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."
Where is the evidence? Interfiling has been legal for several years and yet EB2 PD is at 2006 whereas EB3 is still hovering around 2001. The fact is that interfiling benefits only a small fraction of EB3 filers.
Rollong_Flood, you are misleading the entire IV community.
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That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.
If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.
This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.
this maybe your view .. but I can find some faults with it.
yes ..more money is equal to better lifestyle but a bigger house is not necessarily a better lifestyle for everyone. for many tech workers, following this line of reasoning will cause them more problems.
I don't know about you ..but I came here to US for money and for better quality of life (I didnot come here to buy a big house !!). a big house would mean that I have less money as more money goes for property tax / maintenance etc etc
now ..since I save money by renting ..I can afford to put my son in better dayschool, fund his college fund , take him for more freq vacations etc etc.
now this maybe different for some people ..maybe those earning more than 125 K or with double income.
also ..do you mean people should pay more for a house than it is worth ??
I agree with yr last points ...that not everyone has to run ..and thats what I am saying.
once you get GC and have a stable job and get a good offer on a house ...buy ..else wait. In other words ..as you are implying ..if you can afford a big house without making heavy sacrifices ..then go for it.
(but many people that I know ..buy big houses ..then try to save money on air conditioning, restaurants etc).
the other main problem with H1/ EAD is that you become immobile ..esp if you have to move for various reasons (since you have to worry about your legal status too ..).
btw ..if all americans stayed in rental (or smaller homes ) and drove japanese fuel eff cars ..then the world would have been a better place with lower gas prices :)
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
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But, it can go either way, may be 2002 EB3 goes current before 2005 Eb2 or vice-versa. Atleast they will have an equal chance and position. However, in the other case, when u allow porting, then A (EB3, PD 2002) will be strictly ahead of B (EB2, PD 2005)
According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.
wow you come back to the same argument again ..and you tell others. maybe you should ask your child ..would you prefer that I spend more time with you or is it o.k if I see you only on weekends.
you are saying the others are not understanding your point ..but at the same time you are not understanding the other side of argument.
basically you are equating a bigger house means better childhood ..which is plain wrong. maybe your case or for few lucky people that maybe the case ..but I suspect for 99 percent of people ..maintaining and buying homes means they have to slog harder and that means less time for kids !!
I give a damn who the candidates are - remember, a president only signs a bill into law or vetos it, he has no other power.
We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.
You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.
That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.
Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.
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You asked me and i tell you this. This news article was written by one of well known journalists around the world. His name is Robert Fisk. Just read this to get some understanding.
Robert Fisk: Why do they hate the West so much, we will ask. This is not published in any Muslim media but one of the well known in Britain called "The Independent". You won't read such things in CNN or Fox or BBC.
Who Robert Fisk is: http://en.wikipedia.org/wiki/Robert_Fisk. He is one of the very few journalists who speak the truth.
Here is the email I got back today
Good morning, Mr XYZ. I received your email and will be in touch after review of the mailed documents. Thank you for your prompt attention to this matter.
I hope everything goes smooth...still waiting :o
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 Taxation status of H-1B workers
H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare. Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident. However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.
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The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'
Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'
The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'
The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'
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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.
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This is interesting actually. Does LCA petition have a column saying it is Salary or percentage?
The way job offers go out is after companies do a math on the value you add to the company. Every h1b LCA petition has a salary mentioned that can be a range also ie $55 per hour and above etc....
Percentages or kickbacks are something that is between employer and employee and has nothing to do with Certifying officer - maybe I am missing something here
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This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.
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You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.
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Someone gave me a red with a comment-- Shut up, a$$h0le
This is what these people want. They do not want to talk about such topics as it is against their psedu secular nature.
Please give me greens to reply to such people.
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When you look at a house as an investment, one has to realize that there is a certain risk involved. So unless you are ready to lose some money if you made a bad decision, you should not invest. The most important thing to remember is that "investing" is never a bad decision. But investing w/o analyzing the risk involved is definitely bad. At the cost of sounding like any financial advisor, diversification is the key. Don't put all your eggs in one basket.
1. You do not want to buy a house because the real estate market may collapse.
2. You do not want to invest in stocks because the stock market could go down.
3. You do not want to buy gold because their track record for long term returns is a joke.
4. You do not want to park your money in a savings account because the interest doesn't even beat inflation.
Then what is an average investor to do?
The answer is "diversify" to minimize risk. Each of the above is a solid investment if you know how to play it. We need to invest in house, gold, stocks, bonds, savings account, etc, and be prepared to take a the risk of losing some money in any one.
..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!
What is use of living in this country legally here for 8 straight yrs and paying all those taxes, spending most of your earnings???? Still worrying if your labor with most recent company would be certified or not???????
The law should be changed. If you live here for 4-5 yrs and pay taxes, one should be eligible for applying for Permanent Residence on their own like many other countries.
Here no freedom for Employees. It is EMPLOYER driven.
if I had got GC 1 year back ..would I have purchased it ..a big NO.
last point ..even when I buy the house ..I wont think of it as an investment ..because we will never see those appreciations again ..look around, there is no shortage of land whatsoever.
having a GC simplifies things as I have one less thing to worry about and I can then atleast start looking.
on EAD ..I won't even waste gas to look around ..
even in california ..as far as I know ..it is because of excessive regulation that the RE is so pricey ..as other countries and places in US open up and become innovation centres ..regulations would become less or else price appreciation would come down in california.
BTW even I say it depends on one's situation ....some of my friends have extended families in US or their kids are grown up and they need space (some of them are renting their basements to a relative) ..in such cases it definitely makes sense to buy a house.
if it makes u feel better ..in my view ..long term prices will go up ..at around 4% once the correction is done (2010or 2011). at the same time for e.g when prices in atlanta drop by 4.5 percent (as in last case S index) ..the real drop is 7% when you take inflation in account.
one last example ..one of my batchmates in engg had purchased a house in san diego at the height of the bubble (750K) ..when I mentioned the bubble ..he said I don't care ..I like to live high or whatever ..now his house is in foreclosure
Buying a house is good or bad based on your homework you've done or need to do. I did not buy a house until I was close to my EAD. However, a couple of my wife's friends purchased their 'home' even when they were on H1B. This happened in California where the house value is astronomically high when compared to other places (like Texas, Arizona, Virginia, Chicago, etc). They lived in their home for 3-4 years, still didn't get their GC, sold their house and collected a huge profit of $200K and moved to over Texas. This happened in early 2006. They took the risk which worked out well for them ...meaning they were constantly on projects.
You gotta live in a place like CA to make reasonable profits. I am at present in VA, having bought a house there. I bought in Nov 2006 when real estate began to crash. As I speak I didn't make any equity. How much equity will I build in the next 2 years. This is anybody's guess ...maybe 10K or 20K, assuming real estate problems are bottoming out.
India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan.
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.