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  • waitnwatch
    08-05 05:22 PM
    Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)

    A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.

    On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.

    Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.

    I hope this sounds logical to atleast some of you folks.





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  • irock
    08-05 08:42 PM
    Pl close this stupid thread. Thx!
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?





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  • priti8888
    08-09 06:43 PM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    since u r the primary applicant choose option 1





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  • Macaca
    12-23 10:55 AM
    Pelosi's first year

    San Francisco Democratic Rep. Nancy Pelosi made history as the nation's first female House speaker in January, but she's had a bumpy first year marked by successes and failures.

    Biggest successes

    Passed an energy bill raising fuel economy standards for the first time in 30 years, the equivalent today of taking 28 million cars off the road by 2020.

    Approved a major cut in interest rates on student loans to make college more affordable.

    Passed the strongest ethics reforms since Watergate, banning gifts from lobbyists and making earmarks more transparent.

    Secured the largest increase in veterans' benefits in history.

    Increased the minimum wage for the first time in a decade, from $5.15 an hour to $7.25 over three years.

    Biggest failures

    Despite repeated votes, failed to enact any major changes in Iraq war policy.

    Tried to expand the state children's health insurance program to cover 4 million more children, but was blocked by President Bush and House Republicans.

    Sparked a diplomatic fight with Turkey by pushing a resolution condemning the country's mass killing of Armenians during World War I.

    Abandoned the party's "pay-as-you-go" budget rules to avoid letting the alternative minimum tax hit 20 million Americans.

    Accepted Bush's spending limits in the end-of-the-year budget fight to avoid shutting down the federal government.



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  • 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?





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  • django.stone
    06-26 07:13 PM
    as you can see in this chart, 1940 was the lowest point in house values, so obviously the number looks good, but in reality, house prices never increase until the recent crazy buying by financially clueless and greedy

    http://photos1.blogger.com/photoInclude/blogger/6089/1833/1600/shiller.gif



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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?





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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • Journey to the West Pt 3 2002



  • niklshah
    07-14 08:49 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.

    guys this rolling flood guy does not look like any of us in queue of green card..he is just here to put some oil in stupid fire started here...Beware of him.....





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  • raysaikat
    07-13 11:23 AM
    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.

    No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.

    The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.



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  • nogc_noproblem
    08-05 12:44 PM
    A psychotherapist was having a roaring business since he started from scratch.

    So much so that he could now afford to have a proper shop banner advertising his wares. So he told a kid to paint the sign board for him & put it above his shop entrance. But, instead of his business building up, it began to slacken. He had especially noticed the ladies shying away from his shop after reading the sign board. So he decided to check it out himself.

    Then he understood why...

    The boy found a small wooden board so he had split the word into the 3 words: Psycho-the-rapist





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  • chanduv23
    03-25 01:48 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

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

    Thanks very much, as always.

    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D



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  • hopefulgc
    08-11 04:35 PM
    what a loser a person has to be to give out red dots for jokes.

    i am here to counter the trends of red dots :)

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.





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  • sledge_hammer
    03-24 05:06 PM
    My Dear Friend:

    Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

    For once, accept that we are at fault.

    Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?

    I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?

    How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.

    Now, we are in trouble and so stop finger pointing and give any good advise if you can.

    FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.



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  • thakurrajiv
    03-26 10:13 AM
    These banks, Mortgage companies and realtors - The whole nexus of sharks have made refinance almost impossible since last week.. Any body else noticed that? What happened is as soon as FED cut down the rate this nexus dramatically reduces the price 10 - 15%. If you go to zillow, you would find at least 10% reduction published for almost every home with comparison to 5 days before... Something is cooking up.. I do not know what it may be...At least for VA, MD, DC based homes I see this pattern. It looks like, lenders do not want to invite refinances.. and that is scary. Even most sites shows the list of properties with less value under " property sold last in 6 months" and make the properties disappeared which wer sold with reasonable price. I noticed this pattern for many bank alerts as well. So now the real picture you can get from is the county database only to fight these sharks. Are they trying to divert all to government loans (FHA?)... watch out.
    I posted a few messages in another thread on macroeconomic issues. As you found out, a lot of people don't understand the severity of credit crunch. If you have lot of cash, yes you have a big advantage, go and invest. Even if you get it wrong for next 5 years, you will be ok.
    But for people who want to do this on borrowed money, credit crunch will hit you. The credit crunch will get worse. Whole mortgage industry will change, things will tighten. This just means something has to give up, which is house price.
    If you are already not in a house, wait as you might be able to buy at much lower prices. Jump into RE as investment now only if you have enough cash to sustain upto 30% drop in home prices !!





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  • PD_Dec2002
    07-07 10:01 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    So you got called for an interview?

    Thanks,
    Jayant



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  • natrajs
    08-05 11:14 AM
    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.

    I am a EB2 - I filer (This is my third EB2- 1st on 2001, 2nd on 2002 and finally I got settled with my third EB2 (2004) and employer)

    I was lucky that all my employers were understands that I am EB2 plus the job description warranted for EB2, But in many EB3 cases they were exploited by attorneys and employers and it is very unfair

    It�s my opinion, I am sure that you will differ on mine, that is ok,





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  • xyzgc
    01-01 01:23 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html

    Thanks for posting the link to this poetry, its very relevant to the current situation. Always knew some lines of the poem but to read the actual one with its English translation is great. Do recall reading Dinkar's poems back in the school days, as part of the academic syllabus and some poems of Bachhan (the poet).





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  • pitha
    04-08 05:43 PM
    Bill Preskal (I am not sure about the spelling of his name) is going to introduce a semilar bill in the house within the next few weeks. Seems like there is a well oiled machine which is stream rolling this.





    pmb76
    01-10 03:12 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D





    gjoe
    07-14 02:35 PM
    Looks like the situation in this thread is going to get from bad to worse.



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