Monday, July 4, 2011

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  • bazuka6
    07-13 02:15 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please



    Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..

    Had they cared July fiasco wouldn't have happened...




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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.




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  • Rolling_Flood
    08-05 09:27 PM
    Pappu,
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).


    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?




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  • CreatedToday
    01-08 03:18 PM
    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?

    ----------------------------------------------------------------------------
    From Forum Moderator
    ----------------------------------------------------------------------------

    We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

    Thank you for your understanding,

    Administrator2


    ----------------------------------------------------------------------------



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  • GCappli
    11-11 12:52 PM
    Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
    There are various CIS memos which have the out of status interpretation ..




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  • NKR
    04-14 11:39 AM
    Most of the posts here are not relevant to the original topic of the thread � buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home � just like stocks � it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.



    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.



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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 ..live 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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  • cherupally
    07-17 01:27 PM
    Thanks a bunch for the replies UN..

    I have a quick Question in G-325A form about the previous addresses in last 5 yrs.. My credit history addresses do not match my paystub addresses.. So, which addresses do I need to put in this form.. Paystub addresses or Credit history addresses.. Will INS ask for proof of past addresses? I am confused.. Pls help..

    Thanks a lot...



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  • mariner5555
    04-12 10:20 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
    or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!




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  • Macaca
    05-15 06:05 PM
    Why Worry? It�s Good for You (http://www.nytimes.com/2011/05/15/business/economy/15view.html) By ROBERT H. FRANK | New York Times

    THE late Amos Tversky, a Stanford psychologist and a founding father of behavioral economics, used to say, �My colleagues, they study artificial intelligence; me, I study natural stupidity.�

    In recent decades, behavioral economics has been the economics profession�s runaway growth area. Scholars in this field work largely at the intersection of economics and psychology, and much of their attention has focused on systematic biases in people�s judgments and decisions.

    They point out, for example, that people are particularly inept at predicting how changes in their life circumstances will affect their happiness. Even when the changes are huge � positive or negative � most people adapt much more quickly and completely than they expected.

    Such prediction errors, behavioral economists argue, often lead to faulty decisions. A celebrated example describes an assistant professor at a distinguished university who agonizes for years about whether he will be promoted. Ultimately, his department turns him down. As anticipated, he�s abjectly miserable � but only for a few months. The next year, he�s settled in a new position at a less selective university, and by all available measures is as happy as he�s ever been.

    The ostensible lesson is that if this professor had been acquainted with the relevant evidence, he�d have known that it didn�t make sense to fret about his promotion in the first place � that he would have been happier if he hadn�t. But that�s almost surely the wrong lesson, because failing to fret probably would have made him even less likely to get the promotion. And promotions often matter in ways that have little impact on day-to-day levels of happiness.

    Paradoxically, our prediction errors often lead us to choices that are wisest in hindsight. In such cases, evolutionary biology often provides a clearer guide than cognitive psychology for thinking about why people behave as they do.

    According to Charles Darwin, the motivational structures within the human brain were forged by natural selection over millions of years. In his framework, the brain has evolved not to make us happy, but to motivate actions that help push our DNA into the next round. Much of the time, in fact, the brain accomplishes that by making us unhappy. Anxiety, hunger, fatigue, loneliness, thirst, anger and fear spur action to meet the competitive challenges we face.

    As the late economist Tibor Scitovsky said in �The Joyless Economy,� pleasure is an inherently fleeting emotion, one we experience while escaping from emotionally aversive states. In other words, pleasure is the carrot that provokes us to extricate ourselves from such states, but it almost always fades quickly.

    The human brain was formed by relentless competition in the natural world, so it should be no surprise that we adapt quickly to changes in circumstances. Much of life, after all, is graded on the curve. Someone who remained permanently elated about her first promotion, for example, might find it hard to muster the drive to compete for her next one.

    Emotional pain is fleeting, too. Behavioral economists often note that while people who become physically paralyzed experience the expected emotional devastation immediately after their accidents, they generally bounce back surprisingly quickly. Within six months, many have a daily mix of moods similar to their pre-accident experience.

    This finding is often interpreted to mean that becoming physically disabled isn�t as bad as most people imagine it to be. The evidence, however, strongly argues otherwise. Many paraplegics, for instance, say they�d submit to a mobility-restoring operation even if its mortality risk were 50 percent.

    The point is that when misfortune befalls us, it�s not helpful to mope around endlessly. It�s far better, of course, to adapt as quickly as possible and to make the best of the new circumstances. And that�s roughly what a brain forged by the ruthless pressures of natural selection urges us to do.

    All of this brings us back to our decisions about how hard we should work � choices that have important implications for the lives we are able to lead.

    Most people would love to have a job with interesting, capable colleagues, a high level of autonomy and ample opportunities for creative expression. But only a limited number of such jobs are available � and it�s our fretting that can motivate us to get them.

    Within limits, worry about success causes students to study harder to gain admission to better universities. It makes assistant professors work harder to earn tenure. It leads film makers to strive harder to create the perfect scene, and songwriters to dig deeper for the most pleasing melody. In every domain, people who work harder are more likely to succeed professionally, more likely to make a difference.

    THE anxiety we feel about whether we�ll succeed is evolution�s way of motivating us. And the evidence is clear that most of us don�t look back on our efforts with regret, even if our daily mix of emotions ultimately doesn�t change.

    But evolutionary theory also counsels humility about personal good fortune. As Darwin saw clearly, individual and collective interests don�t always coincide. A good job is an inherently relative concept, and while the person who lands one benefits enormously, her lucky break means that some other equally deserving person didn�t get that job.

    When people work harder, income grows. But much of the spending that comes from extra income just raises the bar that defines adequate. So, from society�s perspective, some of the anxiety over who gets what jobs may be excessive after all. But that�s very different from saying that people shouldn�t worry about succeeding.

    Robert H. Frank is an economics professor at the Johnson Graduate School of Management at Cornell University


    Your So-Called Education (http://www.nytimes.com/2011/05/15/opinion/15arum.html) By RICHARD ARUM and JOSIPA ROKSA | New York Times
    Major Delusions (http://www.nytimes.com/2011/05/15/opinion/15Sharot.html) By TALI SHAROT | New York Times
    Personal finance tips for graduates (http://www.washingtonpost.com/business/personal-finance-tips-for-graduates/2011/05/08/AFYfQf3G_story.html) By Michelle Singletary | The Washington Post
    Outlook's Third Annual Spring Cleaning List (http://www.washingtonpost.com/wp-srv/special/opinions/outlook/spring-cleaning-2011/) The Washington Post
    Five myths about internships (http://www.washingtonpost.com/opinions/five-myths-about-interns/2011/05/09/AFbWmT2G_story.html) By Ross Perlin | The Washington Post
    When Fear Stifles Initiative (http://www.nytimes.com/2011/05/15/jobs/15pre.html) By ROBERT W. GOLDFARB | New York Times



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  • randallemery
    07-16 11:22 PM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.




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  • unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.



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  • pete
    04-09 10:29 AM
    Why should others suffer because of consulting firms?
    You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.

    Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!




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  • dixie
    11-11 10:04 PM
    Lou can rant all he likes; the reality is his ideology and attempts to stir up the public came to nought at the polls. I think the general american public recognises Lou's propaganda for what it is - a populist ratings game. The fact that anti-CIR lawmakers/minutemen lost in even red states like arizona and Indiana is telling. Note that many moderate, pro-CIR republicans won in those very same states; it is mostly the lou-style conservatives who are licking their wounds.

    It may be true that immigration was not the primary reason for the republicans debacle,but the corollary is even more true : The american public didn't think immigration was big enough an issue to warrant re-electing those one-point agenda restrictionists.Contrary to what "our friends" were trying to portray.



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  • nogc_noproblem
    08-28 11:12 PM
    A pair of gloves

    A young man wanted to purchase a gift for his new sweetie for Valentine's Day. As they had not been very long, it was very difficult decision. After careful consideration he decided a good gift would be a pair of gloves. Accompanied by his sister, he went to the store and bought the gloves. His sister purchased a pair of panties at the same time.

    The clerk carefully wrapped both items but in the process got them mixed up. The sister was handed the gloves and the young man got the panties.

    The young man mailed his Valentine's Day gift with the following note:

    "This special Valentines Day gift was chosen because I noticed you are in the habit of not wearing any when we go out in the evenings.

    These are a lovely shade, the lady I bought them from showed me the pair she had been wearing for the past three weeks and they were hardly soiled. I had her try yours on for me and they looked quite lovely.

    I wish I was there to put them on you for the first time; no doubt, other hands will come into contact with them before I have a chance to see you again.

    Just think how many times I'll be kissing them in the future. I hope you'll wear them Friday night for me.

    Love, Cuddle Bear

    p.s. The sales lady says the latest style is to wear them folded down with just a little fur showing."




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  • 2008FebEb2
    08-05 01:35 PM
    I a EB2-I with PD 2008 Feb.

    I think everybody has the right to port to a different category if they qualify for it.

    I feel for Eb3 guys who have been waiting in the queue for ever now.

    The Original thread starter is a sh*t stirrer who knows nothing. :mad:

    Good luck to everyone. :p



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  • HawaldarNaik
    09-27 07:50 PM
    Any inputs on the Nov Visa Bullietin ? Will the dates move forward substantially ?




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  • santb1975
    09-28 06:05 PM
    After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.

    I have been in the United States for 10 years - LEGALLY. I came here for my Masters and I work as a Compliance Analyst in the Pharmaceutical Industry. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. I pay taxes and contribute to the American economy and I hope that I can settle down in this great country.

    I want the Democrats to win...but guess what - the failed CIR 2007 woke me up to the fact that Sen. Durbin will never make it easy for EB immigrants. His hostility towards this community is making me explore opportunities outside of the United States after spending 10 years in this great land. I have little bit more time to decide what I want to do but if things don't take a turn for the better on the Immigration front, I have made up my mind to pursue opportunities outside of the United States.

    Till date, I only see Durbin driving immigration - and it is definitely against the EB community. My question to Sen. Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???




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  • Green06
    09-26 10:31 AM
    We are living in this country for 8 years on H1b with a hope that one day we will be permanent residents of this country. I love to see Senator Obama as the next president of US but I am afraid that that would be the end of my GC path. I have Canadian Immigration as a backup and if we don't get anything here by next year then we will move to Canada. We are already getting good offers from Alberta Canada and seriously thinking about moving there.




    unitednations
    08-02 02:17 PM
    Definitely so. The fundamental problems of visa numbers and national quota remain and I think the next few months are going to be hell because of this stupid decision to rescind the July bulletin and allow everybody to apply for the I-485. How does one travel in an emergency after the I-485 is filed for but the receipt has not been received?

    Once 485 is filed you can leave and re-enter the country if you have H or L visa.

    You don't need to wait for the actual receipt.

    Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.

    Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.

    I understand that people have to go out on business but they are unnecessary complications that people are doing.




    spicy_guy
    09-19 07:53 PM
    hi
    they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
    Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
    they should clarify this situation since they are taking money from us.
    hetal shah
    hetalvn@yahoo.com

    You will reap the benefits when you retire. Not now



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