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devikas8112-19 01:38 PMAll Pakistanis are not a Terrorist but all Terrorist are Pakistanis..



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sc308-05 08:07 PMI have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.



If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.

Emotional and silly? I dont think so. This thread talks about stopping a legal option available to lots. The arguments provided have no legal grounding.

Also, your claim that "in US Bachelors degree is the considered the basic or primary degree" is not supported by law (show me the law which states as such, and I will shut up). It is again subjective. There are a lot of "Associate degree" etc, so classification of "basic degree" is nothing by subjective. As I said before, what you consider "Advanced" need not be a advanced degree for another, and the law never explicitly talks about what is meant by "Advanced". It is USCIS guidance on what it considers to be "advanced degree".

The thread says we should disallow Eb3's refiling because it is unfair, I am saying jumping jobs without getting GC is unfair. Again subjective... what you consider unfair maybe very different from what I consider unfair. The law allows for both, EB3 refiling, as well as Ac21 portability. We cant do anything about it -- none of these are basis for lawsuits wants it to be.


"You have a advanced degree that no Bachelors can do... that is the law"


So now you take recourse to the law, when you support filing a lawsuit for something written in law. Furthermore, just guessing here, looks like you are in medicinal field, or something that affects human life. Well, that law is not universal. There are other countries where the same job can be done by a bachelors. To some extent such "advanced degree" requirements are put in place by lobbies, or due to some other constraints.


No, every EB3 does not think EB2 is fraud. It is EB2s that think EB3s can be done by anyone pulled off the street. Every occupation needs skills, just because someone has an advanced degree mean that all other work can be done by monkeys.


And BTW: Someone gave me a neg, saying I am disparaging EB2 by calling them Monkeys. No I did not do that, some other guys brought it on themselves when they claimed EB3 work can be done by monkeys. I just said, if EB3 work can be done by monkeys, so can EB2 work. Read before you leave comments to others.



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hopefulgc08-07 12:57 PMLion could go to Canada (Alberta anyone?). I hear they would atleast accept him as a Cheetah(canadian PR) or a mountain lion.
Its a different thing that he would have absolutely nothing to hunt up there (read.. no jobs) and he will probably languish up in the snow competing with polar bears to score seals who are too lazy to move :D:D


Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:

Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D



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ItIsNotFunny12-17 03:11 PMLooks like his initial intentions were not bad but discussion went on wrong direction.

Shanti! Shanti!

Marphad,

In the recent past, I have expressed my views about the same subject on this forum. I was very angry with what happened in Mumbai. The desire to fix the wrong has not gone away, but now that I look back, I regret some of the things I said at that time. My comments did not do any good and some of the coments offend few others on this forum. Those who felt offended by my comments are just as entitled to these forums as I am. I am not trying to be politically correct, just trying to say that it doesn't serves any purpose to dicsuss this issue on IV fourms.

Branding all people from a specific faith doesn't help in anyways. For too long men have fought because of religion and each such time was avoidable.

I do have a suggestion. To get some perspective, I suggest you watch the bollywood movie "New York", although I am not a big fan of bollywood movies.

Peace.


.

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vagish04-07 09:55 PMRegardless of the various previous comments of whether this bill will or will not make it, I don't care to wait to find out.

I will do whatever I can do to help a concerted effort to nip this bill in the bud. Give me my marching orders.
This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
before expanding H1B they will have to tight the programe.



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apt705-30 05:16 PMAccording to wikipedia the def of a consultant is..

"The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."

Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.

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addsf34512-19 10:55 AMI am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.

Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.

Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.

Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.

The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..

'The jihadists are dragging us into the Middle Ages'

December 19, 2008

Reportage: Arthur J Pais
Imagine the economic and social problems of Muslims in India is solved, Salman Rushdie said the other day; imagine the Kashmir problem is also solved; imagine too, the Israelis and Palestinians have made peace. Would al Qaeda and the various self-proclaimed jihadists "then put their guns down?"

He has no illusions any such thing would happen, he said firmly.

The jihadists are bent not only on "dragging us into the Middle Ages," he declared but are also planning on world domination. "It is all about power grabbing."

Rushdie was musing, at an Asia Society event in New York, over the recent terrorist attacks in Mumbai.

The terrorists were not really concerned what happened in Kashmir, he continued, and their action has to do with everything that overtook Sufi Islam in Pakistan and had it replaced by "fanatical Islam, an Arabised Islam."

read more: http://specials.rediff.com/news/2008/dec/19slide1-understanding-the-mumbai-attacks.htm



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learning0105-24 01:00 PMIt's a request.

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BumbleBee03-24 02:41 PMAgain, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.

Just hope that USCIS will buy your story!

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

Q : What is an H-1B?

The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

As per USCIS, H1B is for temporary job



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alterego07-13 02:09 PMHaving a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?

It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.

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lfwf08-05 03:53 PMIf that's the law then there is not much of a debate here!

I think admin should close the thread as the point of a lawsuit is moot.

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.



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Marphad12-22 04:38 PMAlright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
(another example of the tyranny of the majority against minority) .
Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!


And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.

So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?

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bigboy00710-05 06:13 PMBut as many have pointed out , I have same doubts whether US will maintain its edge with all these issues facing.

Coming on to GC , its a mess already .. Dates even might retrogress more :-( but with new admin and initiatives like CIR07 if it passes again I dont what situation we might face.

Let us give Obama a chance and see what he does� We are already in deep shit and nothing worse can happen



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walking_dude09-28 08:01 PMObama presidency will be a positive experience or a negative, based on whether Sen. Obama chooses to show Leadership or panders to the extreme left-wing of his party.

Obama has everything to gain from supporting the EB community. An example is the loyal following Pres. Clinton has developed with the Asian community through the passage of recapture in the American Competitiveness in the 21st Century Act. Passing pro-EB immigration bills will definitely create a pro-Obama community as he gets ready to run for the second term. Though these new Permanent Residents may not be having the vote, they can contribute generously to the Obama campaign legally.

Obama campaign won't be able to bank on 'Hope and Change' for the second term. Contributors will be judging him based on what he has done for their community. As he faces the Republican money-machine these contributions from the grateful former-EB immigrants will create a safe avenue for funding.

Helping EB immigrants will not hurt Obama with the labor unions and left-wing groups. Whatever be their gripes, they will not be voting Republican or contributing Republican for sure. Same cannot be said of EB immigrant community who can by and large go Republican, if they see Obama working to the detriment of their interests and the community. With Asian votes and more importantly being so crucial in NY/NJ and CA, If I were Obama I would think hard before supporting anything that can turn these communities against me, and my party for a long time given the uncertainties of politics. If past trends have been any indication EB immigrant community has always voted solidly Democratic. Last thing any sensible leader or party will do in democracy will be losing thousands of future voters likely to vote for them and/or their party.

Obama can either create a lasting Legacy with this community.Or he can make them angry for life by pandering to the extreme left-wing of his party, who won't even remember the action come the next elections. I hope Obama makes a sensible choice for the greater good. But if the current Democratic party politics is any indication, I am skeptical. It is beyond my understanding why the Democratic party leadership is hell-bent on converting the pro-Democrat EB immigrant community into future reliable Republican voters, by consistently black-balling any bills that could help the community!

Passing anti-EB immigrant measure will NOT help the Dems get any new votes that they already don't have. Dems may lose a few votes for short term -which I highly doubt - by passing Recapture and other pro-EB bills. But that loss will be more than offset by new grateful voters who will vote Democratic for a generation and may be more. I can only hope that common sense prevails, and Obama acts keeping the common interests of his party and EB immigrants in mind while acting on the issue, while getting ready to pack-up for Canada or India, if forced to do so by Sen. Durbins pet policies.

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Arjun07-14 08:49 PMIf this is the case.
Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.

No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.

EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.

When there are more numbers in the pool it helps one way or the other.



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gcbikari08-11 02:53 PMKeep more lessons coming...don't worry about the #2 that you forgot
Thought #2 was a dirty lesson and intentionally removed.

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cinqsit03-26 02:08 PMUnitedNations,

So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

cinqsit



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gcsim08-06 03:49 PMBihar Driving License...

DRIVING LICENSE APPLIKASON PHOROM
------------------------------------------ -----------------------


NOTE: Please do not soot the person at the applikason kounter.
He will give you the licen.
For phurthar instructions, see bottom applikason.


1. Last name:

(_) Yadav (_) Sinha (_) Pandey (_) Misra (_) Dot no

(Check karet box)

2. First name:

(_) Ramprasad (_) Lakhan (_) Sivprasad (_) Jamnaprasad (_) Dot no

(Check karet box)

3. Age:

(_) Less than phipty (_) Greater than phipty (_) Dot no

(Check karet box)

4. Sex: ____ M _____ P(F) _____ not sure _____not applicable

5. Chappal Size: ____ Lepht ____ Right

6.Occupason:

(_) Politison (_) Doodhwala (_) Pehelwaan (_) House wife (_) Un-employed

(Check karet box)

7. Number of children libing in the household: ___

8. Number that are yours: ___
9. Mather name: _______________________

10. Phather Name: ____________________ (If not no,leave blank)

11. Ejjucason: 1 2 3 4 (Circle highest grade completed)

12. Dental rekard:

(_) Ellow (_) Berownish-ellow (_) Berown (_) Belack (_) Other -__________
Give egjhakt color

(Check karet box)

13.Your thumb imparesson :
____________________________

(If you are copying from another applikason pharom, please do not copy
thumb impression also. Please
provide your own thumb impression.)

PELEASE DO NOT USE PHINGERS OF YOUR LEGS

Use thumb on y our lepht hand only. If you dont have le pht hand, use your
thumb on right hand. If you do not have right hand, use thumb on lepht
hand.

NOTE: IF YOU DONT HAVE BOTH HANDS, YOU CANNOT DRIVE.

WE ARE VARY ISTRICT ABOUT THIS .


WOW guys too good .....love this bihari joke....keep going



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mrajatish07-08 10:07 AMHi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.

1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.



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GCOP07-13 09:36 AMDoes IV want to change the format of the letter ? If so, modified letter from IV will be appreciated. I thank pani_6 and IV's effort to address the EB-3 situation. If necessary, IV can also arrange meeting with Department of State for discussion of EB-3 Visa allotment and delays. EB-3 situation is really dier. IV is requested to please arrange meeting with DOS.