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  • Rolling_Flood
    08-05 09:03 AM
    If you don't like my stand, fair enough.
    Neither you nor anyone else can stop me from taking legal counsel on this issue and going to the courts if i feel this porting thing is illegal in a sense.

    Please refrain from making cheap remarks like the ones you made towards the end of the post. They serve to highlight your issues more than mine. I am content with the EB2 folks who have already PM-ed me and we will, for sure, take this forward.

    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.

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF.

    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 EB2. 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 / process, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'?

    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.




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  • desi3933
    07-12 10:33 AM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regularly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    There are some serious issues here.

    You got 29k salary for 2 years and still maintain that you had valid status for these 2 years.

    I suggest you consult a good attorney.

    ______________________________
    Not a legal advice.




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  • bhatt
    06-05 09:41 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    My advice don't buy just for the 8k tax benefit. The reatlors main weapon is this 8k tax credit now. In NJ/NY it is less than the property tax u r paying for one year. In other places with less house prices it may be good.




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  • Refugee_New
    01-08 03:58 PM
    Refugee_New,

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

    Thanks,

    Administrator2

    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.



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  • alterego
    07-13 10:03 AM
    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

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




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  • niklshah
    07-14 08:49 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.

    guys this rolling flood guy does not look like any of us in queue of green card..he is just here to put some oil in stupid fire started here...Beware of him.....



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  • sledge_hammer
    06-25 04:03 PM
    You are wrong my friend. Not all rich people pay cash for their homes. Read this - Celebrity Foreclosures - Forbes.com (http://www.forbes.com/2009/06/02/gotti-canseco-dykstra-foreclosures-business-celebrities.html)

    And who was rich first and does not consider his house as an investment!




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  • chanduv23
    03-24 02:14 PM
    I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

    Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

    Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

    In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

    Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

    USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

    I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

    If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

    eb3 versus eb2
    permanent jobs versus consulting
    country quota, etc.

    The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


    btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

    Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.

    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.



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  • SunnySurya
    12-18 10:22 AM
    Nobody went to Mohammed Atta's house to destoy his building. They were the ones who crashed into the world tower.
    Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.




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  • BMS
    07-11 10:09 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94



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  • sk2006
    06-05 02:41 PM
    ...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.


    Infact many SAW it coming..

    In 2005 when every body I knew, was buying houses to avoid being 'Priced out' of the housing market, I too thought of buying. So I started to do some reading on the world wide web. I realized that many bloggers and experts are warning people of the bubble and warning of a hard crash coming and they supported their claims with data!

    Such people were not heard and covered by main stream media like CNN or CNBS channel.

    Most people I know talked to their wives or real estate agents and bought houses.




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  • senthil1
    04-07 10:20 AM
    Under what provisions they will make H1b harder? Main test H1b can be hired when there is no US worker is available. That is reasonable. Today's situation it is easy to prove that no USA worker is available. Some restrictions will make TCS and Wipro to hire US workers(If you get gc you are US worker) with market pay also apart from H1b. The companies which will run completely on H1b will not grow. Only bad economy H1b persons cannot be hired. Because of this law H1b hiring may be reduced by 50%. But I think bill may not get much support. But some point of time may be after a few years it will come(may be they may stop completely H1b) as H1b hiring is in so crazy level. It is better to control now by some way instead of getting backlash after some years. Now most of H1b persons are having view that US citizens are lazy and lethargic and not employable. That is not true. Most of Desi companies are following law. But some sections of law is making mess so it needs to be corrected.
    It’s very easy and hip to blame everything in this world on desi companies but they are not completely to blame here. Consider this scenario. They are two ways to get H1,
    1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
    2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.

    Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.

    Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.

    The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.



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  • sledge_hammer
    06-23 12:38 PM
    I don't believe the housing market slump will last more than 3 years!

    --------------------------------------------------------------------------------------------------
    Echo boomers a lifeline for embattled U.S. housing | Reuters (http://www.reuters.com/article/ousiv/idUSTRE55L0AO20090622)

    NEW YORK (Reuters) - The children of baby boomers will eventually resuscitate the pummeled U.S. housing market, Harvard University said on Monday, but in the meantime, limits on income and credit are sustaining the three-year bust.

    The highest unemployment in almost 26 years, record foreclosures and rigid lending threaten to overcome emerging home sales progress despite unprecedented efforts by the Obama administration, Harvard's State of the Nation's Housing 2009 report said.

    Echo boomers, the children of the post-World War Two baby boomer generation, offer a massive source of support for housing, the study said. The generation is entering the peak home buying and renting ages of 25 to 44 and numbers over five million people more than did their parents' record-sized group in the 1970s.

    "Echo boomers are larger than the baby boomer population. Couple that with immigration and you have the seeds, the possibility of a housing recovery," Nicolas Retsinas, director of Harvard's Joint Center for Housing Studies, said in an interview.

    The group will bolster demand for the next 10 years and beyond, supporting the sagging housing market even if immigration drops, the study said.

    The challenges are myriad, however, said Retsinas, a widely followed housing industry expert and former senior official in the Department of Housing and Urban Development.

    "We have to find a way to stabilize housing finance in this country," he said.

    A healthy housing market is integral to a growing economy. In the current cycle, the housing crash has propelled the economy into its longest recession since the Great Depression. Jobs lost to the recession have derailed any housing recovery.

    "Seedlings of the housing recovery have to come through this thicket of job losses and foreclosures," Retsinas said. "The housing market has not seen these challenges for over 60 years."

    Mortgage rates have risen from all-time lows in the past two months despite massive government steps to keep them down.

    Foreclosures escalate as federal efforts to keep borrowers in their houses cannot keep pace with loan failures caused by job losses or punishing home price erosion.

    THIN SILVER LININGS

    Home sales have started to pick up, thanks mostly to a first-time buyer tax credit this year of up to $8,000 and demand for foreclosure properties at bargain-basement prices.

    "While we do see some signs of stabilization, you can barely see those silver linings," Retsinas said.

    The lending pendulum swung vastly after the unsustainable five-year record home price surge early this decade. Lenders clamped down after lax conditions spawned record home sales and then fueled the torrent of foreclosures.

    Now, more than 85 percent of mortgage loans are created through the government and its agencies. Private lending companies either shut down or slammed on the credit brakes to prevent a repeat of major losses on flawed loans.

    What happens to mortgage availability currently rests in the hands of the federal government, the report said.

    But Retsinas noted: "Eventually you want a sustainable credit system, and that has to include private capital."

    The share of minority households, hurt most in the housing crisis, will rise to 35 percent in 2020 from 29 percent in 2005, the study projected. Those households typically have lower average incomes and wealth, and higher unemployment.

    In Cleveland, Boston and Washington, DC, price declines at the low end of the market through December were more than twice those at the high end in percentage terms, while in San Francisco they were nearly three times greater.

    Real median household incomes in all age groups under 55 have not risen since 2000, the Harvard study said. For the first time in at least 40 years, there is a chance that median household income will end the decade lower than where it started.

    The severity of the recession could hold incomes down for years.

    "The number of households that were severely cost-burdened -- people paying over 50 percent of their income for housing -- has grown dramatically," Retsinas said. The number spiked by 30 percent to 17.9 million between 2001 and 2007, the most recent data available.

    "The reality is that it's not just the cost of a house, but it's how much you make," he said. "Of course as people struggle with their jobs, as they lose that second job, they lose that overtime, their income drops make it more difficult to pay."

    Echo boomers will expand the number of needed housing units. But they also likely will enter the housing market with lower real incomes than people the same age did a decade ago, the study said.

    "While fundamentally we see what could be the foundation for long-term recovery, we still have to get through today's challenges," said Retsinas.




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  • texcan
    08-05 01:13 PM
    I only read a few posts, but seems like there a lot of moral blasting and blame game going on.

    I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.

    I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.

    Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".

    Folks,
    Please donot kill each other ...let people speak, this is least we can do for each other.
    We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
    Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)


    Our focus should be on purpose and not get frustrated by process.



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  • go_guy123
    07-28 03:37 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.

    yes its a NO NO for any amnesty...things will get better once skilled immigrants can seprate from the illegal immigrant lobby. Thats what happened in 2000




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  • waitnwatch
    05-31 05:56 PM
    It's time he got some free counseling through his "Employee Assistance Program" for stress and anxiety. Somehow this guy comes out as comic - except it feels that he is about to have a nervous breakdown. By the way I wonder what FoxNews' take on legal immigration is. Some CNN folks move to Fox but I doubt whether Lou stands a chance.

    By the way - Lou's turning out to be the biggest stress relief for us.

    :D :D :D :D :D :D :D :D :D :D :D :D



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  • paskal
    04-09 11:59 AM
    As is true with everything else it cannot be all gain.
    If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.

    i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?




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  • gc28262
    09-26 01:07 PM
    I wish there was a rule not to pay any taxes till we the GC , that will change a lot doesnt it .


    Along with our efforts here, we should push Indian gov for the social security deal with US.

    Once the deal is done, potential EB immigrant leaving the country with all his/her social security deposit will make everyone in this country rethink about being harsh on EB immigrants.




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  • chanduv23
    03-24 04:32 PM
    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.

    it can be for Physicians, professors, reseaerch, teaching etc..




    NKR
    04-14 04:10 PM
    Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing).

    but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing).


    Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work.
    I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.




    Rolling_Flood
    08-05 07:23 AM
    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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