Monday, July 4, 2011

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  • GCOP
    07-13 01:31 PM
    I agree. We have involved in IV action Item. It is Simply our Hard Luck that, we all (EB3-I)are stuck in this situation. IV has tried for Bill every Single year Since about Last 3 Years, Organized rally. Nothing worked out for us. In the mean time EB-2 moved to 2006 and EB-3 is Still in 2001. I believe it is just our hard luck, that despite of all IV efforts & Our support to IV , No Result for Eb-3 Forward movement. NOW THE QUESTION IS WHICH ACTIONS CAN BRING THE RESULTS FOR EB-3 (I)
    Guys I am getting the impression that EB-3- I did not act on IV action items..that's not true we have been actively involved in IV action items and have been contributing...





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  • pd_recapturing
    04-15 02:58 PM
    1. Money cant buy happiness


    A new research:
    http://www.reuters.com/article/domesticNews/idUSN2042446720080320?feedType=RSS&feedName=domesticNews&rpc=22&sp=true





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  • unitednations
    07-17 12:47 PM
    Here is a real example that is going on right now.

    Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.

    He gets an rfe to give I-20 and prove status.

    Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.

    However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.

    Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.

    Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.

    If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.

    Not a good situation all around for him.





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  • BharatPremi
    07-14 09:14 AM
    Why is EB3 India unhappy?

    The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.

    The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?

    I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.

    Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.



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  • maddipati1
    03-23 03:08 PM
    Did you send Seinfeld a royalty? :D
    -a

    cheers





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  • minimalist
    08-05 03:37 PM
    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..

    If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
    If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.



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  • Rolling_Flood
    08-05 09:00 AM
    Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
    Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir.

    I am not anti-immigrant, just anti-porting and anti-interfiling.

    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?





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  • soni7007
    08-06 03:23 PM
    Send a PM to soni and ask, he/she gave me one.

    Dear NKR, I am a "she" I did not give u a red dot..You are hilarious:)



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  • bazuka6
    07-13 02:15 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please



    Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..

    Had they cared July fiasco wouldn't have happened...





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  • ssa
    07-14 02:13 PM
    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...



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  • msp1976
    04-08 08:17 AM
    The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:
    http://www.dol.gov/compliance/guide/whistle.htm
    http://en.wikipedia.org/wiki/Whistleblower

    Yeah right....
    If the whistleblower protection does not protect the non-immigrant status, nobody would blow THAT whistle, would they ??
    I am amazed by the kind of circular logic these people concoct....





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  • dealsnet
    01-07 12:25 PM
    Here I got a comment from a member about the Palastine people. Ask any Indian in middle east about them. They hate the palastines. They consider Indians as inferior to them. They act like superior.
    I heard many saying , 'if they behaving like this as a refuge, if they have own country what will be their attitude?'
    Some guys support traitors. Any way all terrorists are traitors of the country they live.
    see link which a member send to me. www.thereligionofpeace.com
    another one.http://www.faithfreedom.org/Articles.htm

    I am pasting a feedback from a member.
    'got it right, I met many people from palastine, none of them qualifies as good human'



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  • wandmaker
    08-11 02:17 AM
    Four college friends were so confident that the weekend before finals, they decided to go up to Dallas and party with some friends up there. They had a great time. However, after all the partying, they slept all day Sunday and didn't make it back to Austin until early Monday morning.

    Rather than taking the final then, they decided to find their professor after the final and explain to him why they missed it. They explained that they had gone to Dallas for the weekend with the plan to come back and study but, unfortunately, they had a flat tire on the way back, didn't have a spare, and couldn't get help for a long time. As a result, they missed the final.

    The Professor thought it over and then agreed they could make up the final the following day. The guys were elated and relieved. They studied that night and went in the next day at the time the professor had told them. He placed them in separate rooms and handed each of them a test booklet, and told them to begin.

    They looked at the first problem, worth 5 points. It was something simple about free radical formation. "Cool," they thought at the same time, each one in his separate room. "This is going to be easy."

    Each finished the problem and then turned the page. On the second page was written:

    (For 95 points): Which tire?





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  • somegchuh
    03-25 12:59 PM
    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
    2. I hear about tax rebate for homeowners. But what about property tax?
    3. What about mortgage insurance payments?

    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.

    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.

    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.



    Buying a house is a long term move. Not a short term. The payment for house will remain (pretty much) the same for 30 years! Rental prices will go up every year. And after 30 years of payments, the house will be all yours.

    You're also neglecting the tax savings. There'll be appx. $900 per month in tax saving (assuming 25% tax bracket).

    Unless you can think and plan 5~10 years ahead (at least), real estate is not for you.



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  • unseenguy
    06-24 08:27 AM
    see my statement yesterday:

    Even if I offer current owners 20% less , the math does not make sense for me. Hence I am expecting 30% -35% correction from current expectations of the owners.





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  • tampacoolie
    07-08 05:02 PM
    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. ..

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.



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  • dontcareanymore
    08-05 02:33 PM
    Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.


    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.


    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.

    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.





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  • Ramba
    09-26 03:24 PM
    Employment based GC will exist whoever wins. CIR or any other reform that increses number of immigrants per year (legal/illegal/ammnisity/point system/high skilled/low skilled) may not be possible in new administration (BO/Mcsamebush), unless economy bounce back. Immigration is tiny bit of the big problem facing this country. If the current economny lead to depression/recession what is the use of having GC/USC?

    Both are politicans their first ambittion is the office. Country first is simply bull. However, I think BO, is the right choice at this momnet. as atleast he is having professional approch in every problem. He is having little bit socialism. I think economy will boucnce back in BO admin, which is the important issue at this point.





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  • kaisersose
    04-14 11:10 AM
    Most of the posts here are not relevant to the original topic of the thread – buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home – just like stocks – it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.





    Macaca
    05-27 05:26 PM
    Immigration: You can't rely on E-Verify (http://www.latimes.com/news/opinion/opinionla/la-ed-arizona-20110527,0,7225123.story) Los Angeles Times Editorial

    On Thursday, the U.S. Supreme Court upheld an Arizona law that permits local officials to revoke the licenses of businesses that knowingly hire illegal workers. The decision makes sense in principle but not in practice.

    Under the 2007 Legal Arizona Workers Act, business owners are required to use the federal E-Verify program to confirm if a person is authorized to work in this country. Employers must electronically check workers' names against databases kept by the Social Security Administration and the Department of Homeland Security. Workers found to be ineligible have up to eight working days to straighten out the problem before employers would be required to fire them. If a company is found to have knowingly hired an undocumented worker once, it can have its licenses suspended; twice, the company may be shut down.

    The problem with the Arizona statute is not that it penalizes employers who break the law. Businesses that hire undocumented immigrants should face fines or sanctions, as called for under current federal law (although many would disagree with the court's conclusion that states may impose such penalties). The problem is that the law relies on E-Verify, which isn't ready for prime time.

    Until now, E-Verify has generally been used on a voluntary basis by employers because of concerns about its accuracy. Conservative estimates put the program's error rate at just under 1% � meaning that one out of every 100 legal job applicants could be found ineligible to work. Nearly half of those will not be able to fix the problem even though they are citizens or legal workers, according to the National Immigration Law Center. The reality is that the error rate may be much higher. Consider that in 2008, Intel Corp. reported that just over 12% of its workers were wrongly tagged as ineligible, according to the Migration Policy Center in Washington. Or that a survey by Los Angeles County of employees found an error rate of 2.7 in 2008 and 2.0 in 2009, according to a report submitted to the Board of Supervisors. The error rate is especially high in cities with large immigrant communities.

    Furthermore, E-Verify doesn't detect identity theft or prevent unscrupulous employers from moving their workforce off the books. Nor does the law guarantee employers that they will be immune from losing their licenses if E-Verify mistakenly allows them to hire an undocumented worker. That lack of protection may, as Justice Stephen G. Breyer noted in his dissent, persuade some business owners to avoid hiring those who look or sound foreign-born.

    At the very least, the court's ruling should prompt the Obama administration to act quickly to fix E-Verify and improve its accuracy. And the White House should seek a qualified candidate to serve as the Justice Department's special counsel in charge of enforcing the anti-discrimination provisions of the immigration law.

    But the court's ruling doesn't fix the bigger problem: the need for comprehensive immigration reform. Arizona and other states that have passed similar measures are stumbling to create their own immigration laws because the current system isn't working. Thursday's decision should put Washington on notice that in the absence of a federal solution, states will step in to fill the void.


    D.C. region�s Asian population is up 60 percent since 2000, census data show (http://www.washingtonpost.com/local/dc-regions-asian-population-is-up-60-percent-since-2000-census-data-show/2011/05/25/AGvgndBH_story.html) By Carol Morello and Dan Keating | The Washington Post
    A Bond for the Homeland (http://www.foreignpolicy.com/articles/2011/05/24/a_bond_for_the_homeland) By NGOZI OKONJO-IWEALA, DILIP RATHA | Foreign Policy
    More People, Please
    Don't worry about the booming global population -- celebrate it. (http://www.foreignpolicy.com/articles/2011/05/23/more_people_please)
    By | Foreign Policy
    How Latinos Got Stung (http://www.realclearpolitics.com/articles/2011/05/22/how_latinos_got_stung_109943.html) By Ruben Navarrette | Denver Post
    What immigrants contribute (http://www.washingtonpost.com/opinions/what-immigrants-contribute/2011/05/19/AFjy9L9G_story.html) By Alejandro Becerra | The Washington Post
    Secure Communities program: A flawed deportation tool (http://www.latimes.com/news/opinion/opinionla/la-ed-secure-20110523,0,4886580.story) Los Angeles Times Editorial





    hetalvn
    09-19 05:04 PM
    hi
    they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
    Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
    they should clarify this situation since they are taking money from us.
    hetal shah
    hetalvn@yahoo.com



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