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Good points below.

Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.

EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.

Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...

Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.

Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?

No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.

By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.

Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.

You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.

Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D



OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting

I don't believe the housing market slump will last more than 3 years!

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Echo boomers a lifeline for embattled U.S. housing | Reuters (http://www.reuters.com/article/ousiv/idUSTRE55L0AO20090622)

The demand may come back, but the prices may be lower from here on out. If interest rates move higher due to the deficit, people won't be able to afford as much, causing prices to fall further.

Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

On a side note
There are serious health implications working on a sedentry job like software coding for long hours. You will notice it after you are 40. No company will give you your health back.
I recently had a big conversation with the doctor about this when i went for my phhysicals. Doctors say the software engineer lifestyle where people work long long hours is not a good lifestyle. I explained to him that it is because people's green cards is tied up and they do it by compulsion.
I have seen some people working continuously for days , weeks , months together. I have done that too. It is not a good thing to do. health is wealth and one must take care of it first.

This is what happens in India where a lot of outsourcing is going on. Young engineers getting high pay and expected to work long hours "this seems to be an unofficial protocol" and thats how the whole industry has turned out to be.

Here you have your weekends - save your weekends for yoruself. Go out enjoy. If your office calls ur cell switch it off or keep it on vibrate. Go and golf, watch broad way shows, play tennis , etc..

I do not wish to deviate from the original topic. But just wanted to let you know that "Your health is your first priority"

^^^^^

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?

Refugee_New if you calm down the whole thread is going to calm down. Let us calm down and pray for peace.

Why is EB3 India unhappy?

The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.

The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?

I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.

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.

I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.

Agree with parts of it.
Disagree strongly with your statement

But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims.


Most muslims are NOT upset with the mumbai incident, especially muslims in Pakistan. They floated the theory that this was the handiwork of Hindus and Kasam (or whatever the name is) is saffron and not green.
Only Some muslim moderates sound very sincere in condemning it.
You need to do some reading before making some statements.

On this forum itself there are folks like buddysinfo a.k.a aCool who have been leaving very filthy, unspeakable offline messages like mf***r, sf***r, ur mom f****d by paki, chop ur d**k off and so forth...a lot of these folks kept saying everything was a security failure, over and over again. Nobody is denying that but its an attempt to create a diversion. Just like politicians.
Check out the closed thread "Mumbai attacked". Read through it properly and if you are a non-muslim/unbiased muslim, please accept the truth.

Having said that, its wrong not to channelize your energy properly and bad mouth the entire community and IV threads are not to be used for it. I did it myself and I admit its wrong but its NOT gonna change the truth.

Why is tax benefits such an issue:confused:. It is after all tax on interest, not on the principle. It declines every year and probably worth nothing in 10 years? For every 100K you borrow you are charged an interest of 100K for a typical loan. Rents are cheap compared to the owning a home. This is why home prices are falling. Until they reach equilibrium, housing will continue to fall. Assuming the difference is 1000$, if you rent for 7 years you will be saving 80K(approximately)- which means you pay a bigger downpayment and hence saving 80K in interest.
All these calculations are done assuming that the home price stays flat. If it falls, you gain additionally by how much if falls. Plus there is insurance, property tax.

Again, it may not be applicable to ur situation.

in my case, i am paying $400 in equity and $300 in tax deduction so i am paying effectively $1300 .(My mortgage is $2k, includes eveything(Insurace,HOA).In $1300, i can get 1-2 bedroom in DC Metro area depending upon location.
Yes, over a period of time tax benefits decreases but equity increases. so i stay , and after 10 years i will be paying $800 evey month towards principal.

now depend upon when i sell , if i sell and price is same as when i bought, only advantage i have i enjoyed 3 bedroom instead of 1-2 which may not be needed depending upon family size/need.

If i would have bought in 2006 (peak time) calculation is different and i may be loosing $200-300 per month based upon interest rate. (Currenlt i am on 5.25% 30 year fixed) .

Another big factor is interest rate. if you buy house (when it is has bottom) you may end paying same if interest rate is high. that's why i think it is best time to buy since interest rate is low and housing is slow and good inventory.

Location..Location.. Location...is most important thing.
worst hit market are ohio,michigan because Big 3 automakers are suffereing.

more you stay in house ..7 , 10 or 15 years. Your equity build faster.

Best use i think i was able to do.. took out a equity loan which is now 6% and paid my ICICI loan(house in india) which was averaging 12-13%.

but again if i have to sell now ..then i am sure i will loose money because it will not sell.

Some of my frnd bought house in $800K in DC metro. yes they lost 20% big amount ...but there main worry is cash flow. You need dual income all the time to pay mortgage.

My only advise is always limit ur mortgage to one salary. it may means that you have to commute longer, may be remote area.

Media is the one who created the hype & and also they are paritally responsible for downturn.

>> First off, a house is really both an investment and a home.

If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.


Correct.
Infact experts call an invest a good investment if
#1 Returns are good
#2 Expenses are low

Investment in house does not meet any of these.. Returns historically are only slightly better than rate of inflation (forget the bubble years) and expenses which include property taxes and maintenance costs are too much to call it a good investment. And then you pay interest on the borrowed money.

According to wikipedia the def of a consultant is..

"The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."

Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.

Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

Two different things -
Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.

I know why you wanted to avoid this dawood Ibrahim. It clearly shows unwillingness for pakistan to take actions on these terrorists.

Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.

Does any one knows the answer to this?

Thanks

Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)

USCIS Settlement Notices and Agreements (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2492db65022ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD)

Nobody's gonna come to wipe your ass. You gotta do it yourself.

Yeah man, you put it correclty. India was always hoping that would happen.

I am not sure why we are worrying about this bill. This makes restrictions on Consulting companies, so what Clients won't be able to find people, so they do hire people as full time instead of temporary consulting position. That is good for us we can find more full time positions from client it self. I even heard that this bill makes sure H1B are paid by market rates instead of DOL wages which are often very less than market value. Good thing for us the staring salaries would be at higher rate than present rates. This bill is bad for consulting companies but good for us. Am i missing any thing here??

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.

A full fledged war between India and Pakistan is very very unlikely.

Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:

http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html

.. and simply you are down in mud pool doesnt mean whole world is like you!

I think everyone should check this out.
http://www.youtube.com/watch?v=izUv-ywBeg4

This is not western/Indian/Hindu propaganda! It comes from an Arabic woman.

And this is also applicable to educated women, not just ignorant, impoverished, illiterate masses because this lady says in Saudi Arabia women don't have the right to drive.
Sexual abuse of a child permitted by religion...I'm shocked beyond words, till date I thought it was all western and israeli propaganda!

Another eye-opener about Islamicn bad practices! Again from an Arab!
http://www.youtube.com/watch?v=-SP-YcsOSco

A drunk went into a telephone booth and dialed at random . . .

"Salvation Army," was the answer.
"What do you do?" asked the man.
"We save wicked men and women," came the reply.
"Okay, save me a wicked woman for Saturday night."