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Almost all the porting cases I know falls in that category. Only those people who has resources and means to do this will be able to do it. And guess who are those people...

I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.

:D:D:D Loving this thread :D:D:D

-My Attempt .. One liners


If you can stay calm, while all around you is chaos...then you probably haven't completely understood the seriousness of the situation.

Doing a job RIGHT the first time gets the job done. Doing the job WRONG fourteen times gives you job security.

Eagles may soar, but weasels don't get sucked into jet engines.

Artificial Intelligence is no match for Natural Stupidity.

A person who smiles in the face of adversity probably has a scapegoat.

Plagiarism saves time.

If at first you don't succeed, try management.

Never put off until tomorrow what you can avoid altogether.

TEAMWORK...means never having to take all the blame yourself.

Rome did not create a great empire by having meetings, they did it by killing all those who opposed them.

The beatings will continue until morale improves.

Never! underestimate the power of very stupid people in large groups.

We waste time so you don't have to.

Hang in there, retirement is only thirty years away!

Go the extra mile. It makes your boss look like an incompetent slacker.

A snooze button is a poor substitute for no alarm clock at all.

When the going gets tough, the tough take a coffee break.

INDECISION is the key to FLEXIBILITY.

Succeed in spite of management.

Aim Low, Reach Your Goals, Avoid Disappointment.

A man dies and goes to hell. There he finds that there is a different hell for each country. He goes to the German hell and asks, "What do they do here?" He told," First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the German devil comes in and beats you for the rest of the day."

The man does not like the sound of that at all, so he moves on. He checks out the USA hell as well as the Russian hell and many more. He discovers that they are all more or less the same as the German hell.

Then he comes to the Indian hell and finds that there is a long line of people waiting to get in. Amazed, he asks, "What do they do here?" He told, "First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the Indian devil comes in and beats you for the rest of the day." "But that is exactly the same as all the other hells - why are there so many people waiting to get in?"

"Because maintenance is so bad that the electric chair does not work, someone has stolen all the nails from the bed, and the devil is a Software Engineer , so he comes in, signs the register and then goes to the Cafeteria!!! !!

USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.

However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...

Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.

If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.

California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.

The point is..these are the same questions and documents Officer asked me when I went for Personal interview..

I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).

They may look like DOL process but yeah, per their field manual they are supposed to check..now dont ask me how do I know whats in their field manual..she had field manual open on her desk...it has steps..do this..check this..check that..step 1..step 2..etc

There was a step in their manual, which prompted them to check visa bulletins for
a) the date 485 was filed
b) for the date interview was being held.

sink/kill

What is deep six??

Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:


Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.

If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.

If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
1. Interest you pay
2. Property taxes you will pay forever.
3. Maintenance you will pay forever.

On the other hand - if you rent and,
A. IF you pay less in rent than #1 + #2 + #3,
B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
.... Then you will come out ahead renting.

The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
$rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.

My only suggestion to learning01 and IV is this.......... If Lou Dobbs can help you you should use his help. You do not know what his thoughts are on legal immigration. If he says that he does not support your cause, you can move on and atleast know where he stands.

If IV is talking to lawmakers from both parties, why cant we speak to all sides of the media?

Qualified_trash,

IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.

As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.

best,
Berkeleybee

I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

Did you consider banning him?

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From Forum Moderator
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We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

Thank you for your understanding,

Administrator2


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or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house).

greed has no bounds:D. i bet they will never sell these even now, thinking the rebound is just months away. They will hold on to it and then eventually will be foreclosed :(. They drank too much of kool-aid from realtors.

Did anybody contradict this caller on the show? Is the recorded show available online?

Ok there you go, now you cannot buy a house in India and you don't want to buy one here. Neither here nor there, but then i do not play with emotions as someone had accused me, so I wish you happiness whereever you are.

The evidence is overwhelming. The housing will go down so much that there will be hard lessons learned. No one will talk about investing in housing for a long time. I want to buy a house too. I just don't think you pay whatever the inflated price is demanded and throw away my hard earned money. You pay what is worth. Why do you insist that everyone has to participate in this ponzi scheme:confused: and keep the price inflated? Housing should be affordable and come to sane levels and I believe it will.

People who got GC are not facing any waves. That is why we need to get GC asap. If we struck in the GC process though we have a strong profile (careerwise, w2wise, taxwise, educationwise etc), we need to face waves like recession wave, backlog/perm wave, merging wave, economy wave, I140premium/nopremium wave, bipart wave, 2001 eb3stuck wave, magic visa bulletin wave, technology wave, visa stamping wave, uscis reform wave, dol wave, bulletin wave..

Dear Ivians,


I have not read all the mails. However, I want to express very naive thoughts (without a reading bias from previous mails) for now. I might reconsider some notions by the weekend until I am satisfied.

I have studied Obama, CIR and immigrants plights all these years. Here is what I think could be positive:

Obama is the kind of leader whao gets at the bottom the issues and tries to do the right thing (Watch Clinton's Florida speech, Oct 01, 2008 as to why he likes Obama!). He has the leadership skills and the strength of character to sway enough votes for any legislation including CIR. To me, so far he has shown Lincolnian charm. He is a serious guy who wants to do the right thing.

He would try to balance middle class american families and unemployment situation. When close to half a millions jobs are lost, it is illconceivable for anybody to push for immigration reform eventhough we may be on the right side of justice and victim of broken system.

There may be some tough situations for immigrants such as less outsourcing, american worker priority and other programs to promote STEM within the company. However, he will be the person to stand up for plights of tech workers. He understands the need and benefits of tech-immigration. As far as I know, his voting for H1 and CIR has been positive. It will be Obama and not someone elase whao will decide the policy. Durbin might tie the loose ends.

My feeling is this: Let us trust this man. Explain to him through IV and any other channels our problems and how it impacts present and future of America. If we could successfully argue (by all pure means) for a "A business model where tech-immigrants bring benefits and rate of returns in a much higher and assured fashion than the stock market", we could win this debate.

We are dealing with reasonable, smart and patriotic people. We need to continue to explore better methods to effectively communicate and win the deal. It is all about intellectual exercise to win a deal....

It is always prudent to have back up plans, however, it should not distract us too much.

haven't we agreed that GC is only worth so much and we do not want to have our life hostage to GC. At the same time, timely GC status gives better control of our career and discharging our family obliations. Sooner is better. However, we could do only so much.

Let us continue to do our best and hopefully with a new administration, we would learn new equations.

I trust in the ability of IV and IV-sympathetic constituencies to bring us deserved reward and recognition sooner rather than later.

Staying positive, continuing to learn (lobbying and swaying), adapting to the environment (what are the business needs of main street and wall street and how leaders perceive those) and doing our best (use best of our minds and achess game of life.....a special gift of God to Indians and others) and learn to be happy.

Remember, this is the first stroke of my pen.... I might revisit and reconsider some thoughts based on what most others are thinking.

If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....

can some admin close this thread

Great Job - Thanks for taking initiative... everyone please pitch in.

If I make money from a due to a piece of information or knowledge directly obtained from biggerpockets, I'll buy you a beer! :D

Atleast I could sqeeze a beer from you ;)

A doctor, a lawyer, a little boy and a priest were out for a Sunday afternoon flight on a small private plane. Suddenly, the plane developed engine trouble.

In spite of the best efforts of the pilot, the plane started to go down. Finally, the pilot grabbed a parachute, yelled to the passengers that they had better jump, and bailed out.

Unfortunately, there were only three parachutes remaining.

The doctor grabbed one and said "I'm a doctor, I save lives, so I must live," and jumped out.

The lawyer then said, "I'm a lawyer and lawyers are the smartest people in the world. I deserve to live."

He also grabbed a parachute and jumped.

The priest looked at the little boy and said, "My son, I've lived a long and full life. You are young and have your whole life ahead of you. Take the last parachute and live in peace."

The little boy handed the parachute back to the priest and said, "Not to worry, Father. The 'smartest man in the world' just took off with my back pack."

;););)

Menu
-----
Waiter: I've stewed liver, boiled tongue and frog's leg.
Customer: Don't tell me your problems. Give me the menu card.

Gangster's son
--------------
Q: What did the gangster's son tell his dad when he failed his examination?
A: Dad they questioned me for 3 hours but I never told them anything."

Dinner
-----
Wife : Do you want dinner?
Husband : Sure, what are my choices?
Wife : Yes and No.

Wife
----
First guy (proudly) : "My wife's an angel!"
Second guy: "You're lucky, mine's still alive."

What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.

I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.