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Thursday, July 7, 2011

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  • lfwf
    08-06 02:50 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    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 have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

    1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

    2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

    And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

    3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

    I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.





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  • dixie
    07-16 12:38 PM
    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    Exactly.Anti-H1B sites are only looking for propaganda material. You think they will start loving us if all body-shops are eliminated ? People like Norm matloff and programmers guild oppose all H1-B period.Whether it is from well known MNCs or your so-called "body shops". These are usually the same folks whining against outsourcing, free trade, the fact that everyone else is catching up .. about the world in general. Stop wasting time convincing these loosers.They are neither representative of the american public at large nor are the body shops representative of our community. If you think body shoppers are the only folks who hire H1-Bs, read about all the press articles in the "IV in the news" section and please let me know how many body-shop employees were mentioned there. We KNOW we make a contribution to this country; industry knows it too. We dont need to apologise to people like PG,lou dobbs and co for supposedly "eating their lunch".

    As for pushing for H1-B reform, there is absolutely no gaurantee there will be any accompaying GC reform. Remember AC21 ? it tripled the number of H1-Bs with no increase in GCs ... the result is the current mess. Why did it happen ? because there was no one pushing for GC reform.





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  • Macaca
    05-14 06:24 PM
    An Increasing Population is a Good Thing. So is Immigration. (http://www.spectator.co.uk/alexmassie/6941654/an-increasing-population-is-a-good-thing-so-is-immigration.thtml) By ALEX MASSIEFRIDAY | Spectator

    Plenty of folk seem to think otherwise. Including George Bridges who has written a very curious post for the Motherblog in which he seems most perturbed by the prospect of this happy isle's population increasing. He even suggests he's not doing his bit since Mrs Bridges is expecting their third child, presumably furthering the onrushing demographic apocalypse.

    Piffle. Good for Mrs Bridges and her fecund husband. Congratulations to them. May they produce this and many more little Bridges. A rising population is a feature of a healthy society, not the beginning of the end for this sceptered land. Of course an increasing population puts pressure on any number of public facilities and services, from transport to schools to housing to hospitals. But so what? It's also a motor for future economic growth which will - hurrah! - provide for all of this. Excess capacity caused by an absence of demand is, as many a rural parish will tell you, a much more grievous problem than having too many people. There is no need for this "for we are too many" Jude the Obscure stuff. There really isn't.

    Mr Bridges concludes, darkly:

    Cameron, Theresa May and Damian Green have made a good start at controlling immigration. But that�s just a start. More needs to be done to educate the public about the challenge. We need some radical thinking about how we solve it; and we must ask ourselves whether a state that was largely constructed to cope with 50 million people can meet the challenges of 70 million people?

    Really? The logic of this position leads us to China's one-child policy. Is that really what those obsessed with population figures want to see? If not, perhaps they can tell us what the optimal UK population figure might be and how they propose to "cap" the number of people living in this country at that number?

    OK, let us suppose that, ill-advisedly, the government reduces immigration to "zero". What then? Do you, as I say, limit the number of children people may have? Or do you pay people to emigrate so the population remains beneath your arbitrarily-decided "ideal" figure? Would that be enough? Probably not! There could be back-street, clandestine babies born every day!

    Seriously, do these people think a falling population would be a good thing? Perhaps they do. Population decline is rarely the sign of a healthy society. Rarely? Never seems more probable. Factor in the reality that the existing population is increasingly elderly and it becomes clear, surely, that Britain will need more people. The alternative is fewer and fewer workers providing for more and more pensioners and, by doing so, ensuring that their own futures are bleaker than they need be. Suggesting that population growth is so very dangerous is, essentially, to demand much higher taxes on today's teenagers and their future. What's just about that?

    So it's good that Mr and Mrs Bridges are spawning again. But their efforts, no matter how heroic, will not be enough. Which is another reason why immigration is a good thing not the beginning of the end. We need more people so we can cope with the costs of an increasingly wrinkly population.

    This is the self-interested justification for more immigration (since not everyone is as selfless as the Bridges when it comes to healthy birth-rates) though of course there are many other, more altruistic and even noble grounds for welcoming a come-all-ye approach to these matters. To be born or live in Britain is to have access to opportunities and riches that are the stuff of dreams for most of the world's population. We should allow more people from other lands to have those chances.

    That will be good for them and it will be necessary - and good - for us too. Sure, there are problems and strains and pressures associated with immigration and population growth but they're not nearly so terrifying as the prospect of a geriatric and closed society working its few remaining young people to the bone with little to no regard for the future well-being of the people supporting the oldies. Those obsessed by population figures should be asked what they consider to be the ideal worker:retiree ratio.

    Again, and really it cannot be stressed enough, in the developed world a growing population is a mark of success, not failure.

    Still, if you do think there's an imminent population crisis, there is one more option available to you: compulsory euthanasia ten years after you pass the point of average life expectancy. This seems a modest enough proposal, don't you think?


    Obama�s wise investment: Making life easier for 'illegals' (http://www.theglobeandmail.com/news/opinions/opinion/obamas-wise-investment-making-life-easier-for-illegals/article2021683/) By DOUG SAUNDERS | Globe and Mail
    Obama playing games with immigration (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html) By Ruben Navarrette | CNN
    Gutless politicians are broken, not the immigration system (http://washingtonexaminer.com/opinion/columnists/2011/05/gutless-politicians-are-broken-not-immigration-system) By Greg Kane | Examiner
    The Muslim-American: reclaiming my identity (http://search.japantimes.co.jp/cgi-bin/eo20110514a1.html) By ARSHAD CHOWDHURY | The Japan Times





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  • arsh007
    01-27 10:50 PM
    Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


    (http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)

    http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv



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  • Beemar
    01-01 03:25 PM
    Oops!! Scratch that. Apparently these are old links. Some going back to 90's! Actually our country is threatening war for so many years that the links become all mixed up. It is embarrassing to see our country warnign pakistan with dire consequences for almost 20 years now, without dropping even a small firecracker in pakistani territory. Indian govt should at least threaten google to block all these stale links, or it should threaten google with surgical strikes :)


    Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.


    India Set to Launch 'Small War'
    http://www.commondreams.org/headlines02/0531-01.htm

    Delhi ups its war rhetoric
    http://www.atimes.com/ind-pak/BA27Df01.html

    US fears India may attack militant training camps in PoK
    http://www.expressindia.com/news/fullstory.php?newsid=10507

    India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
    http://www.highbeam.com/doc/1P2-588205.html

    Bush appeals to India, Pakistan to `draw back from war'
    http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM


    India, Pakistan shoot, talk of war
    http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM





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  • rsdang
    08-29 11:00 AM
    A guy calls his buddy, the horse rancher, and says he's sending a friend over to look at a horse.

    His buddy asks, "How will I recognize him?"

    "That's easy; he's a midget with a speech impediment."

    So, the midget shows up, and the guy asks him if he's looking for a male or female horse.
    "A female horth."

    So he shows him a prized filly.

    "Nith lookin horth. Can I thee her eyeth"?

    So the guy picks up the midget and he gives the horse's eyes the once over.

    "Nith eyeth, can I thee her earzth"?

    So he picks the little fella up again, and shows him the horse's ears.

    "Nith earzth, can I see her mouf"?

    The rancher is getting pretty ticked off by this point, but he picks him up again and shows him the horse's mouth.

    "Nice mouf, can I see her twat"?

    Totally mad as fire at this point, the rancher grabs him under his arms and rams the midget's head as far as he can up the horse's fanny, pulls him out and slams him on the ground.

    The midget gets up, sputtering and coughing.
    "Perhapth I should rephrase that.
    Can I thee her wun awound a widdlebit"?



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  • ohpdfeb2003
    06-27 11:11 AM
    hpandey,

    Excellent points!

    Hirala/puddonhead,

    You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.

    I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!

    EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!

    Its not logical to think of rent as money flushed down the toilet. It is the money you pay for a service aka for a service that provides shelter without any maintanance involved.

    Is the money that you are paying as interest for mortgage money flushed down the toilet???:rolleyes:

    Taxdeduction is overrated, remember everyone gets a standard deduction, so even if you
    dont have mortgage you get a break.





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  • nogc_noproblem
    08-06 11:50 AM
    ..



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  • nogc_noproblem
    08-07 01:05 PM
    If you can figure out what these words have in common...

    ...., you are a lot smarter than I am. And no, it isn't 6 letters in each word; you need a little more moxey than that.

    Banana
    Dresser
    Grammar
    Potato
    Revive
    Uneven
    Assess

    Are you peeking or have you already given up? Give it another try.... You'll kick yourself when you discover the answer.


    Go back and look at them again; think hard. OK... Here you go. Hope you didn't cheat.



    Answer: In all of the words listed, if you take the first letter, place it at the end of the word, and then spell the word backwards, it will be the same word.





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  • qplearn
    11-14 10:09 PM
    As far as I know, almost every telecast of his has some representative of FAIR, numbersUSA or some other crony organisation like the programmers guild as his guest. And he presents their "research" as if they are winners of the nobel prize in economics.

    And who told you SKIL is killed and numbersUSA killed it ? In fact they are quaking in their boots at the thought of congress passing some large scale immigration relief measure like SKIL during the lame duck session. Take a look at their site for the latest "action item". Sad part is many of their friends in congress have either lost their job or are licking their wounds.

    The SKIL was actually killed last time in the house, and Lou was/is a big friend of theirs. Lou has given them more publicity than anyone would ever have, and they used it to contact house members.

    And I did not mean that SKIL is killed for good obviously. If they've lost most friends our SKIL bill should sail in the lame duck session, and I don't have any problems with that :) Let's see what happens ....



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  • bhatt
    06-07 02:03 PM
    I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

    When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

    After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

    So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.

    Exactly, The realtors and the banks are too the beneficiaries for the 8k, not the buyers.
    So don't buy the house for the sake of 8k. and Don't buy the home as an investment!





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  • krishna.ahd
    01-06 04:14 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is elected CM by people of Gujarat , also third time in a row, so you know now what people of Gujarat wants.



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  • SunnySurya
    08-05 04:08 PM
    You seem to be a rational person. You points are compelling and thats why we need to take some legal opinion on it.
    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002





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  • nogc_noproblem
    08-22 02:55 PM
    A woman and her little girl were visiting the grave of the little girl's grandmother.
    On their way through the cemetery back to the car, the little girl asked, "Mommy, do they ever bury two people in the same grave?"

    "Of course not, dear." replied the mother, "Why would you think that?"

    "The tombstone back there said 'Here lies a lawyer and an honest man."



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  • bfadlia
    01-09 06:15 PM
    The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.

    a common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
    how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses





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  • NKR
    07-14 09:48 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy.

    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn�t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let�s just prove him wrong.



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  • gc_aspirant_prasad
    09-26 08:47 AM
    I know it may be for the greater good to see Prez Obama in the white house.
    However, I am fairly confident that the condition of Employment Based immigrants - people facing years & years of retrogression will be a sorry one.
    As much as I would love to be part of this American experiment, I have to think of stability.
    Under Prez Obama if Sen Durbin & his friends revive CIR 2007 type discussions it is end of the road for folks like me waiting for over 5 years for the US GC.
    It would be wise to move to Canada or Australia / New Zealand for most of the EB folks where we can have the stability and freedom to be all that we can be and do all that we can do.
    I have exercised my personal preference for the Big White North & have already applied for the Permanent Residence in Canada. I am also in talks with angel investors in Ottawa such that I can incorporate & start a product development outfit up there.





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  • sanju
    04-08 09:07 AM
    of course not....
    The provision defeats the purpose of whole whistle blower clause...

    Oh ok. Sorry, I was not sure about the message of your earlier post.

    And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.





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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.





    SunnySurya
    08-06 08:51 AM
    Rolling_Flood,
    If you are willing to take action, I am with you. Don't worry about what other people are saying, it does not matter. A man got to do what he got to do.
    Let us start with taking some legal opinions. I am willing to share the cost.
    I also beleive (and firmly so) that the PD porting among categories should not be allowed.
    I am sending you my phone number in PM. Call me when you are ready and we can discuss more. Alternatively, give me your phone number as I definitly want to follow through.
    Thanks
    Sunny
    teri life mein koi accomplishment nahi hai to gussa kyun ho raha hai??!!

    haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........

    saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....

    take care, BUDDY!





    americandesi
    04-15 06:37 PM
    3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.



    It's definetly not worth it. Here's an artice on one such riches to rags story.

    http://www.cnn.com/2008/LIVING/personal/03/27/foodbank.family/

    As per the article "She has had to take extreme measures to pay for her interest-only mortgage of $2,500 a month"



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