Monday, July 11, 2011

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  • rsdang
    08-12 11:23 AM
    The UN conducted a worldwide survey. The only question asked was:
    "Would you please give your honest opinion about solutions to the food
    shortage in the rest of the world?" The survey was a huge failure. In
    Africa, they didn't know what 'food' meant. In India, they didn't know
    what 'honest' meant. In Europe, they didn't know what 'shortage'
    meant. In China, they didn't know what 'opinion' meant. In West Asia,
    they didn't know what 'solution' meant. In South America, they didn't
    know what 'please' meant. And in the US, they didn't know what 'the
    rest of the world' meant.

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  • nojoke
    04-14 03:02 PM
    You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

    My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.

    No one is scaring away others from buying a house. We are all pointing to the risk of buying a house at this time, which you are already agreeing. :)

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  • sc3
    07-14 05:04 PM
    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.

    Paskal thanks for your post. You have given some points to mull over. However, I dont get some things, if EB3-I were on the lowest totem-pole, how can we explain the data from previous years where EB3-I got a lot more visas -- even though EB3-ROW was not current.

    Second. Which point in the AC21 says Eb2 gets preference over Eb3? There is nothing in sec 104 which points towards the preference for EB2? I have read and re-read the section multiple times, but I dont see anything which says that there is a preference towards EB2.

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  • go_guy123
    07-28 03:29 PM
    Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth

    You are right... dealing with Republicans is easier ....they listen to American Chamber of Commerce, ITAA et al. When Tom Delay was was straight forward. you fund GOP, we will look after you.

    GOP taps the cash of industry...and leverages the anger of extreme right (mainly against illegal immigrants, gays and anti-gun/anti-god issues) Works good for skilled immigrants.

    Yes there are nuts like...Tom Tancredo but GOP whips takes care of those (Note: GOP is a party that demands loyalty. Had it being the GOP, they would have extarcted revenge from Joe Liberman for disloyaty). It is the democratic paty that has historically faced infighting.
    Since 1994 it was the GOP in charge and thats also a reason H1B got the AC21 etc.


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  • rockstart
    07-14 12:47 PM
    USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.

    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.

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  • Arjun
    07-14 08:35 PM
    I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.

    The way it is working for EB2, it is going to work exactly for EB3.


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  • file485
    07-07 11:06 PM
    I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r is from

    I cant attach the pdf file,probably it is too big..

    pls get in touch with that attorney too..

    dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys

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  • abracadabra102
    12-30 09:48 AM
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......

    1600 was the time Britishers set foot in US and India. You are right that the actual consolidation of power (in India) started around 1750s in India. At the same time, the actual American revolution started in 1775 and is over effectively by 1781 when George Washington's army defeated Lord Cornwallis at Yorktown. (This Cornwallis bloke returned to UK with his tail between his legs and was appointed as Governor General of India and he was very successful there. As usual we made a tiger out of a mouse :-) ). After Sepoy revolt of 1857, we had to whine for a good 90 years for our independence. Americans started it in 1775/76 and is over by 1783, in just 8 years. Before 1775/76, Americans were willing subjects of British crown, but Indians were not.


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  • malaGCPahije
    09-26 09:10 AM
    I support McCain. Please do not give me reds for siding with McCain.

    I think for the country McCain is going to be better as prez than Obama. He is a more mentally strong person (clearly displayed by his POW stint). He chose not to go home when given a chance by the enemy because he did not want to leave his army friends alone. That says a lot about character.

    Obama for most presents himself to me as a lot of talk and not much action. He chose to be absent when the congress was voting on important action items during his time as a senator.

    I think what is best for America is best for the EB community too. If America is not the economically strong country we all hoped it would always be, then what good is the EB community going to get staying in America. With McCain, chances of reforms for legal immigration are also going to be much more than with Obama.

    Just my 2 cents.

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  • go2roomshare
    04-07 07:04 PM
    I am not sure why we are worrying about this bill. This makes restrictions on Consulting companies, so what Clients won't be able to find people, so they do hire people as full time instead of temporary consulting position. That is good for us we can find more full time positions from client it self. I even heard that this bill makes sure H1B are paid by market rates instead of DOL wages which are often very less than market value. Good thing for us the staring salaries would be at higher rate than present rates. This bill is bad for consulting companies but good for us. Am i missing any thing here??


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  • abcdgc
    12-27 12:25 AM
    Don't you think Pakistan already knows that?

    There is a difference between knowing and believing. Pakistan thinks that US will apply pressure and the war will not happen. I don't think so....

    India must conduct surgical strikes immediately and let the ball be in Pakistan's court. The world opinion will be with India to attack terrorist camps. If Pakistan uses nuclear weapons, so be it. First of all non of the 5 test conducted in 1998 were Pakistani devices. Those devices were Chinese and exploded by Chinese engineers. I don't think Pakistan has a workable nuclear weapon. And even if Pakistan has nuclear weapon, we know how to respond. This is war of the civilizations.

    Pakistani PM/FM is shouting in the media - We will respond - because they know they don't have what it takes to respond. So they have to compensate with shouting in the microphone. But to answer your question, Pakistan don't know and Pakistan don't understand the outrage in public of India. India is a democracy and over 80%-90% of people wants to respond to the war. If party in power do not respond, they will lose miserably in the next election. Pakistan doesn't know/understand this because Pakistan is not a democracy.

    Do you mean to say that the state and the government of Pakistan did this?

    Absolutely. ISI is part of Government of Pakistan.

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  • panky72
    08-06 03:20 PM
    A man dies and goes to hell. There he finds that there is a different hell for each country. He goes to the German hell and asks, "What do they do here?" He told," First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the German devil comes in and beats you for the rest of the day."

    The man does not like the sound of that at all, so he moves on. He checks out the USA hell as well as the Russian hell and many more. He discovers that they are all more or less the same as the German hell.

    Then he comes to the Indian hell and finds that there is a long line of people waiting to get in. Amazed, he asks, "What do they do here?" He told, "First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the Indian devil comes in and beats you for the rest of the day." "But that is exactly the same as all the other hells - why are there so many people waiting to get in?"

    "Because maintenance is so bad that the electric chair does not work, someone has stolen all the nails from the bed, and the devil is a Software Engineer , so he comes in, signs the register and then goes to the Cafeteria!!! !!


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  • alterego
    07-14 04:32 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.

    That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
    Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
    It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
    This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
    This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.

    Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
    Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.

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  • satishku_2000
    05-16 05:50 PM
    Very true. If it was a simple think to do -- tracking down all the illegals and deporting them in the course of an afternoon, I would be all for it! Fact is, it isn't that simple. That is why we have to cope with the situation at hand and make the best of it. The best of it, regarding the illegals, is to prevent prevent the problem (heavily increased borders and border patrol) and get an overview of the illegals already here.

    Regarding the vast H-1B abuse by people NOT POSSESSING REAL, FULL-TIME JOBS, the solution is a much simpler one -- stop the abuse by stopping the 'consultants' on the bench.

    Because its hard to deport you are not for deportation. Are you for local police getting powers to enforce the immigration laws too?

    Now I see where you going , I think your views are much more in alignment with ALIPAC , NUMBERSUSA , PROGRAMMERS GUILD and Minute man project in my own home town ...

    As far as i know none of the consultant friends i know are on "bench" for past 3 years and they make much more money and pay much more money in taxes than people who are in "permanent" jobs.


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  • EB3_SEP04
    01-03 01:36 AM

    Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.

    Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.

    Both India and pak have canceled the leaves of their military personnel.

    People in border villages of Rajasthan are evacuating.

    CNN has been reporting that paki troops are on the move.

    If my hunch in right, something big will happen in next 24 hours.

    You there, Beemar? ;)

    India is not going to attack in your and my life. India has never invaded any country in it's history, (i don't know if it's peace loving or lack of balls), but several invaded, defeated, ruled and looted India. Just being big (1 billion) does not mean anything, you need the guts to avenge/attack, look at Israel, Vietnam if you need examples. Why can few tigers attack the hurd of dozens of dears/buffalos/cows and make them run ?

    India could not even fix LTTE, forget Pak.

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  • rajuseattle
    07-15 01:58 AM

    The petition you are asking us to sign doesnt have legal standings. It doesnt have any strong argument to change USCIS's interpretation of allocating the spill over VISA numbers.

    Instead we should all focus our enrgy in getting Rep Lofgren's bill for recapturing the wasted VISA numbers.

    IV has launched the initiative by sending the Petition/letter to your local US congress reps and senators.

    IV petition is urging US congress and senate to consider Rep Lofgren's imigration relief bills for the legal immigrants, which will recapture the wasted VISA numbers and they are in the range of about 200,000, this will be good to retrogressed countries. Apart from IV their are other pro legal immigrant lobbiests who are working hard to get these pro legal immigration relief bills passed this year, but due to slowing economy anything US congress wants to do for immigration relief comes under scrutiny by anti-immigration forces and they try to kill these relief bills, on the other hand their are some groups in US congress and senate who wants the amnesty for all illegal immigrants and they are strongly opposing any kind of relief just to legal immigrants.

    Its a long battle ahead of us, and hope staying together and working with IV will help us rather than having war of words between EB-3 I and EB-2 I.

    Current letter writen by pani is inappropriate and it doesnt make our case strong.

    For Pani too, I am perosnally not against him, we all are frustrated with this GC situation, but unless USCIS gets more VISA numbers from congress, they can not do anything.

    I guess illegal immigrant lobby and some of the anti immigrant forces in Washington DC are strong enough and at this time they are influencing the law makers to not pass any pro legal immgrant relief.

    Our only hope is if IV succeed in getting some relief from US congress...or at some point the nurses from india and phillipines stop consuming the EB-3 quota. Remember when we were all stuck in the state employment agencies and DOL backlog centres, they were allowed to file I-140 without labor certifications and they were the major beneficary for some of the recaptured VISA numbers and the July 2007 VB fiasco when USCIS approved some unprecedented EB-3 India VISA numbers.


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  • mariner5555
    04-09 07:29 AM
    We've met with a lot of law makers and their aids, and really the housing down turn is not an argument for GC that is productive to use. If I get 30 minutes with a law maker's aid, each minute is valuable I can muster many more compelling arguments in that time.

    So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.

    o.k. ..Thanks.
    In that case, I honestly don't know why a lawmaker would care much about faster GC processing. if I was a lawmaker and someone comes to me complaining about USCIS - I would think in my mind "hey that is the system with it". I would think the lawmaker would be thinking about other things (like having fun :-)) ..or taking care of the lobbyists who give them donations.
    ..I guess the only other hope would be if other countries in europe start giving super fast blue cards and the talent starts to go there. unless there is urgency the system will never change. even the namechecks were relaxed because of lawsuits.
    I guess the only silver lining is that I will continue to rent (become richer ;-) and have fun while watching the home prices go down and down)

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  • senthil1
    04-06 11:46 PM
    Law cannot be done to put restrictions only for new H1bs. They will put restrictions for any H1b for new H1b and also transfers. But if it applies to H1b extensions also then everyone are in trouble. But bill tells that all the hires of H1b. That means H1b extensions are not new hires for a company. So it should not be applicable.

    I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.

    I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point

    ---This applies to all the applications filed after the enactment of this bill.

    So how is it going to effect the current H1b consultants?



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  • dealsnet
    01-07 01:13 PM
    Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
    Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
    Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
    In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.

    I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)

    01-03 11:30 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?

    I don't think so.
    I think the current army and civilian leadership in Pakistan does not want to have unfriendly relations with India. Its just that the inertia and the momentum of the past policies is still making an impact today.

    04-09 11:53 AM
    There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.

    Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.

    So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"

    I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?

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