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  • If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.

    Your supply and demand theory for EB3 I could be true.

    They will not give 30K EB2 visas to IN & CH in upfront. They will issue only 7% in first 3 quarter of FY. They release the unused EB2-ROW numbers and unused EB1 numbers to EB2 I ndiaand China in last 3 months of the FY, to avoid the wastage. Thats why it has jumped by 2 years.





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  • I am not Ronald Regan but I am compelled to say, " There you go again...."



    Why are you consistently discussing about H-1B caps. Green card delays are not because of H-1B quota, I am sure you know this. H-1B caps have nothing to do who applied for the H-1s, whether those were consulting companies in US or a company in Japan. You are just saying it consistently in all your posts because you don�t like more people coming here after you are on path to green cards. In all your posts, you have this mid set where the door closes right behind you and more people should not be allowed on H-1. I am sure you qualify to be the member of IEEE-USA. Please Google search for their membership form. Just because the name of the organization is �Institute of Electrical and Electronics Engineers� doesn�t mean that every thing on their agenda is kosher.



    This shows that you have no clue about the reality. You have looked at the IEEE website and formulated the opinion about the nice people at IEEE-USA, who are working overtime for you to get your green card. This is what you think, right? Well! My friend we live in a very strange world in which political organization (like IEEE) show stuff on their website just so that they don�t appear to be outright anti-immigrants.
    Also, I do think that anybody who do not want to pick up their ass to find a job and rather chose to whine about someone else taking away the job is lazy and for sure undeserving. They are interested to put restrictions on H-1B because they want to eliminate their competition. Every community/group, big or small, have their opponents and enemies just because of the sheer nature of the competition for resource with other groups/communities. H-1B community now forms substantially large group of people. It is natural that orgs like IEEE-USA will be a natural opponent of H-1B community because there is a competition. Now, most members of IEEE-USA are older and middle aged folks, who are not able to compete with good quality engineers from other parts of the world. The folks on H-1 are young, dynamic and fast learners. IEEE-USA folks cannot compete with this group and so they are working to eliminate competition from H-1B folks by other means. Sometimes they call H-1Bs as indentured servants, sometimes promoting outsourcing, sometimes taking away their jobs and sometime depressing wages. They throw out all sorts of rationale to hurt H-1B community. And some idiots on this and other forums have not clue of the bigger picture and are hell bent on screwing the so called �body shoppers� as if it is ok to work at the client site to do the same job at the same amount if you are employees of KPMG or Accenture or Bearing Point. But it is not ok to do the same thing if you are an employee of TCS, INFY or SIFY etc. If this is not discrimination, then tell me what is????? I sincerely do want to understand your view and please consider me to be totally ignorant person who is here to learn from you. I sincerely mean it.



    So you do think that anything associated with the word �IEEE� is gospel. Let me share with you my friend that IEEE and IEEE-USA are totally different organizations. Just like any other organization in the world, IEEE-USA is working to address the issues of their members only. IEEE-USA is working to fix the issues of their members who live in USA ONLY. It has no clue and no desire and no objective to look at any of your issues, no matter what they are. We all acknowledge that are problems with the H-1B program but the question is, Is Durbin-Grassley approach the real solution to the problem? Congress did not address anything associated with H-1B visa for last 6-7 years. If you write to lawmakers they only understand only thing about the word �H-1B� and that is increase in H-1B� that�s it. Now every system in the world needs tweaking from time to time and this has not happened with H-1B program for a very long time. Either way, throwing out people waiting for green cards for 6-7 years is not the solution, putting in restrictions to undermine the entire H-1B program (because they know they will not have enough votes to reduce the visa numbers or eliminate the program) is not the solution, �investigating� companies when they hire someone on H-1B as if hiring someone on H-1B is a crime is not the solution, singling out companies from one country because the guy driving IEEE-USA (Ron Hira) doesn�t want more people to come from India because he hates his heritage � is not the solution. Yes there are problems, but Durbin-Grassley bill is not the solution.



    Who needs enemies if we have friends like you? I mean why do you want hard working people to unnecessary go through more problems before getting their green cards, as if the existing problems for us are not enough. You simple want to make the system difficult to test human endurance? You know what, we can do this, how about all the stringent conditions of Durbin-Grassley bill will apply ONLY on you and we are all sure that the �HIGH-SKILLED� that you are, you will pass all the �tests� with flying colors. For rest all the others, please consider us lowly skilled and please set a bar lower to the extent that is humanly achievable, we are not �highly-skilled� super-humans like yourself.



    Yes, you have not yet clearly said that �I support banning all H-1Bs�, not in those words, not yet. But reading your posts, it is apparent that you are headed there, as soon as you get your green card. As I said earlier, form now on, just think that all the Durbin-Grassley conditions apply on you and live your life as per the standard set by Durbin-Grassley. For the rest of us, please have mercy on us.


    Well said.





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  • Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.

    My pay stub still has SSN.

    Its always good to keep all the paystubs / w2/ tax returns / employment verifications letter / what ever other evidences you have.. especially employment based GC applicants





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  • Ss it really "Rent Apartment vs Buy House" ?
    How about renting a home to provide something good to your family?

    With the home values declining I think it makes way more sense to rent the same house (at least in the area I live). If your mortgage payment is only $500 above apartment rent I would say buy. But if you are looking at paying double as mortgage I think its really inflated.

    I would like to read more about buying foreclosed properties. I hear there are some good deals out there :D


    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.





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  • Please don't advocate war.
    If India can defeat the entire British Empire without firing a weapon, I can't believe that there isn't an ingenuitive solution to this mess. I can't believe that Indians and Pakistanis can't be the ones to solve it without weapons, especially nuclear ones.

    Nuclear weapons technology is old. Soon every country (and undergraduate engineering student) will posses the knowledge to build them. Yet if we continue to handle disputes in the same way that was bred into us when our people hunted on some African plane, it will be the end of all of us.

    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)





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  • ok..lets see how it goes.

    I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D

    Just came from the Post office..sent all documents they asked for including Resume.

    I dont know if my employer responded..I called them but they didn't respond..typical..huh

    Lets see how it goes..

    Should something bad happen (Which I dont understand why it would), you will see me in
    "Alberta Welcomes H1b" thread.. :D:D:D

    Good to see that you're still in high spirits.

    Hope everything goes well, good luck.





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  • .





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  • Dear unitednations,

    If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!

    Good to see you here...please stay on !!

    Best.

    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

    --------------------------------------------------------------

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.





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  • I do support Obama reason for that he got good plans to rescue this economy .He also understand how it feels when you treated differently .Another thought I have is, his father was came to this country for higher study and he understands What is American dream.
    That is how i feel he will do better on our cause than his opponent.





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  • a very nice video. Shows unity in a very nice perspective..

    http://www.vimeo.com/1211060

    The song is a Bengali poem written by Rabindranath Tagore.





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  • I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    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.

    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!





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  • With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.





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  • ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)

    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.





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  • Refugee_New,

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

    Thanks,

    Administrator2





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  • I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.

    Last time I looked Sen. Durbin was not anti immigrant nor was he Republican. He is a co-sponsor of this bill isn't he?

    The fact is there is abuse of the H1b program currently and it is need of modification before even fair minded people agree on an expansion (Which also I feel is needed).

    In the end we are likely to see both these things happen together, whenever it does happen, ie a fix to the program as well as an expansion of it.





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  • http://www.cnn.com/2006/US/05/23/dobbs.may24/index.html?section=cnn_topstories


    This is an excerpt from the above article.

    "Illegal aliens are more important to this Congress than securing our borders and our ports, more important than those legal immigrants who have waited in line and who follow the law. The Senate has added to the litany of lunacy that makes up what it calls reform: Illegal aliens would only have to pay back taxes on three of the past five years, they will not be prosecuted for felonies such as identity theft or purchasing or using fraudulent Social Security cards, and unlike millions of visa holders who have to leave the country to have them renewed, they may simply remain in the United States while this Congress and this president give away all the benefits and privileges of American citizenship."





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  • That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!

    And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?

    Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?





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  • Would you share what calculator are you using.

    I used one here:
    Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)

    Loan Amount: 600K (Note much less than million dollars)
    Period: 30 years fixed
    Interest Rate: 5% (On the lower side using historical averages)
    Monthly Payment: 3220.93

    Total Interest Paid across 30 years: 559,534.71

    In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.

    Am i missing something here ?



    Yes its not clear cut but lets replace your X, Y and others with numbers

    Suppose your rent is 1500$ a month

    You pay 540,000 $ in 30 years

    so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )





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  • After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.

    I have been in the United States for 9 years - LEGALLY. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. My kids are American Citizens. I pay taxes and contribute to the American economy. We even bought a house here in the hope that we can settle down in America. Me and my husband hold executive level positions in major multinationals. Here is the absolute kicker - I work in Satellite Telecommunications and my company supports the United States Government (DoD) and its contractors/ sub contractors in Iraq and Afghanistan!!

    We wanted Democrats to win...but guess what - the failed CIR 2007 woke us up to the fact that Sen. Durbin will never make it easy for us EB immigrants. His hostility towards this community forced us to secure the Canadian PR. We have a little bit more time to decide when we want to move there before our PR expires. If things don't take a turn for the better on the Immigration front, we will move to Canada. I just dread having to sell the house here though!!

    Till date, I only see Durbin driving immigration - and it is definitely against teh EB community. My question to Sen.Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???





    Legal base employment candidates never had any representation as far as I know of until Immigration voice was formed. The other groups had some organized activity.

    From some of the postings I have seen from IV Core; I believe they know what they are doing. They seem to be getting right advice of when to go on offensive and when to be defensive.

    It is difficult for candidates/people who only have five to six years of history in this country to know how the system works here; ie., what arguments work and what arguments don't and what other side will do in ruining your credibility if they are pushed.

    Everyone wants their greencard and they try to find reasons which they think others will appreciate (whether they have much merit or not).

    Completely agreed.





    San Francisco's Democrat (http://online.wsj.com/article/SB120303714722970265.html?mod=opinion_main_review_ and_outlooks) WSJ Editorial, Feb 15

    Speaker Nancy Pelosi and House Democrats appear to have decided that November's election is a distraction from their effort to simply pull the plug on a sitting President. How else to explain what is happening in the House this week?

    Democrats voted yesterday, for the first time in decades, to hold two White House officials in contempt of Congress. Hours later it emerged that Ms. Pelosi has apparently decided not to vote on the warrantless wiretap bill passed by the Senate days ago. This means that the Protect America Act -- which conferred Congressional support to wiretapping suspected al Qaeda terrorists -- will expire at midnight today.

    We admit to wondering earlier this week whether Congress's interrogating Roger Clemens was the best use of the Representatives' time. On the evidence, the country will be safer if the House takes up tilting at windmills.

    Speaker Pelosi says that letting the Protect America Act evaporate is no big deal. But the Director of National Intelligence told Congress last summer that the Administration lost two-thirds of its terrorist-surveillance capacity after it agreed to go to the Foreign Intelligence Surveillance Court and a judge there required a finding of probable cause to listen in on terrorists abroad.

    There are in fact enough Blue Dog Democratic votes in the House to pass the Senate bill, which had Democratic support there as well. But Ms. Pelosi instructed House Intelligence Committee Chairman Sylvester Reyes to begin negotiations with the Senate on a compromise bill. This effectively tosses the entire surveillance program into a kind of limbo, with all players uncertain about its practical authority.

    This was of a piece with the remarkable contempt vote against White House Chief of Staff Josh Bolten and former Counsel Harriet Miers, which passed 223 to 32, as Minority Leader John Boehner led the Republican delegation out of the chamber. The pretext for this historic moment? The fight over the fired U.S. Attorneys. Remember that?

    This is the scandal that vanished because there was nothing to it. U.S. Attorneys are political appointees who serve at the pleasure of the President; he can fire any -- or even all -- of them if he sees fit. This nonscandal seemed to fade into the mists after it hastened the departure of Attorney General Alberto Gonzales. Ms. Pelosi asserts that this virtually never-used contempt vote is necessary to ensure "oversight" of the executive.

    Mr. Bolten and Ms. Miers, however, refused under orders from the President and on the advice of the Solicitor General, on the principle that the President's advisers should be free to give advice to the President without being called before Congress to explain themselves. Democratic Presidents to the horizon have made this claim.

    Every time he speaks, Barack Obama promises to overcome "bitter partisanship and petty bickering." Good luck with that. The House Speaker from San Francisco is obviously running her own campaign to gain control of the White House. The needs of the party's Presidential candidates appear to be a distraction from this.


    The House Strikes Back (http://www.washingtonpost.com/wp-dyn/content/blog/2008/02/15/BL2008021502107.html?hpid=opinionsbox1) By Dan Froomkin | washingtonpost.com, Feb 15



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