Yes, we are all in trouble because of consultants. Nice attitude.
I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.
If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.
Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.
They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.
Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.
Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.
How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.
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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.
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 **
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.
Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.
A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us
I agree that there is general perception floating around which suggests that Democrats would not support EB.
But I have feeling that in teh dog eats dog world no one does favor on any one.when they say amensity for illigal immigrants there is some interests as polictal parties look for vote bank.
Lets assume that if Obama would be in power I guess in that case surely they will have to sing diffrent tune ( if we assume that they are completely against immigration which I doubt) as country has to give enough consideration to the fact that US needs foriegn workers. With such economy no one can ignore that if we don't encourage GC process there would be reverse brain drain. Companies like Microsoft has already started moving some operations in canada and other countries to accomadate foreign workers. Yes they would not do for you and me but they will have to do for strong business communities.
I really like the point mentioned here if you allow me I can forward this to Obama campaign for clarification on this..
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I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
�But now I make a living by bashing them.�
Is this a true statement? If yes, is there a URL for it? Thanks.
And money can't buy happiness? Really? Are you saying everything else remaining constant if I gave you money it would make you sad? Seriously? Who is this person who would be sadder if I gave him money? I would like to meet him.
You people need to stop reminiscing about your childhood days and how happy your childhood was even though you had no money. I have a feeling that your child doesn't really care. Sure, give your child lots of love, but for Christ's sake, if you can afford it, don't make him / her spend his / her childhood in a small cramped apartment just because you had to.
You are confused. Money alone cannot buy happiness. People with less money are all not sad. There is a difference between what people are saying in this forum and what you are implying that they said.
Your child will be happy in rented house too. There are advantages with renting. There are various factors other than space alone. This does not imply that your child will be sad in a bigger house. As I said you are getting too confused.
Will Compete America and other companies accept it? no way..
And if it goes through, it will be begining of an end to America's supermacy as a leader in the world economy.
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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.
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When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
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
Programs Funded by the H-1B Visa Education and Training Fee, and Labor Market Conditions for Information Technology (IT) Workers (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf), CRS Report for Congress, Updated January 23, 2007
H- 1B PROFESSIONALS AND WAGES: SETTING THE RECORD STRAIGHT (http://www.nfap.net/researchactivities/articles/NFAPPolicyBriefH1BProfessionalsAndWages0306.pdf), NATIONAL FOUNDATION FOR AMERICAN POLICY, March 2006
The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson | Executive Director, National Foundation for American Policy, Arlington, Va., February 2005
From Brain Drain to Brain Circulation (http://people.ischool.berkeley.edu/~anno/Papers/scid-2005.pdf)Transnational Communities and Regional Upgrading in India and China By AnnaLee Saxenian
Brain Circulation: How High-Skill Immigration Makes Everyone Better Off (http://people.ischool.berkeley.edu/~anno/Papers/brain-circulation-brookings-review-2002.pdf) By AnnaLee Saxenian | THE BROOKINGS REVIEW
Winter 2002 Vol.20 No.1
The International Mobility of Entrepreneurs and Regional Upgrading in India and China (http://people.ischool.berkeley.edu/~anno/Papers/International_Mobility_of_Entrepreneurs.pdf) By AnnaLee Saxenian, September 7, 2007
Education, Entrepreneurship and Immigration (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_II.pdf): America ’s New Immigrant Entrepreneurs , Part II By Vivek Wadhwa, Ben Rissing, AnnaLee Saxenian, Gary Gereffi
America’s New Immigrant Entrepreneurs (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_I.pdf) Part I
The new Argonauts (http://people.ischool.berkeley.edu/~anno/Papers/IMF_World_Bank_paper.pdf)
Review of Vulnerabilities and Potential Abuses of the L-1 Visa Program (http://www.dhs.gov/xoig/assets/katovrsght/OIG_06-22_Jan06.pdf), DEPARTMENT OF HOMELAND SECURITY, Office of Inspector General, OIG-06-22 January 2006
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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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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.
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1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
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This is what your so called peaceful religion preach? And you blame it on my religion?? How funny it is?
No matter what you believe and where you belong, its your deed whether good or bad that will decide your destiny.
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AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..
EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).
My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.
For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers
"If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....
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Regarding his idea of sending 15 millions of illegals out, that is not absurd. He never told he wanted to do it overnight. A gradual, slow deportation program yes, it would be probably the best way to handle this.
I am sorry if I look negative to you guys, but my goal is to be sincere and honest about facts here.
I think that wages have gone up drastically during the dotcom bubble and you should expect them to flatten for a few years. Also, the economy is coming out from a bust and that accounts to a little stagnation. It is simple man, the world also has to catch up. If you get the same job done for much less in coutries like China, India, Russia and romania, why do you think the wages will go up, unless there is a new technology, that absolutely needs cutting edge skills. This is the way it has been in ht past, this is the way it is in present and will be this way in future. The services and goods you are talking about will become more expensive if you want to send the undocumented workers out. And the wages may not go up that much because companies can get stuff done in other parts of the world. A reporter should talk about two sides of the issue and I have never seen Lou do that. I do not have the time/interest to find the transcripts but he had been offensive about H1s and I heard him say that H1's do not pay taxes, which is a blunder.
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For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)
But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.
Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.
Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.
What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
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and hearing this. Many Chicago folks DID hear this on the WBAM FM morning show in Chicago. The DJs play a game where they award winners great
prizes. The game is called "Mate Match." The DJs call someone at work and ask if they are married or seriously involved with someone. If the
contestant answers "yes," he or she is then asked 3 random yet highly personal questions. The person is also asked to divulge the name of
their partner (with phone number) for verification. If their partner answers those same three questions correctly, they both win the prize. One
particular game, however, several months ago made the Windy City drop to its knees with laughter and is possibly the funniest thing I've heard
yet. Anyway, here's how it all went down:
DJ: Hey! This is Edgar on WBAM. Have you ever heard of Mate Match?
Contestant: (laughing) Yes, I have.
DJ: Great! Then you know we're giving away a trip to Orlando, Florida if you win. What is your name? First only please.
DJ: Brian, are you married or what?
DJ: Yes? Does that mean you're married or you're what?
Brian: (laughing nervously) Yes, I am married.
DJ: Thank you. Now, what is your wife's name? First only please.
DJ: Is Sarah at work, Brian?
Brian: She is gonna kill me.
DJ: Stay with me here, Brian! Is she at work?
Brian: (laughing) Yes, she's at work.
DJ: Okay, first question - when was the last time you had sex?
Brian: She is gonna kill me.
DJ: Brian! Stay with me here!
Brian: About 8 o'clock this morning.
DJ: Atta boy, Brian.
Brian: (laughing sheepishly) Well...
DJ: Question #2 - How long did it last?
Brian: About 10 minutes.
DJ: Wow! You really want that trip, huh? No one would ever have said that if a trip wasn't at stake.
Brian: Yeah, that trip sure would be nice.
DJ: Okay. Final question. Where did you have sex at 8 o'clock this morning?
Brian: (laughing hard) I, ummm, I, well...
DJ: This sounds good, Brian. Where was it at?
Brian: Not that it was all that great, but her mom is staying with us for a couple of weeks...
DJ: Uh huh...
Brian: .and the Mother-In-Law was in the shower at the time.
DJ: Atta boy, Brian.
Brian: On the kitchen table.
DJ: Not that great?? That is more adventure than the previous hundred times I've done it. Okay folks, I will put Brian on hold, get this wife's
work number and call her up. You listen to this.
(3 minutes of commercials follow)
DJ: Okay audience, let's call Sarah, shall we?
(touch tones... ringing...)
DJ: Hey, is Sarah around there somewhere?
Clerk: This is she.
DJ: Sarah, this is Edgar with WBAM. We are live on the air right now and I've been talking with Brian for a couple of hours now.
Sarah: (laughing) A couple of hours?
DJ: Well, a while now. He is on the line with us. Brian knows not to give any answers away! or you'll lose. Sooooooo... do you know the rules of
Sarah: (laughing) Brian, what the hell are you up to?
Brian: (laughing) Just answer his questions honestly, okay? Be completely honest.
DJ: Yeah yeah yeah. Sure.. Now, I will ask you 3 questions, Sarah. ! If your answers match Brian's answers, then the both of you will be of To
Orlando, Florida for 5 ! days on us. Disney World. Sea World. Tickets to the Magic's game. The whole deal. Get it Sarah?
Sarah: (laughing) Yes.
DJ: Alright. When did you last have sex, Sarah?
Sarah: Oh God, Brian....uh, this morning before Brian went to work.
DJ: What time?
Sarah: Around 8 this morning.
DJ: Very good. Next question. How long did it last?
Sarah: 12, 15 minutes maybe.
DJ:! Hmmmm. That's close enough. I am sure she is trying to protect his manhood. We've got one last question, Sarah. You are one question away
from a trip to Florida. Are you ready?
Sarah: (laughing) Yes.
DJ: Where did you have it?
Sarah: OH MY GOD, BRIAN!! You didn't tell them that, did you?
Brian: Just tell him, honey.
DJ: What is bothering you so much, Sarah?
Sarah: Well, it's just that my mom is! vacationing with us and...
DJ: Come on Sarah... where did you have it?
Sarah: In the butt...
DJ: Folks, we need to take a station break
But we can discuss on what we can do or have to do based on "IF" "Obama is elected president and as understandable Senator Durbin determines the rules of the game for EB Immigrants.." what are our options , what can we do overcome the crisis through IV , I think this is constructive discussion... and what direction would and will benefit all of us , I see this happening as nightmare.
Some ppl might argue that its in hands of Congress and Senate... thats right who ever would have followed on CIR 2007 debate its understandable thats the basic rule. But if you see last year the reason bill was defeated was with narrow voting. There is a good chance these numbers might change due to elections new senators might come in. Also argument is there might not be much heat as elections are over , IF not we are all happy and if comes again we need to pursue this again as we did in 2007. But things might change we should be prepared to handle in the apt and best way we can for our best benefit.
Taking in to other direction if McCain might win I dont see any -ve challenges if not positive. Lets change our direction from whoz best to what to do if such scenario arises ... there are lot of ppl from INdian origin in Obama campaign.. will they help...
My point is if McCain is elected, there is no chance for GC debates. The economy will become so bad that there won't be any support from any law makers. Nobody will touch the immigration bill.
Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html
And your source is RASHID KHALIDI!
I rest my case. Anyone knowing anything about Middle East conflict knows how biased and pro-Palestinian this guy is.
Partition of Palestine was done as per United Nations General Assembly Resolution 181
Stop smoking pot!