in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..
take appt with Rajiv Khanna/Murthy without wasting any minute further..
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It is December 1st not November 30th.
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
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And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.
It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.
What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?
I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.
EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.
the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.
Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.
- I went to two local uscis office interviews; so I am pretty versed in their procedure.
can you kindly enlighten me on what you exactly mean by "suspicious" original poster?
Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn
I had no idea my two humble posts would stir up such a hornets' nest among the desi junta here. I certainly see more "bears" coming out of their hibernation now that spring is here :).
OK, I admit that I am also in the camp that really wants to buy a house and "settle down" in a good area with good schools for my kids. The mythical "nesting instinct" is alive and well here. I am obsessed with the real estate market, and am constantly watching real estate porn as my wife calls it, i.e., surfing on ziprealty.com and redfin.com trying to spot good deals.
However, the reality is that I am scared sh*tless of the market right now. I do not want to burn my hard earned equity in the form of a good 20% plus downpayment. If you are in the same situation as I am, then I would offer the following practical suggestions to help you cope with the situation:
1. Rent a house/townhouse/condo from private parties instead of an apartment complex to help you understand the responsibilities and expenses of homeownership.
2. If renting an apartment in an area with moderate schools, and have school age kids, instead of trying to chase the dream of building equity in a house in an area with good public schools, in the short run, consider sending your kids to a decent private school. The cost of added property taxes in case of home purchase would alone balance out the high monthly payments of private schooling, with probably better "return on investment" at a private school.
3. Feel good about renting an apartment: You should not succumb to peer pressure and try to keep up with the Janardhan's (OK, bad joke, "Joneses") and buy a house just because other people took the plunge at the wrong time. Your time will come. Just be patient. Not to be taken lightly is the fact that in the month of April we celebrate Earth Day - think positively about all the energy you are saving living in an apartment with shared utilities with other people living in the complex. A house is a big energy guzzler (although I am sure an enjoyable one!) in all respects - more heating and cooling costs, more water used (esp. in summer with lawn watering), more greenhouse gas emissions from your individual lawn mower, leaf blower, and snow blower (can you picture yourself mowing your lawn or riding the snow blower in your lungi :D- OK this joke is getting old)...
4. More quality time spent at home with the kids - when you are not having to do chores around a big house. A house seems to take up a lot of maintenance time, not to mention time spent cleaning/vacuuming /dusting the entire 3000 sq ft area and otherwise maintaining the 1/4 acre yard. You could instead spend a lot of quality time with your kids doing projects/homework/art work with them and being a kid again yourself. In a house it is more likely that unless you have kids big enough to help you do those chores for some incentive, your kids will be watching Dora and Diego while you are cleaning up.
All in all, I think there are many positives to look forward to while you save money renting, and like I said before, when the time is nigh, you will have your turn. You will also by then, hopefully have your green cards in hand and may even be able to move to a more desirable city or other states looking for better work opportunities and where your downpayment savings will take you farther in getting you more for your buck.
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1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.
For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.
Let me declare the winners:
1. Mariner & nojoke are logical & declared winners in this debate
2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.
May God Bless you guys.
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
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Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
I believe you missed the entire point.
YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
Now, answer the question- why are the years spent in MS/PhD not getting any credit?
Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?
I'll answer for you since you refuse to be objective.
The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.
If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.
I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.
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Can someone note the
- Best funny post on this thread
- Best post of the thread
- Worse post of the thread
for the 3 awards and I will go through just those 3 posts and close the thread. :D
I will open the thread once Rollling_flood files the lawsuit:D.
What do you say?
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Just my observation.[/QUOTE]
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.
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If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??
No; it is not hard to use.
However; the way people use labor substitution, future base employment, labors in fast processing states, going from consulting companies to "permanent jobs"; job descriptions not matching, companies getting ability to pay queries on approved cases; uscis changing their interpretations of laws/regulations, people getting off h-1b after six years.... all of these things add a lot of complexities.
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Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007
Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030
Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481
Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806
See the link below for reference:
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Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.
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.
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As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Well, if you going for it, why don't you try this. Only you and you can apply for GC, no one else should be allowed to do so - unless you get it first.
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McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.
Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.
It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.
I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.
Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.
The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.
Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.
Do not be lulled by its intoxicating fragrance or the dainty, starlike blossoms whose whiteness suggests innocence and purity. Jasmine, a stalwart of Chinese tea and the subject of a celebrated folk song often heard while on hold with provincial bureaucrats, is not what it seems.
Since Tunisian revolutionaries this year anointed their successful revolt against the country�s dictatorial president the �Jasmine Revolution,� this flowering cousin of the olive tree has been branded a nefarious change-agent by the skittish men who keep the Chinese Communist Party in power.
Beginning in February, when anonymous calls for a Chinese �Jasmine Revolution� began circulating on the Internet, the Chinese characters for jasmine have been intermittently blocked in text messages while videos of President Hu Jintao singing �Mo Li Hua,� a Qing dynasty paean to the flower, have been plucked from the Web. Local officials, fearful of the flower�s destabilizing potency, canceled this summer�s China International Jasmine Cultural Festival, said Wu Guangyan, manager of the Guangxi Jasmine Development and Investment Company.
Even if Chinese cities have been free from any whiff of revolutionary turmoil, the war on jasmine has not been without casualties, most notably the ever-expanding list of democracy advocates, bloggers and other would-be troublemakers who have been pre-emptively detained by public security agents. They include the artist provocateur Ai Weiwei, who remains in police custody after being seized at Beijing�s international airport last month.
Less well known are the tribulations endured by the tawny-skinned men and women who grow ornamental jasmine here in Daxing, a district on the rural fringe of the capital. They say prices have collapsed since March, when the police issued an open-ended jasmine ban at a number of retail and wholesale flower markets around Beijing.
Zhen Weizhong, 47, who tends 2,000 jasmine plants on about an acre of rented land here, said the knee-high potted variety was wholesaling at about 75 cents, one-third last year�s price. �Even if I could sell them, I would lose money on every plant,� he said, glancing forlornly at a mound of unsold bushes whose blossoms were beginning to fade. Asked if he knew about the so-called Jasmine Revolution and whether it had played a role in collapsing demand, Mr. Zhen shrugged. �I don�t know anything about politics,� he said. �I don�t have time to watch television.�
Much like the initial calls on the Internet for protesters to �stroll silently holding a jasmine flower,� the floral ban is shrouded in some mystery. The Beijing Public Security Bureau declined to answer questions about jasmine. But a number of cut flower and live-plant business owners said they had been either visited by the police in early March or given directives indicating that it had become contraband.
Several of those who run stalls in one large plant outlet, the Sunhe Beidong flower market, said the local police had called vendors to a meeting and forced them to sign pledges to not carry jasmine; one said she had been instructed to report to the authorities those even seeking to purchase jasmine and to jot down their license plate numbers. (She said she had yet to detect any subversives seeking to buy jasmine at her stall.)
Although some vendors were given vague explanations for the jasmine freeze � that the plant was �symbolic� of those people who wanted to sow rebellion � most people involved in the flower trade have been largely left in the dark about why they should behave with such vigilance, and some professed ignorance of the ban altogether. Thanks to a censored Internet, most Chinese have never heard of the protest calls in China, nor are they aware of the ensuing crackdown.
In the absence of concrete information, fantastic rumors have taken root. One wholesale flower vendor at the Jiuzhou Flower and Plant Trading Center in southern Beijing said he heard the ban had something to do with radiation contamination from Japan. A young woman hawking floral bouquets at Laitai, a large flower market near the United States Embassy, said she was told jasmine blossoms contained some unspecified poison that was killing people. �Perhaps you�d like some white roses instead?� she asked hopefully.
Wu Chuanzhen, 53, a farmer who tends eight greenhouses of jasmine on the outskirts of the city, said other growers had insisted that adherents of Falun Gong, the banned spiritual movement deemed an �evil cult� by the authorities, might use the flowers in their bid to overthrow the governing Communist Party. �I heard jasmine is the code word for the revolution,� she said. Her laughter suggested she thought such concerns were absurd.
Many sellers, however, were less than eager to discuss jasmine with a foreigner, particularly at the Sunhe Beidong market, where a policeman could be seen last month nosing around the bouquets. Most quickly steered the conversation to more promising topics. �You don�t want to buy jasmine. It�s just not trendy this year,� said one clerk at the Laitai market, pointing to pots of lavender and rosemary.
As is often the case in China, controls have a tendency to wilt in the face of mercantile pressures. After two months with little sign of jasmine at the markets, a few vanloads of the plants, their branches thick with blossoms, began to show up at wholesale centers last week. They were priced so low, the buyers could not resist. One retailer, who asked that only her surname, Cui, be printed, acknowledged that the original order had not been officially lifted but that the authorities had yet to interfere.
Another vendor waved away talk of revolution and broke into a rendition of �Mo Li Hua,� a version of which was played each time medals were presented during the 2008 Olympics in Beijing:
A beautiful jasmine flower,
A beautiful jasmine flower,
Perfumed blossoms fill the branch,
Fragrant and white for everyone�s delight.
Let me come and pick a blossom
To give to someone,
Jasmine flower, oh jasmine flower.
US lambasts Chinese repression of dissidents as 'trying to stop history' (http://www.independent.co.uk/news/world/asia/us-lambasts-chinese-repression-of-dissidents-as-trying-to-stop-history-2282122.html) By Clifford Coonan | Independent
Chinese Crackdown on Domestic Critics Extends to Writer Barred From Traveling (http://www.nytimes.com/2011/05/10/world/asia/10writer.html) By KEITH BRADSHER | New York Times
A Cardinal's Warning on China (http://online.wsj.com/article/SB10001424052748704132204576285221267394028.html) By MARY KISSEL | Wall Street Journal
China: A sharper focus (http://www.ft.com/cms/s/0/849f75dc-7b36-11e0-9b06-00144feabdc0.html#axzz1M2hLbDiL) By Jamil Anderlini and Kathrin Hille | Financial Times
Fire and Ice
Ai Weiwei�s cutting edge art, blogging, and sacrifice on behalf of freedom in China. (http://www.tnr.com/article/the-picture/88115/ai-weiwei-china-artist-arrested-moma-exhibit)
By Jed Perl | The New Republic
The Great Firewall of China (http://www.washingtontimes.com/news/2011/may/10/the-great-firewall-of-china/) The Washington Times Editorial
Anish Kapoor Dedicates Art Work to Ai Weiwei (http://blogs.wsj.com/indiarealtime/2011/05/11/anish-kapoor-dedicates-art-work-to-ai-weiwei/) By Margherita Stancati and Josh Chin | IndiaRealTime
A Tale of Nanjing Atrocities That Spares No Brutal Detail (http://movies.nytimes.com/2011/05/11/movies/city-of-life-and-death-from-lu-chuan-review.html) By MANOHLA DARGIS | New York Times
If I make money from a due to a piece of information or knowledge directly obtained from biggerpockets, I'll buy you a beer! :D