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  • DSLStart
    03-23 10:08 PM
    Man!!! thats getting nastier..
    Best bet for you is to hire an attorney to come out of this trap.
    Good luck!

    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)





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  • waitforgc1
    06-05 03:16 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    Thats Correct!





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  • alterego
    07-14 04:32 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.



    That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
    Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
    It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
    This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
    This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.

    Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
    Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.





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  • xyzgc
    12-22 11:35 PM
    Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live

    Hindus also have a history and we are proud of it.
    Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
    We are proud of the fact that we didn't attack other countries and pillage other lands.



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  • abracadabra102
    08-06 05:01 PM
    Interviewer: How come?

    Stroustrup: You are out of touch, aren't you? Remember the typedef?

    Interviewer: Yes, of course.

    Stroustrup: Remember how long it took to grope through the header files only to find that 'RoofRaised' was a double precision number? Well, imagine how long it takes to find all the implicit typedefs in all the Classes in a major project.

    Interviewer: So how do you reckon you've succeeded?

    Stroustrup: Remember the length of the average-sized 'C' project? About 6 months. Not nearly long enough for a guy with a wife and kids to earn enough to have a decent standard of living. Take the same project, design it in C++ and what do you get? I'll tell you. One to two years. Isn't that great? All that job security, just through one mistake of judgement. And another thing. The universities haven't been teaching 'C' for such a long time, there's now a shortage of decent 'C' programmers. Especially those who know anything about Unix systems programming. How many guys would know what to do with 'malloc', when they've used 'new' all these years - and never bothered to check the return code. In fact, most C++ programmers throw away their return codes. Whatever happened to good ol' '-1'? At least you knew you had an error, without bogging the thing down in all that 'throw' 'catch' 'try' stuff.

    Interviewer: But, surely, inheritance does save a lot of time?

    Stroustrup: Does it? Have you ever noticed the difference between a 'C' project plan, and a C++ project plan? The planning stage for a C++ project is three times as long. Precisely to make sure that everything which should be inherited is, and what shouldn't isn't. Then, they still get it wrong. Whoever heard of memory leaks in a 'C' program? Now finding them is a major industry. Most companies give up, and send the product out, knowing it leaks like a sieve, simply to avoid the expense of tracking them all down.

    Interviewer: There are tools...

    Stroustrup: Most of which were written in C++.

    Interviewer: If we publish this, you'll probably get lynched, you do realise that?

    Stroustrup: I doubt it. As I said, C++ is way past its peak now, and no company in its right mind would start a C++ project without a pilot trial. That should convince them that it's the road to disaster. If not, they deserve all they get. You know, I tried to convince Dennis Ritchie to rewrite Unix in C++.

    Interviewer: Oh my God. What did he say?

    Stroustrup: Well, luckily, he has a good sense of humor. I think both he and Brian figured out what I was doing, in the early days, but never let on. He said he'd help me write a C++ version of DOS, if I was interested.

    Interviewer: Were you?

    Stroustrup: Actually, I did write DOS in C++, I'll give you a demo when we're through. I have it running on a Sparc 20 in the computer room. Goes like a rocket on 4 CPU's, and only takes up 70 megs of disk.

    Interviewer: What's it like on a PC?

    Stroustrup: Now you're kidding. Haven't you ever seen Windows '95? I think of that as my biggest success. Nearly blew the game before I was ready, though.

    Interviewer: You know, that idea of a Unix++ has really got me thinking. Somewhere out there, there's a guy going to try it.

    Stroustrup: Not after they read this interview.

    Interviewer: I'm sorry, but I don't see us being able to publish any of this.

    Stroustrup: But it's the story of the century. I only want to be remembered by my fellow programmers, for what I've done for them. You know how much a C++ guy can get these days?

    Interviewer: Last I heard, a really top guy is worth $70 - $80 an hour.

    Stroustrup: See? And I bet he earns it. Keeping track of all the gotchas I put into C++ is no easy job. And, as I said before, every C++ programmer feels bound by some mystic promise to use every damn element of the language on every project. Actually, that really annoys me sometimes, even though it serves my original purpose. I almost like the language after all this time.

    Interviewer: You mean you didn't before?

    Stroustrup: Hated it. It even looks clumsy, don't you agree? But when the book royalties started to come in... well, you get the picture.

    Interviewer: Just a minute. What about references? You must admit, you improved on 'C' pointers.

    Stroustrup: Hmm. I've always wondered about that. Originally, I thought I had. Then, one day I was discussing this with a guy who'd written C++ from the beginning. He said he could never remember whether his variables were referenced or dereferenced, so he always used pointers. He said the little asterisk always reminded him.

    Interviewer: Well, at this point, I usually say 'thank you very much' but it hardly seems adequate.

    Stroustrup: Promise me you'll publish this. My conscience is getting the better of me these days.

    Interviewer: I'll let you know, but I think I know what my editor will say.

    Stroustrup: Who'd believe it anyway? Although, can you send me a copy of that tape?

    Interviewer: I can do that.





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  • h1bmajdoor
    07-07 08:59 PM
    Hi,

    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.



    there's a clause somewhere that if you don't get EAD in 90 days you can go to the local USCIS officer and get a temporary EAD.

    Other than that, pray to you favourite god.

    money, lawyers and god are useful to have on your side.



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  • hopefulgc
    07-13 09:56 PM
    eligibility comes for having gained the requisite experience in another job.. not the current one.


    One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).

    Peace.





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  • lfwf
    08-05 07:03 PM
    I 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.

    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


    This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.


    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.


    The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.


    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


    Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.


    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.

    I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
    So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?




    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.



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  • ss1026
    12-20 04:23 PM
    Every one I know (muslim or non muslim) is appaled by the Mumbai incident. A sensible person has to be. I do not know the sentiment in pakistan though I am sure there is a propaganda machine at work there. I have many pakistan collegues here and they were outraged. If this was an act, they are good it. This is similar to saying that most hindus were not appaled by what happened in gujarat/orissa.

    Silly as it sounds, there is no justification to kill innocent people. I read the mumbai attacked forum and was horrified what was said on both sides. Unfortunately, truth is usually the first casaulty in such incidents followed by been responsible and polite. I am sure words were exchanged from all sides.

    My hope or naivety is straigth forward. Lets stop the cycle of hatred and get the guilty to justice (tough justice if that is what is needed). India is destined for greatness and I believe it is time for a Justice system that functions without prejuidice or fear.





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  • lfwf
    08-05 07:12 PM
    Good points below.

    Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.

    EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.

    Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...

    Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.

    Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?

    No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.

    By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.

    Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.

    You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.

    Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D



    OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting



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  • StuckInTheMuck
    08-11 04:40 PM
    hey, this happened right in front of eyes!! I can NEVER EVER forget it!!

    My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).

    I asked her what happened..

    She said "How can they do that?"
    "This is not good."
    "Don't they know how to talk to a woman?"

    I asked "what happened"

    she said, "might be a prank call, but I'll talk to my employer about it."

    Her next sentence had me rolling over the floor for the next hour.

    She said "After asking some technical questions, they wanted to ask some general ones"
    and he asked "why is a manhole round?"

    She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
    While your lady colleague's embarrassment after learning the meaning of "manhole" is understandable, apparently the gender slant of this word was so bothersome that the city of Sacramento had to officially rename it "maintenance hole" in 1990 (thereby retaining the same initials MH on the city's utility maps) :)





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  • nojoke
    04-15 09:26 PM
    Ok there you go, now you cannot buy a house in India and you don't want to buy one here. Neither here nor there, but then i do not play with emotions as someone had accused me, so I wish you happiness whereever you are.

    The evidence is overwhelming. The housing will go down so much that there will be hard lessons learned. No one will talk about investing in housing for a long time. I want to buy a house too. I just don't think you pay whatever the inflated price is demanded and throw away my hard earned money. You pay what is worth. Why do you insist that everyone has to participate in this ponzi scheme:confused: and keep the price inflated? Housing should be affordable and come to sane levels and I believe it will.



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  • go_guy123
    09-27 12:31 PM
    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.

    Canada PR can no longer be backup...since 2002 the new rules have are requiring Canadian PRs to physically stay in Canada for 2 out of 5 years to
    maintain PR.





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  • Beemar
    12-26 10:56 PM
    Looks like India is employing a cold start strategy. In the first phase of operations, Indian Air force will strike LeT camps in Muridke and Muzaffarabad and then ask Pakistan to refrain from taking retaliatory action. The onus will be on Pakistan to take the decision regarding further escalation of hostilities.

    Interesting to see how Pakistan will respond to such a move.



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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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  • 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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  • Marphad
    12-22 04:43 PM
    I attended one meeting lectured by Mr. Arun Shourie. He gave a classic example of people's mentality:

    In West Bengal, in early 90s Banks wanted to introduce computerized system. Union opposed heavily keep saying this is "Inhuman" and against the labor. And to the surprise, union won. They had to postpone plans to introduce computers on lower level.

    Meanwhile, private banks came in. Their services were much better and faster and nationalized banks started facing serious customer satisfaction problems consequeted to business loss. Then the same union came on road against nationalized banks - actually broke couple of them like a riot saying that these people are stealing our breads.


    Isn't this the same some religious organizations are doing? They are not training kids for professional world. And then they teach people like Kasab that other side of border is rich and we are poor.

    Think over this.





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  • maverick_joe
    08-06 03:08 PM
    haha haha..man, cant let this thread disappear!
    bump bump!





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  • unitednations
    07-17 12:37 PM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    A decent number of people were in this situation during those two years.

    uscis if they want can go all the way back to date of last entry prior to filing 485 to prove status (monthly paychecks, w2's, etc.). If cumulatively you did not maintain status for 180 days then it can be a problem. If you get this type of rfe then you have to go through great lengths to explain and get the out of status time to less then 180 days.





    rajuram
    07-13 02:35 PM
    Lets not worry too much about the contents of the letter. The purpose is getting their attention and also to show how many people are affected. EB3s please write this letter, ask your friends, family etc...

    Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
    Subcommittee on Immigration, Citizenship, Refugees, Border Security
    and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)





    desi3933
    08-05 04:33 PM
    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    .....
    .....


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    Are you Rolling_Flood?

    Law is what it is. It is not what you believe is correct.



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