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  • walking_dude
    09-28 08:01 PM
    Obama presidency will be a positive experience or a negative, based on whether Sen. Obama chooses to show Leadership or panders to the extreme left-wing of his party.

    Obama has everything to gain from supporting the EB community. An example is the loyal following Pres. Clinton has developed with the Asian community through the passage of recapture in the American Competitiveness in the 21st Century Act. Passing pro-EB immigration bills will definitely create a pro-Obama community as he gets ready to run for the second term. Though these new Permanent Residents may not be having the vote, they can contribute generously to the Obama campaign legally.

    Obama campaign won't be able to bank on 'Hope and Change' for the second term. Contributors will be judging him based on what he has done for their community. As he faces the Republican money-machine these contributions from the grateful former-EB immigrants will create a safe avenue for funding.

    Helping EB immigrants will not hurt Obama with the labor unions and left-wing groups. Whatever be their gripes, they will not be voting Republican or contributing Republican for sure. Same cannot be said of EB immigrant community who can by and large go Republican, if they see Obama working to the detriment of their interests and the community. With Asian votes and more importantly being so crucial in NY/NJ and CA, If I were Obama I would think hard before supporting anything that can turn these communities against me, and my party for a long time given the uncertainties of politics. If past trends have been any indication EB immigrant community has always voted solidly Democratic. Last thing any sensible leader or party will do in democracy will be losing thousands of future voters likely to vote for them and/or their party.

    Obama can either create a lasting Legacy with this community.Or he can make them angry for life by pandering to the extreme left-wing of his party, who won't even remember the action come the next elections. I hope Obama makes a sensible choice for the greater good. But if the current Democratic party politics is any indication, I am skeptical. It is beyond my understanding why the Democratic party leadership is hell-bent on converting the pro-Democrat EB immigrant community into future reliable Republican voters, by consistently black-balling any bills that could help the community!

    Passing anti-EB immigrant measure will NOT help the Dems get any new votes that they already don't have. Dems may lose a few votes for short term -which I highly doubt - by passing Recapture and other pro-EB bills. But that loss will be more than offset by new grateful voters who will vote Democratic for a generation and may be more. I can only hope that common sense prevails, and Obama acts keeping the common interests of his party and EB immigrants in mind while acting on the issue, while getting ready to pack-up for Canada or India, if forced to do so by Sen. Durbins pet policies.





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  • reddog
    07-14 03:33 PM
    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.



    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.





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  • desi3933
    08-06 10:47 AM
    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

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

    ....
    .....



    Just FYI..

    One can NOT claim PD recapture based on spouse's earlier PD.

    Person can claim earlier PD only based on his/her earlier approved I-140.


    ______________________________
    US Permanent Resident since 2002





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  • texcan
    08-05 04:05 PM
    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

    I agree, I am no saint, i have my shortcomings; actually more than i would like.
    My point is please listen to others folks, and be nice.
    We really cant get anything done hereby arguing.



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  • Macaca
    05-01 06:10 PM
    Integrating immigrants (http://tribune.com.pk/story/160476/integrating-immigrants/) By Urvashi Butalia | The Express Tribune

    A few days ago, quite by chance, I happened to find myself at lunch with a member of the British political establishment. For a while, the conversation remained desultory and ranged over the usual subjects � India, economic growth, food, Indian business in Britain and so on. And then, suddenly, things began to heat up. We found ourselves talking about immigrant communities in the West. What began as a general discussion on whether and how immigrant communities �integrate� into the culture of the adopted country, turned specifically to discussing Indians and Pakistanis in Britain.

    Why was it, our host asked, that there was such a strong attachment to the home culture and, in many cases, such a resistance to integrating. In many places, he pointed out, immigrants even refused to learn the language of their adoptive country, in this case English, and this then meant that they could not move into the mainstream economic sphere, and they thus remained economically backward. He pointed to many stories he had heard, especially of Pakistanis, who could go through 16 years of schooling in Britain without learning English, or even showing a desire to learn it. And what mystified him even more was that these were not first generation immigrants who still carried the memory of the homeland with them, these were children born and raised in Britain, and for them there was no such memory to hold on to.

    The politician�s concern was quite genuine. How do you deal with your political constituencies if one set of them always elects to stay �outside�? But I�m not sure the reasons he gave � he pinpointed only the reluctance to learn the language � are adequate to explain what is increasingly becoming a problem in diasporic communities. For too long, migration, � or rather voluntary migration, when people go out in search of jobs or better lives � has been looked upon somewhat askance, especially if it is people from the erstwhile Third World countries moving to the so-called developed world. It�s almost as if, in seeking to improve their lives by going elsewhere, these people are doing something not quite right.

    This attitude towards immigrants holds both for the home country and the adoptive one � in one you are seen as a deserter and in the other as, at best, an unwelcome guest. So the onus of making yourself feel at home, of acquiring a new identity, of �integrating�, is put upon the immigrant. Whatever services the state provides seem almost to be given reluctantly, and are often accompanied by a discourse � not a state discourse but an independent one, which makes it that much more difficult to address � of resentment, anger, prejudice and, sometimes, just sheer envy. None of this encourages immigrants to try and integrate, rather it pushes them in the opposite direction.

    And then, if there�s already a community in existence, as there is virtually everywhere in England and America, you tend to remain within it, not seeking to enter a world that you feel is hostile to you. And you have to be driven to the wall to protest because protest means mobilisation, it means numbers, it means making yourself vulnerable, it means tackling the strength of an increasingly coercive state. Small wonder then, that most immigrant communities duck their heads and carry on doing their own thing.

    It isn�t only their relationship with the adoptive country that is problematic, but, especially for first generation immigrants, it�s very important to keep the connection with home, and to ensure that subsequent generations keep it too. This, as has often been seen, results in a somewhat static idea of what things are like at �home� and has also often led to a more dangerous phenomenon; the tacit support and the very real funding provided by diasporic communities to right-wing movements at home � there�s plenty of evidence of this and I don�t need to go into it here.

    But let me come back to our politician and his concerns. Why should South Asian immigrant communities in Britain be reluctant to learn English? There�s little doubt today that the world over, English has become the language of social mobility, and there�s a widespread desire to learn it. At home, in both our countries, as we know, institutes offering to teach English have sprung up everywhere and they are always fully subscribed. So what is it that holds Indians and Pakistanis in Britain back from this?

    My own sense is that we�re asking the wrong questions here. The question isn�t about whether people wish to learn English or not. Rather, it is much more about how immigrant communities are made to feel at home, about their rights and privileges, about their sense of self. One might just as well ask: What has the state done to help such communities integrate? Have Diwali and Eid for example, become part of the national calendar? Are there community centres and pubs and coffee places that are self-consciously and deliberately multicultural and that encourage people to sit together and talk? Have governments thought of new and innovative ways of ensuring that their �other� citizens have the same rights and privileges as their mainstream citizens, and that they know these rights belong to them?

    Dealing with difference isn�t always easy. Where do you draw the line? How far do you encourage and sustain difference and how far do you try to homogenise things? As the French move to ban the veil has shown, coercion is no answer. People have to be convinced of the logic and reason for change, they have to feel it works for them. How would it be if we insisted that foreign men in our countries had to wear either the dhoti or the awami suit? Much better, perhaps, to engage people in dialogue, to sit down and talk, and to find a solution that works for everyone. I�m not sure what message our politician took back to England with him, but it certainly wasn�t one that blamed communities for not integrating, instead it was one that looked at the question of integration as one from which both sides, if one can say that, gained.





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  • Macaca
    01-30 06:48 PM
    The article Round 2: H-1B Battle: American engineers vs. President Bush (http://www.computerworld.com/blogs/node/4480)! has the following paras.

    Lou Dobbs exposed a complete lack of enforcement of H-1B caps by the federal government for the last 2 years. According to the USCIS report, over 75,000 additional H-1B visas were issued above the cap during 2004 and 2005. He openly challenged Congressmen, Senators and the President to enforce our laws. He posed the questions:

    1) Why was the report released on November 20th, 2006, immediately after the last election?

    2) Why was his report not made available to the public?

    3) Why aren�t guest worker Visa caps being enforced?

    4) Why does neither Congress nor the executive branch fulfill their constitutional duties?

    These good questions lead to the bigger question of who is responsible for enforcing these laws?



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  • Administrator2
    04-08 07:22 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?

    We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.





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  • delax
    07-13 12:33 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.



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  • shantanup
    03-24 01:56 PM
    employment base immigration. It is not on your merits it is based on an employer needing you.

    Why on earth would an employer need me if I don't have merits?

    I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.





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  • h1techSlave
    04-15 02:57 PM
    I just want to list the difference in your home purchase decision when you have GC vs. you are in H1B/EAD.

    GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.

    H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home.



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  • EndlessWait
    07-14 08:14 PM
    Is IV endorsing this? Why immigrationvoice name is there in the bottom signature?

    EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.

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





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  • file485
    07-09 12:02 PM
    You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.

    However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.

    Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.

    The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.


    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..



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  • pitha
    04-08 05:43 PM
    Bill Preskal (I am not sure about the spelling of his name) is going to introduce a semilar bill in the house within the next few weeks. Seems like there is a well oiled machine which is stream rolling this.





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  • mirage
    08-05 08:05 AM
    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.



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  • SunnySurya
    08-05 12:12 PM
    With all due respect, just because few people don't like it is no reasons for getting this thread closed..
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.





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  • chintu25
    08-08 11:52 AM
    You MUST read them out loud

    1) That's not right ................................... Sum Ting Wong
    2) Are you harboring a fugitive?................. Hu Yu Hai Ding
    3) See me ASAP....................................... Kum Hia Nao
    4) Small Horse ........................................ Tai Ni Po Ni
    5) Did you go to the beach? ...................... Wai Yu So Tan
    6) I think you need a face lift .................... Chin Tu Fat
    7) It's very dark in here ............................Wai So Dim
    8) I thought you were on a diet ..................Wai Yu Mun Ching?
    9) This is a tow away zone .........................No Pah King
    10) Our meeting is scheduled for next week ..Wai Yu Kum Nao?
    11) Staying out of sight ..............................Lei Ying Lo
    12) He's cleaning his automobile ..................Wa Shing Ka
    13) Your body odor is offensive ....................Yu Stin Ki Pu

    :D



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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.





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  • Macaca
    02-25 05:40 PM
    Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.

    If the author is approachable, maybe an interview with him and some TV personality could be tried.

    Do a google search on Lou Dobbs H1B taxes. See how much crap comes out.

    There are some immigration article blogs that refer to statements made by Lou Dobbs. I want to respond with accurate references.





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  • unseenguy
    06-24 11:55 PM
    Why are be debating 3 - 4 years rent vs own? As the subject indicates "long" term prospects of buying a home..we of all the ppl should know the meaning of the word "long" based on our "long" wait for PD (which I think should be renamed to retrogress date because I see nothing priority about it)..the point being lets debate 10 years rent vs own..as against 3-4...I think over a 10 year timeline the buyers would come out ahead of the renters..maybe not in CA but in other states that's quite likely..

    I agree that over 10 years buyers "may" come ahead of renters but our question is will buyers of : 2009 come out ahead of 2010 buyers or 2011 buyers? Also is it worth taking a risk and wait 1-2 years given the state of economy and our GC in limbo.

    I have been paying rent since 2001 and my friends bought houses in 2004 & 2007. None at the moment think they are ahead of me due to their decision :) :p





    burnt
    04-01 02:24 PM
    Hello burnt
    From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about

    cheers

    Thanks For replying!. Just a little surprised as I was expecting an RFE for medicals, but the fact that USCIS personally calling my attorney just surprises me.





    Ramba
    01-29 10:06 PM
    Interesting to watch this video. How CNN and Lou is propagating false information and not airing how H1B system works. They think viewers are idiot. It may be true that USCIS might have approved more than mandated numbers. It does not matter. Even they can approve 1 million H1B petition. But everyone has forget one thing. One must verify how many actual new H1B visas are issued by the consulates (DOS) based on approved petitions and how many adjusted to H1B status from other non-immigration status in US. There are so many H1B visas denied by the consulates. CNN do not air that.

    Furthermore, there are so many cases in which more than 1 employer might have applied H1B visa for same person. It is legal. Finally the guy come to US thro one employer. Other approved petions are wasted in this case. They can not do labor subsitution in H1B like in GC.

    CNN is smartly hiding the actual facts.



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