nk2006
09-29 05:10 PM
Whoever the president is - Obama or McCain - our/EB immigrants fate is more in the hands of congress.
I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.
The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.
I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.
The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.
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JEESEE
04-01 03:20 PM
My wife got same RFE asking for her medicals to be done as we couldnt do it at the time of 485 Filing. My Wife was expecting when we went for the Medical so the Doctor didnt give her the vaccines. our PD is Oct 2006.
Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.
Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.
Macaca
02-20 10:20 AM
Some paras from A Few Degrees of Separation From Hillary Clinton's Top Adviser (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/19/AR2007021900972.html), By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Please send e-mail tokstreet@washpost.com
Mark J. Penn is a man who wears many hats: high-paid political and corporate pollster, chief executive of an international communications and lobbying company, and chief strategist to New York Sen. Hillary Rodham Clinton's bid for the Democratic presidential nomination.
Enough connections for you?
Well, there are more. Penn's firm, Burson-Marsteller Worldwide -- with 2,000 employees and $300 million a year in revenue -- owns BKSH & Associates, the major lobbying firm chaired by Charles R. Black Jr. That's right, Black, counselor to Republican presidents, reports to Clinton's top strategist.
The connections get even more entangled. Burson-Marsteller is a subsidiary of WPP Group, a London-based advertising and PR giant that owns many of the biggest names on K Street. These include Quinn Gillespie & Associates, Wexler & Walker Public Policy Associates, Timmons & Co., Ogilvy Government Relations Worldwide (formerly the Federalist Group), Public Strategies Inc., Dewey Square Group and Hill & Knowlton.
To be more precise, Penn's parent company employs as lobbyists and advisers an ex-chairman of the Republican National Committee (Edward W. Gillespie), a former House GOP leader (Robert S. Walker), a top GOP fundraiser (Wayne L. Berman), and the former media adviser to President Bush (Mark McKinnon).
WPP's Democrats are just as well known. They include an ex-aide to President Jimmy Carter (Anne Wexler), an ex-aide to President Bill Clinton (Jack Quinn), an ex-Cabinet officer for Clinton and Bush (Norman Y. Mineta), and a former top presidential campaign adviser for Al Gore and John Kerry (Michael J. Whouley).
The range of interests represented by these people is a staggering list of corporate America's who's who, with Penn himself a longtime adviser to Microsoft.
"This is a classic example of how big money has inextricably intertwined the campaign advising and lobbying worlds of modern-day Washington with potential conflicts of interest all over the place," said Fred Wertheimer, president of Democracy 21, a watchdog group.
Mark J. Penn is a man who wears many hats: high-paid political and corporate pollster, chief executive of an international communications and lobbying company, and chief strategist to New York Sen. Hillary Rodham Clinton's bid for the Democratic presidential nomination.
Enough connections for you?
Well, there are more. Penn's firm, Burson-Marsteller Worldwide -- with 2,000 employees and $300 million a year in revenue -- owns BKSH & Associates, the major lobbying firm chaired by Charles R. Black Jr. That's right, Black, counselor to Republican presidents, reports to Clinton's top strategist.
The connections get even more entangled. Burson-Marsteller is a subsidiary of WPP Group, a London-based advertising and PR giant that owns many of the biggest names on K Street. These include Quinn Gillespie & Associates, Wexler & Walker Public Policy Associates, Timmons & Co., Ogilvy Government Relations Worldwide (formerly the Federalist Group), Public Strategies Inc., Dewey Square Group and Hill & Knowlton.
To be more precise, Penn's parent company employs as lobbyists and advisers an ex-chairman of the Republican National Committee (Edward W. Gillespie), a former House GOP leader (Robert S. Walker), a top GOP fundraiser (Wayne L. Berman), and the former media adviser to President Bush (Mark McKinnon).
WPP's Democrats are just as well known. They include an ex-aide to President Jimmy Carter (Anne Wexler), an ex-aide to President Bill Clinton (Jack Quinn), an ex-Cabinet officer for Clinton and Bush (Norman Y. Mineta), and a former top presidential campaign adviser for Al Gore and John Kerry (Michael J. Whouley).
The range of interests represented by these people is a staggering list of corporate America's who's who, with Penn himself a longtime adviser to Microsoft.
"This is a classic example of how big money has inextricably intertwined the campaign advising and lobbying worlds of modern-day Washington with potential conflicts of interest all over the place," said Fred Wertheimer, president of Democracy 21, a watchdog group.
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rimzhim
02-02 01:23 PM
this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)
[edit] Taxation status of H-1B workers
H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.
[edit] Taxation status of H-1B workers
H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.
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anurakt
12-26 07:21 PM
when was this news ??
NKR
04-14 04:40 PM
If you had said your child needs personal space, then it would be different. In this case you are talking about older kids. Most of us have kids younger than 5 years old.
Probably my wording was wrong, but I am glad you got my point.
It is not only the kids, if your parents wants to live with you for 6 months, you know what you are getting at. Anyways, since we have diverted the topic of the thread, I do not want to deviate any further. I am resting my case.
Probably my wording was wrong, but I am glad you got my point.
It is not only the kids, if your parents wants to live with you for 6 months, you know what you are getting at. Anyways, since we have diverted the topic of the thread, I do not want to deviate any further. I am resting my case.
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chandlerguy98
09-26 12:39 PM
I know CIR was not very friendly.I do not beleive the CIR that comes up next year would be the same exact CIR as 2007. Because we have had varied versions of CIR from 05,06&07. I believe the CIR 09 will be much more friendly to us.even look at CIR 2007, sec 502,503, it increases EB quota to 450K and increases per country cap and Also has provisions for visa re capture. Also i dont think CIR 2009 will be written by Durbin. CIR 07 was mainly written by Kennedy not Durbin. I know Durbin hates H1&EB but i believe he is a minority opnion in a majority of democrats. so dont loose hope..Also what Obama during last CIR was an election ploy..We know mccain in his heart is friendly towards immigrants, but to win republicans he is showing he is tough on immigration. The same way with obama, to please labor unions, he put a show during CIR 07. I personally feel none of this matters when they become presidents, they will govern with majority opinion. I dont think majority opinion hates EB&GC. Heck dubya was against nation building when he ran for president and now he stuck with rebuilding irag for years to come.
2010 Hello Kitty in Teal - cat,
paskal
04-09 11:50 AM
Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
given you find someone's opinion distatsteful, yours is no better. unneeded hostility and provocation help no one. please chill out. everytime something new comes up we are at each others throats. there are better ways to express yourself than personal attacks. i sympathise with your viewpoint but your attitude make me want to run far away.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
given you find someone's opinion distatsteful, yours is no better. unneeded hostility and provocation help no one. please chill out. everytime something new comes up we are at each others throats. there are better ways to express yourself than personal attacks. i sympathise with your viewpoint but your attitude make me want to run far away.
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hopefulgc
07-13 12:58 PM
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
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.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
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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chanduv23
04-13 01:40 PM
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.
In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.
Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.
As long as you declare income and pay taxes, this is not a grey area.
Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.
In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.
Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.
As long as you declare income and pay taxes, this is not a grey area.
Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.
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bobzibub
01-07 05:54 PM
All communists (left) people cannot digest happenings in the new world. Communism & its extremists are a cancer in the last century, by God's grace is over. Now Islamic terrorists are the new avatar. Their fate will be same as communists. This guy get money to write article and book for them,
"extremists are a cancer"
"extremists are a cancer"
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desi3933
08-06 09:11 AM
....
....
....
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Someone (Rolling_Stone is that you?) gave me red dot with this remark
yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE
Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
BTW you are a coward who does not guts to reply with your ID.
Yes, I agree, getting thru JEE is good but it is no big deal.
Rolling_Stone -
Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D
You are a real CKD (if you are an IITian then you should know what it means).
....
....
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Someone (Rolling_Stone is that you?) gave me red dot with this remark
yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE
Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
BTW you are a coward who does not guts to reply with your ID.
Yes, I agree, getting thru JEE is good but it is no big deal.
Rolling_Stone -
Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D
You are a real CKD (if you are an IITian then you should know what it means).
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mariner5555
03-23 10:23 PM
This whole GC process is unpredictable. Don't waste ur life for it. Do whatever u think is best for you. It will be America on the loosing side if they deny u the GC after u have bought the home.
it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
http://immigrationvoice.org/forum/showthread.php?t=17986
it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
http://immigrationvoice.org/forum/showthread.php?t=17986
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ssa
07-13 10:59 PM
I agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...
On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..
On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..
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axp817
03-26 05:50 PM
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.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
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.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
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LostInGCProcess
01-07 05:28 PM
Anyway, i'll sign off and i won't post any more message in this thread again.
On page 8 or 9 you said you would not post any more message and still you continue to post !!!! Don't say anything that you can't keep up with.
On page 8 or 9 you said you would not post any more message and still you continue to post !!!! Don't say anything that you can't keep up with.
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sc3
08-05 06:48 PM
Here we go again. EB2 is fraud, they are all really EB3, but guess what? All the bright EB3s are really EB2, they are all suffering needlesly. Right?
Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.
How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".
Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.
I dont know whom you are responding to but...
So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.
Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.
Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.
Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.
How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".
Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.
I dont know whom you are responding to but...
So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.
Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.
Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.
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xyzgc
12-22 11:31 PM
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
That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.
I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.
There are several issues in Indian society. We are not denying it.
What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.
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
That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.
I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.
There are several issues in Indian society. We are not denying it.
What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.
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NKR
03-25 02:32 PM
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
2. I hear about tax rebate for homeowners. But what about property tax?
3. What about mortgage insurance payments?
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.
Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.
As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
2. I hear about tax rebate for homeowners. But what about property tax?
3. What about mortgage insurance payments?
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.
Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.
As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.
satishku_2000
05-16 06:30 PM
It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.
And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.
It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.
What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?
I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.
And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.
It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.
What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?
I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.
mrajatish
04-08 11:39 PM
I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.
1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?
2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?
These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:
1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.
2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).
And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.
1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?
2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?
These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:
1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.
2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).
And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.
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