Saturday, July 9, 2011

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  • delax
    07-14 10:43 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Paskal,
    Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.

    However here is some food for thought for the mods and the community at large:

    1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
    2. If not, then the implication in the letter is that IV is doing so based on the logo used.
    3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
    4. There is a request to allocate numbers to EB3 based on length of wait.
    5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
    6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
    7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
    8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
    9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
    10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.

    If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.

    I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers





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  • Macaca
    12-30 08:20 AM
    2007: Democrats in Control, but Thwarted (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/30/AR2007123000447.html) By LAURIE KELLMAN | Associated Press, Dec 30, 2007

    WASHINGTON -- It's a painful irony for Democrats: In the space of a year, the Iraq war that was the source of party's resurgence in Congress became the measure of its impotence.

    By the end of the 2007, a Congress controlled by Democrats for the first time since 1994 had an approval rating of only 25 percent, down from 40 percent last spring. Then the debate over the war split the party and cast shadows over other issues, spawning a series of legislative failures and losing confrontations with President Bush.

    What to do about Iraq has turned into a dissing match so far-reaching and nasty that Congress's accomplishments are seen, even by some who run it, through the lens of their failure to override Bush and start bringing the troops home.

    "There is no question that the war in Iraq has eclipsed much of what we have done," House Speaker Nancy Pelosi told reporters. "If you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

    It's not as if the new Democrat-controlled Congress did nothing during 2007.

    It gave the nation's lowest paid workers their first raise in a decade, raising the minimum wage from $5.15 to $5.85 an hour in July. It will rise to $7.25 an hour in 2009.

    Congress also cut in half the interest rates on federal student loans and boosted annual Pell grants for post high-school education by $260 to $4,310 in July, rising to $5,400 for the 2012-2013 school year. Bush signed the bill after initially threatening to veto it.

    And just before Congress turned out the lights for the year on Dec. 19, Bush signed into law a sweeping new energy policy that requires automakers to achieve an industrywide average fuel efficiency for cars, SUVs and small trucks of 35 miles per gallon by 2020, a 40 percent jump. Some analysts said the new law will render gas guzzlers relics of the past and make farmers rivals of oil companies in producing motor fuels.

    "All of us deserve credit for getting some things done," Bush said in his year-end news conference, insisting that he doesn't keep score.

    But on the eve of an election year with the presidency and control of Congress at stake, many others do.

    In the year's firmest push-back against the Bush administration, Congress for the first time overrode one of Bush's vetoes, on a $23 billion bill for restoring hurricane-ravaged wetlands along the Gulf Coast and other water projects. The president had protested it was filled with unnecessary projects, but 34 Senate Republicans defied him.

    Democrats scored other political victories as well. Most significantly, a Democrat-led investigation revealed a troubled Justice Department and forced Alberto Gonzales, a longtime presidential friend, from the attorney general's office. Democrats also played a big role in selecting his successor, Michael Mukasey.

    But the story of Congress in 2007 is more about what it failed to accomplish during a war that the public opposes and that Democrats had vowed _ but did not _ to end.

    On that, they found themselves repeatedly outmaneuvered, unable to break bill-killing GOP filibusters with 60 votes in a Senate where Democrats held only what effectively is a 51-49 majority.

    Plans to expand health care for 10 million children stalled. And a fragile compromise put together by Bush and liberal Democrats to provide a path to citizenship for millions of immigrants buckled with only lukewarm support from all sides.

    Perhaps the most bitter pill came toward the end of the year. Democrats were forced to acknowledge that the decrease in violence in Iraq might mean that Bush's much-criticized surge buildup of troops was working.

    Simultaneously, they found themselves on the defensive against Republican charges that they squandered time on the war that could have been spent getting agency budgets passed on time. As usual, what has become an annual fix to the tax code to save 20 million families an average $2,000 in extra taxes was put off until the final days before Christmas.

    Predictably, Democrats and Republicans blamed each other.

    Majority Leader Harry Reid called Bush's "stubbornness" and Republicans' filibuster threats "obstruction on steroids."

    Republicans suggested Democrats could have accomplished big reforms on Social Security and immigration _ or even just speedy passage of the federal budget _ had it been in their election-year interests.

    "I just don't think the new majority wanted to do anything significant," said Senate Republican Leader Mitch McConnell of Kentucky.

    By most accounts, the window for accomplishing broad new reforms was quickly closing as the nation's political machinery rumbled into position for the 2008 presidential and congressional elections. On the ballot will be all 435 House seats and 35 of the 100 seats in the Senate.

    At stake is a wider Democratic majority, big enough to govern. A cascade of retirements by Republicans in the Senate made that goal achievable. Democrats hoped gain seats in the House, as well.

    So they labored to tout what they had accomplished in the majority. They suggested that what failed this year might pass with more Democrats elected next year.

    Bush has signed into law other initiatives of the Democratic-led Congress, such as $3 billion in funding for Louisiana's Road Home program to rebuild housing stock destroyed by Hurricane Katrina.

    Procedural and institutional reforms became law as well, such as changes in ethics and lobbying rules.

    Behind the scenes, Democrats and their aides debated which fights to pick next year with a lame duck president. Most likely, they said: the children's health care bill.

    Immigration reform, however, appears dead until the new Congress takes its seats in 2009.





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  • Michigan123
    12-29 12:59 PM
    "The great Athenian historian Thucydides, writing almost 2500 years ago, concluded that one reason a nation goes to war is a perception of waning power: act now because the future looks worse than the present. The scale of the assault on Gaza suggests that the Olmert government is validating Thucydides' analysis: embarking on the end game to crush Hamas before it gets stronger, and Israel's position gets weaker. As Thucydides also observed, though, nations taking this gamble tend to be poor judges of what the consequences will be."


    I do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
    by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....

    Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
    " Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "

    so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...
    They support israel to have a jews homeland and side by side clearing mess (you can say they are killing people....etc ..please acknowlede around 170 people died due to bus accident in some rural village etc...no one will notice ...when 170 people died in GAZA ,every one is jumping"

    Well read Bible and other books and you will able to judge .....

    So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
    Please note that Jews killed Jesus. This fact do not go well with conservative

    War has causulaity (Soldiers and Civilians at mass scale) ..But america do not have mass scale civilian causualities .........so America is not having WAR ...It is media hype. They are just doing some small time fights ......(everyone needs in there lifespan to show)...


    At end Pakistan is moving forces across border becuase it is scared . Israel is planning to INVADE palestine becuase they are scared to death ...Thye do not knwo what OBAMA and better emerging Gulf countries will do with them ..


    At end GOD SAVE AMERICA.





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  • JunRN
    06-05 10:25 PM
    I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

    When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

    After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

    So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.



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  • bharol
    01-06 11:33 PM
    I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.

    I know.





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  • BMS
    07-10 02:19 PM
    After going through this post
    I checked my I 94 last entered in 2006 it has different number than other I 94
    I am working with only one company since 2004
    They wrote company name src number correct on I 94
    but number is not same as the one on I 797 bottom totally different

    should i get it corrected ? How



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  • kaisersose
    04-15 10:22 AM
    We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.

    Banks are asking 5% down payment and 10% if the real estate market in that area is not currently stable.

    If you are a first time buyer, you will have several other costs to foot such as

    Closing costs
    Moving costs
    Apt lease breakage (if applicable)
    Initial basic furnishings at home that cannot wait

    Plan for all this, and in general it s advisable to have some money squirreled away to pay bills during emergency situations such as layoffs. Since you have already decided to buy a home, the one thing I would tell you *not* to worry about for now is selling the home.





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  • breddy2000
    03-31 10:02 PM
    I was quoting you to make a point, did not mean to put words in your mouth. Apologies.

    I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/09 and notice date is 09/06/2009, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.

    did u mean to say 2007 or 2009 on your receipt and notice dates?



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  • chanduv23
    03-24 04:32 PM
    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.

    it can be for Physicians, professors, reseaerch, teaching etc..





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  • apb
    10-01 05:45 PM
    Engg from top school in India + MBA + CFA started the process of GC in 2000. Lost first round of GC in the black hole of backlog processing center and restarted again in 2004. Never was out of job even in the worst of economy and always got good pay from company.
    CIR was a disappointment and I took PR from Canada since I lost hope with the system after 9 years in limbo and being a probationary worker without any career hope. My wife with her masters in computer had to remain on H4 for long and now when we have EAD we thought we could be a little better off, the broken system in USCIS again came up during EAD extension processing and gave us a jolt. EAD finally gets approved after several SRs, Infopass and ombudsman mail but only after the current one expires. If 90-120 were not enough, then at least allow EAD extension to be filed much before in advance.
    H1B extension can work based on Receipt notice, 485 is filed based on EB and EAD extension applied based on pending EB based 485--BUT we can work only after we get the EAD in hand. Why? There are many gaps in the way USCIS works and there is no credible transparency for the fee that we pay to get the service.
    We love CHANGE but would that change be for better?



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  • Michael chertoff
    12-19 11:15 AM
    Moderator/Admin/Pappoo,

    Please delete this thread. It is not helping in anyways to our immigration goals.

    Calm down friends.

    MC





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  • GCKaMaara
    12-17 03:49 PM
    Your anger is justified, but what is your contribution to fix this? created a new IV handle TODAY to talk against a faith? So your other handle where you talk only about immigration will be clean? LOL!

    Your are really a brave Indian!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.



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  • Amma
    12-26 10:24 PM
    to clean our bottom. I agree. We have to do it ourselves.However, attacking terror camps in Pak by India is not going to solve the problem.

    We are dealing with mad , fanatic , fundemantalistic army with weak democratic government.I think majority of Pak citizens are like us.They don't want war. The ideal way is squeeze that country by economic sanctions, international seperation etc.

    If we attack even the so called terror camps, the Laskar e Toiba people will be gone long time ago. May be we have to satisfy by killing the some innocent Pak citizens by those surgical attacks.

    World policeman America did the similar cleaning business by arming the fanatics in Afganistan to oust Soviet army from Afganistan. The devil nourished by America with support of Saitan ISI is biting back US now.

    Israel is not sleeping peacefully. OK they won the six days war by preemptive strike of Egypt. What happened now ? Stupid palestinan Hamas fire two rockets killing two isralies inturn killing of twenty innocent paletinaian by brutal isral army. Is the middle east problem solved by preemptive attack or postemptive attack? It will be solved by mutual giving and taking not by war.


    You don't want to get tore away your front and back by fighting with lunatic Pak military. You may destroy the Pakistan, but you will be without front to
    --- and back to ----.You means not you. Our brave Indian soldiers.You will be sitting in your airconditioned room , watching the live relay in CNN of Indo-Pak war and happy with mutual assured destruction the war will bring on both poor countries.

    So, let US army to attack the so called camps .They are already doing in the Afgan-Pak border. Let them tilt their gun little bit more so that the camps on POK also get hit.

    It is foolish to get killed.Let the other man do the job for you.Let the world policeman do what it preaches. " War on terror ".





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  • unitednations
    03-24 02:47 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

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

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

    Right now;

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

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

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

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

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

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



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  • gapala
    12-24 08:54 AM
    Well said Sanju.

    These are those age old arguments that they lay down to justify evil acts. its rediculous





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  • gc28262
    06-07 02:58 PM
    Very interesting discussion going on in this thread.

    Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?

    Appreciate your feedback.



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  • EndlessWait
    07-14 09:24 PM
    for those who were eligible to file in EB2, its even more painful...

    There are just too many cases in the Eb3 pipeline, unless USCIS/govt. does something about it..





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  • chanduv23
    03-24 03:25 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    UN is trying to go into the "inner mind" of an USCIS officer and think how they think.

    He is not biased - he has helped a lot of people. He is just asking people to look at the view point from the other side.

    He says - look at illegals, look at family based, look at employers, look at USCIS officers, look at things from every perspective .......

    I keep telling this again and again to all the folks here - not to assume things that suits you just because you feel comfortable - look at things from the other side too. As long as you have followed the law - you have to take legal advice from lawyer.

    Remember - this is a bad time with economy - with job losses - everything may not work for you.





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  • waitnwatch
    05-24 10:38 PM
    I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.

    -R

    you're right! I got a bit carried away given that the discussion in the thread was kind of intense at that moment. your point is taken.





    wantgc23
    08-11 07:55 PM
    really good thread





    texcan
    08-05 01:13 PM
    I only read a few posts, but seems like there a lot of moral blasting and blame game going on.

    I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.

    I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.

    Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".

    Folks,
    Please donot kill each other ...let people speak, this is least we can do for each other.
    We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
    Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)


    Our focus should be on purpose and not get frustrated by process.



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