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  • pd_recapturing
    08-05 10:55 AM
    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
    Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..





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  • seattleGC
    04-07 10:50 AM
    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.





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  • nanban007
    07-14 12:56 PM
    I am a silent viewer all these days. My PD is DEC 2001 EB3-I. Thanks for the letter and I will send it today . Let us try our best. Cheers, Nanban





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  • greenguru
    04-08 02:17 AM
    I was discussing the same with a friend of mine...

    what will be done next is ...

    Have 49 employees and start a sister concern ( New firm ) after that ..



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  • gjoe
    07-14 07:00 PM
    If you can show that EB3 I from 2004 was approved in 2005 or 2006 you can challenge USCIS if you have a older PD, no matter if you filed your I485 at that time or not.
    You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.

    My 2paisa here, Good Luck





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  • puddonhead
    06-26 05:52 PM
    A lot of bickering going on in this thread is because many of us (including yours truely) find it very difficult to understand/calculate
    1. Time Value of money (Wiki Link (http://en.wikipedia.org/wiki/Time_value_of_money)).
    2. Cash Flow (Wiki Link (http://en.wikipedia.org/wiki/Cash_flow))
    3. Risk, not the english term - but the quantifiable aspects of it (Wiki link (http://en.wikipedia.org/wiki/Risk))
    4. Leverage (Wiki Link (http://en.wikipedia.org/wiki/Leverage_(finance)))

    I have worked on many of these concepts for > 2 years at work (I am a techie - but have also worked as a BA and part time quant for some time). I still personally find it very difficult to intuitively understand many of those concepts.

    A proper conclusion of whether buying is better or renting is would involve each and every one of these concepts - and a lot of assumptions (what will be rate of inflation, how will the home prices behave etc). Since there would be so many assumptions - I doubt it will be at all possible to arrive at any definitive conclusion. Your best bet would probably be a monte carlo analysis and see which one is more probably the superior one.

    So surprise of surprises - there is no "right answer"!!

    That said - I personally follow the a modified model of "dynamic programming" that my college taught me in the 2nd year of bachelors. You CAN NOT estimate future variables with ANY accuracy. So optimize your present steps based on some cost function.

    Applying that to the present problem - you CAN NOT estimate how the home prices will behave in future or how will the rent be or how will the inflation (or - horror of horrors - deflation) behave. The only thing you can optimize is your cash flow TODAY and the Present Value of any investment you hold. Present value = market value of your equity (even if the price is 40% lower than when you bought). Your "cost function" (maybe we should rename it to "wealth function") that you are trying to optimize is your net worth.

    The result of the "dynamic programming" approach if probably not going to be the most optimal - but it will be the best that I know of. :-)

    Best of luck guys.



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  • gc_aspirant_prasad
    09-26 08:47 AM
    I know it may be for the greater good to see Prez Obama in the white house.
    However, I am fairly confident that the condition of Employment Based immigrants - people facing years & years of retrogression will be a sorry one.
    As much as I would love to be part of this American experiment, I have to think of stability.
    Under Prez Obama if Sen Durbin & his friends revive CIR 2007 type discussions it is end of the road for folks like me waiting for over 5 years for the US GC.
    It would be wise to move to Canada or Australia / New Zealand for most of the EB folks where we can have the stability and freedom to be all that we can be and do all that we can do.
    I have exercised my personal preference for the Big White North & have already applied for the Permanent Residence in Canada. I am also in talks with angel investors in Ottawa such that I can incorporate & start a product development outfit up there.





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  • wellwishergc
    07-11 11:48 AM
    Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.

    Thanks!
    Is your GC approved now?



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  • 485Mbe4001
    10-01 01:23 PM
    For the record the raising of the FDIC limit was proposed by House Minority Whip Roy Blunt and not Obama. One article spinned it to show that Obama proposed it and then that news got the most clicks and now everyone says that he proposed the limit.


    After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.

    Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.

    And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.





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  • ssa
    07-14 08:00 PM
    That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!

    And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?

    Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?



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  • Winner
    03-25 11:01 AM
    Thanks for contributing to IV with meaningful discussions. Would you all consider making a monetary contribution to IV?





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  • wandmaker
    08-11 02:17 AM
    Four college friends were so confident that the weekend before finals, they decided to go up to Dallas and party with some friends up there. They had a great time. However, after all the partying, they slept all day Sunday and didn't make it back to Austin until early Monday morning.

    Rather than taking the final then, they decided to find their professor after the final and explain to him why they missed it. They explained that they had gone to Dallas for the weekend with the plan to come back and study but, unfortunately, they had a flat tire on the way back, didn't have a spare, and couldn't get help for a long time. As a result, they missed the final.

    The Professor thought it over and then agreed they could make up the final the following day. The guys were elated and relieved. They studied that night and went in the next day at the time the professor had told them. He placed them in separate rooms and handed each of them a test booklet, and told them to begin.

    They looked at the first problem, worth 5 points. It was something simple about free radical formation. "Cool," they thought at the same time, each one in his separate room. "This is going to be easy."

    Each finished the problem and then turned the page. On the second page was written:

    (For 95 points): Which tire?



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  • Macaca
    03-13 08:29 PM
    Some paras from New Math on Hill, Scramble on K Street (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201579.html) -- The House's pledge of fiscal restraint could threaten tax breaks across many industries. Businesses and the lobbyists who represent them are on high alert.

    Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."

    The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.

    Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.





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  • USDream2Dust
    06-06 11:09 PM
    When it comes to house or condo or town house, it is always location location and location. If you think buying a house or condo just to put on rent is foolishness and not calculated risk, I cannot argue with you to fill up pages on forum and again I don't want to give you a lesson there. Like other things in life, you have discover your own way to make money may be in renting or may be owning a store or just doing your job.


    Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.

    There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.

    Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).

    Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.

    Chill out and have a good night



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  • akred
    04-07 01:35 PM
    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?

    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html





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  • pani_6
    02-21 01:03 PM
    Why doesnt this guy test the water by contesting the elections...he talks as if he is the 20th century Adam Smith who should be consulted on economics..



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  • milind70
    07-10 12:55 AM
    I have changed the H1b after my last entry to usa. My I-94 in passport and in the H1b approval notice numbers are not same. Out of all 10 digits only 6th digit is different. I think it is a typo by uscis. What should I do?? The difference is very hard to figure out that I noticed it only when I was filling out I-485 by myself.

    Any suggestions

    You can file Form I 102 with USCIS , if it is the mistake of USCIS there is no charge. If I 94 is mutilated,lost or stolen then u have to pay a fee for it.
    I would suggest take an infopass appointment with local USCIS office and talk to a immgration officer he will be able to help you.





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  • dealsnet
    03-25 08:11 AM
    I have brought a house 4 years back after 2 years in this country. It is $500K house. Forgot about your status, if you have a stable job. If husband and wife working, defenitly go for it. Shop around and find a good home. It is an investment. You can claim much for tax return. My I-485 pending. PD 2004 Jan. Eb2 -India.





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  • pani_6
    02-21 01:03 PM
    Why doesnt this guy test the water by contesting the elections...he talks as if he is the 20th century Adam Smith who should be consulted on economics..





    sc3
    07-14 12:57 PM
    USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.


    * When was it unclear?
    * Why did it take so long for USCIS to see that the law was unclear?
    * What caused USCIS to realize that the law was unclear?
    * What caused them to change their interpretation?
    * How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)

    Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.





    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?