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  • desi3933
    08-05 09:14 AM
    ....
    ....

    Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    .....
    .....
    Thanks.


    This is the REAL reason why you think this is unfair practice.

    Would you mind sharing little details about yourself? Are you eb2 or eb3?

    And how about porting from eb3 to eb1? I am sure you don't mind as it does not hurt your case.

    Self-interest and jealousy are two motivating factors for you.

    ____________________________
    US Permanent Resident since 2002
    ** supports not counting dependents for EB Green cards **




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  • Rolling_Flood
    08-05 07:23 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.




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  • jonty_11
    07-13 05:51 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
    Agreed.....the categories were made for a reasson.....and the same logic is being followed by the DOS to spillover unused VISAS. While I understand the frustration of EB3 folks, I would encourage those same folks to folllow IVs initiatives like - call campaigns for House bills...etc. As I have said before IV is working for one and all...w/o caring for their categories. It was not IV that created this spillover policy...however IV is the one that will fight for you irrespective of whether you are EB1, 2 or 3. The key is to post a united front and some level of participation from every member...I was sad to see Pappu publish low numbers for contributions and phone calls....and only wish we would come together as a group rather than breaking apart.
    While I fear this will create an offshoot EB3 group within IV, I hope that goos senses will prevail.

    FYI - EB2 is still retrogressed over 2 years.....it is not that it is current




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  • conchshell
    08-05 06:10 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:

    Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D



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  • gjoe
    07-14 06:56 AM
    The traditional way to solve the I485 retrogression is to find a way to slow down or completely stop PERM and I140 for a decade. I am sure DOS, USCIS and DOL should be working together on this for a few years. Last time they did this was when they introduced PERM and premium processing for I140.
    To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
    Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.




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  • yrspassby
    08-07 04:38 PM
    My wife and I were happy for twenty years. Then we met.

    When a man brings his wife flowers for no reason, there's a reason.

    Always get married early in the morning. That way, if it doesn't work out, you haven't wasted a whole day.

    In olden times, sacrifices were made at the altar, a practice that still continues.

    Getting married is very much like going to a restaurant with friends. You order what you want, then when you see what the other fellow has, you wish you had ordered that.

    I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.



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  • sanju
    12-28 01:10 AM
    I hope so.

    I agree with most of what you said. I just think that the expectation to shed the inertia built over two to three decades is a bit too much. It is going to take time, regardless of what anyone wants. Ironically, hostile relationships between India and Pakistan are only going to prolong the process.

    I disagree, this is not the hostile relationship between two countries, we see this as one country and the international community applying pressure on Pakistan. Without this pressure, there is no way Pakistan will gather the "motivation" to dismantle the terror network. The terror network will get dismantled only if there are two choices, either Pakistan dismantles the terror network or we will dismantle it for Pakistan. Without a direct approach, nothing will change.

    On a different note, there is only one outcome of over analysis by computer analyst or business application analyst, and that outcome is -war is too "expensive". What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years by your "over analytical" computer analyst Mircosoft projects approach calculating the "cost of the war". What if it is your father who is targated by the terrorist next, I want to know who all will still run the profit and loss statement if your father is killed by the next strike by the terrorist. Will you only agree to a war when your own family member is killed? Don't you think its time to put the bleeding innocent people ahead of this "over analysis".

    We are peace loving people. But should we not respond to the war we did not start. We are not the aggressor, we are the victim here for christ sake.

    Wars are decided by brave men, wars are faught by warriors, and wars are won by patriots. Over analysis at the time of war is a sign of weakness - message of Gita. I hope we agree that War is not like a lala shop to prepare a profit & loss statement before making a decision. We did not start this war, it is being forced on us. The question is - should we respond to the war that is forced on us, the war we did not start, but the war which we have the strength to end.


    .




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  • django.stone
    06-26 07:13 PM
    as you can see in this chart, 1940 was the lowest point in house values, so obviously the number looks good, but in reality, house prices never increase until the recent crazy buying by financially clueless and greedy

    http://photos1.blogger.com/photoInclude/blogger/6089/1833/1600/shiller.gif



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  • unitednations
    03-25 02:54 PM
    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D

    My first order is greencards for everyone then next time people will see me would be at my funeral after the anti immigrants knocked me and obama off.:D




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  • Macaca
    03-06 09:04 PM
    The Top 200 H-1B Employers Of 2006 (http://www.networkworld.com/community/?q=node/15273) By Brad Reese | Network World, 05/17/2007
    Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007

    Top 19 Employers of New H-1Bs Petitions Approved in FY 2006

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    MICROSOFT CORP. 1,297
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    I-FLEX SOLUTIONS INC. 695
    HCL AMERICA INC. 652
    LARSEN & TOUBRO INFOTECH LTD. 624
    TECH MAHINDRA AMERICAS INC. 614
    INTEL CORP. 613
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    POLARIS SOFTWARE LAB INDIA LTD. 497
    MPHASIS CORP. 445
    SYNTEL CONSULTING INC. 415
    ERNST & YOUNG LLP 396
    LANCESOFT INC. 394

    Other 88,070 (80.3 percent)
    TOTAL 109,614 (0.07 % of U.S. labor force)
    Source: USCIS
    Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
    The number of approved petitions for new workers is not identical with the number of workers on the job because

    workers are occasionally sponsored by more than one employer,
    the job offer may subsequently be withdrawn,
    the job offer may be declined, or
    the worker if residing outside the country, may be denied a visa.

    The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
    Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
    The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
    The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
    The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.

    Pages 11-12

    Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    HCL AMERICA INC. 652
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    MPHASIS CORP. 445

    Total 14,768
    The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
    The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.

    It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
    The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
    Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.

    Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
    Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
    Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007



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  • gg_ny
    02-21 09:07 PM
    I am no fan of Dobbs and haven't watched his show longer than 15 min. in total. I didn't want to eloborate on something in that posting but would rather do now: by fanning of the mass hysteria, you do get attention- let it be Dobbs or Tancredo. Last year, because of the media and the politicians, many normally centric Americans listened to anti immigration propaganda, in particular, Dobbsian ones. No/not much American tears were shed when CIR was stalled in the Congress last year. The reason: people would tune to anyone-sentinent or nonsense persons- if those creatures speak what those people want to hear at that time. Now the Congress seems to be centric or stuck at the center due to gridlock but how long this will last?
    I believe that the average American civic sense is moving towards what is seen in European countries - discourage immigration in any form. Dobbs may not be an agent but definitely an instrument that keeps this feeling alive. It sells CNN and also keeps the base happy. How else would you explain a plain propaganda being catered via a network like CNN which claims to be different from - for example right-oriented Fox. Dobbs does it, there would be more louder Dobbsians in the future if anti immigration gets established inteh general psyche of Americans as it has already in many, many, many european nations.

    He is not questioned, ridiculed or targeted because he is a nobody. His viewership is not in millions but in hundred thousands. 762,000 to be precise. With such viewership numbers nobody targets him because its not worth it. Even "SpongeBob SquarePants" a carton show on Nickelodeon manages to get higher viewership than Lou Dobbs even though "SpongeBob SquarePants" is targeted at children.

    we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.




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  • h1techSlave
    01-09 12:28 PM
    If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.


    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!



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  • logiclife
    05-16 12:14 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.

    US congress cannot force investors to invest money only in US and get work done only in US.

    Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.




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  • nanban007
    07-14 12:56 PM
    I am a silent viewer all these days. My PD is DEC 2001 EB3-I. Thanks for the letter and I will send it today . Let us try our best. Cheers, Nanban



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  • ThinkTwice
    09-26 02:35 PM
    I like Mccain to be the president. Based on his experience and his involvement for the country.

    Also Mccain is a great candidate for us.

    "involvement" ...how does that qualify some one to be president, I am not for McSame or Obama but I know one thing for sure... Who ever is the next president has his work cut out and what this country needs is a visionary leader, not some one with the same of what has got this country into this mess.




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  • eb3India
    04-07 05:08 PM
    In late 1970's US had great demand for Doctors many Indian and Pakistan doctors migrated to US on green card, however after few years as demand went down, immigration for doctors also become very tough, infact complete system for foriegn doctors was made very restrictive.

    I see similar thing happening to IT but the catch here is Internet, virtually we can work from anywhere, but our senators who think internet is like series of tube does'nt get this



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  • sledge_hammer
    06-26 04:55 PM
    FYI - Historical Census of Housing Tables - Home Values (http://www.census.gov/hhes/www/housing/census/historic/values.html)

    If you work based on the historic values of price and rent appreciation - it should not make any difference.

    How? Just like the "fundamental" of any stocks price is how much money that company makes - the fundamental of a home price is the rent it can fetch in the market. So the home price and the rent will always increase at approximately the same rate.

    With that assumption, you will benefit from a "fixed mortgage payment" only if your home price/rent increases > inflation. Based on historic numbers - I doubt we can assume this to be the case.

    The period "right now" - is an aberration. I would caution everybody against using our intuitions honed in the debt fueled binge between 1980 to now. Cold hard numbers based on some quantifiable assumptions are better bets.

    >> People are not going to sell. They will just say put rather than take a 40% loss.

    Until inflation eats away at their "wealth" in the form of a house. :-). Markets are far more powerful and has a lot more tools at its disposal than people in denial.




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  • rajuseattle
    07-14 08:59 PM
    digital2k,

    Petition or efforts to recapture wasted VISA numbers is a good effort and I do support that inititiative.

    But their seems to be other petition floating around which ignited verbal fighting/arguments between EB-2 and EB-3 indians, that's harmful for the unity of this community (IV).

    I was against that petition which was written to Charles oppenheim complaning about the allocation of spill over VISA numbers to EB-2 India and China.


    I hope this explains my stand on IV efforts.




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  • jonty_11
    09-26 12:29 PM
    all the speculation aside, it would be good know waht IV core thinks abt this...or whats the Outlook of our Lobbying firm...for McCain or Obama




    pani_6
    07-13 01:15 PM
    What ever you might say Lawyers acted in DOL advise..


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




    sidchhikara
    04-06 10:24 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered
    what are you saying? The above post is totally incoherent



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