It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.
So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.
The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.
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Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.
Note that I have no personal gain from any of the above happening. :)
There are just too many cases in the Eb3 pipeline, unless USCIS/govt. does something about it..
2011 We#39;re happy you#39;ve arrived,
WILLIAMSBURG, Jan. 31 -- A year ago, newly empowered House Democrats gathered here at the Kingsmill Resort for their annual retreat brimming with confidence. Before them was an ambitious legislative agenda and a determination to end or curtail the U.S. troop presence in Iraq.
This time around, the hotel and golf courses are the same, but the song is markedly different. Gone is the talk of forcing President Bush to end the war, as is the impetus to pass a comprehensive immigration package and to stick to strict budget rules. Instead, Democrats are thinking smaller, much smaller.
They hope to leave today with the beginnings of a scaled-down plan to pass a handful of bills in the House -- even if they cannot get through the Senate -- and build a case for November that Democrats have been productive enough to warrant at least another two years in the majority.
"The agenda is, to some degree, a completion of the agenda that we started last year, as is usually the case in the second year of the Congress," said House Majority Leader Steny H. Hoyer (D-Md.).
Presidential election years are traditionally slow on the legislative front, and Democrats have a narrow majority in the Senate. Even in the House, the 290 votes the majority needs to overcome any Bush veto usually are not there.
Democrats may take their cue from the modest proposals in Bush's State of the Union address this week, which Hoyer called "thin."
But that does not mean the party's to-do list is blank.
Democrats need to pass a budget. They want to pass another energy bill. They would like to pump money into the Highway Trust Fund for road projects. They may reauthorize the No Child Left Behind education law. They have to push through appropriations bills.
Democrats also have not given up on Iraq, though they do appear to be moving away from their so-far-unsuccessful strategy of tying troop withdrawal language to money for the war. Based on the comments of leaders here, any Iraq timeline language that moves this year will probably move separately from funding bills.
And while Iraq was a huge topic of discussion at the 2007 retreat, the economy is the theme this time around. "That's what this conference is about, a four-letter word: J-O-B-S," said House Democratic Caucus Chairman Rahm Emanuel (Ill.).
The House is waiting to see what the Senate does with the stimulus plan it passed this week, and a second package could be on the way soon.
Of the House-passed stimulus bill, Hoyer said, "Our effort was not the perfect, but it was the possible, and that's what we're going to be focused on."
The same could be said of the party's broader agenda.
Technically, Democrats do not call this gathering a "retreat." It is an "issues conference." But the mood is not entirely serious.
Emanuel loosened up the crowd at Wednesday night's dinner by showing a popular YouTube video -- "My kids found it," he explained -- of a teenage boy sitting in his room lip-synching a Will Ferrell impersonation of Bush. The assembled lawmakers roared along with the video.
The attire is also decidedly casual. Some members are strolling around in jeans; others have gone for the menswear-ad blazer-and-khakis combination. A colorful array of sweaters has been on display; House Majority Whip James E. Clyburn (D-S.C.) met with reporters wearing a blue pullover emblazoned with "South Carolina. Smiling Faces. Beautiful Places."
While Kingsmill offers a wide variety of spa treatments and "wellness" services, members here have a full schedule of panel sessions on weighty policy topics. They heard governors talk about state budgets and chief executives address the environment and infrastructure. A speech by Federal Reserve Chairman Ben S. Bernanke is the main event Friday.
Clyburn, an avid golfer, lamented that he has been coming to Kingsmill for a decade for official functions but has never had the chance to hit the links -- often because of bad weather -- despite the presence here of four separate courses designed by such golf luminaries as Arnold Palmer and Curtis Strange.
But Clyburn said he is determined to get out on the greens today. Right after that Bernanke speech.
Can you please comment on my case , pls look at post#140 or http://immigrationvoice.org/forum/showpost.php?p=124370&postcount=140
I appreciate your help.
Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.
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(but in this case ..kid hardly knows his parents well).
in my humble opinion ..the best case is where a mother takes care of the son as long as possible and at the same time the kid plays with other kids of same age ..(there are definitely many exceptions) ...and most (neutral) people would say that those who rent would be more likely to have this best case.
Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.;)
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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I second you !!! I also heard from my co-worker that UN's wisdom is awesome.He is so popular.
Let us prove India is not a land of cowards, let us show that we are strong and we don't allow terrorists to attack our cities and our senate with impunity.
Remember, even your favorite Obama would not have hesitated to attack Afghanistan and Iraq post 9-11. He maintains he was opposed to the war on Iraq, but he has never said anything about Afghanistan. In fact, nobody did.
Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, because over 10k american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.
In Obama's reminders that he opposed the Iraq war in 2002, he contrasts his record with that of Hillary Clinton, who voted for the war.
Yet a comparison of all 85 votes the Senate has held on Iraq since Obama entered the chamber shows he and Clinton differed only once -- when Obama voted to support the nomination of Gen. George Casey, the top commander in Iraq for nearly three years, to become the Army chief of staff.
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be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.
by your explanation, what should hindus in india do? they were attacked, temples destroyed, forcefully converted, killed, lost land to islamic republics like pakistand and bangladesh??? Please read this on wikipedia...Thankfully not whole world thinks like you do.
An estimate of the number of people killed, based on the Muslim chronicles and demographic calculations, was done by K.S. Lal in his book Growth of Muslim Population in Medieval India, who claimed that between 1000 CE and 1500 CE, the population of Hindus decreased by 80 million. His work has come under criticism by historians such as Simon Digby (School of Oriental and African Studies) and the Marxist historian Irfan Habib for its agenda and lack of accurate data in pre-census times. Lal has responded to these criticisms in later works. Historians such as Will Durant contend that Islam spread through violence. Sir Jadunath Sarkar contends that that several Muslim invaders were waging a systematic jihad against Hindus in India to the effect that "Every device short of massacre in cold blood was resorted to in order to convert heathen subjects." In particular the records kept by al-Utbi, Mahmud al-Ghazni's secretary, in the Tarikh-i-Yamini document several episodes of bloody military campaigns. Hindus who converted to Islam however were not completely immune to persecution due to the Caste system among South Asian Muslims in India established by Ziauddin al-Barani in the Fatawa-i Jahandari., where they were regarded as an "Ajlaf" caste and subjected to discrimination by the "Ashraf" castes.
house a journey of the heart.
Rising temperatures reducing yields and altering distinctive flavour of India's most popular drink (http://www.guardian.co.uk/environment/2010/dec/26/climate-change-assam-tea)
By Amarjyoti Borah | The Guardian
Climate change is affecting the cultivation of Assam tea, with rising temperatures reducing yields and altering the distinctive flavour of India's most popular drink, researchers say.
High hills and abundant rainfall make the north-eastern state of Assam an ideal place to grow tea, with 850 gardens over 320,000 hectares (593,000 acres) producing the majority of the country's harvest. But in the last 60 years, rainfall has fallen by more than a fifth and minimum temperature has risen by a degree to 19.5C.
"This is clearly climate change, and it is bound to have major impact on the tea industry," said Debakanta Handique, a climate scientist in Assam.
The Tea Board of India said it had recorded a steady decline in tea production in recent years. In 2007, Assam produced 512,000 tonnes of tea. By 2008 this had declined to 487,000 tonnes, with estimated production in 2009 down again to 445,000. A further decrease is expected this year.
Mridul Hazarika, director of Tocklai Tea Research, the oldest tea research station in the world, said rainfall and minimum temperature were two of the most important factors affecting both quality and quantity of harvests.
"The decline has been taking place although there has been an increase in the area of tea cultivation as new gardens have come up, and many gardens have added new areas for tea plantation. This is an indication of the seriousness of the threat," said Hazarika. Efficient rainwater harvesting and new breeds of tea plants were needed to reverse the trend.
"Changes have already been observed in the flavour, but it is not possible to blame only climate change for this," he said. "Other factors like the fertilisers used and cultivation methods might also be partly responsible."
The changing taste of Assam tea is a serious concern for growers. Sudipta Nayan Goswami, an Assam-based planter, said subtle changes had already been observed: "The flavour has changed from what it was before. The creamy and strong flavour is no more."
"There is a huge demand for Assam tea abroad, and this is due to its strong, bright flavour. The changes will sharply hamper the demand for this variety of tea abroad."
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In the recent past, I expressed my views about the same subject on this forum. I was very angry with what happened in Mumbai. The desire to fix the wrong has not faded, but now that I look back, I regret some of the things I said at that time. My comments did not do any good and some of the coments offend few others on this forum. Those who felt offended by my comments are just as entitled to these forums as I am. I am not trying to be politically correct, just trying to say that it doesn't serves any purpose to discuss this issue on IV fourms.
Branding all people from a specific faith doesn't help in anyways. For too long men have fought because of religion and each such time was avoidable.
I do have a suggestion. To get some perspective, I suggest you watch the bollywood movie "New York", although I am not a big fan of bollywood movies.
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Skype has joined the ever-growing list of internet companies that are now unwelcome in China.
Facebook, YouTube, Twitter, Foursquare, Vimeo, Blogger, Blogspot, Wikileaks and Hulu are some of the others.
In the West, the automatic assumption is that China is scared of greater internet freedom. If it relaxes its grip on YouTube, for example, Chinese internet users might suddenly all start looking at videos of the Tiananmen Square massacre.
Actually, while China does ban some of the websites because of the information they contain (Amnesty, Wikileaks), the ban on the others is nothing more than plain old protectionism.
China is keeping YouTube out because it has its own domestic video sites � Tudou and Youku � and it wants them to grow and prosper. Youku just made its debut on the New York Stock Exchange and is now worth around $5 billion.
Google�s departure has hugely benefited Baidu and now Alibaba, which has pushed the US giant into third place in the Chinese market.
Likewise for Facebook. China doesn�t mind social networking. Its domestic Facebook clones, Renren and Kaixin001, boast 100 million users between them.
Sina Weibo, the Chinese version of Twitter, is seeing its user numbers rise by 50 per cent every week. From last year to this year the number of Chinese microbloggers rose from 8 million to 125 million.
Chinese microbloggers have scored some notable successes against the government this year, helping to highlight and, in some cases correct, a series of injustices.
Of course, the Communist party also finds it easier to control (and censor) domestic web companies than foreign firms, so keeping out the likes of Twitter makes the strategy a double-win.
Today�s revelation that Skype is now illegal is a continuation of the trend. In this case, the government is clearly supporting the home-grown services offered by its state-owned companies, China Telecom and China Unicom.
These are more expensive than Skype, require both a hefty monthly fee and then higher call charges, and would probably flounder (as they have to date) without the government�s help.
Stamping out foreign competition is nothing new. All countries do it. But China is quickly becoming the most aggressive and protectionist country out there.
Perhaps after a few years the government will be pressured to let these foreign internet companies back in � Facebook already seems to be negotiating a return � but by then, they will have been firmly left in the dust by their Chinese rivals.
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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.!!!!
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Go and learn something, learning01. Just stop reading the posts on this thread and stop posting here if you don't like. It is awful when people tries to take a censorship in open forums.
I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.
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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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as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.
It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.
You need to open an immigration advice center. Believe it or not you already have hundreds of clients that would readily leave their so called "lawyers" and move to you!! Think about it and remember to hire me when you are RICH :-)
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
Secondly, Hamas is this powerful today just because people of Palestian allowed them, supported them, elected them now why shy from facing the fallout?
It's sad and unfortunate that people are dying but they are dying because of their bad choices not Israel's so called "aggression".
Its because they are the one that occupies others land and murdering innocent civilians brutally under the guise of self defence.