willwin
07-13 12:19 PM
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
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mariner5555
04-14 03:09 PM
You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).
My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.
My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.
mrajatish
04-08 11:39 PM
I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.
1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?
2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?
These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:
1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.
2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).
And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.
1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?
2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?
These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:
1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.
2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).
And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.
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anjans
07-14 02:05 PM
guys, it is very frustrating to be waiting for GC 8yrs from applying! with you there. But As VB says it will come to FY03 levels in Oct so, it is just a few months away.
Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.
I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.
It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.
I dont think EB3 ppl are jealous. But dont react with emotion.
Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.
I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.
It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.
I dont think EB3 ppl are jealous. But dont react with emotion.
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redcard
03-24 04:28 PM
You know its very true that the whole problem around H1-B and Green Card scrutiny has a lot to do with the way the system was exploited by consulting companies which primarily have Indian ownership. In the pre Perm day�s you would find every consulting company having an address in every state where the labor approval for green card was faster. That resulted in the same company filling multiple labor for the same employee from five different state�s resulting in clogging the system and leading to BEC�s. These labors when they were eventually approved were sold by these unscrupulous companies as substitution labors, infact you could find advertisement for sale on sulekha for these labors (I am sure we all remember cybersoft). Thanks to this, today we USCIS looking closely at every green card case.
In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.
Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.
Just take at a look at these advertisments ..
http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
http://www.indianscholar.com/Forums/showthread.php?p=344
http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/
I can bet this vipul or shilpa will "bench" the minute you are out of project,,
In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.
Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.
Just take at a look at these advertisments ..
http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
http://www.indianscholar.com/Forums/showthread.php?p=344
http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/
I can bet this vipul or shilpa will "bench" the minute you are out of project,,
riva2005
04-06 08:31 PM
What's going on here is that approx there are 500,000 people on H1B visas in this country.
If Anti-H1 crowd propose a bill to throw all of them out, people will laugh at them and ask them to get lost.
So what the anti-H1 crowd has done here is "Slow bleed" as described by admin. Get rid of 8000-10,000 H1Bs out of the country each month. That way, the impact will slow and it wont send any shockwaves. IF existing H1s go to renew their H1 and the new rules apply, half of them wont fit in the new rules of "You cannot do consulting". So they will have to go back.
These guys are trying to do what UK did to Indian and Chinese doctors. They want all of us to go back. Only difference between what UK did to doctors and what these guys want to do to us is that these guys are smarter and they are trying to get this done in slow motion. IF they take Tancredo like approach of "Everyone out, and shut the door", then it wont work.
They have learned from Tancredo's mistake and now have adoped this slow bleed strategy of getting rid of their competition.
Basically, they want the 1990s back. They want to roam in job market with foriegn competition, where even high-school drop-outs can get jobs of $100,000 a year by writing 20 lines of code per week.
Man up you xenophobes. Face the competition and stop being whiny boys running to Grassley and Sessions every time you lose jobs. Get a job and get a life. Unemployment rate is 4.4 %. If you cant find jobs right now, dont blame H1B employees. Something is wrong with you.
If Anti-H1 crowd propose a bill to throw all of them out, people will laugh at them and ask them to get lost.
So what the anti-H1 crowd has done here is "Slow bleed" as described by admin. Get rid of 8000-10,000 H1Bs out of the country each month. That way, the impact will slow and it wont send any shockwaves. IF existing H1s go to renew their H1 and the new rules apply, half of them wont fit in the new rules of "You cannot do consulting". So they will have to go back.
These guys are trying to do what UK did to Indian and Chinese doctors. They want all of us to go back. Only difference between what UK did to doctors and what these guys want to do to us is that these guys are smarter and they are trying to get this done in slow motion. IF they take Tancredo like approach of "Everyone out, and shut the door", then it wont work.
They have learned from Tancredo's mistake and now have adoped this slow bleed strategy of getting rid of their competition.
Basically, they want the 1990s back. They want to roam in job market with foriegn competition, where even high-school drop-outs can get jobs of $100,000 a year by writing 20 lines of code per week.
Man up you xenophobes. Face the competition and stop being whiny boys running to Grassley and Sessions every time you lose jobs. Get a job and get a life. Unemployment rate is 4.4 %. If you cant find jobs right now, dont blame H1B employees. Something is wrong with you.
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rbalaji5
07-13 02:03 PM
But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.
What you said is correct.?.
EB2 has more experience / advance degree compared to EB3. EB1 has more advanced than EB2.
Can you give preference to 12th Standard guy instead of Engineering guy.
I agree with Pappu
Each employment based categories are for different levels.
Wakeup EB2s..
Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.
What you said is correct.?.
EB2 has more experience / advance degree compared to EB3. EB1 has more advanced than EB2.
Can you give preference to 12th Standard guy instead of Engineering guy.
I agree with Pappu
Each employment based categories are for different levels.
Wakeup EB2s..
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BharatPremi
03-27 05:20 PM
what is LTV ratio ? I guess DTI is debt to income ?
I agree with all the above ..so if u have a house and can refi ..good. have a GC and u get a good deal- good. EAD in these shaky conditions - not so good.
one thing is for certain - in our life time, most likely we will never see such price appreciations. maybe appreciations of 4 percent ..which is effectively 1 % appreciation - if inflation is 3%).
LTV - Loan To Value ratio. For an example, the home you want to buy is in the market for 500,000/- You can have 400,000/- maximum as a "First Mortgage" and that is 80%. That is the limit Governmanet has put on first mortgage and applicbale to all loans Confirming/FHA/ARMs etc..
Note: Since last 15 days amny lenders have started new ball game, If LTV is crossing 70%, the charge "Delievry Fees" which is equivalent to 1/2 point.
Now your first and second loans should not exceed 90% combinely inmost cases and in case of FHA loans that is allowed till 95% limit. 100% loan days are completely gone now.
I agree with all the above ..so if u have a house and can refi ..good. have a GC and u get a good deal- good. EAD in these shaky conditions - not so good.
one thing is for certain - in our life time, most likely we will never see such price appreciations. maybe appreciations of 4 percent ..which is effectively 1 % appreciation - if inflation is 3%).
LTV - Loan To Value ratio. For an example, the home you want to buy is in the market for 500,000/- You can have 400,000/- maximum as a "First Mortgage" and that is 80%. That is the limit Governmanet has put on first mortgage and applicbale to all loans Confirming/FHA/ARMs etc..
Note: Since last 15 days amny lenders have started new ball game, If LTV is crossing 70%, the charge "Delievry Fees" which is equivalent to 1/2 point.
Now your first and second loans should not exceed 90% combinely inmost cases and in case of FHA loans that is allowed till 95% limit. 100% loan days are completely gone now.
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GCKaMaara
12-17 05:14 PM
the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.
In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.
But the bible also says that God is forgiving. The Bible says the following:
"If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)
Also it says in the book of John (chapter 3 verse 16):
"For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".
Any innocent killed must be stopped. My faith is any person who does it or supports it must and will be punished by God.
In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.
But the bible also says that God is forgiving. The Bible says the following:
"If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)
Also it says in the book of John (chapter 3 verse 16):
"For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".
Any innocent killed must be stopped. My faith is any person who does it or supports it must and will be punished by God.
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ita
07-14 11:24 AM
Wll support campaign for EB3 . Please let this happen.
Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
I'm sure not doing anything will be not be a right thing .
I do agree we have to make noice. Let's work on how to make effective noise.
My thoughts are running on Letter/Call campaigns.
Don't know anything about what should be done effectively.Else I would be posting it here.
But for sure I'll support initiative(s) for EB3-I.
Thank you.
Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
I'm sure not doing anything will be not be a right thing .
I do agree we have to make noice. Let's work on how to make effective noise.
My thoughts are running on Letter/Call campaigns.
Don't know anything about what should be done effectively.Else I would be posting it here.
But for sure I'll support initiative(s) for EB3-I.
Thank you.
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akred
04-07 03:09 PM
Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.
For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.
For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.
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senthil1
07-14 05:36 PM
If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
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wellwishergc
07-11 11:48 AM
Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.
Thanks!
Is your GC approved now?
Thanks!
Is your GC approved now?
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spicy_guy
09-19 07:53 PM
hi
they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
they should clarify this situation since they are taking money from us.
hetal shah
hetalvn@yahoo.com
You will reap the benefits when you retire. Not now
they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
they should clarify this situation since they are taking money from us.
hetal shah
hetalvn@yahoo.com
You will reap the benefits when you retire. Not now
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sledge_hammer
06-27 11:52 AM
Right, you pay for what you called "service", which is what your landlord is providing. And you pay him to let you stay in his house, which means YOU my friend are paying more than 80% of HIS mortgage. At the end of his mortgage, all his tenants would have collectively chipped in to pay more than 80% of HIS mortage and he has a house at the end of it all. What do YOU have? Zero, zilch, nada!
Money paid as interest is the "service" cost of the money being loaned to you. You are paying so that you can live in the house you did NOT pay full cash for.
My interest in a year is 2 times more than the standard deduction. I don't have a business yet, but when I start one, I'm going to have more deductions. Do the math!
Its not logical to think of rent as money flushed down the toilet. It is the money you pay for a service aka for a service that provides shelter without any maintanance involved.
Is the money that you are paying as interest for mortgage money flushed down the toilet???:rolleyes:
Taxdeduction is overrated, remember everyone gets a standard deduction, so even if you
dont have mortgage you get a break.
Money paid as interest is the "service" cost of the money being loaned to you. You are paying so that you can live in the house you did NOT pay full cash for.
My interest in a year is 2 times more than the standard deduction. I don't have a business yet, but when I start one, I'm going to have more deductions. Do the math!
Its not logical to think of rent as money flushed down the toilet. It is the money you pay for a service aka for a service that provides shelter without any maintanance involved.
Is the money that you are paying as interest for mortgage money flushed down the toilet???:rolleyes:
Taxdeduction is overrated, remember everyone gets a standard deduction, so even if you
dont have mortgage you get a break.
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unitednations
07-08 06:10 PM
Thanks!
The outstanding questions, i guess, are:
They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.
---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.
----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.
----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".
----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.
One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....
the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?
i would be surprised if they went over the country cap- they have treated that as religion of late.
===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.
the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?
===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.
see answers within text.
The outstanding questions, i guess, are:
They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.
---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.
----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.
----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".
----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.
One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....
the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?
i would be surprised if they went over the country cap- they have treated that as religion of late.
===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.
the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?
===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.
see answers within text.
more...
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punjabi
08-05 02:00 PM
A farmer walked into an attorney's office wanting to file for a divorce.
The attorney asked, "May I help you?" The farmer said, "Yea, I want to get one of those day-vorces." The attorney said, "Well do you have any grounds?"
The farmer said, "Yea, I got about 140 acres."
The attorney said, No, you don't understand, do you have a case?"
The farmer said, "No, I don't have a Case, but I have a John Deere."
The attorney said, "No you don't understand, I mean do you have a rudge?"
The farmer said, "Yea I got a grudge, that's where I park my John Deere."
The attorney said, "No sir, I mean do you have a suit?"
The farmer said, "Yes sir, I got a suit. I wear it to church on Sundays."
The exasperated attorney said, "Well sir, does your wife beat you up or anything?"
The farmer said, "No sir, we both get up about 4:30."
Finally, the attorney says, "Okay, let me put it this way. WHY DO YOU WANT A DIVORCE?"
And the farmer says, "Well, I can never have a meaningful conversation with her!"
The attorney asked, "May I help you?" The farmer said, "Yea, I want to get one of those day-vorces." The attorney said, "Well do you have any grounds?"
The farmer said, "Yea, I got about 140 acres."
The attorney said, No, you don't understand, do you have a case?"
The farmer said, "No, I don't have a Case, but I have a John Deere."
The attorney said, "No you don't understand, I mean do you have a rudge?"
The farmer said, "Yea I got a grudge, that's where I park my John Deere."
The attorney said, "No sir, I mean do you have a suit?"
The farmer said, "Yes sir, I got a suit. I wear it to church on Sundays."
The exasperated attorney said, "Well sir, does your wife beat you up or anything?"
The farmer said, "No sir, we both get up about 4:30."
Finally, the attorney says, "Okay, let me put it this way. WHY DO YOU WANT A DIVORCE?"
And the farmer says, "Well, I can never have a meaningful conversation with her!"
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abcdgc
12-27 12:27 AM
So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?
You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?
You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?
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mirage
08-06 09:19 AM
I'm impressed, How about posting your resume here. So everybody can clap on your achievements....
Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Marphad
12-17 01:52 PM
People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.
They need to be procecuted.
When I started this thread, I knew for sure that some terrorism supporting back stabbers will start giving me Red, and it happened :).
This is all they were taught from which ever the school (they call that junk yard as school - don't laugh) they went through to attack people from back.
They need to be procecuted.
When I started this thread, I knew for sure that some terrorism supporting back stabbers will start giving me Red, and it happened :).
This is all they were taught from which ever the school (they call that junk yard as school - don't laugh) they went through to attack people from back.
sroyc
08-06 10:34 AM
Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.
I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.
I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.
I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.
I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.
I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
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