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Why don't you suggest the appropriate forum. Tired of hearing this 'this forum is only for immigration matters'. Agree why don't you be a COP for all other threads started not related with immigration.Put some ice on your head.

Peace


I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.

Thanks,

Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

Right now;

VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

Dear xyzgc,

As a fellow Indian I understand your anger about India's inaction. In no way India can match America.

Look which countries America attacked after 9/11 ?. Hopeless Afganistan and throughly beaten Iraq. These countries are no match for America.
America can attack half way from the globe and attack other unequally matched countries. Do you think US will attack Russia or China like Afganistan? It will think thousand times because of sure mutual destruction it will bring. Now Israel is thrashing Hamas which is not at all a regular army.
Do you think Israel will touch Iran ? Iran will torch Israel.

So, it is the kind of measuring the capacity of the enemy and acting accordingly.

If India attacks Pakistan, Pak will surely use their Bramastra which is atom bomb.India again retaliates with another 10 atom bombs and full Pakistan and half India will be in ashes. Do you want that ?

Again , this kind of massacre may happen in future . Who knows ?. But, I am sure we can't hit Pak like America.

I am also thinking in line with Alisa's . To avoid castration from US army , these Taliban kind of people send some misguided youths to attack, thereby diverting the issue and diverting the Pak army to India border.

The only way to solve this problem is the self realisation of Pakistan . Terrorism is like a double edged sword. It will harm both parties.

" Unless the thief understand and realizes his misdeeds , nobody can destroy theft " - Famous Tamil poet Pattukotai Kalyanasundaram.

We will support your lawsuit if you pay up for our support. I am onboard if the figure is 4 digit or above. I hope your lawsuit doesn't get backlogged in the court and USCIS holds up your GC application until your case is decided in the court.
If you lose the case I will return your money with a 3% interest to compensate for inflation or defalation of the currency.

I couldn't agree more. My first home is almost fully paid off. Peace of mind is a great thing.

I will be happy owning one home. And hope to repay it off quickly so i dont have any BANK to answer to. Having a peace of mind that one day when i pay off the home nobody can kick me off my home for any reason is PRICELESS to me.

It's not for my grandkids. Its for my wife and my kids when I retire.


Owning 10 homes so that you can donate to your grandkids may be PRICELESS to you. I wish you the best.

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.

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.

You hit the nail in the head.

Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.

be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

I had promised myself to stay out of this debate. I am not sure it does us any good. But Razi, you gotta be kidding me? So let me try to understand your logic. The Muslims are 'oppressed', according to you, in say Kashmir. OK, for arguments sake let me accept that at face value. How does that justify killing a human being???? Do you even realize that the beauty of democracy, as flawed as it might be in India, is that you get to choose who represents you and the people have the right to choose how they should be governed through their elected representatives. Why is it that the so called Hurriyat guys are sh**ing square brick at the thought of contesting in an election.

Why is it that there are no true democracies in the middle east? Have you ever thought of that? Do you realize that in a country like Saudi Arabia women are oppressed and they have to follow the dictates of the mullahs!! Every person, irrespective of their personal faith is subject to the Sharia laws!! Is that justice!! Why is it that Muslims don�t see oppression within their own country and try wage a jihad against that? Why is it that Muslims don�t want to spend time and effort cleaning up their own house?

Here is some free advice for you, first up why don�t you and any others who feel that Muslims are being oppressed in parts of world where Muslims are a minority wage a jihad in Muslim majority countries and free your society from the injustice that are being passed out to the population in the name of Islam. When I see you do that and that will be day you will be able to point your fingers at other countries. Buddy, first get your house in order before you start pointing fingers. Remember, when you point 1 finger at a person 4 are pointing at you!

LOL!

Since everyone is posting what they want, I guess I can also just post anything here....



.

but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.


Paskal thanks for your post. You have given some points to mull over. However, I dont get some things, if EB3-I were on the lowest totem-pole, how can we explain the data from previous years where EB3-I got a lot more visas -- even though EB3-ROW was not current.

Second. Which point in the AC21 says Eb2 gets preference over Eb3? There is nothing in sec 104 which points towards the preference for EB2? I have read and re-read the section multiple times, but I dont see anything which says that there is a preference towards EB2.

So, you want to remove the threat of nuclear weapons by using them?



Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack. Not by using it. Remember, India has "no first use" policy....


Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing. They are trying to take the option of war OFF the table. India should keep it in the table but use very very cautiously.

Peace again,
G

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.

Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.

Mirage, in my own small way, i was also involved in the fight against Labor Sub. Cannot discuss it here as i do not think this is an appropriate forum.

However, i do understand your point of view. But, you have to realize that EB-1,2 and 3 are DISTINCT paths. "Time benefits" should not cascade across these different categories, and that is what i intend to fight legally.

I can provide more details in a week or so, when i have my final draft plan ready.

In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.

The ten Commandments of married life

Commandment 1: Marriages are made in heaven. But so again, are thunder and lightning.
Commandment 2: If you want your wife to listen and pay strict attention to every word you say, talk in your sleep.
Commandment 3: Marriage is grand -- and divorce is at least 100 grand.
Commandment 4: Married life is very frustrating. In the first year of marriage, the man speaks and the woman listens. In the second year, the woman speaks and the man listens. In the third year, they both speak and the neighbors listen.
Commandment 5: When a man opens the door of his car for his wife, you can be sure of one thing: either the car is new or the wife is.
Commandment 6: Marriage is when a man and woman become as one; the trouble starts when they try to decide which one.
Commandment 7: Before marriage, a man will lie awake all night thinking about something she said. After marriage, he will fall asleep before she finishes.
Commandment 8: Every man wants a wife who is beautiful, understanding, economical, and a good cook. But the law allows only one wife.
Commandment 9: Marriage and love are purely a matter of chemistry. That's why the wife treats the husband like toxic waste.
Commandment 10: A man is incomplete until he is married. After that, he is finished....

this moron has failed to realise the unfortunate fact that UK has been(and continues to be) the head quarters for all terrorists. In fact they need to fix their immigration system .
Anyway I dont give a shit to this freak. My favourite website is no more CNN...

You seem to be a rational person. You points are compelling and that's why we need to take some legal opinion on it.

Thanks SunnySurya.

Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.

Behave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.

Look at the bigger picture, my dear friend. The biggest thing in life that drives a man's opinion is not education or skill or awareness, it is purely perception. A good example is of the man who shot his wife as soon as she opened the door for him and all the while he was thinking that there is an intruder at home. This was his perception.
A public system always has issues and loopholes and a business is created basic on public systems like h1b or GC etc.... thats how public systems are. You are no special. Take example of American Idol. No matter how good you are, you can be voted out. You are exactly in a public system. In a pubilc system everyone goes through something that is called reality check and this will happen to anyone. If rich people think their kids must never gop through this and protect them, at some stage they have to come in terms with reality.

I am in full support of American friends who lost their jobs, and I think we must do everything we can to help them get a job. But when it comes to businesses, the logic is different. They will try to get the best deal. Everyone knows the system and its loopholes and will do best to get more competitive and get better.

Open yourself up and come out of your narrow minded approach, you will see a different world.

One thing I noticed in likes of you. You people are jelous of desi consulting companies because of their misuse of loopholes and making great money and driving ferraris. Well, if you have an option to do that, you must and if you can you must, so many American people mix hands with desi body shops on partnerships and involve in this business. While an abuse of visa may affect you, you must work hard to stop that abuse. Just to protect your self interest you are blaming them, is not right.

This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.

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...

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


Are you Rolling_Flood?

Law is what it is. It is not what you believe is correct.

I think mbdriver is absolutely right, this would stop the exploitation of greedy consultancies and every one gets a fair chance.