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  • NKR
    07-14 09:48 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy.

    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn�t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let�s just prove him wrong.

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  • suavesandeep
    06-25 01:32 PM
    I guess i am old school. I like to live within my means and own things in the true sense of owning. Read a lot about leveraging and know if not used correctly you get into financial meltdown we have now.

    I know really smart people make lot of money using this leveraging model. I wish you the best and hope you own 10 homes so that you can donate some to your grandchildren also.

    I will be happy owning one home. And hope to repay it off quickly so i dont have any BANK to answer to. Having a peace of mind that one day when i pay off the home nobody can kick me off my home for any reason is PRICELESS to me.

    Owning 10 homes so that you can donate to your grandkids may be PRICELESS to you. I wish you the best.

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  • GCmuddu_H1BVaddu
    01-03 10:36 PM
    Tell us how the world should understand this attack on Mumbai, Genius.

    What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.

    Regarding, that was not a war against terrorist in the beginning. Now it is.

    Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.

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  • xyzgc
    12-22 03:16 PM
    Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
    Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.

    BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.

    The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.

    Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.

    Publicity is a good potent weapon, I agree.


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  • pointlesswait
    08-05 10:38 AM
    here is another point:
    if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..

    the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC fact ppl.

    i am sure ..after oct they will offer some relief to Eb3 category...

    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

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  • ns33
    07-13 12:20 AM
    Great Job - Thanks for taking initiative... everyone please pitch in.


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  • hpandey
    06-26 04:14 PM
    Have you accounted for the increase in rent (not rent controlled) every year? Mortgage on the other hand is fixed for 30 years!

    I agree.. a 1500$ rent might be a 3000$ rent 30 years from now .

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  • unitednations
    08-02 06:58 PM
    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.

    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.


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  • nogc_noproblem
    08-05 12:49 PM
    I was recently riding with a friend of mine.
    We were coming to a red light, and he shoots right through it. I ask him, "Why'd you do that?" He tells me this is how his brother drives.

    We come to another red light, and again, he shoots right through it. I ask him, "Why'd you do that?" Again, he tells me this is how his brother drives.

    We come to a green light, and he SLAMS on the brakes. My heart nearly goes into my throat. I shouted at him, "Why'd You Do That?!"

    He replied, "You never know, my brother could be coming the other way."

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  • anandrajesh
    03-25 05:06 PM are right..

    but dont know... I am going by hunch..I hope not to regret..:)

    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.


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  • ilwaiting
    06-01 09:00 AM
    I'm confused in the first place, How a public telivision channel like CNN allows to air this show. I'm sure there would have been stuanch critizicism for this show even in the political arena. His offending and never ending seemingly senseless talk on immigration aims at the Congress and even President on their reforms. Agree that we are in a world of freedom of speech but this is crossing the limits.

    The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.

    The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.

    Read the smart Einstein-like man's column here:

    The whole world is crazy except me (

    I will post my own editorial on his editorial on CNN, once I get a minute. In the mean time, seriously, take a drink or two before you read this contribution from Lou Dobbs.

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  • dpp
    05-16 11:06 AM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    These are all base-less statements.

    H1B program in not just designed for lazy full-time in-house foreign nationals. If an employer who can pay minimum wage (or more) given by DOL, they can recruit H1 and sponsor the visa.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.

    May be some are abusing the law, but you have no right to say all of them are like that. Good and Bad will be there in any field/society/law. So, for that do not blame everybody working in that.

    I know several full-time H1Bs working in-house , but depends on outside consultants to do each and every work and they take the salary every month for doing nothing. So, with that i cannot say all full-time H1Bs are lazy and don't update their skills. There are exceptions to everything.

    Consultants are not like that, they work hard every hour and get paid just for the time they worked.

    Do not start the argument of dividing H1Bs. If you want, goto anti-immigrant sites and join with them. They will ditch you too someday.

    Support IV.


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  • yibornindia
    08-05 12:11 PM
    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.


    Hey Bro! Think of you this way.

    You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.

    You are stopping others from entering in your line, to get GC faster. :p

    Ultimately you both are the same.

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  • Macaca
    05-02 05:32 PM
    America is bleeding competitiveness ( By Vivek Wadhwa | Entrepreneur Corner

    With anti-immigrant sentiment building across the nation, and clouds of nativism swirling around Washington, D.C., skilled immigrants are voting with their feet. They are returning home to countries like India and China. It�s not just the people we are denying visas to who are leaving; even U.S. permanent residents and naturalized citizens are going to where they think the grass is greener. As a result, India and China are experiencing an entrepreneurship boom. And they are learning to innovate just as Silicon Valley does.

    Some call this a �brain drain� others say it is �brain circulation.� It is without doubt, good for these countries and it is good for the world. But this is America�s loss: innovation that would otherwise be happening here is going abroad. Without realizing it, we are exporting our prosperity and strengthening our competitors.

    There are no hard data available on how many skilled immigrants have already left the U.S. My estimate is that 150,000 have returned to India and China, each, over the past two decades. The trend has accelerated dramatically over the past five years; tens of thousands are now returning home every year. Most authorities agree with these estimates. For example, the Chinese Ministry of Education estimates that the number of overseas Chinese who returned to China in 2009 having received a foreign education reached 108,000: a sharp increase of 56.2% over the previous year. In 2010, this number reached an all-time high of 134,800 (a significant proportion studied in the U.S.).

    Why is this important? Because, as research conducted by my team at Duke, UC-Berkeley, Harvard, and New York University has shown, 52.4% of all startups in Silicon Valley, from 1995 to 2005, were founded by immigrants. With all these immigrants leaving, and the next generation of foreign-born entrepreneurs trapped in �immigration limbo,� we won�t have as many immigrant founded startups in the future. The xenophobes who are lobbying against skilled immigration will cheer; but there won�t be more jobs for Americans; just less startups in the U.S. and more abroad. The U.S. pie will be smaller.

    My team researched the backgrounds of immigrant founders, and the U.S. immigration backlog. We learned that the majority came to the U.S. as students; 74% held graduate or post graduate degrees, of which 75% were in science, engineering, technology, or mathematics. On average, immigrants started their ventures 13 years after entering the U.S.

    During the last twenty years, we admitted record numbers of international students and highly educated foreign workers on temporary visas. But we never expanded the number of permanent resident visas that allow them to stay permanently. The result is that we have a backlog of more than one million skilled workers�doctors, scientists, researchers, and engineers, who are trapped in immigration limbo. They are working for the same companies and doing the same jobs as when they filed their paperwork for gaining permanent residence; this may have been 10-15 years ago. A foreign student who graduates with a masters or PhD in engineering from Duke or Stanford and joins the queue today will have to wait 10-20 years, perhaps longer, to gain permanent residence. They can�t start companies or progress their careers during the most productive period in their lives. Why would anyone put up with that?

    Indeed, a survey we conducted of 1,224 foreign nationals who were studying at U.S. universities in 2009, or who had just graduated, revealed that they believed that the U.S. was no longer the destination of choice for professional careers. Most did not want to stay for very long. Fifty eight percent of Indian, 54% of Chinese, and 40% of European students said that they would stay in the U.S. for at least a few years after graduation if given the chance, but only 6% of Indian, 10% of Chinese, and 15% of European students said they want to stay permanently. The largest group of respondents� 55% of Indian, 40% of Chinese, and 30% of European students�wanted to return home within five years. This is very different than what used to be the norm in previous decades: the vast majority of Indians and Chinese stayed permanently.

    Our surveys, in 2008, of 1,203 Indian and Chinese immigrants who had worked in or received their education in the U.S. and returned to their home countries revealed that although restrictive immigration policies had caused some returnees to depart, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life. The move home also served as a career catalyst. For example, only 10% of the Indian returnees held senior management positions in the U.S., but 44% found jobs at this level in India. Chinese returnees went from 9% in senior management in the U.S. to 36% in China. The vast majority thought that quality of life, professional advancement, and family ties were at least as good at home as in the U.S.

    The majority of the people we surveyed said they planned to start a business within five years. When we published our research, many experts said that this is where returnees would face the greatest frustration�that the weak infrastructure in India; authoritarianism in China; and corruption and red tape and lack of funding in both countries would be a severe handicap. In other words, when it came to competition from startups in India and China, the U.S. had nothing to worry about.

    So, last September, we initiated a project to learn how the entrepreneurship landscape in India and China compares to the U.S. We wanted to learn why these entrepreneurs returned, what their perceptions of the entrepreneurial climate in their home countries were, what the advantages and disadvantages of working in India and China were over working in the U.S., and what types of ties they maintained to the U.S.

    We were really surprised at what we learned. In the next installment, I�ll discuss our findings.

    Standing Up for Guest Workers ( New York Times Editorial


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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

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  • Winner
    03-25 11:01 AM
    Thanks for contributing to IV with meaningful discussions. Would you all consider making a monetary contribution to IV?


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  • acecupid
    08-05 03:15 PM
    Seems like a lot of emotions running high on this thread!

    Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.

    Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.

    Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.

    If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!

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  • nojoke
    04-14 01:46 AM
    i can not speak for everybody but
    i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K

    I will break even if i stay for another 3 years. (total 7 years)
    If renting then : 110K in rent with no benefits for 7 years.

    Good Side:
    - Tax benefits with dual income. ( proabably $300 per month)
    - Bigger house

    Bad Side:
    IF i have to sell now then will be loss for me for sure so key is location and how long u stay.

    Why is tax benefits such an issue:confused:. It is after all tax on interest, not on the principle. It declines every year and probably worth nothing in 10 years? For every 100K you borrow you are charged an interest of 100K for a typical loan. Rents are cheap compared to the owning a home. This is why home prices are falling. Until they reach equilibrium, housing will continue to fall. Assuming the difference is 1000$, if you rent for 7 years you will be saving 80K(approximately)- which means you pay a bigger downpayment and hence saving 80K in interest.
    All these calculations are done assuming that the home price stays flat. If it falls, you gain additionally by how much if falls. Plus there is insurance, property tax.

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  • gc28262
    09-26 11:42 AM
    -DId cir have stem exemption? answer no
    -Did cir have visa recapture? answer no
    -Did cir increase the eb quota to reduce the backlog? answer no
    -Did cir exempt the existing EB applicants from the new "points based
    system", answer this seems to be a gray area, no clear answer (there is a
    debate about this)
    -Did cir have draconian restrictions on H1, answer yes
    if there are any more nagatives please add to the list.

    I think these provisions were included in CIR to get a bipartisan support from republicans. By including such anti-EB provisions in CIR, McCain, Ted Kennedy etc hoped to get some support from ant-immigrant republicans.

    Yes they were trying to save illegals at our expense :mad:
    With democrats in full control of both senate and house and a democratic president in the office, democrats would come up with a cleaner CIR ( beneficial to both legals and illegals )

    Remember president alone cannot do anything. Democrats are pro-immigrants. Maybe they lean a little bit towards FB.

    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".

    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.

    01-03 05:56 PM

    Will you accept responsibility of Gujrat Massacre first ?
    and hand over all those to International Criminal Court..

    Will you accept responsibility of Babri Mosque demolation?

    India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..

    point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...

    point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat have suffered enough like us.

    War is not will be naive to think that Pakistan will not matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..

    Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..

    I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.

    I wish both sides can site on table, have chai or lasse and start talks on following items:

    1. How to curb terrorism in India and Pakistan and Afghanistan..
    I have no doubt that if both sides do this, we can weed these nuts
    2. We must somehow find some solution to Kashmir fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
    I am Kashmiri..and it doesnot matter who fires Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
    If UK can live with Germany and France after bitter WWII ..we sure can...
    3. I am for Open both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
    4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...

    You work in US and know every issue needs compromise, discussion and then something gets done..

    You are a Kashmiri muslim.
    Will you accept the responsibility of making hundreds of thousands Kashimiri pandits homeless? Will you accept the responsibility for the Godhra attack?
    Do you have a time machine that can take you back to 1600 A.D and stop the evil islamic barbarics from pillaging our land? Can you? Or you need a proof for that as well to interpol?

    1. To curb terrorism, Pakistan must destroy all the terror camps. Its not doing it, its not handing over any terrorists, what's the point of having cup of chai and talking non-sense?

    2. You are a Kashmiri. Tell us, what is a possible solution? India will not hand over the remainder of the Kashmir because part of the Kashmir is already occupied by Pakistan. Period. Now, do you have a solution?

    3. You are open for open visas. What good will it do except for terrorists to come in freely and legally?

    4. By exchanging prisoners you mean hand over the terrorists, right. Hand over Afzal and Kasam and the other butchers. And ask president to pardon them.
    Sorry, won't happen.

    What else?

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