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  • dontcareanymore
    08-05 01:58 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.

    Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.




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  • amitjoey
    08-05 01:29 PM
    I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
    NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
    DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.




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  • StuckInTheMuck
    08-06 10:37 AM
    I agree. I was not talking of the USCIS point of view, but our point of view (reflecting on the last line of the original post) :)




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  • GCScrewed
    07-13 08:29 PM
    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!

    Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.

    As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.



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  • SunnySurya
    08-05 02:21 PM
    Almost all the porting cases I know falls in that category. Only those people who has resources and means to do this will be able to do it. And guess who are those people...

    I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

    Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.




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  • ss1026
    12-21 01:00 PM
    The minorities in India for the most part don't want to do anything with extremism. Like the rest of india, they are concerned with making a decent livelihood though there is a somewhat sucessful attempt at painting them all as extremists by the Hindu Right wing.

    It is not embrassment as they are not part of this crime. It is sad that they are to go out and state their innocence in ways they did. If anyone has helped in the attacks, I say go after them and punish them within the laws of the country. If that means feeding them dal/roti in jail, so be it as long as they get the punishment they deserve.

    Pakistan is cornered and have to make some real effort to show that they are not trying to fade this incident away from the world's memory. Unfortunately, if they don't take quick and decisive measures, they could self implode. They better realise that it is better to fix their own dilipadated house than trying to destroy the neighbors. Though I am no war monger, for the short term I think a small 10-20 person tactical team can do some damage at precise locations. Tit for tat but with useful results

    Obviously the issue of internal problems has to be addressed. This is a source on which extremist can tap on. As someone mentioned on this forum, Saif Ali Khan ( who has a hindu mother, hindu ex-wife and hindu GF) cannot get a home in India's most cosmopolitan city. Neither can Javed akhtar ( an avowed atheist) or shabana azmi. One can only imagine what the normal minorities face everyday. And ignoring this as just complaints of an 'ungrateful' muslim populace does not remove the very real discrimination that minorities face in modern India.

    This is why I keep hoping for a Justice and executive system that address this. Punish the guilty. I have seen people either ignore the issue of Gujarat/orissa or even defend it. If you put your religion/race shades on, then one can ignore/defend such inhumane events. Equal opportunity for employment/housing/schooling is needed just like in USA. Address in an academic way if affirmative action is needed and take the politics out of it. One of the parameters of a strong democracy is the treatment and security of the minorities. India would only be stronger for it and that is my sincere hope. xyzgc -See if you can finally get around to address this.

    If that's what your experience has been, its good news.
    Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.

    However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?

    Justice doesn't come magically or does it?



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  • Refugee_New
    01-06 05:41 PM
    Oh! you were so saddened and shocked about the killings happening far way!
    And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn’t see any post from you in that thread)

    Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.

    OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?

    I get shocked only when the world watches the massacre silently and doesn't stop the killing. By the way you couldn't find my post because "Mumbai attacked" thread was deleted by moderator after several weeks of discussion and racial insults.




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  • xyzgc
    12-22 03:16 PM
    Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
    Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.

    BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.

    The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.

    Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.

    Publicity is a good potent weapon, I agree.



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  • zCool
    04-07 12:45 AM
    I don't think that will be end of the world. H1B was answer to the xenophobia itself. It's beneficial to corporations and US economy but very bad for Indians who are being lured under wrong perception. People are getting temperory permits for jobs that basically happen to be of permanant nature.
    When there happen to be 200K applications for 65K permits on day 1.. and folks from Microsoft and Google have to worry abt being able to keep geniuses they have hired.. something's gotta happen to separate wheat from chaff.. this will be it..!




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  • StuckInTheMuck
    08-06 11:14 AM
    Got past me too :)



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  • GCScrewed
    07-13 06:34 PM
    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.

    People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.

    This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.[/QUOTE]

    I am just stating the fact. The position was not my position. So I can't speak too much about it. But that was the person who worked there told me. The most important point is that a lot of EB2s do not deserve it at all. This is especially true for smaller companies including those body shops, where a lot of wiggle room exist on how you describe the job requirements. In large companies, they tend to have more strigent requirments on what category to file. A lot of people filed under EB3 before the retrogression starting in late 2004 and 2005 because they did not pay too much attention on this issue (that's their bad - lessons learned).

    Although I don't see the data yet, I bet if you compare the proportion of EB2 applicants (or EB3 applicants), you will see a great difference before and after late 2004. Why? Because that's when the EB3 retrogression started and people began to move onto EB2. Are there so much more EB2 positions after 2004 than before? I doubt.

    I think that's what really make people upset, esp. those got stuck in every stage, from BEC, I140, from name check and 485. All these simply because they changes something without considering those in line already.




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  • willwin
    07-14 08:54 AM
    send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!

    I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.

    one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.


    Agreed! But what is your problem? Check your pressure ASAP. It doesn't spare you just because you are EB2!



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  • Pineapple
    12-24 04:31 PM
    Dude, I have donated over $ 1000 to IV so far, and participated in every campaign, and made enough calls to give me blisters, all without seeking attention or green dots. Next please?

    I think you and many others like you didn't want to go in the first place. You are just inventing an excuse.
    There are other threads on this forum, this is not a good excuse. If you don't like this thread, don't bother reading it. Its really simple.




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  • sc3
    08-05 08:07 PM
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.



    If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.

    Emotional and silly? I dont think so. This thread talks about stopping a legal option available to lots. The arguments provided have no legal grounding.

    Also, your claim that "in US Bachelors degree is the considered the basic or primary degree" is not supported by law (show me the law which states as such, and I will shut up). It is again subjective. There are a lot of "Associate degree" etc, so classification of "basic degree" is nothing by subjective. As I said before, what you consider "Advanced" need not be a advanced degree for another, and the law never explicitly talks about what is meant by "Advanced". It is USCIS guidance on what it considers to be "advanced degree".

    The thread says we should disallow Eb3's refiling because it is unfair, I am saying jumping jobs without getting GC is unfair. Again subjective... what you consider unfair maybe very different from what I consider unfair. The law allows for both, EB3 refiling, as well as Ac21 portability. We cant do anything about it -- none of these are basis for lawsuits wants it to be.


    "You have a advanced degree that no Bachelors can do... that is the law"


    So now you take recourse to the law, when you support filing a lawsuit for something written in law. Furthermore, just guessing here, looks like you are in medicinal field, or something that affects human life. Well, that law is not universal. There are other countries where the same job can be done by a bachelors. To some extent such "advanced degree" requirements are put in place by lobbies, or due to some other constraints.


    No, every EB3 does not think EB2 is fraud. It is EB2s that think EB3s can be done by anyone pulled off the street. Every occupation needs skills, just because someone has an advanced degree mean that all other work can be done by monkeys.


    And BTW: Someone gave me a neg, saying I am disparaging EB2 by calling them Monkeys. No I did not do that, some other guys brought it on themselves when they claimed EB3 work can be done by monkeys. I just said, if EB3 work can be done by monkeys, so can EB2 work. Read before you leave comments to others.



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  • NKR
    04-14 04:10 PM
    Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing).

    but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing).


    Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work.
    I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.




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  • pani_6
    07-13 04:54 PM
    Guys just modified a lill bit..so unless somebody comes up with something better we will go with this...we can after all send more if somebody comes up with another draft..

    This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $

    Come on Guys
    Action & Urgency!



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  • mheggade
    07-15 10:35 AM
    <SARCASTIC> Ignorance is Bliss. </SARCASTIC>

    I just hope sanity makes a come back and people will see that the new visa over flow interpretation is advantages to EB3-I.

    OLD over flow interpretation

    EB1 ROW ------->EB2 ROW---------->EB3 ROW.

    New over flow interpretation.

    EB1 ---------------->EB2------------------------>EB3
    (Any chargeability) (Any chargeability) (Any chargeability)

    Only condition is visa should be allotted to the oldest PD in the lateral distribution irrespective of the country chargeability. That's the reason EB2 I and EB C are having same cutoff dates and all EB3 is U. DOS took away the advantage of ROW and gave it to oldest PD in the category.

    With this new interpretation EB3 I dates can make rapid progress and I fail to understand why EB3-I is upset about this.




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  • gimme_GC2006
    03-23 01:54 PM
    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:




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  • alias
    04-07 03:14 PM
    Who extensively opposes this bill (besides VI) will ultimately decide whether or not this bill will be enacted. I don't see anyone besides the consulting community/companies lined up. I would imagine Lou Dobbs likes and every American would like to see this bill passed. Companies like Microsoft, Google, Intel, IEEE etc. will benefit from this bill, as they can hire talent with easy, as they don't have to compete with companies like TCS, Infosys, Wipro and all other big/small body shopping companies for H1B cap. I guess we simply have to wait and watch to see what happens next.




    reddog
    07-14 03:33 PM
    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.



    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.




    GCKaMaara
    01-07 10:21 AM
    Refugee_New,

    Is this true? Are you just visiting forum just for this and not for your immigration at all? If so, its really bad.



    Refugee_New already got the GC. I have read his some previous posts too and after that I doubt his commitment for the IV goals.

    People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.



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