mpadapa
08-05 10:39 AM
Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
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msp1976
04-07 08:31 AM
Members working for consulting companies can talk to their employers about this. Let us know their response.
The employers are not gonna be worried about it..
Many of these restrictions were passed for the L1 program some 1 year back.
I know many people on L1 still working at client sites and no one even saying peep about it...
This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....
DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...
The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...
The employers are not gonna be worried about it..
Many of these restrictions were passed for the L1 program some 1 year back.
I know many people on L1 still working at client sites and no one even saying peep about it...
This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....
DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...
The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...
Macaca
12-28 07:23 PM
In India, a struggle for moderation as a young Muslim woman quietly battles extremism (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/27/AR2010122704519.html) By Emily Wax | Washington Post
Rubina Sandhi had settled in for a night of homework when panic swept through the narrow, congested alleys of her neighborhood.
It was Sept. 11, 2001. Television sets in the mosques, tea shops and market were beaming images of the World Trade Center engulfed in flames in New York. Five months later, Rubina's house was burning as Hindu mobs torched Muslim areas of her city, leaving thousands of people homeless. She remembers smoke hovering over Ahmedabad just as it had over New York.
With their few remaining possessions, Rubina's family members took refuge in a squalid relief camp and, several weeks later, moved into ramshackle housing on the edge of the city - where only Muslims lived and worked. "We felt like ghosts," recalled Rubina, who was then 12.
The rioting was among India's worst sectarian violence in decades, hardening divisions between the Hindu majority and the country's 140 million Muslims as hard-liners on both sides sought to exploit the tensions. Soon after the rioting, many young Muslims in Rubina's neighborhood started following stricter forms of Islam as imams fanned out into the region's poorest Muslim areas, some bringing with them Wahhabism, the fundamentalist form of Islam practiced in Saudi Arabia.
Some Indian Muslims even sought training in Pakistan to carry out acts of revenge in India, their version of violent jihad. For her part, Rubina chose a different struggle, determined to be a good Muslim and daughter as the community around her became more radicalized. She fought for the right to make decisions for herself, and she tried to find a way to voice her beliefs as a woman, as others around her were being silenced.
Her decisions would mirror those of many other young Muslim women in her city who entered adulthood in the aftermath of religious violence and the Sept. 11, 2001, terrorist attacks. She would be asked to compromise her dreams, and her commitment to Islam would be questioned.
Ahmedabad, a 600-year-old city in the state of Gujarat, has long been a vibrant historical center where religions aspired to coexist. It was the headquarters for Mahatma Gandhi's ashram and his peaceful freedom struggle and is celebrated for its Indo-Islamic architecture. Of the city's 5 million people, 11 percent are Muslim.
Before the riots, many Muslims in Rubina's neighborhood celebrated Hindu traditions. Yet tensions between Hindus and Muslims here often rose to the surface.
The violence in 2002 erupted after 59 Hindus were burned to death on a train as they were returning home from a pilgrimage site. Muslim extremists were blamed for the blaze, but the cause of the fire remains in dispute. In 2004, a government-appointed panel ruled that the train fire was an accident and not caused by Muslims.
Soon after the anti-Muslim riots, extremist imams started to gain more clout. Among them was a firebrand televangelist named Zakir Naik, whose weekly sermons are broadcast from Mumbai and Saudi Arabia. Thousands of young Muslims have been drawn to his powerful slogans, including his declaration that to defend Islam, "every Muslim should be a terrorist."
This more conservative brand of Islam became more acceptable, and it seemed to empower Muslim men in India. But it had the opposite effect on Muslim women. The imams and mullahs warned young women to stay indoors, to forgo higher education and to become dutiful mothers of as many children as God would give them. The children, they said, would replace the Muslims killed during the riots.
"The Hindu mobs who attacked us called us all terrorists. Then the mullahs wanted to take away our freedoms," Rubina said, adding: "Everyone felt confused."
A pervasive fear
Rubina's father, Mohammed Sandhi, had an eighth-grade education and a job selling incense sticks to Hindu temples. When he was a young boy, his grandparents had told him haunting stories about Muslim-Hindu tensions in the 1930s and rioting in the southern city of Hyderabad that forced the family to migrate to Ahmedabad.
Mohammed believed in the aspirations of a rising India. He had saved for years to move the family into a comfortable two-room home, and he hoped that his two children - Rubina and her older brother, Irfan - would be the first in their family to attend college.
But after the riots, Mohammed began to believe that his ambitions were naive, at least for Indian Muslims. "We thought that was the past, over, just our history. But after the 2002 riots, we worry every day that the violence could happen again," he said.
In the street just outside the family's housing complex, 69 people, mostly Muslims, were burned alive during the riots, the first and largest single massacre during the crisis, a federal investigation later found.
From there, fighting spread. Over the next two months, more than 200 mosques and hundreds of Muslim shrines were burned down, and 17 ancient Hindu temples were attacked, according to police and human rights workers.
Everything in Rubina's home was destroyed: childhood photographs, birth certificates, school records and land deeds.
The family left behind the charred ruins of their home for a relief camp, one of more than 100 that housed 150,000 Muslims after the riots.
The city slowly calmed, but acts of violence on both sides continued and people remained fearful.
Watching their parents weep, Rubina and Irfan grew angrier and more confused. "We never thought this could happen here," said Rubina's mother, Mumtaz Sandhi. "We thought we are Muslims. But we are also Indians."
Silencing women's voices
After several weeks in the camps, Rubina's family settled in Juhapura, a poor area on the western outskirts of the city where many Muslims moved from Hindu-dominated localities.
The neighborhood has some middle-class areas but is largely poor, and activists have fought for basic government services, including paved roads, a sewage treatment system and garbage collection.
During her teenage years, Rubina started to notice that her brother, like many young Muslim men, was growing more observant of Islam, more conservative, introverted. They had always been close, and tragedy had strengthened their bond. But their paths began to diverge as Irfan sought comfort and sanctuary in the strictures of Islam.
Rubina, like other young Muslim women, feared she would lose her freedom under those strictures. She resisted calls from increasingly conservative imams to wear a traditional black garment that covers the body and sometimes the face.
In Gujarat, more and more women suddenly started dressing more conservatively, often as a show of Muslim pride but also to ward off sexual advances and potential sexual violence.
Rubina's mother began covering her hair, and Rubina said Irfan soon told her that he preferred to marry a woman who dressed conservatively.
Around this time, Rubina met a social worker named Jamila Khan at a meeting for Muslim women concerned about the living conditions in Juhapura and profiling of Muslim men as terrorists. But Khan also spoke out against Muslim leaders intent on reeling in Muslim women, curbing the liberties enshrined in India's secular constitution. She described herself as an "Islamic feminist."
"It doesn't matter what our women were wearing," Khan told Rubina and her friends. "What is important is still having a voice. Islamic rigidity is silencing our most dynamic Muslim female minds."
Many of Rubina's peers were giving up on having a career and were marrying and starting families earlier. Instead of going to college to study business or medicine, many were taking up courses at nearby mosques that taught them to be good Muslim wives.
But as Rubina entered young adulthood, she said, she became aware of the hypocrisy among many of the imams. Although they preached that Muslim women should be homemakers, they sent their daughters to private schools and universities in Britain, Canada and the United States.
During her first and only year at college, a Hindu extremist group circulating on campus began warning Hindus against having friendships or romantic relationships with Muslims. Rubina said some Hindu students started calling the places where Muslim students gathered "the Gaza Strip" or "Pakistan."
"But I am Indian, too," Rubina said she wanted to tell them. She felt ashamed. Betrayed. Silenced.
Rubina Sandhi had settled in for a night of homework when panic swept through the narrow, congested alleys of her neighborhood.
It was Sept. 11, 2001. Television sets in the mosques, tea shops and market were beaming images of the World Trade Center engulfed in flames in New York. Five months later, Rubina's house was burning as Hindu mobs torched Muslim areas of her city, leaving thousands of people homeless. She remembers smoke hovering over Ahmedabad just as it had over New York.
With their few remaining possessions, Rubina's family members took refuge in a squalid relief camp and, several weeks later, moved into ramshackle housing on the edge of the city - where only Muslims lived and worked. "We felt like ghosts," recalled Rubina, who was then 12.
The rioting was among India's worst sectarian violence in decades, hardening divisions between the Hindu majority and the country's 140 million Muslims as hard-liners on both sides sought to exploit the tensions. Soon after the rioting, many young Muslims in Rubina's neighborhood started following stricter forms of Islam as imams fanned out into the region's poorest Muslim areas, some bringing with them Wahhabism, the fundamentalist form of Islam practiced in Saudi Arabia.
Some Indian Muslims even sought training in Pakistan to carry out acts of revenge in India, their version of violent jihad. For her part, Rubina chose a different struggle, determined to be a good Muslim and daughter as the community around her became more radicalized. She fought for the right to make decisions for herself, and she tried to find a way to voice her beliefs as a woman, as others around her were being silenced.
Her decisions would mirror those of many other young Muslim women in her city who entered adulthood in the aftermath of religious violence and the Sept. 11, 2001, terrorist attacks. She would be asked to compromise her dreams, and her commitment to Islam would be questioned.
Ahmedabad, a 600-year-old city in the state of Gujarat, has long been a vibrant historical center where religions aspired to coexist. It was the headquarters for Mahatma Gandhi's ashram and his peaceful freedom struggle and is celebrated for its Indo-Islamic architecture. Of the city's 5 million people, 11 percent are Muslim.
Before the riots, many Muslims in Rubina's neighborhood celebrated Hindu traditions. Yet tensions between Hindus and Muslims here often rose to the surface.
The violence in 2002 erupted after 59 Hindus were burned to death on a train as they were returning home from a pilgrimage site. Muslim extremists were blamed for the blaze, but the cause of the fire remains in dispute. In 2004, a government-appointed panel ruled that the train fire was an accident and not caused by Muslims.
Soon after the anti-Muslim riots, extremist imams started to gain more clout. Among them was a firebrand televangelist named Zakir Naik, whose weekly sermons are broadcast from Mumbai and Saudi Arabia. Thousands of young Muslims have been drawn to his powerful slogans, including his declaration that to defend Islam, "every Muslim should be a terrorist."
This more conservative brand of Islam became more acceptable, and it seemed to empower Muslim men in India. But it had the opposite effect on Muslim women. The imams and mullahs warned young women to stay indoors, to forgo higher education and to become dutiful mothers of as many children as God would give them. The children, they said, would replace the Muslims killed during the riots.
"The Hindu mobs who attacked us called us all terrorists. Then the mullahs wanted to take away our freedoms," Rubina said, adding: "Everyone felt confused."
A pervasive fear
Rubina's father, Mohammed Sandhi, had an eighth-grade education and a job selling incense sticks to Hindu temples. When he was a young boy, his grandparents had told him haunting stories about Muslim-Hindu tensions in the 1930s and rioting in the southern city of Hyderabad that forced the family to migrate to Ahmedabad.
Mohammed believed in the aspirations of a rising India. He had saved for years to move the family into a comfortable two-room home, and he hoped that his two children - Rubina and her older brother, Irfan - would be the first in their family to attend college.
But after the riots, Mohammed began to believe that his ambitions were naive, at least for Indian Muslims. "We thought that was the past, over, just our history. But after the 2002 riots, we worry every day that the violence could happen again," he said.
In the street just outside the family's housing complex, 69 people, mostly Muslims, were burned alive during the riots, the first and largest single massacre during the crisis, a federal investigation later found.
From there, fighting spread. Over the next two months, more than 200 mosques and hundreds of Muslim shrines were burned down, and 17 ancient Hindu temples were attacked, according to police and human rights workers.
Everything in Rubina's home was destroyed: childhood photographs, birth certificates, school records and land deeds.
The family left behind the charred ruins of their home for a relief camp, one of more than 100 that housed 150,000 Muslims after the riots.
The city slowly calmed, but acts of violence on both sides continued and people remained fearful.
Watching their parents weep, Rubina and Irfan grew angrier and more confused. "We never thought this could happen here," said Rubina's mother, Mumtaz Sandhi. "We thought we are Muslims. But we are also Indians."
Silencing women's voices
After several weeks in the camps, Rubina's family settled in Juhapura, a poor area on the western outskirts of the city where many Muslims moved from Hindu-dominated localities.
The neighborhood has some middle-class areas but is largely poor, and activists have fought for basic government services, including paved roads, a sewage treatment system and garbage collection.
During her teenage years, Rubina started to notice that her brother, like many young Muslim men, was growing more observant of Islam, more conservative, introverted. They had always been close, and tragedy had strengthened their bond. But their paths began to diverge as Irfan sought comfort and sanctuary in the strictures of Islam.
Rubina, like other young Muslim women, feared she would lose her freedom under those strictures. She resisted calls from increasingly conservative imams to wear a traditional black garment that covers the body and sometimes the face.
In Gujarat, more and more women suddenly started dressing more conservatively, often as a show of Muslim pride but also to ward off sexual advances and potential sexual violence.
Rubina's mother began covering her hair, and Rubina said Irfan soon told her that he preferred to marry a woman who dressed conservatively.
Around this time, Rubina met a social worker named Jamila Khan at a meeting for Muslim women concerned about the living conditions in Juhapura and profiling of Muslim men as terrorists. But Khan also spoke out against Muslim leaders intent on reeling in Muslim women, curbing the liberties enshrined in India's secular constitution. She described herself as an "Islamic feminist."
"It doesn't matter what our women were wearing," Khan told Rubina and her friends. "What is important is still having a voice. Islamic rigidity is silencing our most dynamic Muslim female minds."
Many of Rubina's peers were giving up on having a career and were marrying and starting families earlier. Instead of going to college to study business or medicine, many were taking up courses at nearby mosques that taught them to be good Muslim wives.
But as Rubina entered young adulthood, she said, she became aware of the hypocrisy among many of the imams. Although they preached that Muslim women should be homemakers, they sent their daughters to private schools and universities in Britain, Canada and the United States.
During her first and only year at college, a Hindu extremist group circulating on campus began warning Hindus against having friendships or romantic relationships with Muslims. Rubina said some Hindu students started calling the places where Muslim students gathered "the Gaza Strip" or "Pakistan."
"But I am Indian, too," Rubina said she wanted to tell them. She felt ashamed. Betrayed. Silenced.
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boldm28
01-29 02:54 PM
That is surely amnesia. What to say, one of my desi coworker who who got his citizenship recently has started "Why we need more people" . When asked about his case, "mine was different, because of y2k etc there were great demand around 1999-2000".
IT HAPPENS ONLY in INDIA(N) ORIGIN PEOPLE
IT HAPPENS ONLY in INDIA(N) ORIGIN PEOPLE
more...
Macaca
01-28 09:01 AM
Lou Dobbs does not present all facts. He presents facts to support his agenda; he is against legal immigration. He is NOT a news reporter. This is very obvious. Most balanced minds ignore his rants.
He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.
He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.
desi3933
07-11 12:12 PM
My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
more...
abracadabra102
01-03 07:01 PM
If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.
You summed up the entire Pakistani approach to terrorism beautifully. We have a problem. You won't cleanup your house and I can't live like you (with all these cockroaches coming from your house). I am afraid I may have to burn your house down. I may lose my house as well, but that is the risk I should be taking.
You summed up the entire Pakistani approach to terrorism beautifully. We have a problem. You won't cleanup your house and I can't live like you (with all these cockroaches coming from your house). I am afraid I may have to burn your house down. I may lose my house as well, but that is the risk I should be taking.
2010 images Cute Fairy Tattoo
paskal
04-09 12:24 PM
Why do you need to hire other person if Joe is fit f
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
i can only answer from a personal perspective.
that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
i can only answer from a personal perspective.
that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.
more...
pthoko
07-17 02:00 PM
Do you always get a NEW I-94 during auto revalidation or in some cases they allow to enter on the same I-94??
Do we have to tell them anything or do anything specifically to get a new I-94??
Do we have to tell them anything or do anything specifically to get a new I-94??
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deba
08-31 02:48 PM
This is hilarious........
http://odeo.com/episodes/7076453
Vactorboy29, thanks..this is funny as hell. However, I do agree with boreal that it seems a little made up. Nevertheless, just hilarious. I have forwarded this to all my friends. Hope they get a kick out of this one.
http://odeo.com/episodes/7076453
Vactorboy29, thanks..this is funny as hell. However, I do agree with boreal that it seems a little made up. Nevertheless, just hilarious. I have forwarded this to all my friends. Hope they get a kick out of this one.
more...
pns27
07-14 02:22 AM
Disclaimer: I am an EB3-Indian with a PD of Oct 2003.
Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?
Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"
I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.
To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
Hi kutra,
Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".
What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.
Here is my take on this EB1, EB2 and EB3.
Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.
By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.
If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.
Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.
I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?
Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"
I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.
To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
Hi kutra,
Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".
What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.
Here is my take on this EB1, EB2 and EB3.
Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.
By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.
If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.
Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.
I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
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nogc_noproblem
08-05 02:29 PM
A couple drove down a country road for several miles, not saying a word.
An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"
"Yep," the wife replied, "in-laws."
An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"
"Yep," the wife replied, "in-laws."
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DSLStart
03-23 10:08 PM
Man!!! thats getting nastier..
Best bet for you is to hire an attorney to come out of this trap.
Good luck!
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
Best bet for you is to hire an attorney to come out of this trap.
Good luck!
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
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lfwf
08-06 03:45 PM
According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
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ItIsNotFunny
12-17 03:11 PM
Looks like his initial intentions were not bad but discussion went on wrong direction.
Shanti! Shanti!
Marphad,
In the recent past, I have expressed my views about the same subject on this forum. I was very angry with what happened in Mumbai. The desire to fix the wrong has not gone away, but now that I look back, I regret some of the things I said at that time. My comments did not do any good and some of the coments offend few others on this forum. Those who felt offended by my comments are just as entitled to these forums as I am. I am not trying to be politically correct, just trying to say that it doesn't serves any purpose to dicsuss this issue on IV fourms.
Branding all people from a specific faith doesn't help in anyways. For too long men have fought because of religion and each such time was avoidable.
I do have a suggestion. To get some perspective, I suggest you watch the bollywood movie "New York", although I am not a big fan of bollywood movies.
Peace.
.
Shanti! Shanti!
Marphad,
In the recent past, I have expressed my views about the same subject on this forum. I was very angry with what happened in Mumbai. The desire to fix the wrong has not gone away, but now that I look back, I regret some of the things I said at that time. My comments did not do any good and some of the coments offend few others on this forum. Those who felt offended by my comments are just as entitled to these forums as I am. I am not trying to be politically correct, just trying to say that it doesn't serves any purpose to dicsuss this issue on IV fourms.
Branding all people from a specific faith doesn't help in anyways. For too long men have fought because of religion and each such time was avoidable.
I do have a suggestion. To get some perspective, I suggest you watch the bollywood movie "New York", although I am not a big fan of bollywood movies.
Peace.
.
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sroyc
08-06 10:34 AM
Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.
I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.
I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.
I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.
I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.
I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
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akkakarla
07-15 11:28 AM
Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D
You cannot make a definite conclusion that everyone come through Body Shops and Stay on Bench etc. There are many who came to do Masters and got good jobs on H1B. Because of few rare incidents you cannot generalise that everyone do the same. We Indians(atleast the indians I know) never felt that way of American economy will go to hell blah blah if we are not there. Maybe you feel that way then it shows your arrogance. We need to be careful not to dig grave by ourselves by posting or quoting rare incidents because Immigration Opposing people frequently visit these forums and take them as "Quote: An Indian Posted like this on that forum"
You cannot make a definite conclusion that everyone come through Body Shops and Stay on Bench etc. There are many who came to do Masters and got good jobs on H1B. Because of few rare incidents you cannot generalise that everyone do the same. We Indians(atleast the indians I know) never felt that way of American economy will go to hell blah blah if we are not there. Maybe you feel that way then it shows your arrogance. We need to be careful not to dig grave by ourselves by posting or quoting rare incidents because Immigration Opposing people frequently visit these forums and take them as "Quote: An Indian Posted like this on that forum"
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Beemar
01-01 03:14 PM
Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.
India Set to Launch 'Small War'
http://www.commondreams.org/headlines02/0531-01.htm
Delhi ups its war rhetoric
http://www.atimes.com/ind-pak/BA27Df01.html
US fears India may attack militant training camps in PoK
http://www.expressindia.com/news/fullstory.php?newsid=10507
India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
http://www.highbeam.com/doc/1P2-588205.html
Bush appeals to India, Pakistan to `draw back from war'
http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM
India, Pakistan shoot, talk of war
http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM
India Set to Launch 'Small War'
http://www.commondreams.org/headlines02/0531-01.htm
Delhi ups its war rhetoric
http://www.atimes.com/ind-pak/BA27Df01.html
US fears India may attack militant training camps in PoK
http://www.expressindia.com/news/fullstory.php?newsid=10507
India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
http://www.highbeam.com/doc/1P2-588205.html
Bush appeals to India, Pakistan to `draw back from war'
http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM
India, Pakistan shoot, talk of war
http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM
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ss1026
12-22 11:14 PM
Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.
Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.
See article. http://signal.nationalinterest.in/archives/madhu/63
Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm
We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.
Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.
See article. http://signal.nationalinterest.in/archives/madhu/63
Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm
unitednations
07-10 03:21 PM
UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
kinvin
02-25 06:06 PM
Lou Dobbs is the founder of the failed Space.com site. He might realize that he could not have even got the business started without Indian H1B's.
Had he run the business properly he would also have been a .com success story by now and would have been a key note speaker at Diwali and Navratri functions in NJ.
�I am a .com success story because of you hard working H1B�s�-------- Dobbs.
�But now I make a living by bashing them.�
Had he run the business properly he would also have been a .com success story by now and would have been a key note speaker at Diwali and Navratri functions in NJ.
�I am a .com success story because of you hard working H1B�s�-------- Dobbs.
�But now I make a living by bashing them.�
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