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  • Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

    Hi kutra,

    Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".

    What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.

    Here is my take on this EB1, EB2 and EB3.

    Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.

    By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.

    If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.

    Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.


    I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.





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  • You certainly made yourself very clear. You are the most logical person , I have ever come accross. :p
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)





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  • Having said that, dont forget to chose a lawyer who is noted to fight cases that are tough. Contact many lawyers including the murthy, rajeeve khanna etc etc. Evaluate what each of them say. Some will offer advice only after an initial siging of legal contract and paying the consultation fee, there are others who do the initial evaluation free of cost. Hope somebody in this forum with experience gives out the names of good lawyers for you in time.





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  • Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.

    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.





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  • I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

    I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

    Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.





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  • Cool down.....

    I am not saying Infy and others are doing it right. If US asking more explanation that is fine with me, they should have used their brain before approving cases, not after. My point is consulting is not new to H1, even so called big company also do that via "permanent job".

    All big companies including google,, yahoo, msft use tons of h1b consultants from Infy etc....

    So if Infy gets affected, literally these firms get affected.

    It is all a power game, where the fittest will survive. it may only be the weaker and smaller firrms that will find it difficult to adapt to such situations.





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  • Long-Prized Tech Visas Lose Cachet (http://online.wsj.com/article/SB10001424052748704810504576307342275841586.html) By MIRIAM JORDAN | Wall Street Journal

    A visa program designed to supply skilled foreign workers to companies in the U.S. has slowed sharply, attracting about 50% fewer petitions so far this year than last year, and 80% fewer than in 2009.

    Several factors have contributed to the decline in H-1B visas, including the lackluster pace of the U.S. recovery, more opportunities for skilled workers in their home nations and higher visa fees, which appear to have spurred Indian companies operating in the U.S. to seek fewer visas. Attacks on the program by congressional foes of U.S. immigration policies have also cast a shadow over it.

    U.S. Citizenship and Immigration Services told The Wall Street Journal this week that it received about 8,000 H-1B petitions from businesses in April, the first month the agency accepts them for the fiscal year beginning Oct. 1. That compares with 16,500 petitions in April 2010 and about 45,000 in April 2009, according to USCIS.

    "It's baffling that H-1Bs aren't picking up if the economy is stronger," said Steve Miller, a Seattle attorney who prepares petitions for employers in high tech, retail and other sectors.

    For years, the H-1B program was a mainstay for software companies, architecture firms and other businesses that seek foreign nationals to fill certain jobs. Demand for the visas by companies outstripped supply, and companies such as Microsoft Corp. lobbied the U.S. government to raise the cap on the number of visas.

    In 2008, employers snapped up all 65,000 visas allotted on the first day, April 1. But starting in 2009, after the financial crisis hit, the flow of applications has steadily diminished.

    The program, which enables foreigners to work in the U.S. for three to six years, was created as part of the Immigration and Nationality Act of 1990 to help U.S. companies overcome a shortage of workers in specialty occupations, such as computer programming. Recently, the program has been attacked by lawmakers who say it displaces American workers and depresses wages.

    Supporters and opponents made their cases at a congressional hearing held March 31, the day before the federal government began accepting H-1B applications.

    At the House Subcommittee on Immigration, a critic of the program, Ronil Hira, highlighted that Indian companies operating in the U.S., such as Infosys, Tata and Wipro, are among the biggest H-1B users, and that they're bringing in foreigners with ordinary skills.

    In an interview, Mr. Hira, a professor of public policy at Rochester Institute of Technology, said that "because of loopholes, employers can bring in cheaper foreign workers to substitute for American workers and undercut their wages."

    His research indicates only about a third of all H-1B visa holders are "really highly skilled or graduates of U.S. universities who would be eventually sponsored for green cards," or permanent U.S. residency, by their employers. Employers have said that the program enables them to tap top talent, whom they seek to hire permanently down the road.

    Supporters of the program, including high-tech firms and industry groups, say it attracts foreign talent that spawns innovation and creates jobs in the U.S. They cite former H-1B holders such as Vinod Khosla, co-founder of Sun Microsystems, and Vinod Dham, an engineer behind Intel Corp.'s Pentium chip, as proof of its value.

    Vivek Wadhwa, a visiting scholar at the University of California at Berkeley who studies immigrant entrepreneurs, said that an anti-immigrant climate had made it "a liability to hire H-1Bs," and that this will gradually chip away at U.S. global competitiveness, because the country has a dearth of homegrown engineers and scientists.

    Moreover, Mr. Wadhwa said that foreign nationals who obtain U.S. degrees were more likely than ever to return home. "Ten to 15 years ago, by default, you'd want to be in America, because you had more opportunities. Now, you can do much, much better at home," he said.

    In a survey of more than 250 Indian and Chinese entrepreneurs published last month, Mr. Wadhwa and co-researcher AnnaLee Saxenian, also of Berkeley, found that the majority of those who returned to their native countries believed they were faring better overall than they would have in the U.S.

    Nutan Kunduri, a software engineer who stayed in the U.S. on an H-1B visa after completing her studies, said she decided to accept a job offer in India less than a year into working in Silicon Valley.

    "Ten years back, I had this 'nothing will change in our country' attitude," she said. A recent visit to India made her realize that "for an IT professional like me, India is the place to be, with its booming tech industry."

    Abhinav Tripati, a software engineer with a U.S. company in Boston, also plans to return to India, where salaries are slightly lower but the cost of living is significantly cheaper. "I see my friends back home enjoying most of the comforts of Western life," he said, with the added bonus of being close to friends and aging parents. "We can't often bring our parents to the U.S., as it's getting difficult to obtain visas for them," he said.

    Some immigration attorneys believe companies are taking their time to file H-1B petitions because the 65,000 quota is unlikely to be exhausted soon. The cost and bureaucracy of applying is another deterrent. Last year, Congress passed a law that adds an additional fee of $2,000 for certain H-1B petitions that had cost $325. All told, lawyers' fees, filing fees and other expenses can reach $9,000 a applicant.

    "HR people are aware there's no rush on H-1Bs," said Julie Pearl, an immigration lawyer in San Francisco.





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  • see below

    I dont know whom you are responding to but...

    Then check. Context is everything sometimes.

    So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.

    There was no point, I said I did not believe it. I was showing the original poster that using a large black brush to tar a whole group of people is offensive and inappropriate. At least read my whole post before responding. I see I hit a nerve though. So it's ok for you t claim that EB2 means nothing and is ill gotten but not ok for me to talk about EB3?

    Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.

    Bull crap. Don't make me open my mouth anout labor my friens. best we don't open this up.


    Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.

    I'm not in IT. the more I hear IT folks go at each other, the less I think of the field frankly. And yes, i do not know about you but I met several people who came in the tech boom, whose jobs a monkey could do. Sorry, just the truth.





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  • If you are that kind of person who was out of job and not got paid in bench, then go back to your country and don't go against law and get a bad name for all of us who are here legally on everyday for for last 7 -8 years and trying to get GC legally. There are many companies out there who want us in top positions. Just because of GC or EAD it is stalling. If you pay your attorny fee or H1B fee that is your status and do not attribute it to everyone. My company of 54 strength has 15-20 H1Bs and company runs on these individuals. Its been like that from 7 years. Companies hires people and concentrates on product because of the great billing rate H1B's get and because of the great work we do for clients, clients are ready to pay higher $ per hour. Give me your company name and we will make sure to destroy all these chota mota companies who make employees pay H1b fees and do not pay in bench. One fine day, it will anyway happen. In this country, no one can escape long not abiding law.

    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D





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  • if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.



    Thankyou Paskal.Nothing more .I stop here no more unwanted useless arguments.





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  • Rolling Flood,

    Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.

    Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?

    There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.

    Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.

    I challenge you to disclose
    YOUR REAL NAME
    YOUR CASE NUMBER
    YOUR EMPLOYER'S NAME
    YOUR EB2 JOB DESCRIPTION
    so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.





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  • In Mumbai, a Place to Showcase an Art Collection (http://www.nytimes.com/2010/12/30/greathomesanddestinations/30gh-location.html) By AMANA FONTANELLA-KHAN | New York Times

    At Ashiesh Shah’s housewarming party in November, amid clinking champagne flutes, one of his friends joked that his apartment is actually an art gallery in disguise. Looking at the sculpture of a two-foot-long baby made of material from a spinnaker by the Canadian artist Max Streicher suspended above the staircase, any guest to his home might agree.

    Mr. Shah, 32, began collecting art in his 20s when he was still getting his start as an architect. Now he designs interiors for many of the city’s Bollywood actors. But up until last year, he had never had his own space to design. He was living with his parents in an apartment on Mumbai’s scenic Marine Drive.

    It was struggle to find the right space to showcase his art collection in a dense city with soaring real estate prices. “My art is not only two dimensional, it also takes up floor space and in a city like Mumbai, floor space can be just as expensive as art,” Mr. Shah said.

    He looked at more than 40 apartments over seven months, before settling on the one he bought in October 2009, a dark apartment subdivided into several small, boxy rooms in a five-story concrete structure built in the 1960s.

    The 1,075-square-foot apartment was nearly 41 million rupees (about $900,000 at 45 rupees to the dollar) average for an apartment on Peddar Road, a busy arterial in south Mumbai in the affluent Altamount neighborhood. His neighbors include some of his clients, as well as Mukesh Ambani, a business magnate who built a $1 billion 27-story building home, and industrialists like Kumar Mangalam Birla, the chairman of the Aditya Birla Group.

    It took over a year and around 5 million rupees ($110,000) to convert the space from a two-bedroom cramped duplex to an airy one-bedroom studio. Knocking down a total of nine walls, Mr. Sha said, “gave me freedom to place art pieces in a fluid, open space.”

    Still, it wasn’t enough square footage to showcase all of his collection at the same time. As a result, he created a small storage room for pieces not on display, which he rotates into the apartment about every six months. “It means that the art never gets static,” he said.

    But with limited space were opportunities for functional pieces to have artistic elements, as is the case for his staircase. Mr. Shah had initially planned to turn the steps — carved from a solid cube of white Indian marble — into drawers for additional storage, but they were too small. He converted them into what he calls “curious steps” instead. “I am planning to give them out to artists in the future to make commissioned miniature art for them,” he said.

    Other features, such as a partition panel that pulls out from a wall in the living room, have dual functionality, serving as a projection screen for video art and creating a sectioned-off viewing area.

    White epoxy flooring — “Which took three tries to get right,” he says — and white walls on the main floor help create an illusion of greater perceived space, as well as a neutral background for his art collection.

    Mr. Shah also added whimsical elements to “give the flat an element of play,” he said. In the guest bathroom, a light projector positioned above the sink creates pronounced shadows on the walls when people wash their hands. “Guests end up spending those five seconds more in the bathroom and think, ‘That was fun,’ ” Mr. Shah said. He placed a sculpture of obstetric forceps by the Indian artist Anita Dube next to the floating baby that hangs above his stairs.

    Pointing to an antique couch, which he upholstered using a vintage Rajasthani carpet, Mr. Shah said that he made sure the red design motif in the center of the carpet was positioned to resemble a pair of lips.

    “Did you notice that?” he asked. “I did that because this is my gossip couch.”



    Taking on the world (http://timesofindia.indiatimes.com/home/opinion/edit-page/Taking-on-the-world/articleshow/7192176.cms) Times of India Editorial
    Delhi plans Tate Modern-style gallery in old power station
    Ambitious project in Indian capital involves dismantling parts of the Indraprastha power plant beside banks of Yamuna river (http://www.guardian.co.uk/world/2010/dec/28/india-delhi-power-plant-project)
    By Jason Burke
    Delhi to build its own Tate Modern on banks of Yamuna (http://www.telegraph.co.uk/culture/art/art-news/8228523/Delhi-to-build-its-own-Tate-Modern-on-banks-of-Yamuna.html) By Barney Henderson | Daily Telegraph
    Indian Citibank 'fraudster' arrested (http://www.bbc.co.uk/news/world-south-asia-12092058) BBC





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  • As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that





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  • I too will post something funny :)

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  • Somebody give me idiotic comment in my reference about Sadam. It is true that during the Kuwait invation, Iraqi army is supported by palastine people in kuwait. they also sided with them in lootting the country. After the war Kuwaitis driven out 5 lakh palastines from there. Now not more than 10 thousand palastines in kuwait. So these people are traitors. You can ask anybody worked in Kuwait during that time. As I said before, I have been in Kuwait 10 years ago and talked with many people. So not much sympathy for Palastines from Kuwait. No body like them. So they are making just crocrodile tears for them. No action from Arabs. Only retarded Indian or paki think about them.





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  • I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is losing talent by not giving us GCs in a timely manner.
    let me give my views as to why Mark and others are missing the main point that I am trying to make. agreed using this as the main point may not work ..but this has to be a very important point. at the back of their mind - the policy makers know that some talent will definitely leave but lot will stay back (and they will keep paying USCIS money). even if people go back to India or China ..who will employ them ..it is the same MNC / big US corporations ..
    (so they know some talent will leak away ..but majority will stay back ..you just need to know the quota system / political system in India and china ..and automatically you will know that the talented guys will do everything to prevent their children from going through that ..)
    the second point is for the admin fix (which I guess can be done by president without congress approval) ..in every poll ..the President has a low ranking ..the last thing that he needs is to be blamed for this recession too ..
    so during their meetings if DHS or others were to suggest that more immigrants would buy more stuff here (rather than buying houses in India / china) ..if they were more sure of their status ..the admin fix would have greater chance of success ..





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  • Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"

    There are two service centers that process h-1b's. California and vermont.

    Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.

    If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.

    California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.

    Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.





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  • You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
    How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.

    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).

    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.

    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.





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  • 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.


    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.





    is there a website/magazine where i can get list of foreclosed properties?





    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.

    The more and more I visit this thread, I am feeling I should have went with Attorney.

    So I will stay away until I further hear from AO :confused:

    Thanks to all of you who wished me



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