cheery mood was the mid-December visit of Prime Minister Wen Jiabao of China. Mr. Wen did secure business deals, announce new trade goals and offer reassurances of friendly Chinese intentions. But the trip also underscored that many points of tension between the Asian giants � trade imbalances, their disputed border and the status of Kashmir � are growing worse. And the Indian foreign policy establishment, once reluctant to challenge China, is taking a harder line.

    �The Wen visit has widened the gap publicly between India and China,� said Ranjit Gupta, a retired Indian diplomat and one of many vocal analysts pushing a more hawkish line toward China. �And it represents for the first time a greater realism in the Indian establishment�s approach to China.�

    India aspires to membership on the United Nations Security Council, and China is now the only permanent member nation that has not explicitly endorsed such a move. But what has rattled Indian leaders even more is their contention that China is being deliberately provocative in Kashmir as it grows closer to Pakistan, China�s longtime ally and India�s nemesis. China has also been expanding its diplomatic and economic influence around South Asia, stepping up its involvement in the affairs of Sri Lanka, Nepal and the Maldives.

    Mr. Wen�s visit was supposed to help address those tensions at a time when India is starting to draw closer to the United States. Among Chinese leaders, Mr. Wen is perceived as a friend of India, and his 2005 visit was regarded as a breakthrough after he and Prime Minister Manmohan Singh agreed on a broad framework to address the border dispute.

    For decades since fighting a brief border war, the two countries had argued over the boundary lines, with China making claims to Arunachal Pradesh, an eastern Indian state, and India claiming portions of Tibet that abut Indian-controlled Kashmir. The 2005 deal fostered optimism that some sort of quid pro quo compromise could be reached, enabling the two countries to concentrate on trade. And trade took off: it has risen tenfold to almost $60 billion, with Mr. Wen setting a new goal of $100 billion.

    But Indian leaders now complain that trade is far too lopsided in China�s favor and say that Indian corporations face too many obstacles in entering the Chinese market. Mr. Wen promised to help Indian corporations sell their products in China, but Indian officials are skeptical.

    Meanwhile, China infuriated India by starting to issue special stapled paper visas � rather than the standard visa � for anyone in Indian-controlled Kashmir traveling to China on the grounds that Kashmir is a disputed territory. China later objected to including a top Indian general responsible for Kashmir in a military exchange in China. In response, Indian officials angrily suspended all military exchanges between the countries. Indian officials had thought Mr. Wen might reverse the stapled visas policy on his trip, but he instead only called for more diplomatic consultations.

    Indian commentators have noticed that articles in the Chinese state-run media have renewed Chinese claims that the disputed border between the nations is roughly 1,240 miles in length � even as India puts the length at about 2,175 miles. The difference roughly represents the border between Indian-controlled Kashmir and Tibetan China. By omitting this section, the Chinese are questioning the status of Indian-controlled Kashmir, a position that buttresses Pakistan�s own claims, several Indian analysts have argued.

    The most visible evidence that these problems were deepening came in the joint communiqu� issued by the two nations at the end of Mr. Wen�s visit. China typically demands that nations voice support for the one-China policy, which holds that Taiwan is an inalienable part of China. In past communiqu�s, India has agreed to such language, but this time it was omitted, a clear sign of Indian irritation.

    �It has been in every communiqu�, but the Chinese didn�t even bring it up,� said a senior Indian official, speaking on the condition of anonymity. �I think they knew if they had brought it up, they knew we would have demanded some movement on the stapled visa issue and the Kashmir issue.�

    The senior official added: �They must understand that there is a prospect of the relationship really going south. They will have to somehow moderate their stand on Kashmir. And they will have to take concrete steps to address the trade imbalance.�

    India and China still cooperate on climate change and international trade policy, and some Indian diplomats grumble that the positive aspects of the relationship are too often overlooked by aggressive media organizations and an emboldened group of strategic analysts pushing for a harder line. China�s state-run media outlets recently broadcast images of a new tunnel being completed through the Himalayas near the Indian border. These reports looked to some like boasting about the country�s engineering prowess. In India, they were presented as a warning that China was building its infrastructure ever closer to India.

    At the same time, India is watching warily as China pursues hydro projects that could affect the downstream flow of the Brahmaputra River in India.

    Some Indian analysts note that tensions with China have increased in lockstep with the warming trend between India and the United States. During his visit, Mr. Obama spoke of a �defining partnership� between India and the United States and encouraged India to play a bigger role not only in South Asia but also in East Asia, China�s backyard. Mr. Singh, in fact, had just finished a trip to Japan, Malaysia and Vietnam as part of India�s �Look East� policy to build trade and diplomatic ties in the region.

    �Our challenge will be to build our own leverage,� the senior Indian official said.

    �That is why the relationships with the United States, with Japan, with other Southeast Asian parties, all that will become even more important.�

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  • fide_champ
    04-05 10:54 PM
    I totally aggree with you. I am also from socal and a regular visior to irvinehousingblog.
    Currenly I am in apt and tired of living in apt, but I am definitely in no rush to buy and would probably find a good private home to rent.

    Please check your PM.

    Land cannot be manufactured. The population is growing by the day and people need a place to live. So the space is at a premium here. The housing market maybe down because of the sub-prime crisis and the banks going out of business. But eventually it has to come back. Maybe this market is not for people who are looking to invest.

    Look at india for instance: whatever state the economy is in, the housing always booms because of the supply/demand factor. Eventually US will reach that stage unless otherwise the population shrinks.


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  • brij523
    07-07 09:50 PM
    1) Contact Senator office. Which you did!! But have you called all the Senator from your state. Keep matter confidential between Senator office.

    2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number

    1-800-375-5283, press 1..2..2..6..1..your case number..1..
    wait for the automated status message then. select.3..4

    3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help

    4) Call customer service - 1-800-375-5283 and talk to rep.

    Best of luck

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  • unseenguy
    06-24 08:31 PM
    I completely agree with you.. I seriously dont understand what pride/ownership people feel by making 5% or best case 20% downpayment, Where the bank owns most of the house. It only truly yours when you have fully paid for it. To cite comparisons to our parents is plain foolish. Most of our parents bought their first homes by outright paying for it and having the home in their own name and not any BANK. Dont get me wrong, Not that i am pro renting and against home buying. I hope to have a bank financed home like everybody else in the near future. But i seriously would not feel any pride of ownership without actually owning it in the real sense. I fully own both my cars and feel proud about them :).

    Perfect. I agree. Infact I forced my landlord to have a clause that I could break the lease if I lost my job for 1 month additional rent, :)

    Also the apartment companies send your way lot of extras such as: garbage, water, in some cases parking, storage etc. I only pay electricity and everything else is free for me :)


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  • 485Mbe4001
    08-11 04:11 PM
    Dobbs is more worried about his show and ratings. i am sure he has an h1b working somewhere in his office or his old office at more importantly do you guys feel that he affects policy decisions or the immigration debates going on. if he barks let him bark...
    I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.

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  • i4u
    09-20 08:11 AM
    How many believe that the vote on Tuesday will allow for the inclusion of Dream Act in the Defense Authorization Bill?
    How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?

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  • sanju
    04-07 01:52 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    Here is why -

    People who drafted and proposed this bill wants us all out PERIOD. They don't care if we are already on H1 waiting for our green card or if it is a new H1. The restrictions want us all OUT. Some people on this forum have elitist attitude (alias, I am not referring to you here, simply making a point after reading some of the post) because they either do not work for the consulting company or they are have Masters from a US Univ. Big deal�. If this passes, these people will elitist attitudes will soon realize what they would be up against.

    IEEE-USA and Ron Hira et al say that they want to speed up the green card process but they oppose H1 visas. However, for whom do they want to speed up the green card process when they don�t even want people on H1 in US and are proposing a bill to systematically purge us all from US.

    06-23 03:55 PM
    I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...

    in agreement.....there is definately pleasure in living in your own house....

    07-17 06:22 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.

    Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.

    The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.

    Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.

    1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.

    2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.

    3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.

    4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.

    5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.

    6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.

    7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.

    8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?

    If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)

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