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  • There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.
    Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.

    If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.





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  • I would like to compare Mrs. Rolling_Flood to Lou Dobbs who only initiates controversy and never dares to challenge.
    And now Rolling_Flood is enjoying his forum which is growing exponentially!

    C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)

    Originally Posted by gc4me

    Mrs. Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.





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  • I agree that credit crunch is worst we have ever seen and the worst is still about 9-12 months away. A lot of investment banks are going to be in trouble. I work for a big financial services comp and even though they say they are not affected, I know that their 'high-yeild low-risk' funds lost around $30billion. Who pays for this? investors? hmm China/Japan.. maybe. But Ben Bernanke is keen on doing whatever it takes to jumstart the economy. So he is printing dollars and reducing interest rates to historic lows(considering 60 year cycles). When I bought my first home in 2001, the rate was 8.5%. Whats it now 5.5%?
    So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.

    So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).

    Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.

    I believe that having a job(well paid) in recession is an investors dream as everything is on SALE.





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  • Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.





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  • 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!





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  • But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
    Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.

    What you said is correct.?.

    EB2 has more experience / advance degree compared to EB3. EB1 has more advanced than EB2.

    Can you give preference to 12th Standard guy instead of Engineering guy.

    I agree with Pappu

    Each employment based categories are for different levels.

    Wakeup EB2s..





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  • I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    You can try...I am afraid CNN is not going to listen to you.

    They know these things well. Lou Dobb's anti-immigrant frenzy/ fanaticism hasboosted the viewership..that's all matters to CNN.





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  • If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.


    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.





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  • Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?

    It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.





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  • I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......





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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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  • Nojoke,

    Will you accept responsibility of Gujrat Massacre first ?
    and hand over all those to International Criminal Court..

    Will you accept responsibility of Babri Mosque demolation?

    India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..

    point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...

    point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat Massacre..you have suffered enough like us.

    War is not solution...you will be naive to think that Pakistan will not retaliate..in matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..

    Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..

    I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.

    I wish both sides can site on table, have chai or lasse and start talks on following items:

    1. How to curb terrorism in India and Pakistan and Afghanistan..
    I have no doubt that if both sides do this, we can weed these nuts
    out.
    2. We must somehow find some solution to Kashmir ...it fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
    I am Kashmiri..and it doesnot matter who fires ...in Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
    If UK can live with Germany and France after bitter WWII ..we sure can...
    3. I am for Open Visas...so both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
    4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...

    You work in US and know every issue needs compromise, discussion and then something gets done..

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...





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  • Does it really matter if Obama or McCain wins? I guess not. The government office still function the same way. I don't give a hoot who wins, as long as they improve the economy and create jobs.





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  • Looks like India is employing a cold start strategy. In the first phase of operations, Indian Air force will strike LeT camps in Muridke and Muzaffarabad and then ask Pakistan to refrain from taking retaliatory action. The onus will be on Pakistan to take the decision regarding further escalation of hostilities.

    Interesting to see how Pakistan will respond to such a move.


    BUNCH OF IDIOTS WAKE UP. PAKISTAN IS A NUCLEAR STATE.
    WAR IS NO SOLUTION TO ANY PROBLEM.





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  • Wow, I love this thread. It gave me a good relief . Thanks to all .





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  • Guys you are unnecessarily raking your brain over this. This is a blatant anti immigrant anti eb green card bill disguised as h1 reform. The people who wrote this bill are the same people who were carrying placards saying "legal immigrants welcome, no to illegal immigration". Now do you really believe them? Even Jeff sessions was one of them and he is the number one opposer of legal eb immigrants.


    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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  • U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.

    Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for

    1. finding a good deal
    2. going thru auction/shortsale/whatever
    3. fixup the house
    4. help in financing
    5. their profit

    giving that money is worth the hassle.

    The most difficult part finding this person.





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  • i thing some1 has complained to uscis about you,
    so your case is refered to NFDC , YOU might also get a interview call soon.
    or the best thing get your GD
    all the best





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  • A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.

    Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"





    Wal-Mart Lobbies Above Retail Value (http://http://www.washingtonpost.com/wp-dyn/content/article/2007/12/26/AR2007122600874.html) By DIBYA SARKAR | Associated Press, Dec 26, 2007

    WASHINGTON -- Wal-Mart's message to America is "Save money. Live better." Its motto in Washington might best be summed up another way: Spend more. Lobby harder.

    The world's largest retailer spent nearly $1.8 million in the first six months of 2007 and is on pace to break the nearly $2.5 million it spent for all of 2006.
    While overall spending on lobbying appears to be slowing a bit, some industries, such as private equity, and companies, such as Wal-Mart Stores Inc., are bucking the trend.

    A relative newcomer to lobbying, the Bentonville, Ark.-based company is making sure Capitol Hill knows it doesn't take a discount approach to getting its message out about everything from immigration to financial-services licensing.

    Wal-Mart spent more than $4 million lobbying in the past 18 months compared with the $6.6 million it collectively spent in the prior seven years, according to federal lobbying reports.

    The retail sector as a whole isn't a lobbying juggernaut in Washington, where defense, energy and pharmaceutical industries write the big checks. For example, Target Corp. spent $100,000 in lobbying expenses in the first six months this year, Sears Holding Corp. spent about $141,000, while defense contractor Lockheed Martin Corp. spent $4.8 million in the same period.
    Wal-Mart spokesman David Tovar would not comment on specific legislation or issues. He said the company's spending depends on the congressional agenda.

    This year, that agenda included immigration reform legislation that failed and a minimum wage-hike bill that passed. The company has said higher wages will push up the cost of goods for customers.

    For their part, Wal-Mart lobbyists pushed for tougher tactics against organized retail crime and for legislation promoting electronic health records and other technology aimed at reducing health-care costs.

    But, Wal-Mart, long criticized for having skimpy employee health-insurance benefits, also lobbied against legislation that would allow employees to form, join or help labor organizations. Its employees are not unionized.

    In the financial services arena, Wal-Mart dropped a bid for a bank license earlier this year after it was strongly opposed by banks, unions and other critics. It continues to push for the ability to offer other financial services, such as prepaid Visa debit cards for millions of low-income shoppers who don't have bank accounts.

    Other issues listed on the disclosure form included legislation tied to international trade matters, currency, taxes and banking.

    Brian Dodge, spokesman for the Retail Industry Leaders Association, which counts Wal-Mart, Costco Wholesale Corp. and Target among its 60 retail members, said in the last few years his group's lobbying efforts have increased involving various issues, including product safety, the environment, organized retail crime, health insurance and jobs.

    While he couldn't speak specifically about Wal-Mart, Dodge said the retail industry must deal with more complex matters, such as imported products involving increased government oversight by several agencies.

    Wal-Mart, which established a Washington shop about 10 years ago, spent just $140,000 in 1999. It spent about a $1 million annually for the next several years, before increasing its lobbying representation and funds in 2005 amid increased criticism of labor practices and benefits.

    "For a long time, Sam Walton really didn't think that Wal-Mart should be involved in politics," said Lee Drutman, a University of California at Berkeley doctoral student who is writing his dissertation on lobbying. "That was part of his actual belief so Wal-Mart was late to the game."





    100 thousand is not for a president to worry about. But 11-12 Million is a different story..



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