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Thursday, July 7, 2011

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  • manub
    07-07 09:55 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.





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  • rockstart
    07-14 02:07 PM
    See if things spill horizontally or vertically Eb3(I) is still last in the chain. So many people have demonstrated it. All these days Eb3 (ROW) was gaining from spill over. Now CIS feels that Eb2 takes preference over Eb3 ( which for practical purpose is ROW and not India/ China) so that is why Eb2 is moving forward, else like eb3 eb2 India was also struck. What you are asking is complete re-working of spill over rules. That is not what CIS can do on its own. The rule was always clear Eb1 spill goes to Eb2 and then to Eb2 if some one needs to complain it should be Eb2 who did not get these numbers much earlier.

    * When was it unclear?
    * Why did it take so long for USCIS to see that the law was unclear?
    * What caused USCIS to realize that the law was unclear?
    * What caused them to change their interpretation?
    * How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)

    Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.





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  • Macaca
    04-03 08:25 AM
    Lobbying Expands in a Lean Year (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201749_2.html)

    Election years are often fallow for lobbyists, because the interests that employ them tend to take a wait-and-see approach. Yet total spending on federal lobbying last year managed to zoom up to $2.6 billion, a nearly 11 percent increase from $2.4 billion in 2005, according to PoliticalMoneyLine.

    The biggest-spending sector was finance, insurance and real estate, with $353.9 million, followed by health, with $337.7 million, new data from the Center for Responsive Politics show. Organized-labor lobbying was near the bottom, with $29 million in federal expenditures last year.

    Spending by registered lobbyists has risen steadily year over year. And lobbyists expect another bumper season this year in the wake of the Democratic takeover of Congress. Change breeds uncertainty, they say, and uncertainty inevitably brings extra lobbying fees.





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  • abracadabra102
    08-06 05:00 PM
    Stroustrup C++ 'interview'

    On the 1st of January, 1998, Bjarne Stroustrup gave an interview to the IEEE's Computer magazine. Naturally, the editors thought he would be giving a retrospective view of seven years of object-oriented design, using the language he created. By the end of the interview, the interviewer got more than he had bargained for and, subsequently, the editor decided to suppress its contents, 'for the good of the industry' but, as with many of these things, there was a leak. Here is a complete transcript of what was was said, unedited, and unrehearsed, so it isn't as neat as planned interviews. You will find it interesting...

    Interviewer: Well, it's been a few years since you changed the world of software design, how does it feel, looking back?

    Stroustrup: Actually, I was thinking about those days, just before you arrived. Do you remember? Everyone was writing 'C' and, the trouble was, they were pretty damn good at it. Universities got pretty good at teaching it, too. They were turning out competent - I stress the word 'competent' - graduates at a phenomenal rate. That's what caused the problem.

    Interviewer: Problem?

    Stroustrup: Yes, problem. Remember when everyone wrote Cobol?

    Interviewer: Of course, I did too

    Stroustrup: Well, in the beginning, these guys were like demi-gods. Their salaries were high, and they were treated like royalty.

    Interviewer: Those were the days, eh?

    Stroustrup: Right. So what happened? IBM got sick of it, and invested millions in training programmers, till they were a dime a dozen.

    Interviewer: That's why I got out. Salaries dropped within a year, to the point where being a journalist actually paid better.

    Stroustrup: Exactly. Well, the same happened with 'C' programmers.

    Interviewer: I see, but what's the point?

    Stroustrup: Well, one day, when I was sitting in my office, I thought of this little scheme, which would redress the balance a little. I thought 'I wonder what would happen, if there were a language so complicated, so difficult to learn, that nobody would ever be able to swamp the market with programmers? Actually, I got some of the ideas from X10, you know, X windows. That was such a bitch of a graphics system, that it only just ran on those Sun 3/60 things. They had all the ingredients for what I wanted. A really ridiculously complex syntax, obscure functions, and pseudo-OO structure. Even now, nobody writes raw X-windows code. Motif is the only way to go if you want to retain your sanity.

    Interviewer: You're kidding...?

    Stroustrup: Not a bit of it. In fact, there was another problem. Unix was written in 'C', which meant that any 'C' programmer could very easily become a systems programmer. Remember what a mainframe systems programmer used to earn?

    Interviewer: You bet I do, that's what I used to do.

    Stroustrup: OK, so this new language had to divorce itself from Unix, by hiding all the system calls that bound the two together so nicely. This would enable guys who only knew about DOS to earn a decent living too.

    Interviewer: I don't believe you said that...

    Stroustrup: Well, it's been long enough, now, and I believe most people have figured out for themselves that C++ is a waste of time but, I must say, it's taken them a lot longer than I thought it would.

    Interviewer: So how exactly did you do it?

    Stroustrup: It was only supposed to be a joke, I never thought people would take the book seriously. Anyone with half a brain can see that object-oriented programming is counter-intuitive, illogical and inefficient.

    Interviewer: What?

    Stroustrup: And as for 're-useable code' - when did you ever hear of a company re-using its code?

    Interviewer: Well, never, actually, but...

    Stroustrup: There you are then. Mind you, a few tried, in the early days. There was this Oregon company - Mentor Graphics, I think they were called - really caught a cold trying to rewrite everything in C++ in about '90 or '91. I felt sorry for them really, but I thought people would learn from their mistakes.

    Interviewer: Obviously, they didn't?

    Stroustrup: Not in the slightest. Trouble is, most companies hush-up all their major blunders, and explaining a $30 million loss to the shareholders would have been difficult. Give them their due, though, they made it work in the end.

    Interviewer: They did? Well, there you are then, it proves O-O works.

    Stroustrup: Well, almost. The executable was so huge, it took five minutes to load, on an HP workstation, with 128MB of RAM. Then it ran like treacle. Actually, I thought this would be a major stumbling-block, and I'd get found out within a week, but nobody cared. Sun and HP were only too glad to sell enormously powerful boxes, with huge resources just to run trivial programs. You know, when we had our first C++ compiler, at AT&T, I compiled 'Hello World', and couldn't believe the size of the executable. 2.1MB

    Interviewer: What? Well, compilers have come a long way, since then.

    Stroustrup: They have? Try it on the latest version of g++ - you won't get much change out of half a megabyte. Also, there are several quite recent examples for you, from all over the world. British Telecom had a major disaster on their hands but, luckily, managed to scrap the whole thing and start again. They were luckier than Australian Telecom. Now I hear that Siemens is building a dinosaur, and getting more and more worried as the size of the hardware gets bigger, to accommodate the executables. Isn't multiple inheritance a joy?

    Interviewer: Yes, but C++ is basically a sound language.

    Stroustrup: You really believe that, don't you? Have you ever sat down and worked on a C++ project? Here's what happens: First, I've put in enough pitfalls to make sure that only the most trivial projects will work first time. Take operator overloading. At the end of the project, almost every module has it, usually, because guys feel they really should do it, as it was in their training course. The same operator then means something totally different in every module. Try pulling that lot together, when you have a hundred or so modules. And as for data hiding. God, I sometimes can't help laughing when I hear about the problems companies have making their modules talk to each other. I think the word 'synergistic' was specially invented to twist the knife in a project manager's ribs.

    Interviewer: I have to say, I'm beginning to be quite appalled at all this. You say you did it to raise programmers' salaries? That's obscene.

    Stroustrup: Not really. Everyone has a choice. I didn't expect the thing to get so much out of hand. Anyway, I basically succeeded. C++ is dying off now, but programmers still get high salaries - especially those poor devils who have to maintain all this crap. You do realise, it's impossible to maintain a large C++ software module if you didn't actually write it?



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  • sanju
    05-15 05:42 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger??

    YES

    M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??

    YES




    Durbin-Grassley going after 9 firms.

    http://www.team4news.com/Global/story.asp?S=6514384&nav=0w0v

    U.S. Senators question companies about visas

    Two US senators are questioning several companies about their use of a visa program for highly skilled workers. Senators Chuck Grassley of Iowa and Dick Durbin of Illinois are focusing on nine companies -- several of them foreign-based. Those companies used nearly 20,000 of the 75,000 H-One-B visas that were available last year. H-One-B visas are for high-skilled workers and are heavily used in the high-tech industry. The industry has long complained that too few visas are available. Grassley and Durbin, both on the Senate Judiciary Committee's immigration subcommittee, sent letters to the nine companies asking questions about visa use, wages and layoffs. The top users were identified with statistics from Citizenship and Immigration Services. The letters, posted on Grassley's Web site, were addressed to:

    Infosys Technologies Limited in Freemont, California
    Wipro Limited of Mountainview, California
    Tata Consultancy Services Limited of Arlington, Virginia
    Saytam Computer Services Limited of Andhra Pradesh, India
    Patni Computer Systems of Mumbai, India
    Larsen & Toubro Infotech Limited of Mumbai, India
    I-Flex Solutions of Mumbai, India
    Tech Mahindra Americas of Englewood, Colorado and
    Mphasis Corporation of Bangalore, India
    ----------------------------------------------------------------------
    Here is a letter from Sen. Durbin and Grassley to these companies
    http://grassley.senate.gov/releases/2007/05142007.pdf





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  • BMS
    07-10 07:01 PM
    My situation goes something like this.

    1) I got 7th year extension in Sep 2005
    2) Visited India and got stamped and got new I-94 on return.
    3) Applied for 8th year extension without submitting new I-94.
    but applied with old replacement I-94 came with I-797.
    4) So the same I-94 continued on subsequent I-797 extensions.
    5) Recently applied for 9th year extension with the same.

    My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
    All these years I have the same employer.

    I appreciate your help on this.

    Thanks
    -BMS



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  • singhsa3
    08-05 04:42 PM
    Don't worry guys, this is just a time pass while people are waiting for Nebraska to issue some green cards..;)





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  • rheoretro
    11-12 04:59 AM
    Lou Dobbs has a right to speak his mind. A lot of what he says is rhetoric but it is within his rights. I wouldn't want to associate IV with any Latino related immigration movement. Their objectives, issues and means are altogether different from ours.

    We [should] care only about legal immigrants and not have even a whiff of supporting illegal immigration in any form and from any country. For a long time now, the word immigration has been expanded to mean Latino immigrants and only Wall Street Journal takes care to single out that immigration from countries like India is of a different hue (more knowledge based), than immigration from Mexico (more labor intensive).

    Bottom line, aligning ourselves with the Latino agenda is bad policy and politics and a losing proposition.

    FYI English_August, I'm sure you know this but there's a not so fine distinction between illegal immigration and Latino immigration. While the overwhelming majority of illegal immigrants today are likely from Mexico, let me ask this question of you and other people on this forum. How many estimated (govt. estimates) illegal immigrants are in the US today from India? China? Philippines? Any ideas? The numbers will blow your mind. Guaranteed.

    Like it or not, legal immigration reform could well come packaged with comprehensive immigration reform (CIR) next year, which will primarily deal with illegal immigration.

    As for Dobbs the right-wing nutjob, I am sure that people have noticed that he has stopped talking about immigration since election day. Why do people care about him? His misinformation campaign fell flat on its face anyway.



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  • pappu
    07-14 09:35 AM
    [Eb-3-I is also participating in calling and contributing..]

    [For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]
    [This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]


    Some answers to your questions:
    - Due to visa wastage and pressure from several corners, DOS is trying its best to avoid any wastage this year. We should feel happy that this is happening. Now EB2 is getting benefit because, they are getting spillover from EB1 and EB2ROW. The last bulletin clarified it as there was confusion on how this allocation happens. If EB3 has to benefit from it, then EB2 needs to get current to get the spillover. I do not see that happening for a long time for EB3 India as a lot of people must be in the queue for EB2India. Thus this may not be the best approach for EB3 India.

    If you write a letter asking for dates to move for EB3, that will not work. If you write a letter saying you are waiting for long and you should get greencards, my guess is the response will be that there are so few visas and so many applicants. Refer to the recent sub-committee hearing on visa wastage and backlogs and you will get answers.

    - Lawyers cannot influence any decision through their contacts as they may have claimed to you/you got that impression (If at all they have any and if they say, then they must be reported because they cannot do it. In my opinion they cannot 'use contacts' to get decisions in their favor). If you have that impression that it is incorrect and illegal. If any lawyer has told you that, then he must be reported.

    If any lawyer has told that DOL had asked labor to be filed in EB3 instead of EB2, then I have not seen any such communication from DOL. Ask your lawyer to produce that for you or ask him to give this to you in writing. I do not recollect that kind of news. Laws were not changed even if there was recession in 2001-2003. If you think the lawyer has misled you, you must take action against your lawyer. But I do not believe DOL asked people to file in EB3 instead of EB2. If that was the case then we need a proof and IV should look into that.

    - IV had anticipated the difficulty in getting legislation this year. Thus we had started the admin fix campaign early this year and had been pushing for it real hard. However we could only get 4K letters from a 30K membership. A lot of them were anonymous. We are still deadlocked on the 3 Lofgren bills. Only 179 people made the calls from IV in the last 1.5 months.

    So the solution is there but we need to get massive participation first. People can certainly write to the administration as in the admin fix campaign, but the question is can be have massive participation.
    We all really need to brainstorm and come up with an idea that will ensure massive participation and present compelling reasons for administration or lawmakers to act. If you think letter is the best option then get the active members involved in reviewing and revising the draft before you start a campaign. Make a really strong case. IV will welcome anyone leading an effort and working on it aggressively.





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  • sanju
    04-08 06:24 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.

    Hi pitha,

    Thanks for posting this info. Could you please share the source of this information?

    None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.

    From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.



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  • abhisam
    07-26 04:01 PM
    UN,

    A quick question for you. So far, I havent found anything wrong with my I-485 application.

    My wife is currently on an H4 visa and is a dependent applicant on our AOS application. She was working in our native country before coming to the US. When the lawyer filled her biographic information, she did not mention her employment in India. She just filled that section as N/A. We did not care at that moment because we thought USCIS might be more concerned about my employment history, as I am the primary applicant.

    Now after reading all this, I'm a bit worried. And my question is exactly opposite of what most people are asking. Does not stating my wife's foreign employment mean fraud to USCIS? I really appreciate all help that you can extend in this regard.

    Thanks,
    abhisam





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  • unseenguy
    06-20 05:49 PM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    There are some people here who will indulge in tarnishing your reputation when they do not agree with your post. I gave you green to get your reputation back or enhanced. I think your post was very respectable and a free opinion and it did not deserve any red dots.



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  • hiralal
    06-06 10:58 PM
    to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
    to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
    ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.





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  • validIV
    06-05 02:01 PM
    This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.

    Since you cite an example, let me cite one of mine.

    Co-op bought in 2004, Queens NY 2 bedroom: $155,000
    Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
    Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
    Outstanding balance: 60,000
    Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
    Monthly cost total: ~1,000
    Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2

    Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.

    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.

    I doubt it is as clear cut as you make it to be. Rent vs. buy has two components in each option - the monthly cost and the long term saving/investment. Let me take the example of the apartment I live in. It would cost about 360k (I am not considering the closing cost, the cost to buy new appliances and so on when you move in etc) if we were to buy it as a condo in the market. We rent it for $1300.

    Buy:
    Monthly Cost:
    Interest (very simplistic calculation): 5% on 180k on average over 30 years. i.e. $750 per month. After Tax deduction cost ~$700 (you lose on standard deduction if you take property tax deduction - so effective saving is wayyy lower than the marginal tax rate).

    Property Tax: $400 per month.

    Maintenance/depreciation of appliances: assume $200 per month (easily could be more).
    Total: 1300.
    Long term investment: $360k at 3% per annum (long term housing price increase trend).
    You pay for this saving with leverage and $1000 amortization every month for the loan principal.

    Loss of flexibility/Risk : Not sure how to quantify.

    Rent:
    Monthly cost = $1300.
    Long Term Saving (assuming you put the same $1000 every month in a normal high yeild savings account - a Reward Checking maybe) - you will get a risk free 5%.

    So in this case you are paying the same monthly cost for house purchase vs rent. but you are losing out on the additional 2% per month in investment return.

    Plus - buying gets you into a lot riskier position.

    I have seen the proponents of buying fails to take a couple of factors into account:
    1. Real Estate, historically, is not a good investment. It is even worse than the best savings accounts available. And you could easily save your monthly amortization in better savings vehicles.
    2. Tax deduction from interest means you lose on standard deduction. In the above example - a family of 3 with 1 earner will have NO saving from housing tax deduction. They would be better off using the standard deduction. If there are 2 earners - they could try to work around this by filing separately and one taking deduction for housing interest and the other taking the standard deduction. But even that will probably not save you any money since many other tax rates are stacked up against single filers.



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  • ashkam
    04-15 03:18 PM
    Seriously? Yes.

    Not me as I am arguing that a home is better than an apt, but some people here disagree for their own reasons.

    Yes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.





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  • oliTwist
    12-24 02:05 PM
    How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...
    http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves

    wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
    or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
    ...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...

    ... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.

    http://news.bbc.co.uk/2/hi/south_asia/6074994.stm

    ... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!

    I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay http://timesofindia.indiatimes.com/Columnists/Tarun_Vijay_Thou_shalt_rise_again/articleshow/3882599.cms Check out the differences between Shabana and other muslim leaders on the forum. Interesting!



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  • GCapplicant
    07-14 04:38 PM
    Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack



    Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.

    Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.

    Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.

    Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.

    Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.

    This shows nature,when own kind dont respect others neither will outsider.





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  • r2i2009
    05-04 01:10 PM
    House...forget it......


    It will never reach those highs again...

    In US..RE is done.

    Not 485...look at the number of foreclosures.....and inflation.....

    untill the war is over...forget...





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  • IL_Guy
    06-09 10:40 AM
    Reds.........Hmmm what for?





    reddymjm
    08-05 10:32 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?





    gcgreen
    08-06 02:16 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)

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

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