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  • unitednations
    08-02 10:51 PM
    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

    We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.

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  • HopeSprings
    08-06 10:48 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.

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  • Macaca
    12-20 08:47 AM
    Resolve To End Hyper-Partisanship ( By Mort Kondracke | Roll Call, December 20, 2007

    Suppose Sen. Barack Obama (Ill.) wins the Democratic nomination and picks Republican Sen. Chuck Hagel (Neb.) or Independent New York Mayor Michael Bloomberg as his running mate. Or, suppose Sen. John McCain (Ariz.) wins the GOP nomination and picks Independent Democratic Sen. Joe Lieberman (Conn.) as veep.

    Suppose even further that, over this year's holidays, Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.) and President Bush all resolve that next year they'll really try to live up to the pledges they all made in early 2007 to work across party lines to - as they all said - do the problem-solving work voters elected them for.

    Is it all fantasy? Perhaps it is, given the hyperpartisanship of contemporary politics. Yet, every poll on the subject indicates that Americans are fed up with their politicians' incessant tribal warfare and inability to address problems everyone agrees are becoming more serious from inattention.

    If the two parties' presidential nominees reached out across party lines to pick their running mates - Obama and McCain seem the likeliest to do so - it would serve as dazzling notice that times were changing.

    It would be even more astounding if Congressional leaders and Bush could decide that, instead of repeating the dismal, few-achievements record of 2007, they'd resolve to solve at least one major problem in 2008 - say, pass tough but compassionate comprehensive immigration reform.

    Over the holidays, America's political actors - and observers - would do themselves and the country a favor by reading Ron Brownstein's new book, "The Second Civil War," whose subtitle begins to tell it all: "How Extreme Partisanship Has Paralyzed Washington and Polarized America."

    Brownstein, formerly with the Los Angeles Times and now political director of Atlantic Media Co. publications, vividly describes the historical origins of "hyperpartisanship," a term he borrows from a sometime practitioner of it, former Republican National Chairman Ken Mehlman.

    More importantly - Brownstein eloquently laments the consequences of the disease and offers some fascinating remedies, some derived from former President Bill Clinton, whom he interviewed at length. Brownstein doesn't suggest picking vice presidents across party lines. Those are my radical imaginings - though they are derived from conversations with participants in presidential campaigns.

    Brownstein has this right: America is the richest, most powerful nation on Earth, but its leaders can't agree on a plan to reduce dependence on foreign oil, can't balance the budget, can't provide health insurance to a sixth of its population, can't align its promises to retirees with its ability to pay the cost and can't agree on strategies to combat Islamic terrorism.

    Why not? Because solutions to these problems require bipartisan "grand bargains" that polarized politicians are unwilling to make.

    "Our politics today encourages confrontation over compromise," Brownstein writes. "The political system now rewards ideology over pragmatism. It is designed to sharpen disagreements rather than construct consensus. It is built on exposing and inflaming the differences that separate Americans rather than the shared priorities and values that unite them."

    Brownstein puts primary blame on conservative Republicans for the rise of "warrior" politics, especially former Speaker Newt Gingrich (Ga.) and House Majority Leader Tom DeLay (Texas), Bush and his former guru, Karl Rove, and their allies on talk radio.

    But he observes that Democrats are catching up in hyperpartisanship, flogged on by and leftist bloggers. Mainstream media, too, encourage conflict over consensus. And the public has become ideologically "sorted," as well, making the GOP more conservative, Democrats more liberal and moderates torn.

    Brownstein gives rather more credit to Clinton than I would as a model centrist. He was that on policy - the "Great Triangulator" -but his personal misdeeds, slipperiness and tendency to respond savagely to threats made him as divisive as Bush, the "Great Polarizer."

    But how can we end the war and engender vigorous, substantive debate that leads to consensus? Brownstein recommends that states banish closed primaries and allow registered independents to participate in picking candidates.

    He also advises that political leaders look to a growing corps of cross-interest coalitions - such as the Business Roundtable, Service Employees International Union, AARP and National Federation of Independent Business - working to develop consensus solutions to problems such as health care and entitlement reform.

    But the prime requirement is presidential leadership - a willingness to spend time with leaders of the opposition party, include them in policy deliberations, really heed their concerns and try to build electoral coalitions and Congressional support of 55 or 60 percent, not Bush's 50-plus-one.

    "Imagine ... that such a president told the country that he would accept some ideas counter to his own preferences to encourage others to do the same. Surely such a president would face howls of complaint about ideological betrayal from the most ardent voices of his own coalition.

    "But that president also might touch a deep chord with voters. ... It has always been true that a president can score points by shaking a fist at his enemies. But a president who extends a hand to his enemies could transform American politics." Amen.

    Think about it over Christmas.

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  • h1techSlave
    12-26 01:38 PM
    A full fledged war between India and Pakistan is very very unlikely.


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  • file485
    07-07 09:41 PM
    Hi Manu..

    it must be living hell for you with this mess, we all pray for you to get some route out of this hell.

    When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?

    pls post..

    waiting for your response.

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  • gcisadawg
    12-22 03:29 PM
    Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.

    On the other hand if some is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call of justice to prosecute the attacker.

    More than the people of Kashmir or the land of Kashmir, it is the waters of Kashmir that is becoming a huge issue. This hasn't gotten a huge attention in the media. I read an article in one of the foreign affairs magazine at a local book store and they have explained this issue at length.


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  • alterego
    07-13 02:18 PM
    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.

    In the old interpretation after EB3ROW, it would be EB2C and I and then finally EB3I.

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  • desi3933
    08-05 04:06 PM
    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    US Permanent Resident since 2002


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  • rockstart
    07-14 10:43 AM
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?

    I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).

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  • pmb76
    12-20 02:03 PM
    razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
    I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.

    We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
    Just my 2 cents.

    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.


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  • xyzgc
    12-27 12:25 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?

    You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.

    But surely you are well-aware that they have done it in the past and now its all back firing!
    The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
    That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.

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  • shuyaib
    12-22 09:28 PM
    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?


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  • nogc_noproblem
    08-06 09:54 PM
    A little boy went up to his father and asked, "Dad, where did all of my intelligence come from?"

    The father replied, "Well son, you must have got it from your mother, because I still have mine."

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  • CreatedToday
    01-07 07:11 PM
    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,




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  • akred
    04-07 12:22 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

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  • CreatedToday
    01-06 05:39 PM
    Oh! you were so saddened and shocked about the killings happening far way!
    And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn�t see any post from you in that thread)

    Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.

    OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?

    I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.

    But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.

    If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.

    So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.


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  • amitjoey
    08-05 02:11 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    GOOD POINT: IN my case Sunnysurya has EB3 even after waiting and doing the right things: ie: having a masters and all that. and MR. XYZ filed in EB2 with shady arrangements and got thru. so what does Sunnysurya do>?

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  • gapala
    12-17 05:24 PM
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    I can see tabletpc standing naked!!!!!:D

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  • Administrator2
    04-06 09:03 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.

    04-07 05:29 AM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    04-06 10:44 PM
    I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)

    1) India and China stop sending so many Engineers and doctors.
    2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's

    I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.

    Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!


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