riva2005
04-06 09:06 PM
you need to touch the bottom of barrel to go on another direction, this will be the bottom of the barrel I suppose
these protectionist will realize as many H1B dependent companies virtual outsource all there jobs
well in all seriousness I don't think this bill will be passed in senate,
This bill may not be introduced in its current form anywhere.
But I am sure they are going to use this bill to pull sections out of it and introduce it as amendments. Both sponsors of this bill are Judiciary committee. That makes it possible for them to put amendments not just on the floor, but also in the committee. If they think whole bill will not pass as a single amendment, they will put small pieces of it so that it can pass the roll-call one piece at a time.
these protectionist will realize as many H1B dependent companies virtual outsource all there jobs
well in all seriousness I don't think this bill will be passed in senate,
This bill may not be introduced in its current form anywhere.
But I am sure they are going to use this bill to pull sections out of it and introduce it as amendments. Both sponsors of this bill are Judiciary committee. That makes it possible for them to put amendments not just on the floor, but also in the committee. If they think whole bill will not pass as a single amendment, they will put small pieces of it so that it can pass the roll-call one piece at a time.
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file485
07-09 07:01 AM
Hi Manu..
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
fcres
08-10 01:07 PM
since u r the primary applicant choose option 1
I don't know if there is a diff in rescheduling on the date of the appnt or before it. But if it was me, i would try to reschedule it before the appnt date by mailing the FP notice.
I don't know if there is a diff in rescheduling on the date of the appnt or before it. But if it was me, i would try to reschedule it before the appnt date by mailing the FP notice.
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sledge_hammer
03-24 02:17 PM
Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.
I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.
You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.
Just hope that USCIS will buy your story!
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.
You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.
Just hope that USCIS will buy your story!
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
more...
logiclife
06-01 06:09 PM
The culture of rant, the tendency of being angry at all times has landed success to many broadcast journalists, authors and politicians.
On the right:
Rush Limbaugh.
Bill O Reilly.
Sean Hannity.
Ann Coulter(not a journalist but close).
On the left:
Howard Dean.
Al Sharpton.
It seems that the more angry you are, the more successful you are. What surprises me is the Republicans control the congress and the white house and still, Bill O'Reilly, Rush Limbaugh, Lou Dobbs etc. are angry at all times. They are angry if Bill Clinton is President. They are angry if George Bush is president. They are angry when Democrats win, they are angry even if republicans win. They are just angry and they want everyone else to be angry. Probably, there is a secret key to ratings success written somewhere in a secret book in a secret library that these guys have read. And that books says "Make thy audience mad at someone and thou shalt see success in thy Neilson ratings".
On the right:
Rush Limbaugh.
Bill O Reilly.
Sean Hannity.
Ann Coulter(not a journalist but close).
On the left:
Howard Dean.
Al Sharpton.
It seems that the more angry you are, the more successful you are. What surprises me is the Republicans control the congress and the white house and still, Bill O'Reilly, Rush Limbaugh, Lou Dobbs etc. are angry at all times. They are angry if Bill Clinton is President. They are angry if George Bush is president. They are angry when Democrats win, they are angry even if republicans win. They are just angry and they want everyone else to be angry. Probably, there is a secret key to ratings success written somewhere in a secret book in a secret library that these guys have read. And that books says "Make thy audience mad at someone and thou shalt see success in thy Neilson ratings".
sc3
08-05 08:07 PM
I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.
If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.
Emotional and silly? I dont think so. This thread talks about stopping a legal option available to lots. The arguments provided have no legal grounding.
Also, your claim that "in US Bachelors degree is the considered the basic or primary degree" is not supported by law (show me the law which states as such, and I will shut up). It is again subjective. There are a lot of "Associate degree" etc, so classification of "basic degree" is nothing by subjective. As I said before, what you consider "Advanced" need not be a advanced degree for another, and the law never explicitly talks about what is meant by "Advanced". It is USCIS guidance on what it considers to be "advanced degree".
The thread says we should disallow Eb3's refiling because it is unfair, I am saying jumping jobs without getting GC is unfair. Again subjective... what you consider unfair maybe very different from what I consider unfair. The law allows for both, EB3 refiling, as well as Ac21 portability. We cant do anything about it -- none of these are basis for lawsuits wants it to be.
"You have a advanced degree that no Bachelors can do... that is the law"
So now you take recourse to the law, when you support filing a lawsuit for something written in law. Furthermore, just guessing here, looks like you are in medicinal field, or something that affects human life. Well, that law is not universal. There are other countries where the same job can be done by a bachelors. To some extent such "advanced degree" requirements are put in place by lobbies, or due to some other constraints.
No, every EB3 does not think EB2 is fraud. It is EB2s that think EB3s can be done by anyone pulled off the street. Every occupation needs skills, just because someone has an advanced degree mean that all other work can be done by monkeys.
And BTW: Someone gave me a neg, saying I am disparaging EB2 by calling them Monkeys. No I did not do that, some other guys brought it on themselves when they claimed EB3 work can be done by monkeys. I just said, if EB3 work can be done by monkeys, so can EB2 work. Read before you leave comments to others.
If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.
Emotional and silly? I dont think so. This thread talks about stopping a legal option available to lots. The arguments provided have no legal grounding.
Also, your claim that "in US Bachelors degree is the considered the basic or primary degree" is not supported by law (show me the law which states as such, and I will shut up). It is again subjective. There are a lot of "Associate degree" etc, so classification of "basic degree" is nothing by subjective. As I said before, what you consider "Advanced" need not be a advanced degree for another, and the law never explicitly talks about what is meant by "Advanced". It is USCIS guidance on what it considers to be "advanced degree".
The thread says we should disallow Eb3's refiling because it is unfair, I am saying jumping jobs without getting GC is unfair. Again subjective... what you consider unfair maybe very different from what I consider unfair. The law allows for both, EB3 refiling, as well as Ac21 portability. We cant do anything about it -- none of these are basis for lawsuits wants it to be.
"You have a advanced degree that no Bachelors can do... that is the law"
So now you take recourse to the law, when you support filing a lawsuit for something written in law. Furthermore, just guessing here, looks like you are in medicinal field, or something that affects human life. Well, that law is not universal. There are other countries where the same job can be done by a bachelors. To some extent such "advanced degree" requirements are put in place by lobbies, or due to some other constraints.
No, every EB3 does not think EB2 is fraud. It is EB2s that think EB3s can be done by anyone pulled off the street. Every occupation needs skills, just because someone has an advanced degree mean that all other work can be done by monkeys.
And BTW: Someone gave me a neg, saying I am disparaging EB2 by calling them Monkeys. No I did not do that, some other guys brought it on themselves when they claimed EB3 work can be done by monkeys. I just said, if EB3 work can be done by monkeys, so can EB2 work. Read before you leave comments to others.
more...
file485
07-08 11:02 AM
unitednations..!!
r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..
r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..
2010 Delonte West Asked About
gcisadawg
12-27 12:04 AM
Don't you think Pakistan already knows that?
Yes, you are right. Pakistan knows that. But our audience is not pakistan. It is US and other countries. Who comes to india when pak does nuclear sabre-rattling? It is US. We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"
Do you mean to say that the state and the government of Pakistan did this?
As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.
I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.
Yes, you are right. Pakistan knows that. But our audience is not pakistan. It is US and other countries. Who comes to india when pak does nuclear sabre-rattling? It is US. We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"
Do you mean to say that the state and the government of Pakistan did this?
As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.
I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.
more...
Macaca
05-18 05:15 PM
How the Middle East’s uprisings affect China’s foreign relations (http://www.eastasiaforum.org/2011/05/17/how-the-middle-east-s-uprisings-affect-china-s-foreign-relations/) By Shi Yinhong | Renmin University of China
The recent uprisings in Tunisia, Egypt, Libya and elsewhere in the Middle East have important consequences for China’s foreign relations.
With Washington becoming increasingly preoccupied with the Middle East, it will have less opportunity to focus on China. At the same time, the return of a US policy aimed at promoting democratisation could have a destabilising effect on Sino–US relations. China might reassess how it shapes its relations with highly repressive regimes, and it will have to take into account that Western countries are now better positioned to push resolutions aimed at intervening in certain types of countries through the UN Security Council (UNSC).
The uprisings run counter to assumptions that the predominant struggle in Middle Eastern politics is between US-backed authoritarian regimes and Islamic fundamentalism. Instead, the recent revolts involve a third force — the ‘urban underdogs.’ These popular movements are largely disorganised, have no leaders and are not based on clearly defined ideas. The uprisings are the outcome of poor economic conditions, the authoritarian suppression of fundamental liberties, and the highly corrupt nature of the ruling elite. Situational factors also play a role: the spill over effect from revolts in one country to the next; the availability of modern forms of communication to enable mobilisation; the use of symbolic places for mass gathering (in the case of Tahrir Square in Cairo); overwhelming attention from the West; and the policy inclinations of the US and European governments.
As the Arab world transforms, becoming more tumultuous along the way, Washington will face new dilemmas, and the fight against terror will no longer be overwhelmingly dominant. ‘Pushing democracy’ has returned as a major foreign policy theme in Washington as the uprisings partially restore the West’s self-confidence, battered from the financial crisis.
All of this has major implications for China’s foreign relations. Washington’s deeper involvement in the Middle East is favourable to Beijing, reducing Washington’s ability to place focused attention and pressure on China. But, conversely, the partial return of the push for democracy is not to the benefit of China or stable Sino–US relations. China may need to reconsider its quite amicable relationships with regimes that are repressive, corrupt and have little popular support. Beijing is insufficiently prepared to deal with dramatic political changes in such countries, clearly shown in the past when China’s relations with Iran (1979), Romania (1989) and Serbia (1999) were severely affected. This happened more recently in Zimbabwe, and now also in Egypt and Sudan. Other countries where similar developments could take place are Burma, North Korea and perhaps also Pakistan.
The Middle Eastern turmoil is also relevant to China’s domestic stability. Some activists in and outside China are hoping for a ‘Chinese jasmine revolution.’ Beijing overreacted somewhat, particularly in the early days, by taking strong domestic security precautions despite no signs of widespread activism in China. This may have been the activists’ immediate purpose: to embarrass the Chinese government and to show its lack of self-confidence to the world and the Chinese public. This in turn could make Beijing more hesitant about deepening economic and political reforms.
The uprisings are also affecting China’s international position with regard to the issue of intervention. Beijing probably believed they had no choice other than to allow the UNSC to adopt Resolution 1973, which gave the international community the authority to establish a no-fly zone over Libya. It was clear that the US, France and the UK were resolutely determined to launch a military strike, and certain Arab and African countries supported and even intended to join the intervention. Had Beijing vetoed the resolution, China’s relations with both the West and the Arab countries involved would have been severely strained — and the West would have still launched their attack anyway. This was a hard decision for China: Resolution 1973 could form a dangerous precedent in international law, as previous norms have been revised in favour of armed intervention in a domestic conflict. In the future, the US and its allies might reapply this, potentially to the detriment of China’s interests.
China’s hope for stable Sino–US relations following the state visit of Chinese President Hu Jintao to the US in January 2011, and China’s important relationship with Saudi Arabia, had induced Beijing to abstain from using its veto in the UNSC. Moreover, if a similar case does occur in the foreseeable future, it seems rather unlikely that China or Russia would use their veto in order to protect the principle of non-interference. Consequently, the US and its associates in the UNSC might very well see an opportunity to act resolutely in the coming years, with the aim of effecting intervention in other countries, comparable to Libya, a country first of all not allied with them and far distant from them. This is an opportunity that has likely not escaped Washington’s attention.
Shi Yinhong is Professor of International Relations and Director of the Center on American Studies at Renmin University of China in Beijing
Ferguson vs. Kissinger on the future of China, and what it means for the rest of us (http://ricks.foreignpolicy.com/posts/2011/05/17/ferguson_vs_kissinger_on_the_future_of_china_and_w hat_it_means_for_the_rest_of_us) By Thomas E. Ricks | Foreign Policy
Getting China Ready to Go Abroad
Companies need to revamp management structures and customer service before they can compete globally. (http://online.wsj.com/article/SB10001424052748703509104576328842793701106.html)
By KEVIN TAYLOR | Wall Street Journal
Chinese Spreading Wealth Make Vancouver Homes Pricier Than NYC (http://www.bloomberg.com/news/2011-05-16/chinese-spreading-wealth-make-vancouver-homes-pricier-than-nyc.html) By Yu and Donville | Bloomberg
China shafts Philippine mines (http://atimes.com/atimes/Southeast_Asia/ME19Ae01.html) By Joel D Adriano | Asia Times
Is This the China that Can't? (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3200&Itemid=422) By John Berthelsen | Asia Sentinel
China's Bold New Plan for Economic Domination (http://www.theatlantic.com/international/archive/2011/05/chinas-bold-new-plan-for-economic-domination/239041/) By Abraham & Ludlow | The Atlantic
The recent uprisings in Tunisia, Egypt, Libya and elsewhere in the Middle East have important consequences for China’s foreign relations.
With Washington becoming increasingly preoccupied with the Middle East, it will have less opportunity to focus on China. At the same time, the return of a US policy aimed at promoting democratisation could have a destabilising effect on Sino–US relations. China might reassess how it shapes its relations with highly repressive regimes, and it will have to take into account that Western countries are now better positioned to push resolutions aimed at intervening in certain types of countries through the UN Security Council (UNSC).
The uprisings run counter to assumptions that the predominant struggle in Middle Eastern politics is between US-backed authoritarian regimes and Islamic fundamentalism. Instead, the recent revolts involve a third force — the ‘urban underdogs.’ These popular movements are largely disorganised, have no leaders and are not based on clearly defined ideas. The uprisings are the outcome of poor economic conditions, the authoritarian suppression of fundamental liberties, and the highly corrupt nature of the ruling elite. Situational factors also play a role: the spill over effect from revolts in one country to the next; the availability of modern forms of communication to enable mobilisation; the use of symbolic places for mass gathering (in the case of Tahrir Square in Cairo); overwhelming attention from the West; and the policy inclinations of the US and European governments.
As the Arab world transforms, becoming more tumultuous along the way, Washington will face new dilemmas, and the fight against terror will no longer be overwhelmingly dominant. ‘Pushing democracy’ has returned as a major foreign policy theme in Washington as the uprisings partially restore the West’s self-confidence, battered from the financial crisis.
All of this has major implications for China’s foreign relations. Washington’s deeper involvement in the Middle East is favourable to Beijing, reducing Washington’s ability to place focused attention and pressure on China. But, conversely, the partial return of the push for democracy is not to the benefit of China or stable Sino–US relations. China may need to reconsider its quite amicable relationships with regimes that are repressive, corrupt and have little popular support. Beijing is insufficiently prepared to deal with dramatic political changes in such countries, clearly shown in the past when China’s relations with Iran (1979), Romania (1989) and Serbia (1999) were severely affected. This happened more recently in Zimbabwe, and now also in Egypt and Sudan. Other countries where similar developments could take place are Burma, North Korea and perhaps also Pakistan.
The Middle Eastern turmoil is also relevant to China’s domestic stability. Some activists in and outside China are hoping for a ‘Chinese jasmine revolution.’ Beijing overreacted somewhat, particularly in the early days, by taking strong domestic security precautions despite no signs of widespread activism in China. This may have been the activists’ immediate purpose: to embarrass the Chinese government and to show its lack of self-confidence to the world and the Chinese public. This in turn could make Beijing more hesitant about deepening economic and political reforms.
The uprisings are also affecting China’s international position with regard to the issue of intervention. Beijing probably believed they had no choice other than to allow the UNSC to adopt Resolution 1973, which gave the international community the authority to establish a no-fly zone over Libya. It was clear that the US, France and the UK were resolutely determined to launch a military strike, and certain Arab and African countries supported and even intended to join the intervention. Had Beijing vetoed the resolution, China’s relations with both the West and the Arab countries involved would have been severely strained — and the West would have still launched their attack anyway. This was a hard decision for China: Resolution 1973 could form a dangerous precedent in international law, as previous norms have been revised in favour of armed intervention in a domestic conflict. In the future, the US and its allies might reapply this, potentially to the detriment of China’s interests.
China’s hope for stable Sino–US relations following the state visit of Chinese President Hu Jintao to the US in January 2011, and China’s important relationship with Saudi Arabia, had induced Beijing to abstain from using its veto in the UNSC. Moreover, if a similar case does occur in the foreseeable future, it seems rather unlikely that China or Russia would use their veto in order to protect the principle of non-interference. Consequently, the US and its associates in the UNSC might very well see an opportunity to act resolutely in the coming years, with the aim of effecting intervention in other countries, comparable to Libya, a country first of all not allied with them and far distant from them. This is an opportunity that has likely not escaped Washington’s attention.
Shi Yinhong is Professor of International Relations and Director of the Center on American Studies at Renmin University of China in Beijing
Ferguson vs. Kissinger on the future of China, and what it means for the rest of us (http://ricks.foreignpolicy.com/posts/2011/05/17/ferguson_vs_kissinger_on_the_future_of_china_and_w hat_it_means_for_the_rest_of_us) By Thomas E. Ricks | Foreign Policy
Getting China Ready to Go Abroad
Companies need to revamp management structures and customer service before they can compete globally. (http://online.wsj.com/article/SB10001424052748703509104576328842793701106.html)
By KEVIN TAYLOR | Wall Street Journal
Chinese Spreading Wealth Make Vancouver Homes Pricier Than NYC (http://www.bloomberg.com/news/2011-05-16/chinese-spreading-wealth-make-vancouver-homes-pricier-than-nyc.html) By Yu and Donville | Bloomberg
China shafts Philippine mines (http://atimes.com/atimes/Southeast_Asia/ME19Ae01.html) By Joel D Adriano | Asia Times
Is This the China that Can't? (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3200&Itemid=422) By John Berthelsen | Asia Sentinel
China's Bold New Plan for Economic Domination (http://www.theatlantic.com/international/archive/2011/05/chinas-bold-new-plan-for-economic-domination/239041/) By Abraham & Ludlow | The Atlantic
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obviously
08-05 08:59 AM
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.
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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xyzgc
12-22 09:35 PM
With all due respect XYZGC, I never said Kashmir should be gifted to Pakistan. What I have said is for a UN supervised solution. And I did not change my mind on that. We have fought three major wars and spending crores to maintain the status quo but to what end. It just a pain in @$$.
I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.
On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.
Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
And you never used the word "gifted". You already provided your reasons for saying whatever you did.
I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.
On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.
Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
And you never used the word "gifted". You already provided your reasons for saying whatever you did.
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thomachan72
07-08 08:56 AM
Avery sad situation indeed. Hoping and praying that you see the silver line around the dark cloud fast. Is anybody aware of lawyers who would work through such situations for legal immigrants for free? I know it seems an absurd question, but in this country there are many service minded people also. One suggestion I have is to contact a nearby church / christian ministry and see is there are any lawyers with them who would give advice for free. I know many churches conduct free vaccination, health evaluation, maternity camps which specifically target desperate immigrants / poor american citizens.
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DoNotWorry
04-08 12:18 PM
This might be good for developing countries!!!! Don't worry guys, the world will evolve on new terms. As Bill Gates told, if workers can not come here, the Companies will go to that Countries.
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like_watching_paint_dry
08-07 08:57 PM
A guy walks into a bar with his pet monkey.
He orders a drink and while he's drinking, the monkey starts jumping all over the place. The monkey grabs some olives off the bar and eats them, then grabs some sliced limes and eats them, then jumps up on the pool table, grabs the cue ball, sticks it in his mouth and swallows it whole.
The bartender screams at the guy, "Did you see what your monkey just did?" The guy says, "No, what?" "He just ate the cue ball off my pool table - whole!" says the bartender.
"Yeah, that doesn't surprise me," replies the patron. "He eats everything in sight, the little jerk. I'll pay for the cue ball and stuff." He finishes his drink, pays his bill, and leaves.
Two weeks later he's in the bar again, and he has his monkey with him. He orders a drink and the monkey starts running around the bar again. While the man is drinking, the monkey finds a maraschino cherry on the bar. He grabs it, sticks it up his butt, pulls it out, and eats it.
The bartender is disgusted. "Did you see what your monkey did now?" "Now what?" asks the patron. "Well, he stuck a maraschino cherry up his butt, then pulled it out and ate it!" says the barkeeper. "Yeah, that doesn't surprise me," replies the patron.
"He still eats everything in sight, but ever since he ate that cue ball he measures everything first!"
Moderators .. please delete if inappropriate
He orders a drink and while he's drinking, the monkey starts jumping all over the place. The monkey grabs some olives off the bar and eats them, then grabs some sliced limes and eats them, then jumps up on the pool table, grabs the cue ball, sticks it in his mouth and swallows it whole.
The bartender screams at the guy, "Did you see what your monkey just did?" The guy says, "No, what?" "He just ate the cue ball off my pool table - whole!" says the bartender.
"Yeah, that doesn't surprise me," replies the patron. "He eats everything in sight, the little jerk. I'll pay for the cue ball and stuff." He finishes his drink, pays his bill, and leaves.
Two weeks later he's in the bar again, and he has his monkey with him. He orders a drink and the monkey starts running around the bar again. While the man is drinking, the monkey finds a maraschino cherry on the bar. He grabs it, sticks it up his butt, pulls it out, and eats it.
The bartender is disgusted. "Did you see what your monkey did now?" "Now what?" asks the patron. "Well, he stuck a maraschino cherry up his butt, then pulled it out and ate it!" says the barkeeper. "Yeah, that doesn't surprise me," replies the patron.
"He still eats everything in sight, but ever since he ate that cue ball he measures everything first!"
Moderators .. please delete if inappropriate
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Marphad
01-08 02:28 PM
All the religeous books were written based on contemporary circumstances. I have a friend named Mansuri, mentioned to me once why muslims don't eat turtles:
"Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "
Another one told by my friend Maqsood:
"There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "
Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.
Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.
"Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "
Another one told by my friend Maqsood:
"There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "
Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.
Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.
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alisa
04-07 03:21 PM
I never thought online poker would get outlawed in USA. See this.
http://www.usatoday.com/tech/2006-10-02-internet-gambling-usat_x.htm
So, forgive me for not feeling comfortable when people tell me that they think a certain law will not pass.
This is the same breed of people who authorized the Iraq war. If that disaster had not happened, maybe they could have debated other issues, and we would have had some immigration reform by now.
So, what should be do about this?
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.
http://www.usatoday.com/tech/2006-10-02-internet-gambling-usat_x.htm
So, forgive me for not feeling comfortable when people tell me that they think a certain law will not pass.
This is the same breed of people who authorized the Iraq war. If that disaster had not happened, maybe they could have debated other issues, and we would have had some immigration reform by now.
So, what should be do about this?
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.
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nojoke
01-03 07:42 PM
You are a Kashmiri muslim.
Will you accept the responsibility of making hundreds of thousands Kashimiri pandits homeless? Will you accept the responsibility for the Godhra attack?
Do you have a time machine that can take you back to 1600 A.D and stop the evil islamic barbarics from pillaging our land? Can you? Or you need a proof for that as well to interpol?
1. To curb terrorism, Pakistan must destroy all the terror camps. Its not doing it, its not handing over any terrorists, what's the point of having cup of chai and talking non-sense?
2. You are a Kashmiri. Tell us, what is a possible solution? India will not hand over the remainder of the Kashmir because part of the Kashmir is already occupied by Pakistan. Period. Now, do you have a solution?
3. You are open for open visas. What good will it do except for terrorists to come in freely and legally?
4. By exchanging prisoners you mean hand over the terrorists, right. Hand over Afzal and Kasam and the other butchers. And ask president to pardon them.
Sorry, won't happen.
What else?
I agree there are issues that need to be resolved in India. But what is happening in India ia India's problem. They don't need to handover anyone to international court. India is not causing problem to other countries. There are laws and due process to handle the criminals in India. But the powerful do get away. It is silly to ask all these problems to be solved by International court. I don't think they will be interested to run trials on such cases.
Sorry this post is to engineer.
Will you accept the responsibility of making hundreds of thousands Kashimiri pandits homeless? Will you accept the responsibility for the Godhra attack?
Do you have a time machine that can take you back to 1600 A.D and stop the evil islamic barbarics from pillaging our land? Can you? Or you need a proof for that as well to interpol?
1. To curb terrorism, Pakistan must destroy all the terror camps. Its not doing it, its not handing over any terrorists, what's the point of having cup of chai and talking non-sense?
2. You are a Kashmiri. Tell us, what is a possible solution? India will not hand over the remainder of the Kashmir because part of the Kashmir is already occupied by Pakistan. Period. Now, do you have a solution?
3. You are open for open visas. What good will it do except for terrorists to come in freely and legally?
4. By exchanging prisoners you mean hand over the terrorists, right. Hand over Afzal and Kasam and the other butchers. And ask president to pardon them.
Sorry, won't happen.
What else?
I agree there are issues that need to be resolved in India. But what is happening in India ia India's problem. They don't need to handover anyone to international court. India is not causing problem to other countries. There are laws and due process to handle the criminals in India. But the powerful do get away. It is silly to ask all these problems to be solved by International court. I don't think they will be interested to run trials on such cases.
Sorry this post is to engineer.
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unitednations
03-24 12:44 PM
can you kindly enlighten me on what you exactly mean by "suspicious" original poster?
Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn
USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.
However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...
Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.
If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.
California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.
Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn
USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.
However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...
Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.
If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.
California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.
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HawaldarNaik
12-26 08:08 PM
My take on this is that there are two options
Option-1:- Go for an all out war as i specified...however the risk here is that it could go on and on and on...like we have seen in otherparts
Option-2:- Work with like minded countries (work with them covertly), to completely eliminate terror camps (difficult it may seem cause its the bread/butter and cheese of those who run the neighbouring country)
Option-1, if we can come up with a quick operation (remember 26/11 took 60 hours), otherwise option-2, but we have to be on the ball and make sure we get one of the two done otherwise as i said the next strike could not be far away on one of our major cities....
Also Option-1 should be directed at the Terror infrastructure (by infrastructure i mean man power included cause otherwise they will disperse and regroup like they do in the western border in the war that the superpower is waging)
Option-1:- Go for an all out war as i specified...however the risk here is that it could go on and on and on...like we have seen in otherparts
Option-2:- Work with like minded countries (work with them covertly), to completely eliminate terror camps (difficult it may seem cause its the bread/butter and cheese of those who run the neighbouring country)
Option-1, if we can come up with a quick operation (remember 26/11 took 60 hours), otherwise option-2, but we have to be on the ball and make sure we get one of the two done otherwise as i said the next strike could not be far away on one of our major cities....
Also Option-1 should be directed at the Terror infrastructure (by infrastructure i mean man power included cause otherwise they will disperse and regroup like they do in the western border in the war that the superpower is waging)
Rolling_Flood
07-14 08:24 AM
send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
fine, then why are we working so hard to remove the per country limit? That was set by law too!!!
We can't pick only those options that would favor us. Sometimes changes bring hard-luck.
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
fine, then why are we working so hard to remove the per country limit? That was set by law too!!!
We can't pick only those options that would favor us. Sometimes changes bring hard-luck.
ramaonline
02-02 05:21 PM
Both L1 and H1 visa holders pay taxes just like any othe US Citizen
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