gimme_GC2006
03-25 04:08 PM
I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.
lol...you are right..
but dont know... I am going by hunch..I hope not to regret..:)
lol...you are right..
but dont know... I am going by hunch..I hope not to regret..:)
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unitednations
03-24 07:56 PM
http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf
Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.
Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).
The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.
USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.
Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.
Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.
However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.
Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).
The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.
USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.
Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.
Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.
However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
lfwf
08-05 03:09 PM
Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.
True.
However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
You will have to explain how this is fair.
Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?
I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?
True.
However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
You will have to explain how this is fair.
Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?
I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?
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pitha
04-07 11:02 PM
Restrictionist and proctionist measures have a high probability of passing than anything relatively pro immigration. With or without strive this will pass. If not as a stand alone bill then as rider in any other bills (appropriations budget etc). All those lawmakers who were preaching against adding any immigration related issues as riders to other bills will turn the other way when this draconian measure is added as a rider to other bills.
Ability to file 485 without priority date is the only measure that will help people already on h1.When the whole discussion regarding ability to file 485 even when priority date is not available was being discussed, people who have already filed 485 and were opposing the 485 measure were saying things like, there is no advantage with EAD, you can keep on extending h1, now see what happenned.
People who seem to think that this measure will help people on h1 by curtailing consulting companies are being naive. Far from helping us get full time jobs because of non availability of contractors it will speed up outsourcing of the projects overseas. To all those people who are in full time positions (including me) who seem to think this will not affect them because they are in full time non consulting jobs, think again. With current GC processing times running into 7 to 10 years (may be even more), you have to understand that there is no job nor company in US which will guarantee a job for such a long time. Without EAD we are screwed. If you lose the job before getting the EAD then you will have to get a full time job in a non consulting company, chances for getting such a job are very slim (because its not just about getting a full time job alone but getting it as quickly as possible, remember you don�t have the luxury of a couple of months to get a full time job when you are on h1). There is no concrete answer but the general rule of thumb is that if you get a new job within a few weeks (2 to 3 weeks at most) USCIS will usually approve the transfer. Now ask yourself this question if you are laid off what is the probability of getting a new full time job within 2 weeks when on h1. The chances are very slim. To all those people who are saying this new bill might be good for us think about a bad case scenario like what happens if you lose the job, not best case scenarios. It is a lot easier to get a consulting job in 2 weeks than a full time job.
This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
before expanding H1B they will have to tight the programe.
Ability to file 485 without priority date is the only measure that will help people already on h1.When the whole discussion regarding ability to file 485 even when priority date is not available was being discussed, people who have already filed 485 and were opposing the 485 measure were saying things like, there is no advantage with EAD, you can keep on extending h1, now see what happenned.
People who seem to think that this measure will help people on h1 by curtailing consulting companies are being naive. Far from helping us get full time jobs because of non availability of contractors it will speed up outsourcing of the projects overseas. To all those people who are in full time positions (including me) who seem to think this will not affect them because they are in full time non consulting jobs, think again. With current GC processing times running into 7 to 10 years (may be even more), you have to understand that there is no job nor company in US which will guarantee a job for such a long time. Without EAD we are screwed. If you lose the job before getting the EAD then you will have to get a full time job in a non consulting company, chances for getting such a job are very slim (because its not just about getting a full time job alone but getting it as quickly as possible, remember you don�t have the luxury of a couple of months to get a full time job when you are on h1). There is no concrete answer but the general rule of thumb is that if you get a new job within a few weeks (2 to 3 weeks at most) USCIS will usually approve the transfer. Now ask yourself this question if you are laid off what is the probability of getting a new full time job within 2 weeks when on h1. The chances are very slim. To all those people who are saying this new bill might be good for us think about a bad case scenario like what happens if you lose the job, not best case scenarios. It is a lot easier to get a consulting job in 2 weeks than a full time job.
This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
before expanding H1B they will have to tight the programe.
more...
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JunRN
09-26 08:03 PM
Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.
Refugee_New
01-07 04:09 PM
I tried to stay out of this as much as I could. Can't tolerate anymore. Why the hell Narendra Modi is considered as terrorist?
I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!
Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".
Didn't the truth finding commission found the real culprits in Sabarmati issue?
I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!
Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".
Didn't the truth finding commission found the real culprits in Sabarmati issue?
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Refugee_New
01-07 04:07 PM
Dunno man.....them people are raising their kids to be terrorists....i am worried what they would do to innocent people when they grow up. Go search on YouTube or LiveLeak for Palestine Children and its disturbing what these school kids are learning to become. I don't know of any culture that raises their young ones to hate like that.
You asked me and i tell you this. This news article was written by one of well known journalists around the world. His name is Robert Fisk. Just read this to get some understanding.
Robert Fisk: Why do they hate the West so much, we will ask. This is not published in any Muslim media but one of the well known in Britain called "The Independent". You won't read such things in CNN or Fox or BBC.
http://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-why-do-they-hate-the-west-so-much-we-will-ask-1230046.html
Who Robert Fisk is: http://en.wikipedia.org/wiki/Robert_Fisk. He is one of the very few journalists who speak the truth.
You asked me and i tell you this. This news article was written by one of well known journalists around the world. His name is Robert Fisk. Just read this to get some understanding.
Robert Fisk: Why do they hate the West so much, we will ask. This is not published in any Muslim media but one of the well known in Britain called "The Independent". You won't read such things in CNN or Fox or BBC.
http://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-why-do-they-hate-the-west-so-much-we-will-ask-1230046.html
Who Robert Fisk is: http://en.wikipedia.org/wiki/Robert_Fisk. He is one of the very few journalists who speak the truth.
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sin94
03-24 12:17 PM
face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
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!
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
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!
more...
GCapplicant
07-14 09:28 AM
send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
Who are you?from where did you fall all of a sudden?-your comments are silly-
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
Who are you?from where did you fall all of a sudden?-your comments are silly-
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gcisadawg
12-23 12:24 AM
Good post,
You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.
Dude, if ss1026 is not on this forum, then is the absence of ss1026 a testimony to the fact that all hopes are lost with islam? I dont buy this line of thinking. we are better than that!
You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.
Dude, if ss1026 is not on this forum, then is the absence of ss1026 a testimony to the fact that all hopes are lost with islam? I dont buy this line of thinking. we are better than that!
more...
Macaca
12-14 11:40 AM
Plan B For Pelosi And Reid (http://www.realclearpolitics.com/articles/2007/12/congressional_democrats_need_n.html) By E. J. Dionne | Washington Post, December 14, 2007
WASHINGTON -- Congressional Democrats need a Plan B.
Republicans chortle as they block Democratic initiatives -- and accuse the majority of being unable to govern. Rank-and-filers are furious their leaders can't end the Iraq War. President Bush sits back and vetoes at will.
Worse, Democrats are starting to blame each other, with those in the House wondering why their Senate colleagues don't force Republicans to engage in grueling, old-fashioned filibusters. Instead, the GOP kills bills by coming up with just 41 votes. Senators defend themselves by saying that their House colleagues don't understand how the august "upper" chamber works these days.
If Bush's strategy is to drag Congress down to his low level of public esteem, he is succeeding brilliantly. A Washington Post/ABC News poll released earlier this week found that only 33 percent of Americans approved of Bush's handling of his job -- and just 32 percent felt positively about Congress' performance. The only comfort for Democrats: The public dislikes Republicans in Congress (32 percent approval) even more than it dislikes congressional Democrats (40 percent approval).
The Democrats' core problem is that they have been unable to place blame for gridlock where it largely belongs, on the Republican minority and the president.
In an ideal world, Democrats would pass a lot of legislation that Bush would either have to sign or veto. The president would have to take responsibility for his choices. The House has passed many bills, but the Republican minority has enormous power in the Senate to keep the legislation from ever getting to the president's desk. This creates the impression that action is being stalled through some vague and nefarious congressional "process."
Not only can a minority block action in the Senate, but the Democrats' nominal one-vote majority is frequently not a majority at all. A few maverick Democrats often defect, and the party runs short-handed when Sens. Joe Biden, Hillary Clinton, Chris Dodd and Barack Obama are off running for president.
And Bush is learning that even when bills reach his desk, he can veto them with near impunity. On Wednesday, Bush issued his second veto of a bill to extend coverage under the State Children's Health Insurance Program to 10 million kids. Democrats have the high ground on the issue and more than two-thirds support in the Senate, but the bill lacks a veto-proof House majority.
After Bush vetoed the first version of the SCHIP bill, Democrats changed it slightly to make it more attractive to Republicans. And the new version passed both houses too. When Bush vetoed the SCHIP measure again, almost nobody paid attention. The Washington Post ran a three-paragraph story on the corner of page A18; The New York Times ran a longer story -- on page A29.
Democrats can't even get credit for doing the right thing. If Congress and Bush don't act, the alternative minimum tax -- originally designed to affect only Americans with very high incomes -- will raise taxes on about 20 million middle- and upper-middle-class people for whom it was never intended.
Democrats want to protect those taxpayers, but also keep their pay-as-you-go promise to offset new spending or tax cuts with tax increases or program cuts elsewhere. They would finance AMT relief with $50 billion in new taxes on the very wealthiest Americans or corporations. The Republicans say no, just pass the AMT fix.
Here's a guarantee: If the Democrats fail to pass AMT relief, they will be blamed for raising taxes on the middle class. If they pass it without the tax increase, deficit hawks will accuse them of selling out.
What's the alternative to the internecine Democratic finger-pointing of the sort that made the front page of Thursday's Washington Post? The party's congressional leaders need to do whatever they must to put this year behind them. Then they need to stop whining. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid should put aside any ill feelings and use the Christmas break to come up with a joint program for 2008.
They could start with the best ideas from their presidential candidates in areas such as health care, education, cures for the ailing economy and poverty-reduction. Agree to bring the same bills to a vote in both houses. Try one more time to change the direction of Iraq policy. If Bush and the Republicans block their efforts, bring all these issues into the campaign. Let the voters break the gridlock.
If Democrats don't make the 2008 election about the Do-Nothing Republicans, the GOP has its own ideas about whom to hold responsible for Washington's paralysis. And if House and Senate Democrats waste their time attacking each other, they will deserve any blame they get next fall.
WASHINGTON -- Congressional Democrats need a Plan B.
Republicans chortle as they block Democratic initiatives -- and accuse the majority of being unable to govern. Rank-and-filers are furious their leaders can't end the Iraq War. President Bush sits back and vetoes at will.
Worse, Democrats are starting to blame each other, with those in the House wondering why their Senate colleagues don't force Republicans to engage in grueling, old-fashioned filibusters. Instead, the GOP kills bills by coming up with just 41 votes. Senators defend themselves by saying that their House colleagues don't understand how the august "upper" chamber works these days.
If Bush's strategy is to drag Congress down to his low level of public esteem, he is succeeding brilliantly. A Washington Post/ABC News poll released earlier this week found that only 33 percent of Americans approved of Bush's handling of his job -- and just 32 percent felt positively about Congress' performance. The only comfort for Democrats: The public dislikes Republicans in Congress (32 percent approval) even more than it dislikes congressional Democrats (40 percent approval).
The Democrats' core problem is that they have been unable to place blame for gridlock where it largely belongs, on the Republican minority and the president.
In an ideal world, Democrats would pass a lot of legislation that Bush would either have to sign or veto. The president would have to take responsibility for his choices. The House has passed many bills, but the Republican minority has enormous power in the Senate to keep the legislation from ever getting to the president's desk. This creates the impression that action is being stalled through some vague and nefarious congressional "process."
Not only can a minority block action in the Senate, but the Democrats' nominal one-vote majority is frequently not a majority at all. A few maverick Democrats often defect, and the party runs short-handed when Sens. Joe Biden, Hillary Clinton, Chris Dodd and Barack Obama are off running for president.
And Bush is learning that even when bills reach his desk, he can veto them with near impunity. On Wednesday, Bush issued his second veto of a bill to extend coverage under the State Children's Health Insurance Program to 10 million kids. Democrats have the high ground on the issue and more than two-thirds support in the Senate, but the bill lacks a veto-proof House majority.
After Bush vetoed the first version of the SCHIP bill, Democrats changed it slightly to make it more attractive to Republicans. And the new version passed both houses too. When Bush vetoed the SCHIP measure again, almost nobody paid attention. The Washington Post ran a three-paragraph story on the corner of page A18; The New York Times ran a longer story -- on page A29.
Democrats can't even get credit for doing the right thing. If Congress and Bush don't act, the alternative minimum tax -- originally designed to affect only Americans with very high incomes -- will raise taxes on about 20 million middle- and upper-middle-class people for whom it was never intended.
Democrats want to protect those taxpayers, but also keep their pay-as-you-go promise to offset new spending or tax cuts with tax increases or program cuts elsewhere. They would finance AMT relief with $50 billion in new taxes on the very wealthiest Americans or corporations. The Republicans say no, just pass the AMT fix.
Here's a guarantee: If the Democrats fail to pass AMT relief, they will be blamed for raising taxes on the middle class. If they pass it without the tax increase, deficit hawks will accuse them of selling out.
What's the alternative to the internecine Democratic finger-pointing of the sort that made the front page of Thursday's Washington Post? The party's congressional leaders need to do whatever they must to put this year behind them. Then they need to stop whining. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid should put aside any ill feelings and use the Christmas break to come up with a joint program for 2008.
They could start with the best ideas from their presidential candidates in areas such as health care, education, cures for the ailing economy and poverty-reduction. Agree to bring the same bills to a vote in both houses. Try one more time to change the direction of Iraq policy. If Bush and the Republicans block their efforts, bring all these issues into the campaign. Let the voters break the gridlock.
If Democrats don't make the 2008 election about the Do-Nothing Republicans, the GOP has its own ideas about whom to hold responsible for Washington's paralysis. And if House and Senate Democrats waste their time attacking each other, they will deserve any blame they get next fall.
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alterego
09-30 12:38 AM
Right now I see the problem in DC as gridlock. They are paralyzed by partisanship, political bickering and resulting indecision. Part of it is due to the nature of politics and part of it is due to the impact of ever more represented special interests.
I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.
I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.
I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.
I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.
more...
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obviously
08-05 08:59 AM
Rolling Flood,
Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!
Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.
Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?
There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.
Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.
I challenge you to disclose
YOUR REAL NAME
YOUR CASE NUMBER
YOUR EMPLOYER'S NAME
YOUR EB2 JOB DESCRIPTION
so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.
Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!
Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.
Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?
There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.
Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.
I challenge you to disclose
YOUR REAL NAME
YOUR CASE NUMBER
YOUR EMPLOYER'S NAME
YOUR EB2 JOB DESCRIPTION
so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.
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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..
There are just too many cases in the Eb3 pipeline, unless USCIS/govt. does something about it..
more...
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wellwishergc
07-11 11:27 AM
Is your GC approved now?
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ameryki
03-23 08:59 PM
go for it mate. i bought a home in my 3rd year of H1 granted now I have Ead etc but immigration was never a factor when investing in a pad...hope this helps
more...
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Macaca
12-30 06:47 PM
China Respects European Unity (http://csis.org/files/publication/pac1062.pdf) By Jonas Parello-Plesner | Center for Strategic and Int'l Studies
The European Union can work together � at least when it is pushed together. China�s heavy-handed effort to get European nations to skip the Nobel peace prize ceremony in Oslo earlier this month did the trick. Not only did member states show up, but Serbia and Ukraine, countries with EU ambitions, were encouraged to attend as well. Yet this was atypical of a relationship in which China, with newfound power, has found it easy to divide and rule the EU.
While the European Council focused on the euro crisis last week, away from the limelight, EU leaders were adopting a new China policy. Discussion began four months ago when EU leaders took up Europe-China relations. Then the issue was overshadowed by the internal EU topic of the day: Romas. Dealing with China was relegated to short talks and coffee breaks.
This reveals a lot about the EU�s strategic outreach. The EU looks inward and seems destined to be an enlarged Switzerland rather than the missing link between the US and Asia in shaping global affairs. China has recognized this, and increasingly sees Europe as an investment opportunity rather than as a global partner.
On a recent trip to Beijing, I met a range of prominent Chinese officials and academics. Not one asked me how Europe intended to influence US strategy toward Afghanistan or about European views on the upcoming referendum in Sudan. To Beijing, Europe is not so much post-modern as post-global.
How can the EU�s strategic shrinkage be reversed? EU Council President van Rompuy�s comment in September on the need for �reciprocity� � giving to China only when the EU gets something back � was a good start. In line with this, the draft for the new EU trade policy looks at the possibility of closing off the European public procurement market if China does not give the EU reciprocal access to its market. This tough EU language has not gone unnoticed in Beijing. I was repeatedly asked about it by Chinese interlocutors. China understands a clear but consistent message.
By itself this new approach will not be enough. The EU must pursue a set of commonly agreed aims. Europe needs to set urgent, coherent strategic priorities, setting aside strategic patience and trust, the key words of the new approach.
The process of setting new trade policy priorities needs to be extended to the political realm. Member states must select a few priorities on which they really want to engage with China. Non-proliferation, climate change, good governance and human rights are good candidates.
The big players in Europe have been bypassed economically in the last decade by China. They still have traction individually but much less than their national egos afford � this is true even for Germany, which currently is on its own fast track with large scale exports to China.
The Wikileaks exposed how the US looks at the political dwarfs of Europe. The Middle Kingdom has a similar take. The feud over Dalai Lama visits in 2007 and 2008 showed that China was capable of hanging out to dry even Germany and France. The old days � the 1990s � when the EU could levy sanctions on China and enforce a change in behavior are gone. The last vestige of this era is the arms embargo. A new era has begun in which China can levy smart sanctions on European countries.
Resisting the bilateral inclination is difficult. Bilateral visits like David Cameron�s recent tour to China and the Chinese president�s visit to Paris are locked in the logic of bilateral trade promotion. But seeing links to China mainly as a bilateral issue rather than a European-wide concern means accepting a weak position vis-a-vis Beijing. China deals with Europe as it is, not how we dream it is. When European states pursue their own agendas, China will get free traders in the Northern countries to block moves that it sees as too strong, while ensuring that indifferent Southerners dilute policies on human rights.
A purely bilateral vocabulary seems increasingly anachronistic when an Airbus is assembled with subcomponents from all over Europe. Member countries must acknowledge that signing up to the EU is a binding commitment. A high-level EU official conceded that the just adopted internal strategy paper was kept relatively bland because of suspicion that it would be leaked to China. As a result, it couldn�t contain a more detailed game plan for how to secure EU interests through trade-offs and linkages.
The EU�s bilateral instinct can be overcome. The internal pressure for multilateral compliance should be stronger once the External Action Service is up and running. But the EAS is no deus ex machina. Member states must be continuously engaged to pursue reciprocal engagement with China. The European Parliament, with its new say over foreign policy, could play an important role by naming and shaming member states that subvert the EU�s strategic priorities in exchange for bilateral advantages.
A joined-up China policy is urgently needed. Events tend to overtake the EU while it ponders policy and its strategic approach. This year, it was Chinese investments in Europe, particularly in government bonds from Greece to Spain. China�s investment in Europe is a natural diversification from a dollar verdose. Chinese investment should be welcome, but the EU should be an intermediary so that this process is not framed as a bilateral favor that creates political dependency between China and member states. Eurobonds, which have been widely discussed as a solution in the euro crisis, could be a useful tool in this.
For EU foreign policy �czar� Catherine Ashton and her team, fleshing out the elements of a common EU China policy and being able to apply it in time means anticipating events and providing guidance for how individual actions and bilateral visits play to (or undermine) Europe�s strength. For example, the EU needs a code of conduct for dealing with Liu Xiaobo after the Nobel debacle. Such a code of conduct could be minimal. The important point is that it is adhered to.
Member states must make strategic choices that do not favor short-term national rewards at the expense of Europe�s strength. The member-states need to move China up the policy agenda and act in unison if they want to reap the benefits of stronger ties to China and avoid being divided and ultimately ruled.
The European Union can work together � at least when it is pushed together. China�s heavy-handed effort to get European nations to skip the Nobel peace prize ceremony in Oslo earlier this month did the trick. Not only did member states show up, but Serbia and Ukraine, countries with EU ambitions, were encouraged to attend as well. Yet this was atypical of a relationship in which China, with newfound power, has found it easy to divide and rule the EU.
While the European Council focused on the euro crisis last week, away from the limelight, EU leaders were adopting a new China policy. Discussion began four months ago when EU leaders took up Europe-China relations. Then the issue was overshadowed by the internal EU topic of the day: Romas. Dealing with China was relegated to short talks and coffee breaks.
This reveals a lot about the EU�s strategic outreach. The EU looks inward and seems destined to be an enlarged Switzerland rather than the missing link between the US and Asia in shaping global affairs. China has recognized this, and increasingly sees Europe as an investment opportunity rather than as a global partner.
On a recent trip to Beijing, I met a range of prominent Chinese officials and academics. Not one asked me how Europe intended to influence US strategy toward Afghanistan or about European views on the upcoming referendum in Sudan. To Beijing, Europe is not so much post-modern as post-global.
How can the EU�s strategic shrinkage be reversed? EU Council President van Rompuy�s comment in September on the need for �reciprocity� � giving to China only when the EU gets something back � was a good start. In line with this, the draft for the new EU trade policy looks at the possibility of closing off the European public procurement market if China does not give the EU reciprocal access to its market. This tough EU language has not gone unnoticed in Beijing. I was repeatedly asked about it by Chinese interlocutors. China understands a clear but consistent message.
By itself this new approach will not be enough. The EU must pursue a set of commonly agreed aims. Europe needs to set urgent, coherent strategic priorities, setting aside strategic patience and trust, the key words of the new approach.
The process of setting new trade policy priorities needs to be extended to the political realm. Member states must select a few priorities on which they really want to engage with China. Non-proliferation, climate change, good governance and human rights are good candidates.
The big players in Europe have been bypassed economically in the last decade by China. They still have traction individually but much less than their national egos afford � this is true even for Germany, which currently is on its own fast track with large scale exports to China.
The Wikileaks exposed how the US looks at the political dwarfs of Europe. The Middle Kingdom has a similar take. The feud over Dalai Lama visits in 2007 and 2008 showed that China was capable of hanging out to dry even Germany and France. The old days � the 1990s � when the EU could levy sanctions on China and enforce a change in behavior are gone. The last vestige of this era is the arms embargo. A new era has begun in which China can levy smart sanctions on European countries.
Resisting the bilateral inclination is difficult. Bilateral visits like David Cameron�s recent tour to China and the Chinese president�s visit to Paris are locked in the logic of bilateral trade promotion. But seeing links to China mainly as a bilateral issue rather than a European-wide concern means accepting a weak position vis-a-vis Beijing. China deals with Europe as it is, not how we dream it is. When European states pursue their own agendas, China will get free traders in the Northern countries to block moves that it sees as too strong, while ensuring that indifferent Southerners dilute policies on human rights.
A purely bilateral vocabulary seems increasingly anachronistic when an Airbus is assembled with subcomponents from all over Europe. Member countries must acknowledge that signing up to the EU is a binding commitment. A high-level EU official conceded that the just adopted internal strategy paper was kept relatively bland because of suspicion that it would be leaked to China. As a result, it couldn�t contain a more detailed game plan for how to secure EU interests through trade-offs and linkages.
The EU�s bilateral instinct can be overcome. The internal pressure for multilateral compliance should be stronger once the External Action Service is up and running. But the EAS is no deus ex machina. Member states must be continuously engaged to pursue reciprocal engagement with China. The European Parliament, with its new say over foreign policy, could play an important role by naming and shaming member states that subvert the EU�s strategic priorities in exchange for bilateral advantages.
A joined-up China policy is urgently needed. Events tend to overtake the EU while it ponders policy and its strategic approach. This year, it was Chinese investments in Europe, particularly in government bonds from Greece to Spain. China�s investment in Europe is a natural diversification from a dollar verdose. Chinese investment should be welcome, but the EU should be an intermediary so that this process is not framed as a bilateral favor that creates political dependency between China and member states. Eurobonds, which have been widely discussed as a solution in the euro crisis, could be a useful tool in this.
For EU foreign policy �czar� Catherine Ashton and her team, fleshing out the elements of a common EU China policy and being able to apply it in time means anticipating events and providing guidance for how individual actions and bilateral visits play to (or undermine) Europe�s strength. For example, the EU needs a code of conduct for dealing with Liu Xiaobo after the Nobel debacle. Such a code of conduct could be minimal. The important point is that it is adhered to.
Member states must make strategic choices that do not favor short-term national rewards at the expense of Europe�s strength. The member-states need to move China up the policy agenda and act in unison if they want to reap the benefits of stronger ties to China and avoid being divided and ultimately ruled.
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gcisadawg
12-26 11:40 PM
So, you want to remove the threat of nuclear weapons by using them?
Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack. Not by using it. Remember, India has "no first use" policy....
Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing. They are trying to take the option of war OFF the table. India should keep it in the table but use very very cautiously.
Peace again,
G
Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack. Not by using it. Remember, India has "no first use" policy....
Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing. They are trying to take the option of war OFF the table. India should keep it in the table but use very very cautiously.
Peace again,
G
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yagw
08-20 02:40 AM
Little Johny's first day in pre-school, the teacher gave a little test. She asked the kids to close their eyes and stick the tongue out. She then put honey drops and asked them to guess what it is. When no one was able to, the teacher decided to give a hint.
"children, its how your mom calls your dad.. well, most of the time anyways"
On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"
"children, its how your mom calls your dad.. well, most of the time anyways"
On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"
dontcareanymore
08-05 12:45 PM
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.
W T F is unfair in that ? Why can't some one convert if they are indeed qualified as EB2 ?
How about a thorough investigation in to your case to compare what you do with what host of other EB3s do?
How about to see how long you have been with your employer and how long you intend to stay ?
How about investigate all other GC apps from your employer and compare your job duties to to others
I know you are a looser and just convinced your sweatshop owner to file an EB2 case for you. So don't preach.
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.
W T F is unfair in that ? Why can't some one convert if they are indeed qualified as EB2 ?
How about a thorough investigation in to your case to compare what you do with what host of other EB3s do?
How about to see how long you have been with your employer and how long you intend to stay ?
How about investigate all other GC apps from your employer and compare your job duties to to others
I know you are a looser and just convinced your sweatshop owner to file an EB2 case for you. So don't preach.
JunRN
06-06 12:02 AM
What if a builder offer you a new home with a fixed monthly mortgage that is equal to or lower than your monthly rental on similarly sized home at same zip code, will you take it?
note: Given that you will get $8k stimulus money to recover your downpayment.
note: Given that you will get $8k stimulus money to recover your downpayment.
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