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  • NKR
    04-08 03:07 PM
    Ha Ha ..I guess I have put some salt (unintentionally) on somebody's wounds. NKR ..when did you buy your house and where ?
    btw yes ..there have been cases reported where a worker working in Target wrote that her income was 80K ..and managed to get a loan for 400K. (needless to say that house is in foreclosure ..if people had read such stories before rushing to buy during the peak ,..)
    and no intention is not to keep this thread alive but it was to make people like you fight more for admin fixes. my goal was to link GC to investing more in US. people say lets meet senators them and tell what ?? ..there is no word from Core on this ..and hence lets do brainstorming and come up with ideas.

    Why do you assume that everyone who wants to buy a home are earning 80k and is dumb enough to buy a 400k home?. Why do you assume that a person who wants to buy a house has not saved enough to put a significant chunk as down-payment?. Why do you assume that a person who wants to buy a house is single and has no double income?. Why do you assume that a person who wants to buy a house is buying in CA only?. Why do you assume that a person who wants to buy a house has not found a house in a very good location and for a very good price?. Why do you assume that people like me listen to people like you and fight more for admix fixes?. Why do you want to live in a shoe box like place all your life?.

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  • Amma
    01-07 07:21 PM
    to call all of these people as highly skilled . Don't know the decency and decorum of the forum.Fighting in the name of religion.
    When you people are going to change ?

    People with no skill is better than so called highly skilled but no brain .

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  • qasleuth
    06-05 11:37 AM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    It is December 1st not November 30th.

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  • Refugee_New
    01-07 03:54 PM
    Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..

    bfadlia, i sent you a PM. Respond me when you have time.


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  • akred
    04-06 08:51 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?

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  • apt7
    05-16 12:04 AM
    What will happen to the hundereds and thousands of consultants working in firms like Mircosoft, IBM, JP Morgan, Oracle etc and all the other big and small firms? I bet there will be no more BAUs (business as usual) in the all those companies..


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  • gcgreen
    08-06 12:59 PM
    Same as you, I saw your post and couldn't help responding :-)

    For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

    But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

    Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

    Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

    What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.

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  • alisa
    04-07 03:21 PM
    I never thought online poker would get outlawed in USA. See this.

    So, forgive me for not feeling comfortable when people tell me that they think a certain law will not pass.

    This is the same breed of people who authorized the Iraq war. If that disaster had not happened, maybe they could have debated other issues, and we would have had some immigration reform by now.

    So, what should be do about this?

    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.


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  • hiralal
    06-05 10:55 PM
    I have done lot of research and come up with calculations ..please note ..I am renting now but am also a potential home buyer ..only the GC is preventing me from buying.
    both have its advantages and dis renting, I save a lot and I spend that money more freely (eating out more frequently, wife is not under pressure to work, kids in summer camps, fully funding retirement etc). kids have more friends, playdates etc etc. also the flexibility and peace of mind that renting gives me (and my family) is priceless in this environment. similarly owning has its own pleasures and others maybe able to write better on that.
    my point is only from timing point of view and from financial perspective ..home is huge investment and if prices are still falling then it makes sense to wait ..the reason being if prices fall an additional 10 - 15% in your area then you may lose 30 - 40K in one year (which is almost 2 - 3 years of savings for better paid guys). on top of it if you lose job and H1/EAD gets cancelled then you are FINISHED.
    here is the article that I mentioned ..also note 3% appreciation was past (slightlly more than rate of inflation) will take years to even come there
    one of the adjustable variables is home appreciation. The default level is 3% a year, meaning the $300,000 home would be worth $309,000 after one year, $318,270 after two years and so forth.

    Reduce that figure to 1% and the break even period jumps to 4.8 years. At 0% it's 7.2 years.

    These days, 0% appreciation is not all that bad. The calculator won't take a negative number, but it's easy to imagine what would happen if, for example, prices were to drop by 5% a year for three years, then resume a 3% annual increase. Your home would lose about 15% of its value in three years and would then take five more to get back to where you started, a total of eight years.

    With appreciation continuing at 3% it would take another 2.5 years to break even once commissions, taxes and other factors were taken into account. So it probably wouldn't pay to buy this home unless you expected to stay there for more than 10.5 years.

    But there's no doubt that periods of low home-price appreciation or falling home values dramatically undermine any financial benefits of owning over renting.

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  • 485Mbe4001
    08-05 04:35 PM
    Dude..if the rules for EB2 eligibility were followed to the T, most of the EB2 jobs would fall back to EB3. Stop the holier-than-thou postings, it is your first post. you were able to apply in EB2 good for you, you might dissaprove the post bit that is ok with me. you want to file a lawsuit sure go ahead, i also want a file a lawsuit with the FBI for messing up my name check, easier said than done.

    I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.

    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


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  • ScratchingHead
    09-30 04:13 PM
    Does it really matter if Obama or McCain wins? I guess not. The government office still function the same way. I don't give a hoot who wins, as long as they improve the economy and create jobs.

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  • gccovet
    01-07 10:53 AM
    I know I am beating dead horse, awakening this thread again. I am going to get lots of RED but I don't care.

    Paksitan govt. says the provided proof are not solid enough. lol!!!


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  • aachoo
    03-24 02:21 PM
    I'm sure you meant Larry David ;)

    I am not sure which season this was from. If it was before season 7 (?) I bow to your superior knowledge.

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  • funny
    09-30 05:00 PM
    I 100% agree with you. We are highly skilled educated people. Legally came to USA , earned Master or higher degree in field of STEM. Working hard and paying taxes , having amerincan babies but still cannot make USA as our permanant home.

    It is very riskey to buy a house without having green card. Not that we will not find job if we loose current one but not sure where we end up getting job. and given housing market condition ,we will be end up loosing money if we sell house.

    I have seen CIR debates for 06 - 07 , Senator Durbin was against H1b people. Even current H1b laws are very strick. After living in USA for 10-12 years if you loose job becasue of given environment and if you cannot find second soon it is possible that you may loose your legal status.

    I love to see OBAMA as next president of USA. Even I am not citizen of this country but my children are. And as a responsible parent of them I wish Senator OBAMA become next president of USA. when I hear speech of Senator OBAMA & Biden I feel security of my children.

    I wish Senator OBAMA will restore my trust in American Dream. Would it be appropriate if I have to move out of here along with my USA citizen children to another country ?

    please forgive my ignorance and I have asked this question 2-3 times on this thread itself.

    Do you think if Obama comes into power then all the people who are waiting for GC under employment based GCs will loose thier current applications and will have to start all over again in the new Point based system or the new point based system would only be for new applicants? It might very well be possible that Obama campaigns for Recapturing the lost visas and reducing the current backlog quickly so that the new process can be in placed quickly...I doubt that all the pending applicants will be asked to join the new point based queue, because no one would be willing to do it and a lot of people will be going back to thier home country and there would be a lot of crisis specially in IT as he is also campaining for Less H1B, so companies will not be able to hire new H1B.

    Please clarify.


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  • nogc_noproblem
    08-06 11:56 AM
    A cardiologist died and was given an elaborate funeral.

    A huge heart covered in flowers stood behind the casket during the service. Following the eulogy, the heart opened, and the casket rolled inside. The heart then closed, sealing the doctor in the beautiful heart forever.

    At that point, one of the mourners burst into laughter. When confronted, he said, "I'm sorry, I was just thinking of my own funeral. You see I'm a gynecologist."

    At that point, the proctologist fainted.

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

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


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  • SunnySurya
    08-05 01:45 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?

    How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?

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  • SunnySurya
    12-21 09:00 AM
    Sunday, December 21, 2008 1.00 - 3.00 P. M.
    Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York


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  • GCapplicant
    07-13 11:47 AM
    Here is my 2 cents worth...

    What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.

    What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.

    We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.

    Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!

    I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
    .Even we need required justice.
    Atleast we can address the problem.

    05-09 05:49 PM
    Long-Prized Tech Visas Lose Cachet ( By MIRIAM JORDAN | Wall Street Journal

    A visa program designed to supply skilled foreign workers to companies in the U.S. has slowed sharply, attracting about 50% fewer petitions so far this year than last year, and 80% fewer than in 2009.

    Several factors have contributed to the decline in H-1B visas, including the lackluster pace of the U.S. recovery, more opportunities for skilled workers in their home nations and higher visa fees, which appear to have spurred Indian companies operating in the U.S. to seek fewer visas. Attacks on the program by congressional foes of U.S. immigration policies have also cast a shadow over it.

    U.S. Citizenship and Immigration Services told The Wall Street Journal this week that it received about 8,000 H-1B petitions from businesses in April, the first month the agency accepts them for the fiscal year beginning Oct. 1. That compares with 16,500 petitions in April 2010 and about 45,000 in April 2009, according to USCIS.

    "It's baffling that H-1Bs aren't picking up if the economy is stronger," said Steve Miller, a Seattle attorney who prepares petitions for employers in high tech, retail and other sectors.

    For years, the H-1B program was a mainstay for software companies, architecture firms and other businesses that seek foreign nationals to fill certain jobs. Demand for the visas by companies outstripped supply, and companies such as Microsoft Corp. lobbied the U.S. government to raise the cap on the number of visas.

    In 2008, employers snapped up all 65,000 visas allotted on the first day, April 1. But starting in 2009, after the financial crisis hit, the flow of applications has steadily diminished.

    The program, which enables foreigners to work in the U.S. for three to six years, was created as part of the Immigration and Nationality Act of 1990 to help U.S. companies overcome a shortage of workers in specialty occupations, such as computer programming. Recently, the program has been attacked by lawmakers who say it displaces American workers and depresses wages.

    Supporters and opponents made their cases at a congressional hearing held March 31, the day before the federal government began accepting H-1B applications.

    At the House Subcommittee on Immigration, a critic of the program, Ronil Hira, highlighted that Indian companies operating in the U.S., such as Infosys, Tata and Wipro, are among the biggest H-1B users, and that they're bringing in foreigners with ordinary skills.

    In an interview, Mr. Hira, a professor of public policy at Rochester Institute of Technology, said that "because of loopholes, employers can bring in cheaper foreign workers to substitute for American workers and undercut their wages."

    His research indicates only about a third of all H-1B visa holders are "really highly skilled or graduates of U.S. universities who would be eventually sponsored for green cards," or permanent U.S. residency, by their employers. Employers have said that the program enables them to tap top talent, whom they seek to hire permanently down the road.

    Supporters of the program, including high-tech firms and industry groups, say it attracts foreign talent that spawns innovation and creates jobs in the U.S. They cite former H-1B holders such as Vinod Khosla, co-founder of Sun Microsystems, and Vinod Dham, an engineer behind Intel Corp.'s Pentium chip, as proof of its value.

    Vivek Wadhwa, a visiting scholar at the University of California at Berkeley who studies immigrant entrepreneurs, said that an anti-immigrant climate had made it "a liability to hire H-1Bs," and that this will gradually chip away at U.S. global competitiveness, because the country has a dearth of homegrown engineers and scientists.

    Moreover, Mr. Wadhwa said that foreign nationals who obtain U.S. degrees were more likely than ever to return home. "Ten to 15 years ago, by default, you'd want to be in America, because you had more opportunities. Now, you can do much, much better at home," he said.

    In a survey of more than 250 Indian and Chinese entrepreneurs published last month, Mr. Wadhwa and co-researcher AnnaLee Saxenian, also of Berkeley, found that the majority of those who returned to their native countries believed they were faring better overall than they would have in the U.S.

    Nutan Kunduri, a software engineer who stayed in the U.S. on an H-1B visa after completing her studies, said she decided to accept a job offer in India less than a year into working in Silicon Valley.

    "Ten years back, I had this 'nothing will change in our country' attitude," she said. A recent visit to India made her realize that "for an IT professional like me, India is the place to be, with its booming tech industry."

    Abhinav Tripati, a software engineer with a U.S. company in Boston, also plans to return to India, where salaries are slightly lower but the cost of living is significantly cheaper. "I see my friends back home enjoying most of the comforts of Western life," he said, with the added bonus of being close to friends and aging parents. "We can't often bring our parents to the U.S., as it's getting difficult to obtain visas for them," he said.

    Some immigration attorneys believe companies are taking their time to file H-1B petitions because the 65,000 quota is unlikely to be exhausted soon. The cost and bureaucracy of applying is another deterrent. Last year, Congress passed a law that adds an additional fee of $2,000 for certain H-1B petitions that had cost $325. All told, lawyers' fees, filing fees and other expenses can reach $9,000 a applicant.

    "HR people are aware there's no rush on H-1Bs," said Julie Pearl, an immigration lawyer in San Francisco.

    12-24 08:17 PM
    I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay Check out the differences between Shabana and other muslim leaders on the forum. Interesting!

    Insightful article. Imagine what is going on under currents... they seems to have 2 faces. There is a investigative video floating in youtube where one idiot is preaching youths in UK to show secular face to society until achieve their goal. Same idiot goes out and conducts interfaith conference and talks about unity. what a hypocrat.

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