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  • dealsnet
    01-07 06:46 PM
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  • ssa
    07-14 08:00 PM
    That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!

    And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?

    Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?




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  • chmur
    09-30 09:31 PM
    he is going to delay my GC further. Simple .I cannot vote but I would rather give my money to McCain if he is a better help in getting GC faster or atleast does not delay it any further.

    I am surprised at the arguments like "I know Obama will hamper our GC further but he is such good talker that my kids future will be safe "

    At best Obama will turn out yet another democrat pres . I doubt if he can match Clinton ...he will be more on Carter lines. Either way I could,nt care less.

    I guess it's time we focus only on our selfish needs ..which is GC ....why would something else be important in next 4 years for this community ...nothing else should matter ...




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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."



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  • shsk
    07-13 01:42 AM
    I am in for it, a very great initiative.
    But would request to check with IV first on this




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  • hiralal
    06-06 02:48 PM
    the above is harshly put ..should have been in better wording but sadly the essence is correct. I had similar feeling ..after years and years if they cannot give me a plastic green card then I don't want to put my hard earned money in immovable asset and keep paying extra taxes (property plus other) year after year.
    also there is a 0.000000000001 percent chance that they may come up with law of faster GC for those who buy a house (almost impossible that it will happen but who knows and might as well keep that route open :D)



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  • mariner5555
    04-16 04:50 AM
    probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.
    hi NKR,
    if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
    personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
    I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
    the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
    let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
    I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
    from what I have read builders are big contributors to congress ..




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  • GCKaMaara
    12-17 02:40 PM
    I remember your religious quotes in "485 Approved" thread.

    Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.

    I am with you. Antulay is a #1 chor. He used communal politics through out his life.



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  • alisa
    12-28 12:40 AM
    I think much of India understands this perspective.

    I hope so.

    I agree with most of what you said. I just think that the expectation to shed the inertia built over two to three decades is a bit too much. It is going to take time, regardless of what anyone wants. Ironically, hostile relationships between India and Pakistan are only going to prolong the process.




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

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

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

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



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  • paskal
    04-09 12:24 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.


    i can only answer from a personal perspective.
    that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
    i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
    by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
    any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.




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  • alisa
    01-03 11:34 PM
    Could you point out the circular logic that I am using?

    But doing circles doesn't make it any less complex...one long post or may be few more (if one had something new to say ) would be any day better than doing circles. Anyways suit yourself if you are getting a kick out of it.

    Thank you.



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  • nk2006
    09-30 02:59 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.




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  • singhsa3
    08-05 09:46 AM
    I don't think there is any point in continuing this discussions. He is right in his own way. You are right in your own way.
    He is concerned about porting across the categories. What you mentioned is the valid point but the affected person will still be able to port with in the category.

    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!



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  • ca_immigrant
    06-23 03:55 PM
    I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...

    in agreement.....there is definately pleasure in living in your own house....




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  • rockstart
    07-15 08:01 AM
    There are two things you can do wait for the system to change to the way you want or else change yourself the way system wants. I am not saying what is right or wrong here it is just what I would have done.

    you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.



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  • easygoer
    01-06 06:35 PM
    Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.

    Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).

    If you want to blame someone for Palestine plight today, blame these two actors.

    The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.

    You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.




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  • Marphad
    12-30 04:20 PM
    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.



    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.

    Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?




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  • riva2005
    04-09 11:57 AM
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.

    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.




    senthil1
    04-06 11:24 PM
    Basically the H1b Cap issue should be resolved. Either unlimited H1b or restriction in bodyshopping is needed to resolve the problem to keep H1b system working. Or current broken system will continue. Also gc is completed related to H1b you can take think what will be the impact. Situation is not good for GC seekers. If they increase h1b retrogession will increase. If they restrict H1b same gc seekers will be impacted. Basically this forum members have to ask unlimited H1b and unlimited GC to satisfy everyone. Is that achivable?

    what are you saying? The above post is totally incoherent




    sumanitha
    12-19 03:04 PM
    Actually I am not against any religion

    Today science has found out that the Earth is 4.5 billion years old. None of the religious book says story about Dinosaurs (Yes all the hippocrats of their religion will intrepret some wordings and make beautiful meanings out of it and will say it has already been quoted.. I have heard enough lectures on that and since you wont know the meaning of the actual word they will play with those words.. )

    I was actually amazed with the way every religious scholor tries to interpret the way they have said about the age of Earth.. How smartly people make use of one year is equal to 1 million year or whatever accordingly and try to bring the result of 4.5 billion years per their Religious versus which says 2000 to 5000 years.. man it is amazing..

    People's vision are covered with a glass called religion.. you need to take that out and see this beautiful world without it.. That will cure lot of problems..

    Dont come and say to me that the more knowledge in science will take you close to religion..

    I accept I have very little knowledge in Science but I admire it and I am thankful to it for all of its discoveries and inventions..

    Tell me one good thing about religion.. I can talk thousands of good things about science ..(Dont cite examples that Science creates lot of bad things.. people use it in a wrong way .. )


    Right, And u must the the enlightened one. And what do you mean by science: physics, chemistry , math or biology or theology

    Is there a difference between god and a religion. I have heard lots of bulls saying " religions are ways to get to the same god" . If that was true then preachers of Islam would not have preached to convert every one to Islam by force or otherwise.

    They would not have preached the following:
    WA ILAHU KUM ILAHUN WAHIDUL LA ILAHA ILLA HU WAR RAHMAN UR RAHEEM
    -- In other words, there is no god but Allah (implying gods of Jews, Christians, Hindus etc do not matter)
    or
    INN AL LAZEENA KAFAROO WA MA TOO WA HUM KUFFARUN ULAIKA ALAI HIM LA NAT ULLAHI WAL MALAAIKA TI WAN NASI AJMAEEN
    -- Meaning : Those who disbelieve, and die while they are disbelievers; on them is the curse of Allah and of angels and of all mankind.
    Now, because I don't share your "ideas" you want me to be cursed. What kind of God will do that.

    Allaha has 100 names including the names like Saboor (99th), Rasheed (98th), Waris (97th) etc. But where are the names of the Gods that others beleive in.



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