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  • Same as you, I saw your post and couldn't help responding :-)

    For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

    But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

    Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

    Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

    What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.

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  • Thats a very good question.

    I think we should call Senators Durbin and Grassley and ask them why they want to hurt American businesses (that provide employment to millions of Americans) by stifling and increasing the cost of innovation, and losing American trained/American educated employees to India/China?

    And so, why do they want to hurt American workers by encouraging outsourcing?

    The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.

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  • Dear Rolling_Flood,

    Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.

    May GOD give you wisdom. (Amen�)

    James Bond

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  • People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.

    They need to be procecuted.

    When I started this thread, I knew for sure that some terrorism supporting back stabbers will start giving me Red, and it happened :).

    This is all they were taught from which ever the school (they call that junk yard as school - don't laugh) they went through to attack people from back.

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  • Yes I called all senators from the state and also local representative.Only local representative responded and their office contacted uscis for my EAD.We didnot contact any body for my husband`s petition .we are planning to do so this week.It is at NSC.

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  • Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.

    Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).

    If you want to blame someone for Palestine plight today, blame these two actors.

    The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.

    You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.

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  • I'm impressed, How about posting your resume here. So everybody can clap on your achievements....

    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

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  • I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.

    Best luck for this.

    Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.

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  • UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

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  • I had looked around Alpharetta, cumming, Suwanee, Duluth etc. for new as well as recent houses.

    I agree with Hiralal that prices have come down in all these area a lot compared to past.

    In alphareeta in 200-300K you can get any new house you want. But not much new construction in that area because of lack of space. You can even get in Johns creek in that price range, which most costliest area in the north. Lot of new construction in the cumming. Not much new in the Suwanee as well as Duluth too.

    You can hardly get a decent big and recent (relatively new) house below 200K in any of these area (not town home) unless it is foreclosure. I got in 175Kbecause it was foreclosure.

    PM me if you need to talk and you are in market to buy new home. I can share my experiences.


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  • No one??

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  • how is owning a house a simple pleasure ?? it is a complex pleasure when yr residential status itself is not guranteed.
    you can give more pleasure to yr family when you rent.

    the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade).

    you just have to read financial websites to see the enormity of the problem. some are super worst scenarios and some are bad scenarios ..so I guess most likely outcome is somewhere in between(in terms of recession ) and RE market -- i.e. drop of 10 to 25 %. for 300K house that would be 30 thousand minimum.
    when u rent it gives you tons of mobility ..which people don't understand (especially house wives). being able to rent near my job and again move when my company sends me somewhere (or other similar situations) ..that std of living - I can never get by owning a million dollar house. and renting is not throwing money esp in these times (say $250 is prop tax, 200 extra due to commutes / yardwork / utilities, 200 more in HOA, insurance etc + maintenance etc etc)
    when you add couple $100 to the above you get a place to rent --without worrying much as to what yr kids draw on the walls. plus if u invest the diff in diversified funds ..you would get more peace of mind.
    In the end though it depends on personal situation ... but rushing to buy now on EAD is bad idea ..it is never good idea to catch a falling knife.
    ofcourse if you have tons and tons of money and don't mind taking a loss then sure ..Buy. not just here maybe buy another house in India / Bahamas etc ...

    Let me just ask you one question. Assume that the house prices start to rise again, everything comes back to normal and it is the right time to buy a house. Would you then buy a house if you still do not have a GC and you are on EAD.

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  • but I don't see the price coming down anytime soon either. Whoever invested in gold about 5-6 years ago made good money. Commodities are definately a good buy in this economy but any investments these days comes only after building up a 8-12 month emergency fund. This thread is getting interesting.

    Thread gets more interesting...way of life..love the way it transformed from home buying good/bad to sound investment advice...here is my bit:

    With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed

    my take is gold...solid investment in these times and a proven hedge against inflation

    goodluck guys..more later

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  • Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
    Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir.

    I am not anti-immigrant, just anti-porting and anti-interfiling.

    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?

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  • This is exactly why terrorist and their supporters like antulay are succeeding...

    What has this to do with immigration ??? Does Antulay support EB2/EB3 reforms ? Do he mention anything about wasted visa numbers.
    This is not a place to post/preach religious, spiritual believes unless it gets you the Green Card. If many Indians visit this forum, it does not become hosting agent for your thoughts. Now don't waste your time and server hard disk space posting something back on this thread.

    Ek aur double standard...

    You definitely didn't think about server hard drive space and your most valuable time when you posted these:

    Medical Insurance:
    Three Options:

    Cheap Child: She can go India and get the baby delivered for fraction of cost. They call it medical outsourcing. She she is on H4, she'll have no problem crossing the borders.

    Expensive Child: If she wants her child to be US Citizen, then there is cost involved ... she would need to pay. This is going to be an expensive child.

    Free Child: BUT it she got guts she can always deliver the baby in hospital and refuse to pay since there is a law that dictates against any litigation by hospital for medical expenses. Since she's on H4 and she does not have SSN, she won't have any effect on her credit history.

    DOW is down - ha ha ha:

    That is very funny ...... I can see how these virtual stock figures can scare some people away ?

    Find yourself better things to worry about ... For those who can't compete in tough times, must leave US now.

    If there is going to be a recession, it should be fun.

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  • the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I agree, does anybody have a link to the policy of how spill over of visa numbers works?

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  • Congress Cool on Tech Issues in 2007 (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/23/AR2007122301761.html) Patent reform, security, Internet access and other topics are expected to gain a higher profile next session PC World, Dec 23, 2007

    No one is calling 2007 a banner year for the technology industry in the U.S. Congress.

    Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.

    "This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.

    Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.

    It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.

    Members of the tech community point to some success in Congress this year:

    Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.

    Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.

    The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.

    "Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.

    Some successes the tech community can point to, however, were partial victories:

    Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.

    Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.

    But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.

    The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.

    Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.

    But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.

    Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.

    In many other areas, Congress failed to act on legislation many tech groups called for:

    Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.

    Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.

    Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.

    Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.

    Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.

    Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."

    H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.

    Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."

    But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.

    Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.

    Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.

    Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.

    Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.

    Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.

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  • United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.

    Obvious questions is; why take the risk.

    A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.

    However; i am sure uscis would have smartened up now...

    I can't give you a definitive answer with whether they would reject the case or not.

    Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.

    In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.

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  • So why are those of us not in IT suffering the consequences of this?
    Jobs in my field are pretty well defined so all this crap that is being said on thsi thread is really surprising to me.

    This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.

    Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.

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