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  • niklshah
    07-13 09:00 PM
    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
    \
    relax buddy,

    dont jump too much, i can see u are EB2 and trust me this date can go back anywhere without u getting ur golden card...i am EB3 and i am a pharmacist and i dont know why we are in EB3, we have much more demand than the computer people who all are in EB2. so buddy good luck if u get ur card in few months.... just pray for us....thank u...





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  • saveimmigration
    08-05 10:41 PM
    Totally agree. This letter is factually incorrect.
    If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
    Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?


    Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1





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  • gomirage
    06-07 04:56 PM
    The above story should not come as a shock to anyone. This is just economics laws coming to to play. This keep going until the market finds it equilibrium point, where there are enough people that can afford the supply. This can happen in 2 ways. either income rises for people to afford the prices or prices fall low enough for people to buy. High skilled immigration can provide answers in scenario 1, low skilled immigration may be an answer in scenario 2.





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  • DSJ
    05-17 03:01 PM
    You said it.


    Consulting requires ability to learn quickly and ability analyzie the problem quickly and honestly consulting is not a profession for every one.



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  • gk_2000
    07-30 03:59 PM
    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.

    Great work..

    Reminds me of my reply from Barbara Boxer:

    Dear Mr. xxxx:



    Thank you for taking the time to write and share your views with me. Your comments will help me continue to represent you and other Californians to the best of my ability. Be assured that I will keep your views in mind as the Senate considers legislation on this or similar issues.



    If you would like additional information about my work in the U.S. Senate, I invite you to visit my website, Official Website of U.S Senator Barbara Boxer: Home (http://boxer.senate.gov). From this site, you can send a message to me about current events or pending legislation, access my statements and press releases, request copies of legislation and government reports, and receive detailed information about the many services that I am privileged to provide for my constituents. You may also wish to visit THOMAS (Library of Congress) (http://thomas.loc.gov) to track current and past federal legislation.



    Again, thank you for sharing your thoughts with me. I appreciate hearing from you.

    Barbara Boxer
    United States Senator





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  • walking_dude
    08-05 10:19 AM
    Guys,

    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...



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  • hiralal
    06-05 11:48 PM
    here is a superb report ...really worth reading ..
    http://www.scribd.com/doc/14166113/T2-Partners-Presentation-on-the-Mortgage-Crisis4309-3





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  • desi3933
    08-05 04:55 PM
    You seem to be a rational person. You points are compelling and that's why we need to take some legal opinion on it.

    Thanks SunnySurya.

    Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.



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  • GCOP
    07-14 10:53 AM
    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?





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  • unitednations
    08-02 02:41 PM
    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?

    It is a common thing that attornies ask for.

    1) it doesn't help in ability to pay for i-140 unless you are working with the company.

    2) it hurts more then helps and you have to be really careful in future base cases by showing current financial information.

    If in your current job; you are making $100,000 but the job offer or labor cert from 140 employer is for $70,000 then it doesn't look reasonable and they will assess your intention of why you would take such a job offer. (note: i saw this in a denial decision; it wasn't primary reason for denial; uscis just pointed it out to sort of say that they know what the person/company is trying to do).



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  • gomirage
    06-07 03:05 PM
    That's true. We should not look at buying a house as a sound investment because it is really not. I bought a house for my own happiness and satisfaction of a living a nice life in my lifetime.

    What would I do with the tons of money invested somewhere else while I live in an apartment? Most probably, I would just spend it on vacation, travel the whole world, or probably lose some of the returns in buying a nice home at inflated price in the future.

    I completely agree with you. Just as s side note I am also planning on buying in a year or two, as my daughter gets older and needs more playing toys. She certainly can't do that in the apartment we live in now. I will be looking for something in my current rent range.





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  • Macaca
    12-28 07:00 PM
    N.B.A. in India, in Search of Fans and Players (http://www.nytimes.com/2010/12/28/sports/basketball/28india.html) By JEREMY KAHN | New York Times

    The success of N.B.A. Commissioner David Stern�s 25-year crusade to globalize basketball is often summed up in two words: Yao Ming. After Yao, a 7-foot-6 center from Shanghai, was drafted by the Houston Rockets in 2002, the league attracted hundreds of millions of new fans in China. And though Yao is out for the season with a stress fracture that could end his professional career, the N.B.A.�s international march continues.

    This season, the league will play its first regular-season games in Europe, a two-game matchup in March between the Nets and the Toronto Raptors in London. And having conquered China, the N.B.A. has its sights fixed on Asia�s other big emerging market: India.

    Like China, India has a rapidly expanding middle class with newfound leisure time and disposable income, factors that Heidi Ueberroth, the president of N.B.A. International, says make the country ripe for new forms of entertainment.

    �There is a growing appetite for sports and entertainment and more options in India,� she said.

    In a nation where cricket is an obsession, other sports have struggled to find an audience. Cricket�s popularity has been reinforced by the Indian Premier League, which began in 2008. I.P.L. teams play Twenty20, a faster-paced game that has attracted younger fans and billions of dollars in corporate sponsorship.

    But in part because the I.P.L. has proved that city-based sports franchises can succeed in India, many sports are betting that they will be able to find new fans and corporate backers here.

    �The race is now on to become India�s second-most-popular sport,� said Sunder Aaron, the head of Pix, one of two Indian television channels that earlier this month signed a contract to broadcast live games and other N.B.A. programming.

    The list of international sports knocking on India�s door is a long one: Formula One is scheduled to hold its first race in India in 2011. The European Tour of professional golf has held tournaments here. English Premier League soccer, which has a growing following, held a promotional trophy tour in the country this month. And FIFA, soccer�s world governing body, has opened a marketing campaign to sell official merchandise here. Even Major League Baseball has attempted to recruit pitching talent in India.

    Ueberroth said that basketball�s popularity could grow rapidly in India because of the sport�s relative simplicity and the fact that a court can be created almost anywhere one can hang a hoop. This gives it an advantage over soccer and cricket, which require open fields. Basketball also requires little specialized equipment.

    A core part of the N.B.A.�s expansion strategy in India is increasing grass-roots participation, based on the belief that people who play basketball are also more likely to follow the N.B.A. The league also knows that the more Indians who play basketball, the more likely it is that one day an Indian player will be good enough to make the leap to the N.B.A. � an event that could vastly expand the league�s popularity in the world�s second-most-populous nation.

    The Basketball Federation of India, the sport�s governing body, estimates that 4.5 million Indians play the game. That is a fraction of the country�s 1.2 billion people, but Ueberroth said the N.B.A. suspected the real number was much higher because the federation�s statistics missed players who did not belong to a league.

    To try to accelerate basketball�s growth, the N.B.A. dispatched Troy Justice to India in February to serve as its first director of basketball operations in the country. Justice helps run the N.B.A. Mahindra Challenge, a series of youth leagues and tournaments in five Indian cities.

    Justice said the N.B.A. saw the young players as the vanguard of the N.B.A.�s efforts. The concept, he said, was to give the country�s teenagers more opportunities to play basketball in a formal setting throughout the year.

    �The kids here have the natural ability and the talent, but they are not given the opportunity to develop it,� he said.

    In addition to Justice, the league sent the Orlando Magic�s Dwight Howard and the Los Angeles Lakers� Pau Gasol on short ambassadorial missions to Mumbai and Delhi in the summer. It also sent two coaches to India to train the men�s and women�s national teams ahead of November�s Asian Games in China. It has created an India-specific portion of NBA.com, featuring postings by two Indian bloggers.

    Viewership for the N.B.A. in India has also been rising quickly, but from such a low base that it remains minuscule, said Atul Pande, the chief executive of Ten Sports, which has contracted to broadcast Eastern Conference games. Pande said he thought the audience for a live N.B.A. game would never exceed 200,000 households. The viewership for many I.P.L. cricket matches is in the tens of millions.

    �The problem is timing,� he said.

    Games played in the Eastern United States are broadcast at 5:30 a.m. or 6:30 a.m. in India.

    �It was hard at first to get up and watch the games,� said Karan Madhok, the communications director of India�s federation, who also runs an N.B.A.-related blog called Hoopistani, which is featured on the N.B.A. Web site.

    �I thought I was the only person in the country watching. But as I�ve started blogging about the N.B.A., I�ve been contacted more and more by other fans, and I realize there are a lot more fans who do it.�

    For the N.B.A. to reach critical mass among Indian sports fans, many say, will require what Madhok calls a Yao Ming moment. In other words, India is waiting to see a homegrown star make it in the N.B.A.

    N.B.A. officials dispute this assessment.

    �There are a number of countries where basketball is extremely popular without any players in the league,� Ueberroth said.

    Others note that the ranks of English Premier League soccer fans in India are growing rapidly even though there are no Indians playing in the league.

    Still, the N.B.A. is not turning a blind eye to the search for an Indian Yao. Among Justice�s jobs is scouting talent. And he has found a few prospects. Among the most promising is Satnam Singh Bhamara, 14, a 7-foot-2 player from a rural village in Punjab Province. Justice helped him land a spot at an IMG basketball academy in Bradenton, Fla.

    �He has a bright future,� Justice said. �We don�t know where he�ll end up, but he�s got a lot of natural � for a 14-year-old, 7-footer � a lot of natural basketball instincts.�

    Others point to the potential of two Canadian brothers of Indian descent, 15-year-old Sim and 17-year-old Tanveer Bhullar, who are more than 7 feet. Madhok said that if either made it to the N.B.A., it would inspire Indian fans and players.

    The lack of a native star had not dented enthusiasm for the N.B.A. among the young players who were competing in the Mahindra Challenge tournament here last Saturday. All the players on the Basketball Rocker Jazz, a team from Shalimar Bagh, a middle-class neighborhood in the northern reaches of this sprawling city, said they followed the league closely.

    Their favorite team?

    �The Lakers,� Raghav Mittal, 11, said without hesitation. �Most of the best players are there.�



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  • gimme_GC2006
    03-25 03:28 PM
    ok..lets see how it goes.

    I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D

    Just came from the Post office..sent all documents they asked for including Resume.

    I dont know if my employer responded..I called them but they didn't respond..typical..huh

    Lets see how it goes..

    Should something bad happen (Which I dont understand why it would), you will see me in
    "Alberta Welcomes H1b" thread.. :D:D:D





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  • walking_dude
    09-29 12:42 PM
    Precisely my point! Majority of EB immigrants are pro-Democratic party and possible future contributors to Obama 2012 campaign.

    Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?

    Hope better sense prevails!


    I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).

    .



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  • delax
    07-14 08:48 AM
    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.

    Sure sometimes change can bring hard-luck, but remember that if you want to change your luck at my expense purely based on your length of wait and regardless of skill level as established by law, then DON'T expect me to not push back. Another letter countering the position can always be written in an individual if not collective capacity.

    I also wonder where was all this thought about change and hard-luck when EB2-I was shafted last year and numbers spilt over to EB3ROW.





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  • lfwf
    08-05 07:03 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.

    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


    This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.


    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.


    The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.


    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


    Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.


    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.

    I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
    So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?




    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.



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  • newbie2020
    08-31 07:30 AM
    Here is a nice one...

    http://www.youtube.com/watch?v=_OBlgSz8sSM





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  • WantGCQuick
    06-05 02:36 PM
    This is a very healthy discussion!!.
    My two cents.

    Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
    As far as real estate investment is concerned.. It is
    LOCATION LOCATION LOCATION..

    Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!





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  • brb2
    04-07 07:12 PM
    If the Strive act passes then a large part of the H1B visa demand from US STEM will be out of the que, because these people will not need a H1B Visa. The proposed restrictions on H1B will put the body shoppers out of business where people are hired, put on the bench if there are no contracts, and if they do have a job, then the company will collect a hefty cut off the work of the H1B worker. If this part of the H1B numbers are out, then companies which genuinely hire hi-tech workers such as foreign qualified Engineers, Scientists, technicians etc. These people will then not have to compete for visa numbers with these Desi companies who might just bring in web developers to hire out on contracts at various sites accross the US. Currently, as things stand, a smart lawyer can get an H1B petition written up even to collect garbage or to pump gas at a gas station. No one can dispute that all this goes on. The restrictions should be in place only for new H1B employees not existing ones to minimize the effect on businesses and these employees too.





    bhatt
    06-05 09:41 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    My advice don't buy just for the 8k tax benefit. The reatlors main weapon is this 8k tax credit now. In NJ/NY it is less than the property tax u r paying for one year. In other places with less house prices it may be good.





    desi3933
    08-05 04:06 PM
    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002



     
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