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  • delax
    07-14 10:14 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy. I have contributed in each of IV effort knowing fully well that Eb3I is not going to be benefited by the effort. Still someone was getting the benefit. Now if EB3I want to do something, what is the issue? If a person from Eb2I with PD of 2006 feels that the reason behind efforts taken by a EB3 I person with PD of 2001/2002 is jealousy, then the EB2I person is being very narrow in his/her thinking. It should not take a huge amount of brainpower to realize the frustration and sadness the EB3 I person would be feeling. Irrespective of this I think a lot of people who contribute to IV campaigns are EB3I.

    Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.

    Sure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).

    Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.

    I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.





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  • gcisadawg
    12-27 02:21 PM
    Found this somewhere in the internet , this is meant for those Indian muslims who want to cause havoc in India.

    Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia , as the government targeted radicals in a bid to head off potential terror attacks.
    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language.
    -----
    Maybe if we circulate this , Indian citizens will find the backbone to start speaking and voicing the same truths against islamic radicals infesting the country.

    Interesting. In Australia, the Muslims that want to live under Sharia law are immigrants but In India they are part and parcel of Indian fabric for several centuries. So, John Howard's 'Memo' may not work in India! One pill doesn't cure all ills! As Howard said, try making one language as THE language and see what happens. We have gone thru that path and let us not fool ourselves.


    Coming to Sharia law in the context of Indian Muslims, If Sharia Criminal law is implemented for Indian Muslims, what would happen? While non-muslims who commit small crimes in India serves few months or few years in Jail, Indian Muslims who commit the same crime would loose a hand or a two and a leg, maybe. This would see equal application of Sharia Law, both personal and Civil.

    Sharia law is OK as long as it is personal and when things are resolved among Muslims. But when one of the community member isn't satisfied and come to a secular court, then the secular law of the land should apply. For instance, when Shah Bano came to court, Secular law should have been applied.

    Amend Existing personal and criminal law to remove any references to religion, either Hindu , Muslim, Christian or any. (I believe Criminal code never had any reference to religion)

    Pass a super law that states "With respect to PERSONAL laws only, India respects Hindu law, Sharia law and whatever new law any new religion comes up with when it is used solely among that community. But when a member of any community approaches any judicial wing of the country, then the secular law of the land would prevail"... For ex, if a muslim who marries two wives is drawn to court by one of his wives, the first question should be "which wife do you want to keep since secular law recognizes only one"...For the divorced wife, everything that should be done based on secular law should be done including alimony, child custody etc..

    Indian Muslim community is not one big mass instead it is fragmented. There is no national leader of repute that can unite them and lead them. They may not vote for BJP due to obvious reasons but their vote is spread across all other parties. For instance, they have to go either with DMK or ADMK where congress has no scope of occupying CM post! So much is made out of Antulay and the vote bank. Maybe Antulay would be able to win his constituency. But can he get the all the Muslim votes of Maharashtra? I doubt it..Forget about national level. Many people are hearing his name for the first time because of his statement.

    Where does it leave Indian Muslims who are caught between Vote bank politics and their self-inflicted as well as forced stagnation?

    Peace,
    G





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  • smisachu
    12-28 08:22 PM
    As I have said in my post, the pak civilian govt is not at fault; at least now. The terrorists have over run Pakistan and on a long term basis it is not only bad for India but for Pakistan itself. I am pretty sure you realize it now.

    The techonology needed to deliver and set off a nuke is not something that could be purchased and used out of the box, Pak does not have the full capability even according to paks own accounts. Now let us neglect this point, it will be highly unlikely that Pak will use a nuke even if it could. The consiquences of nuking in the modren world is dire and no one in Pak or India have the balls to do something like that. Pak depends on US funding heavily and it cannot afford to cut off such a source by using nukes.

    Finally- my question to you is why dosent Pak simply kill all these crazy SOB's and hand over the terrorists to India so they can hang them. We all know where these guys are so let's not pretend that Pak is "searching" for them. So instead of defending terrorism I really want see Pakistanis stand up and tell their government to either fry the damn terrorists or be fryed!! You are feeling the pinch of supporting religious fanatics now, this is the time to clense your self socially.


    Since more than a few hours have past since this thread was started, I can think that we can sleep in peace knowing that there won't be a war.

    Having said that, I am startled at the number of Indians who seem to be sold on the idea that war is the answer. I went over to an Indian friend of mine and was shocked at the type of coverage. It seemed so much like the US media before the Iraq invasion.

    Exactly what will India accomplish by squandering away the economic clout it has gathered? Yes India is a regional power and probably an emerging global power. Yes, in a long drawn out conflict, Indian will probably win. Happy now? But at what price? PLEASE, Indian is no US and Pakistan in no Iraq.



    What I need to know is that what %age of Indian population believes this and the whole "Chinese-made" nuke crap? Is it being spewed out on TV by arm-chair generals and defense analyst? This will explain why everyone is sold on the whole War idea. And this after the debacle that US finds itself in Iraq and Afghanistan?

    Does anyone understand the concept of a nuclear doctrine? I have been out of it for a while and I don't think that Pakistan has published its nuclear doctrine but it has been speculated upon. The general consensus is that, at least initially, Pakistan will use the nukes on its own territory. Both as a means to inflict casualties on advancing Indian troops and as a means of area denial as neither army is equipped to fight large scale battles in a NBC (Nuclear, Biological, Chemical) theater. Forget Pakistan but do you have any idea what the fallout do to the fertile agricultural land in India? And this is not even considering that the Pakistani leadership may decide to go down in a blaze of glory and launch strategic strikes against major population centers.

    War is no answer and should not (and probably will not) happen.

    Disclaimer: I am a Pakistani. While I am in IT, at one point in time I was considering a career in Strategic Studies and was serious enough that I started applying at various colleges. Had to drop the idea as I could not secure funding.





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  • pani_6
    07-13 04:54 PM
    Guys just modified a lill bit..so unless somebody comes up with something better we will go with this...we can after all send more if somebody comes up with another draft..

    This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $

    Come on Guys
    Action & Urgency!



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  • jonty_11
    07-13 11:28 PM
    Great one -

    Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
    always kep in mind that its not ur qualification that matters... its the Job Requirement that you have filed LC for?..

    i.e. You could be a rocket scientiest but if the job u work is of a software analyst..etc that DOL classifies as EB3...you are EB3....so u dont just need to change you category (to EB2 or EB1) to refile but need to change your job to one that can classify for EB2 or EB1.





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  • rkgc
    03-23 03:21 PM
    Hi All, Let's post some useful information for gimme_GC2006, s/he must be anxiously waiting for our reply.

    Did you get in touch with a lawyer yet?

    ~rk



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  • Refugee_New
    01-07 09:28 AM
    Hey Refugee_New, why the hell you gave me red ("what other site - refugee!").
    Go ahead & post it on the some news websites THAT ARE NOT RELATED WITH EB ISSUES. THIS FORM IS ONLY FOR EMPLOYMENT BASED IMMIGRATION RELATED ISSUES PERIOD & END OF DISCUSSION.
    As I already said it is very sad to hear innocent kids got killed. Opening a thread here & giving your baseless comments will not going to help the ppl suffering over there so why not you go over there and help them out by fighting with Israeli forces instead of whining here.

    GCBatman, i didn't give you red. Let me know how to give red or green. I never tried this before.





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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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  • cherupally
    07-17 01:27 PM
    Thanks a bunch for the replies UN..

    I have a quick Question in G-325A form about the previous addresses in last 5 yrs.. My credit history addresses do not match my paystub addresses.. So, which addresses do I need to put in this form.. Paystub addresses or Credit history addresses.. Will INS ask for proof of past addresses? I am confused.. Pls help..

    Thanks a lot...





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  • satishku_2000
    08-02 07:10 PM
    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.


    Thanks UN for your comments , any comments for the situation mentioned in this thread
    http://immigrationvoice.org/forum/showthread.php?t=11819



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  • unseenguy
    06-20 04:10 PM
    Hello Hiralal,

    Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...

    Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D

    I would agree if rent = monthly payment, then buying would make sense. On the west coast ca/or/wa, the rent where i live is 1500 (2b 2b), however; when I buy a house , I want a 4br so that I am in for rest of my life. Those houses are 550K, with monthly payment of 2700 usd per month. Does not make sense to go for it at the moment





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  • dealsnet
    09-29 12:45 PM
    It will be disaster for the country, if a man with only four year of national experience, out of which two year spend on primary campaign to run the country. Immigrant people only can talk loud. But he sensible american people will vote McCain to power. This openion poll is non sense. Demoratic party is like congress party in India. Trying to be socialist, not socialist, support everything all evils to get vote and support. Pleople planning to spend money for Obama is waste. Instead support IMMIGRATION VOICE.



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  • gccovet
    01-07 10:53 AM
    Hi,
    I know I am beating dead horse, awakening this thread again. I am going to get lots of RED but I don't care.

    http://www.hindu.com/nic/dossier.htm

    Paksitan govt. says the provided proof are not solid enough. lol!!!





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  • sanju
    04-08 07:17 AM
    Good post, I would like to add that:

    This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
    The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:

    http://www.dol.gov/compliance/guide/whistle.htm
    http://en.wikipedia.org/wiki/Whistleblower



    key points to ponder:

    - Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

    There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).


    -> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

    To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.


    I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
    Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.



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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?





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  • mariner5555
    04-15 02:19 PM
    Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.

    That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.

    If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.

    This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.
    this maybe your view .. but I can find some faults with it.
    yes ..more money is equal to better lifestyle but a bigger house is not necessarily a better lifestyle for everyone. for many tech workers, following this line of reasoning will cause them more problems.
    I don't know about you ..but I came here to US for money and for better quality of life (I didnot come here to buy a big house !!). a big house would mean that I have less money as more money goes for property tax / maintenance etc etc
    now ..since I save money by renting ..I can afford to put my son in better dayschool, fund his college fund , take him for more freq vacations etc etc.
    now this maybe different for some people ..maybe those earning more than 125 K or with double income.
    also ..do you mean people should pay more for a house than it is worth ??

    I agree with yr last points ...that not everyone has to run ..and thats what I am saying.
    once you get GC and have a stable job and get a good offer on a house ...buy ..else wait. In other words ..as you are implying ..if you can afford a big house without making heavy sacrifices ..then go for it.
    (but many people that I know ..buy big houses ..then try to save money on air conditioning, restaurants etc).
    the other main problem with H1/ EAD is that you become immobile ..esp if you have to move for various reasons (since you have to worry about your legal status too ..).
    btw ..if all americans stayed in rental (or smaller homes ) and drove japanese fuel eff cars ..then the world would have been a better place with lower gas prices :)



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  • unitednations
    03-25 01:15 PM
    Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.

    Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.

    I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.

    The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.





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  • pointlesswait
    01-06 05:19 PM
    this is to
    who ever gave me this comment: "why don't you grow up and take this discussion elsewhere?"

    i didnt start this..u DF..





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  • meridiani.planum
    08-06 12:21 PM
    ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p

    all until the one going down hits a trampoline and the one going up hits a ceiling. Then they reverse course. The trampoline and ceiling are the visa bulletins:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3897.html
    (Jan 2008: EB2India 2000, EB3India2001)

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
    (Mar 2008: EB2India U, EB3India 2001)

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4205.html
    (May 2008: EB2India 2004, EB3India2001)

    Dont lose heart EB3 guys, the DOS/USCIS have no idea how to move the visa bulletins. what looks good now, may not look good next month...





    gc_chahiye
    08-14 08:49 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.





    anai
    12-24 11:14 AM
    .
    .
    .
    .
    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.



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