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  • rshirodkar
    10-01 09:25 AM
    Hello folks,

    United States was and is a SHINING BEACON in the whole world. That was the reason that this GREAT COUNTRY attracted so many people from all over the world. People from all walks of like come here because they have a DREAM to make it BIG here. But looking at the state of affairs right now, it does not seem that this country will be the SHINING LIGHT that it used to be.
    I came to this country in 1999. For the last 10 years I have been residing legally, paying taxes. At the end of all this I just dont see things moving. I had lot of opportunities but I could not take them because of my status.
    Looking forward, I would sincerely hope that either of the presidential candidates look at the EB category people as legal residents.
    People are becoming impatient. Many of my friends went back to other countries since they are getting better opportunities. I personally feel that countries like Cananda, Australia with their immigration policies are attracting good quality talent. Also with the Indian and Chinese economy growing at more than 7% -8%, there is growth in those countries.
    I hope the next presidential candidate takes these things in consideration while working on the CIR bill.


    Rohit Shirodkar

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  • bfadlia
    01-06 12:57 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    I agree with you in principle..
    but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?

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  • nojoke
    04-30 02:37 AM

    Strap on your seat belts. This is going to be a rough ride...

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  • ganguteli
    03-24 09:16 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

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

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

    Right now;

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

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

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

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

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

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

    I have to agree with you. I am seeing some folks living in Utopia and think that they can ram their way through USCIS, Senators and congress and can easily get a bill. They think removing country caps is so easy. All you have to do is meet some lawmakers and ask them to bring a bill. Likewise some think that by sending spam emails anonymously they can get all immigration fixes done. Our population thinks it is very easy and there is no point spending any dollar to it. By sending annonymous spam emails everything will change. I have seen that we all conveniently blame IV if nothing good is happening. But we are keeping our eyes closed to the outside world.

    The reality you have told is different and people who have EAD think they do not need to care about it. All they care about is their own greencard. People on H1B think they already have a good job and a 3 year extension stamped on PP so they do not need to worry about new laws. Students think only about getting H1B through a consulting company so that they have an H1B and will worry about problems later. People on greencard do not care about people on EAD and H1 as they are out of it. ROW folks do not care for Indians as they think it is only Indians that are in trouble. Chinese do not care because they think they need to be anti-Indians because Indians are taking all the rollover greencards. So I guess we are all divided and fail to see.

    I am seeing so many denials and RFEs on H1B too and we people are all quiet. People who have EAD do not want to help people like me who have not filed I485 and make opportunities equal for everyone to stay secure.

    I think USCIS needs to start investigating all old cases that used substitute labor and cut the line. Once they start doing that a lot of people on this forum will panic. Likewise they must investigate all cases where people have filed greencards for company B and are currently working for company A and even after getting greencards never worked for company B. Revoke all their greencards and you will see lot of greencard holders coming to IV and willing to contribute and begging for help.

    So I guess unless people's houses are on fire, they will not do anything about the state of immigration problems of others.


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  • pitha
    09-26 06:49 PM
    You are not a citizen, you are not even a green card holder, you and I are H1, and whatever i said is from an h1 point of view. Dont think like a citizen or green card holder, think like a H1b and you will realize obama will roast us. with mccain it might be 4 more years of bush nothing good for eb but definetely nothing bad. The reason behind this thread is not to discuss socialism or capitalism in the general sense but through the lense of eb folks. Once we agree that obama\durbin CIR would spell dooom for us we can decide either
    1. We contribute to IV and put one last fight
    2. pack our bags and leave or
    3. waste our time arguing about capitalism and socialism in the general sense, argue about health care, jobs, etc etc etc when we dont even have a green card.

    This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.

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  • alien2006
    05-24 02:43 PM
    ... who to criticize for that day. His four favorties - India, China, Mexico and "this administration not doing anything"
    Note these four favorites, every program will have one or more of the above.

    But the one thing that really annoys the hell out of me is his really dumb polls. They are always biased to what he wants to proclaim - like 90% agree to this and 85% agree to this. Watch his polls regularly and you will understand.

    Anyways, thats the last from me about this guy.


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  • unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

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  • gcisadawg
    12-23 05:33 PM
    It seems there are enough pathetic liars who are propagating lies like "99% of terrorist are muslims" (ever heard of bodo, tamil tigers, Khalistan movement, BJP, VHP, SP?) , or about population of muslims in india... have you done a survey? Or perhaps the government deliberately cooked demographics to upease brahman dominance? It seems quite convincing reading your comments that a particular segmant of hindu group carries very deep hatred of muslims in them and propagate it by lies, murder and debauchary... wonder who you god(s) are, or is godse your god!

    Shuyaib bhai,


    Dude, don't get upset! There are terrorists from other faiths as you mentioned. Lets take last ten years. Put your hand on the heart, look around and when you hear/read about all those terrorist actions what do you think? Isn't it done in the name of Islam? If not 99%, a majority of terrorist acts are committed by Muslims in the name of Islam. It is easily above 51%, a technical majority. Is mentioning that Propaganda?

    Why did Mumbai happen? Why did Parliament happen? Why did Ashkardam happen? In all these cases the attack happened openly and security forces battled the terrorists. The people who pulled levers and initiated these actions did it neither for the sake of Islam nor for Indian Muslims, contrary to their claim. They have their own political calculations and Indian Muslims are used as a pawn in that game. Unfortunately, some Indian Muslims fall in that trap and help those perps in furthering their agenda. All in the name of Islam and protecting the 'interests' of Indian Muslims.



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  • nojoke
    04-15 10:44 PM
    Ok Dude, I will try just one last time, nobody is advocating buying a house when the market is bad. The question someone asked was is it ok to buy a house when I485 is pending, and the answer given was if he has found a very good deal, in a very good location and considering his situation if it is affordable then I485 should not be a hindrance. People who were still on H1 have bought a house when the market was good and they are doing well now. Some people who got GC might have bought a house just before the market came crashing down and they were plain unlucky. I myself bought a small affordable home when I had just my labor stage cleared. If when I bought this house the market was like this, I would not have bought but would have waited. Period.

    And for those who become nostalgic. I myself was bought up in a small house, it had only two rooms, I repeat, the whole house had just two rooms, nothing else. We had to share a toilet with 3 other houses of similar size, was I happy then?, Of course I was happy, I used to play cricket and other sports on the street with other kids with vehicles passing by once in a while. Is the situation same here?. No, but do kids here have other ways of having fun, oh yes. It doesn’t matter if the kid is living in an apartment or a house, all that matters is if he is having fun. Somebody came up with a strange logic that our love for our kids will diminish if we buy a house. If you have bought a decent, affordable house your love will not diminish, it will only manifold.

    I am not against renting, nor against people living in an apartment, I myself have lived in apartments before. I am against people who only want to save for god knows what, for people who are afraid to take small risks (for ex: buying a small home and not a mansion) when the market becomes good, they will ask you to prepare for the worst case scenario. They will say don’t buy a house because the sky will fall or don’t buy because the world will come to an end. Nothing is permanent here, not the job, not the location. You just have to take calculated risks. You just cannot console yourself saying you are from middle class and cannot do a thing, lift yourself up. If you want to buy a house but you are not doing it now because the market is bad, then I am not against you, so don’t jump on me.

    Dude - Since you did not point out the danger of buying a house in this economy(you and some others said go ahead and buy), I am pointing it. I will continue to point to the risk.

    And you are back to the point "housing is better than renting". Everyone has their own reasons to rent out or buy. I am not making a blanket statement that renting is good or buying a house is good. Where as you keep making the argument that renting is bad and buying house is good. We don't know the situation what one is in. Their jobs may be shaky. You just cannot say they made a mistake by renting. And some don't think not owning a house is a big deal. "Lift yourself up:(? (do you attend NAR seminars?)" - that is your view. Google and you will see that there are many who think buying house means wasting time maintaining.

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  • RDB
    03-24 03:40 PM
    And because of the huge population (of Indians), that 20% looks like a huge number!

    Isnt that true? If you are in the IT industry for the past 10 years you know it is true.
    We, Indians are the ones who has mastered the art of circumventing the H1B process and screwing up the job market. Fake Resumes, Fake References, not working in the state where you are approved, somebody appearing in the phone interview and somebody else showing up in the Face to Face interview and what not.

    I am not tainting the whole community here, and i am one of you. I agree that atleast 80% of us are Genuine, hardworking candidates. There are few chosen individuals(rest 20%) who did unethical & immoral things for their own good and we are the ones who are paying the price for this whole mess. You can chose to deny this fact and live in a world of denial.


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  • riva2005
    04-09 11:57 AM
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.

    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.

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  • Jerrome
    08-07 04:57 PM
    Waiter: I've stewed liver, boiled tongue and frog's leg.
    Customer: Don't tell me your problems. Give me the menu card.

    Gangster's son
    Q: What did the gangster's son tell his dad when he failed his examination?
    A: Dad they questioned me for 3 hours but I never told them anything."

    Wife : Do you want dinner?
    Husband : Sure, what are my choices?
    Wife : Yes and No.

    First guy (proudly) : "My wife's an angel!"
    Second guy: "You're lucky, mine's still alive."


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  • unitednations
    03-26 05:29 PM
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.

    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location

    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

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  • GC_US_64
    12-26 05:08 PM
    CNBC. They are also airing a programme on immigration at 8pm eastern.


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  • waitnwatch
    08-06 01:49 PM
    I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    Note that I have no personal gain from any of the above happening. :)

    ........ RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.

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  • gcisadawg
    01-07 04:39 PM
    Yes Nanavati commission found Madresa in Godhra was responsible!

    Congress Spokesman on Nanavati Commission

    “We are not surprised at all the findings. It cannot be called a bonafide investigation. The way the committee was set up, its tenure was extended, large numbers of witness, deposed expressed their disappointment it creates ample doubts on its findings,” said Shingvi.

    BJP Spokesman on U.C Banerjee Commission.

    “It has now been proved that the truth has come out. Banerjee had rushed to its findings without taking into account other facts. It was ill-prepared and ill-conceived. UPA has even tried to prove that the burning of Sabarmati coaches were indeed an act of mass self-immolation by the karsevaks. Lalu Prasad yadav had also tried to prove it as accidental.”

    “However, these findings has vindicated that it was not accidental. We now request any further proceedings should now be taken taking Nanavati Commission’s findings into account,” said Prakash Javedkar.

    Meanwhile, The Supreme Court on Tuesday granted time till December 31 to the R K Raghavan Committee to complete the probe into the Godhra train burning incident.


    The bottom line: We have all kinds of report. Nobody knows which is closer to the truth. What would a common man do?


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  • RNGC
    10-01 06:33 PM
    I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.

    We may need to hold another massive rally in DC to highlight our cause.

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  • rajuram
    07-13 02:35 PM
    Lets not worry too much about the contents of the letter. The purpose is getting their attention and also to show how many people are affected. EB3s please write this letter, ask your friends, family etc...

    Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
    Subcommittee on Immigration, Citizenship, Refugees, Border Security
    and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)

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  • Macaca
    02-15 10:37 AM
    First 2 paras from Justice Official Bought Vacation Home With Oil Lobbyist (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/14/AR2007021401913.html), By Susan Schmidt and James V. Grimaldi, Washington Post Staff Writers, Thursday, February 15, 2007

    A senior Justice Department official who recently resigned her post bought a nearly $1 million vacation home with a lobbyist for ConocoPhillips months before approving consent decrees that would give the oil company more time to pay millions of dollars in fines and meet pollution-cleanup rules at some of its refineries.

    Sue Ellen Wooldridge, former assistant attorney general in charge of environment and natural resources, bought a $980,000 home on Kiawah Island, S.C., last March with ConocoPhillips lobbyist Don R. Duncan. A third owner of the house is J. Steven Griles, a former deputy interior secretary, who has been informed he is a target in the federal investigation of Jack Abramoff's lobbying activities.

    08-05 02:37 PM
    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.

    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.

    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.

    I am not taking sides here, but it is not a question of "smarter". I have a simple question. Do years spent doing MS/PhD have no value? They count for nothing in PD. On the other hand a person with a BS accumulates 5 years in the same time and ports. Now he/she is a full 5 years ahead of the one that pursued the education route. Fair?

    I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.

    So let me come to the point, question for OP. Are you against all porting? Or only against porting based on lack of qualifications for an EB2 job originally- then porting 5 years later based on the additional experience alone?

    BTW I resent the insinuation that 1% of EB2s are genuine. The same can be said of many many EB3s- remember the qualifications required are much lower.
    I also resent the idea that all US Masters folks are just "rich kids". Most people work through the degree and/or take loans. Please don't start making needless statements. If you had a masters originally and your job qualified as EB2 but your company refused- I feel for you, I really do. There should be a solution to your problem. That does not mean that those who did get EB2 were all suddenly not "genuine".

    Also I want to clarify something- this is purely objective now. Yes GC is for a "future job" but folks are over reaching with some of the arguments. In order to get an EB2 (or EB3) for this "future job- you either have to show current employment with the sponsor OR show the job offer qualifying for that category at the time you apply. The "future job" cannot be a nebulous idea that you make concrete at a later time.

    08-08 12:41 AM
    Wonderful thread... keep it flowing folks... :)

    here are some yogi's quotes:

    "This is like deja vu all over again."

    "You can observe a lot just by watching."

    "You've got to be very careful if you don't know where you're going, because you might not get there."

    "If you don't know where you are going, you will wind up somewhere else."

    "You better cut the pizza in four pieces because I'm not hungry enough to eat six."

    "Baseball is 90% mental -- the other half is physical."

    "If you come to a fork in the road, take it."

    "I made a wrong mistake."

    "Nobody goes there anymore; it's too crowded."

    and now the best one...

    "I didn't really say everything I said."

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