tattoo empek empek

We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

God bless us all!


I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information

Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.

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

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

What a tiresome thread!!!

Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.

Pineapple is mostly right. The thread went little too far.

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.

Hi UN, Please take a look when u get a chance


First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

Here's my situation(I think a case of status violation)


I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??

ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




Thanks.

Can there be a differentiation between extensions/renewals/company changes and new H1bs?

In some sense there already is, since the former are not subject to cap, while the latter are.

So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.


I agree, new H1b is not our concern..well not directly or immediately.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...

Smash terror hideouts says Abdul Kalam.
http://timesofindia.indiatimes.com/India/Smash_terror_hideouts_Kalam_/articleshow/3931768.cms

I don't really think this bill will even be discussed. yes the may try to cut and paste parts of it to immigration bill....

Will Compete America and other companies accept it? no way..

And if it goes through, it will be begining of an end to America's supermacy as a leader in the world economy.

Wish I could think so quickly.

A man boarded a plane with 6 kids. After they got settled in their seats a woman sitting across the aisle from him leaned over to him and asked,

'Are all of those kids yours?'

He replied, 'No. I work for a condom company. These are customer complaints.'

what did that dumb O bama do with 60 senators and 260 congress democrats in the house-------GHANTA.......he is the most useless guy on earth....

Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action


Come the November Elections, Dems could lose 10 in Senate..

And we are back to square one.

Dejavu 2007/2008 ;

If this happens, no bill will pass, leave alone Immigration Reform.

Republicans will keep sending bills and Obama will Veto 'em.

OBAMA is for lesser H1B but more EB GC. He prefers workers who are entering the US to have intention to stay permanently than temporarily because it helps the economy.

That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.

If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.

I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.

A boat docked in a tiny Mexican village. An American tourist named Jon complimented the Mexican fisherman on the quality of His fish and asked how long it took him to catch them."Not very long," answered the Mexican.
"But then, why didn`t you stay out longer and catch more?" asked Jon.
The Mexican explained that His small catch was sufficient to meet His needs and those of His family.

Mr. Berg asked, "But what do you do with the rest of your time?"
"I sleep late, fish a little, play with my children, and spent quality time with my wife. In the evenings I go into the village to see my friends, have a few drinks, play the guitar, and sing a few songs. I have a full life."

Our intrepid Mr. Berg interrupted, "I have a M.B A. from Stanford and I can help you.You should start by fishing longer every day. You can then sell the extra fish you catch. With the extra revenue, you can buy a bigger boat. With the extra money the larger boat will bring, you can buy a second one and a third one and so on until you have an entire fleet of trawlers. Instead of selling your fish to a middle man, you can negotiate directly with the processing plants and maybe even open your own plant. You can then leave this little village and move to Mexico City, Los Angeles, or even New Jersey! From there you can direct your huge enterprise."

"How long would that take?" asked the Mexican.
"Twenty, perhaps twenty-five years," replied Jon.
"And after that?"
"Afterwards? That`s when it gets really interesting," answered Jon, laughing. "When your business gets really big, you can start selling stocks and make millions!"

"Millions? Really? And after that?"

"After that you`ll be able to retire, live in a tiny village near the coast, sleep late, play with your children, catch a few fish, spend quality time with your wife, and spend your evenings drinking and playing the guitar with your friends!"

Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse njustice to EB3.

And how is this an injustice to EB3-I when EB3-I has always been behind EB2-I in the pecking order under either interpretation of the law.

The attempt to equate EB2-I to EB3-I on compassionate grounds quite frankly is laughable - sorry, I have to call it as I see it. Quite the contrary, injustice to EB2 has been corrected and I welcome that.

People seem to be suddenly forgetting that there is a clear preference established for each EB category. The real anguish here is to see EB2-I go ahead of EB3-I. Have the courage of conviction to say so.

You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.


Can there be a differentiation between extensions/renewals/company changes and new H1bs?

In some sense there already is, since the former are not subject to cap, while the latter are.

So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.

Now point number 2 is a suggestion worth some thought and which might get some traction. I am not sure whether it would require a legislative fix.

Yup. Many want to shut the golden door of opportunity behind them after they enter! Few like to help others by pulling them out of the mess they were once in!

There are several immigration related websites and many of them are run by people who themselves went through difficult retrogression. Now these websites are making lot of money due to the traffic on their sites. None has helped IV with anything. Not even allowing us to post a banner ad on their site!
If any such person is reading this note or knows someone who runs a website, do contact me if you wish to help this cause.

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

It is very sad but please post it on the relevant site.

hi Guys,
I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
Lets discuss its relevance? What does the Core think about this.?

reddiv,

I know how happy you when you came up with this idea, but do you really have to cross post it in so many different threads and forums? In what way is it relevant in this particular thread?

Why on earth would an employer need me if I don't have merits?

I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.

Is it fair to say that on one side you have the people who are trying to limit immigration.

On the other side you have people who want friendlier immigration policies. Within the friendlier immigration poliices; you have more self interest groups:

h-1b group of self interest
Liberia self interest groups
lawful permanent resident spouse
political asylum groups
aged out groups
universities with student visas
unlawful interest groups
h-2 groups
nurses, etc.
employment base groups.


All of these self interest groups go to media, senators, congressment etc., with their stories and why they think they should have their demands met. My personal opinion is that if a person can stay here and legally work and wait then they are not as disadvantaged as companies/people who are waiting to get in.

When you are going to do advocacy you need to know beyond your individual case and how you stack up across the board.

It is very sad but please post it on the relevant site.

I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.

Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?

How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.

Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?