Monday, July 11, 2011

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  • gc4me
    08-05 10:42 AM
    Mrs. Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.

    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.





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  • ilikekilo
    03-25 04:27 PM
    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)


    None of my business as to what you do but U not going thru a lawyer seems counter intuitive to me.. not sure why u r taking chances to see whether you would regret or not? anyways good luck man..





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  • sc3
    07-14 12:18 PM
    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.

    You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.





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  • validIV
    06-25 03:36 PM
    The only way renting is not throwing money away is if you can claim it as a tax expense (business for example). Otherwise you may as well be smoking that money every month. There is no way for you to recoup rent money, no matter what logic you may claim is sound. Renting should only be used as a stepping stone, to save up enough money to buy.

    If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?



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  • sledge_hammer
    03-24 10:09 AM
    Dude, it does not matter what you're reasoning is for getting into consulting. You do not even need to prove anything to me. Take your justification with you and present it to the guys that are going to approve your GC, NOT me!!!!

    If you are still so hard headed that you do not want to accept realities, what can I say!

    Dear Sledge_hammer,

    Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.

    I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.

    Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.

    I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.





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  • waitnwatch
    08-05 03:32 PM
    If 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.
    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002



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  • Macaca
    03-05 09:08 AM
    Some paras from Slowing Down The Revolving Door (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/04/AR2007030401201.html)

    A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.

    Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.

    Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.

    Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.





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  • GCOP
    07-13 10:11 AM
    We are going to write the letter to DOS. All of us in EB3, request IV to step up the efforts to solve EB3 visa problem. EB2 has already advanced to 2006. We are happy for them. EB3 is still in 2001 . Nothing can be more serious than this. IV's concentrated efforts (Meeting with DOS or other authorities) in this situation will be highly admired, at this time when it's needed the most. Thanks in Advance.



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  • vroapp
    04-12 03:05 PM
    agree.





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  • eb3India
    04-08 07:57 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.

    I tend to agree here IBM,Microsoft have their big presense in India they don't need to H1s they will be very happy to send few H1 guys who are already here and could not renew their H1, they can pay them lesss and get the same thing done,

    but I still don't know who senate is going to react on this bill because their saying we have to solve all immigration issues in one bill (CIR)



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  • axp817
    03-25 01:26 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.





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  • CreatedToday
    01-09 01:34 PM
    The discussion tuned nasty! Admin got involved.

    why are you digging it up?

    Its good we talk healthy now!



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  • lskreddy
    12-28 02:03 AM
    What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years

    The lives of those killed are surely very painful and it would demeaning to forget about (which I am sure India is guilty in hoards).

    It may seem like avenging their death by war is the path but if we do take that, what about the soldiers? They are someone's father, brother too. Just remember US Soldiers in Iraq.

    All I am hoping is before they take the war path, all options are expended. If the options are expended by now, and all the big think-tanks decide it is time, yes, by all means, go full throttle and put this to rest.





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  • gchopes
    06-25 08:27 AM
    I agree that over 10 years buyers "may" come ahead of renters but our question is will buyers of : 2009 come out ahead of 2010 buyers or 2011 buyers? Also is it worth taking a risk and wait 1-2 years given the state of economy and our GC in limbo.

    -- The GC limbo is going be there for the next 10 years so we can't take that as a factor in our home buying decision for this year or the next couple years. We are still going to be waiting for a GC in 2010 and 2011.

    I have been paying rent since 2001 and my friends bought houses in 2004 & 2007. None at the moment think they are ahead of me due to their decision :) :p

    -- 2004 and 2007 was the peak of the housing market. 2008 was the meltdown. Buyers who didn't buy in 2009 when the interest rates were at a 30 yr low are missing out big time. In just a month the rates have gone up. Not sure where they will be in 2010 and 2011 but a 30 year low point is good enough for me.



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  • psvk
    08-05 12:25 PM
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.

    Prefer to refrain from adding fuel to Sunny's reply as this thread is causing more rift than good.
    Agree this thread should be closed and deleted.

    Moderator: Is there any way people(ID's) don't contribute, don't get to open new threads if not posting comments( and dots too).





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  • vbkris77
    03-25 12:49 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...



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  • Ramba
    09-28 01:50 PM
    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.

    Right. CIR (amnesty bill) is a gimmick to win vote bank. Mcain drafted in 2007 in view of winning hispanic bank in his prez bid. Recently he flip floped to concervatives that enforcement is first. Though BO has reservation about EB/H1B/oursourcing, he is right and has right judgement. If unemployment reaches historically high, how one can expect they will increase the foreign workers? They are elected by USC not by H1Bs or GCs os AOS guys. If economy bounces back, if more jobs are created, if market needs more workforce then they (Mcain or BO) will increase H1/EB etc. Otherwise, they (either BO or Mcain) wont touch the immigration that increses foreign worker.





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  • trueguy
    07-14 10:57 AM
    Guys/Gals,

    Please stay focused and get the petition ready. I can easily get 50 friends of mine (who are not on IV) send those letters.

    Thanks





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  • unitednations
    08-14 09:17 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.?


    I don't see much of a problem because it was less then 180 days.

    Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).

    I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.

    I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.





    hiralal
    06-25 10:35 PM
    I agree with you .
    I am not asking anyone to buy or rent .. its a personal decision but if you believe that one year down the line you will get a more cheaper house and the interest rates would still be at 5 % you should think twice .

    House is not an investment but a side effect of home ownership is that you will end up with a property but if you continue to rent you are sure to end up with nothing .
    I disagree ... all the reports say that prices will fall down for atleast a year. house is good if you need extra space and if you get it at a correct price (atleast once it stops falling) ..I agree that timing is difficult ..but in this economy it makes sense to rent when you are on temporary status.
    btw ..Renting gives you flexibility and you end up with more money in the bank !! but if you have a GC (or very close to getting it) and you get a house in bargain (or at the correct price) / and you need the space plus u intend to stay there for long long time ..then yes, buying makes sense.

    but as an example ..my friend in california, who few months ago was saying that california is the best, smart people etc etc is now saying that he is giving the advice to everyone to stay away from cali ..he unfortunately is stuck because he has a house there. (major layoffs in his company is giving him stress and sleepless nights).

    similarly..you need to be very cautious to buy within your means ...another friend in atlanta (businessman) bought a 1million home for 800K ..he kept on beating his own drum that he is smart and others are fools ..now his house is in foreclosure and he lost around 200K ..so u can end up with nothing when you buy a house too.
    -----------
    Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later





    krishna
    02-21 12:45 PM
    Lou dobbs, Pat Buchanan and people of that kind are full of vanity. It is wise to tune out such guys and make sure that they do not affect policy decisions in congress. I dont think policy makers care for his rant on TV.



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