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  • sanju
    05-17 10:08 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.

    The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???




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  • Refugee_New
    01-06 02:14 PM
    violence is a two way sword..

    its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.

    i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
    I support that palestinians be given their right to self rule.. but they should learn to live and let live..

    so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?

    grow up.. kid..

    Its another form of supporting state sponsored terrorism. Do you think people go and seek refuge in schools? Its what these biased media feed us and this is what we consume.

    This is how they justify their killing of innocent school kids and civilians. They don't even spare kids. Shame on us who try to justify the killing.

    News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?




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  • sledge_hammer
    03-24 07:54 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.




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  • number30
    03-24 11:37 AM
    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.


    What the consulting companies( Including Mine) are working like placement cell holding the stock of consultants. This is being questioned by the USCIS. They are understanding the mode of the operations. These stock does not have any usage unless they get some order. This is question was getting raised in H1B RFEs since last two-three years. With H1B you can escape with contracts between companies. But the concern with green card is will they accept such kind of agreements as proof of an permanent job? It will come to nature of the business of the company.

    (sorry for the Language )



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  • sayantan76
    12-29 11:20 PM
    I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in 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......




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  • funny
    09-26 02:34 PM
    Do you think that It will effect everyone who is already waiting....I my personal opinion, the Point based system will be implemented to the new applications and not the pending ones...These applications are already in the Last stages why would they spend time and resources on these all over again...but again this is my personal opinion



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  • file485
    07-08 10:01 PM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..

    this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!




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  • javadeveloper
    08-02 12:35 PM
    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.

    Thanks UN



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  • waitnwatch
    08-06 01:49 PM
    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. :)

    ........ RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.




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  • lfwf
    08-05 07:09 PM
    see below

    I dont know whom you are responding to but...

    Then check. Context is everything sometimes.

    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.

    There was no point, I said I did not believe it. I was showing the original poster that using a large black brush to tar a whole group of people is offensive and inappropriate. At least read my whole post before responding. I see I hit a nerve though. So it's ok for you t claim that EB2 means nothing and is ill gotten but not ok for me to talk about EB3?

    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.

    Bull crap. Don't make me open my mouth anout labor my friens. best we don't open this up.


    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.

    I'm not in IT. the more I hear IT folks go at each other, the less I think of the field frankly. And yes, i do not know about you but I met several people who came in the tech boom, whose jobs a monkey could do. Sorry, just the truth.



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  • brad_sk2
    01-06 02:39 PM
    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?

    If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.




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  • ssa
    07-14 09:16 PM
    I'm not from PERM. I got my labor approved the old way. In any case, this is far different from your own wording in the petition which implies *DOL* suggested that you apply in EB3. From you own post what happened was DOL rejected EB2 application and then the applicant re-applied in EB3. The very fact that PD could not be ported among the two applications shows that these two application were completely unrelated which again goes against your petition's stand there is no real difference between most of those stuck in EB3 backlog and EB2.

    I'm neither trying to split hairs here nor trying to pick a fight with you. All I'm trying to say if you are planning to send hundreds of petitions to government agencies like DOL and USCIS they better be factual and accurate or else we may end up inviting more troubles unintentionally. That's why the title "Devil is in the details"!

    Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)



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  • Macaca
    12-29 07:47 PM
    Our Nation as a Startup (http://blogs.wsj.com/indiarealtime/2010/12/29/india-journal-our-nation-as-a-startup/) By Rajeev Mantri | IndiaRealTime

    Doing business in India can be overwhelming for somebody accustomed to working in a more hospitable business environment. The World Bank�s Doing Business study ranks India 134th worldwide for ease of doing business, behind lesser-talked- about nations such as Tanzania and Ghana.

    Besides the well-documented inadequacy of physical infrastructure, archaic corporate and taxation laws are yet to catch up with modern ways of structuring and operating new ventures. Yet India is able to register high rates of economic growth year after year.

    U.S. President Barack Obama�s contention that India has already arrived is magnanimous � India is a startup with high potential but hasn�t made it yet into the pantheon of world powers. Like a startup, India is chaotic and unpredictable.

    Democracy adds another twist in the tale. As the last three months have shown, Indian politics can turn on a dime and the perception of political stability can give way very quickly. India�s business model is contrary to how other Asian economies have developed: India continues to be services-driven and domestically-oriented instead of being heavy on export-led manufacturing.

    This approach shielded the economy during the financial crisis. With growth driven by high-quality entrepreneurs who have been able to deliver despite a suspicious and often obstructionist state, it�s no wonder that investors continue to be bullish on India and tend to overlook major political and geopolitical risks.

    But high growth brings with it many quandaries. Though a happy problem to have, a growing enterprise faces its own management challenges. At the very least, the capacity of India�s executives and government to manage growth has been somewhat disappointing. India chose (some would argue that it stumbled upon) a bottom-up development model based upon entrepreneurship.

    We are now reaching a stage in the economic cycle where we need to push the envelop further, not negate the strategy that has served us very well over the last two decades. India saw two bursts of significant reform, from 1991 to 1996 under Prime Minister P.V. Narasimha Rao and again from 1998 to 2004 under Prime Minister A.B. Vajpayee. Since 2004, there has been virtually no reform initiated by the Congress-led United Progressive Alliance government in areas such as labor law, where the current regime is constraining growth in manufacturing. This is impairing the quality of India�s economic growth and limiting job creation.

    Recently, Steve Jobs said that his company, Apple, is the world�s largest startup. It�s an interesting view given that Apple�s market capitalization, which is close to $300 billion, makes it one of the most valuable companies in the world. Apple also has zero debt and tens of billions of dollars in cash. From the brink of bankruptcy and irrelevance in 1998, Apple�s financial and competitive strength is now the envy of the technology industry.

    When Mr. Jobs returned as Apple�s CEO, he had a straightforward mantra: To rebuild Apple as a pioneering innovator and rescue it from the morass of creating �me-too� products, as he put it. He felt that the company he founded had forgotten what it stood for. This was audacious for a company struggling to stay on its feet.

    Indian administrators and policy-makers should also remember how high rates of economic growth have been achieved in the first place. Like a startup which has achieved a fit between product and market fit and is ready to scale up, India needs to continue providing its entrepreneurs with the space and environment to operate.

    Apple lost its mojo because it abandoned the strategy that made it what it was. Curiously, that strategy itself was not rigid and inflexible but one of continuous innovation, where Apple would make its products irrelevant before its competitors could. A return to this thinking has ensured the company�s rise through the 2000s. India, too, needs to return to policies that have transformed its economy from anemic to blistering growth.

    In Hindu philosophy, The Upanishads talk of the concept of �Atmanam Viddhi,� which roughly translates as �knowing oneself.� It turns out that self-knowledge is also a sound business strategy � to reach where you want to go, it�s first important to know how you got to where you are.

    The government must realize what it is that has delivered high rates of economic growth. Negating the ideas and policies that are driving India�s economic development by delaying the next round of economic reforms could prove to be immensely damaging to India�s economic prospects. India needs a visionary leader to step up and push through some of the changes that most agree need to be implemented � but few have the political courage to execute � or else an opportunity may be lost again.




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  • gcisadawg
    01-07 05:39 PM
    You lived in India and hate India, because of your wicked religion.
    Equating Bombay with Palastine is only a traitor can do.
    Even passive support is act of betrayel.
    Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
    Any way your religion and its founder are blasphamy for real children of God.
    Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.

    dude, that is gross! There are so many others who follow Islam and just because a minority is engaging in terrorism in the name of the religion, you can not paint all with the same brush. I hope sense prevails here. If you want, attack refugee's pioint of view not his religion.

    This is becoming crap. I request the moderators to throw this thread to where it belongs.



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  • nogc_noproblem
    08-06 02:08 PM
    A drunk went into a telephone booth and dialed at random . . .

    "Salvation Army," was the answer.
    "What do you do?" asked the man.
    "We save wicked men and women," came the reply.
    "Okay, save me a wicked woman for Saturday night."




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  • lost_in_migration
    04-07 08:22 PM
    The point missed here is most of us have our GC applications pending at a stage in which we cannot change employers... If we had our GCs we didn't had to worry about this bill ..and a lot of things :(

    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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  • niklshah
    07-13 09:00 PM
    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
    \
    relax buddy,

    dont jump too much, i can see u are EB2 and trust me this date can go back anywhere without u getting ur golden card...i am EB3 and i am a pharmacist and i dont know why we are in EB3, we have much more demand than the computer people who all are in EB2. so buddy good luck if u get ur card in few months.... just pray for us....thank u...




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  • edd
    07-14 11:57 PM
    I am wondering how hard it will be for USCIS to tell exactly how many EB3-I (and other) pending cases are out there. If they can break it via monthly, it will atleast tell us how long will it take to get to our respective PD's (without any legislation whatsoever). This would be worst case scenario and frankly would help me to plan my next move.

    What makes bit confusing to me is that most of the people I know (outside california) with Eb-3 and PD less than Dec 2002, have already got their GC's

    Someone mentioned FOIA. Can you please share the link on how to apply for the same




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  • fide_champ
    03-22 12:17 PM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.




    validIV
    06-26 10:32 AM
    I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.

    LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.

    Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.

    If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.




    indianindian2006
    08-02 07:01 PM
    Yes.

    A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.

    Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
    You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.



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