number30
03-26 04:48 PM
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
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unseenguy
06-26 06:04 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.
Hi Puddon head :
Thanks for putting this all together. I support mathematical approaches. Monte carlo analysis is a good approach and it will always present the most pessimistic scenario.
For optimistic analysis you can use, 3 or 6 point analysis like, (P + O + 4*ML)/6. Although ML in this situation is a tricky part.
I agree that you are going to end up with a range rather than any specific number. I also agree that it is crucial to get the Most likely range with acceptable standard deviation :)
You can use six sigma approach also :) ;) (just kidding on this last one).
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.
Hi Puddon head :
Thanks for putting this all together. I support mathematical approaches. Monte carlo analysis is a good approach and it will always present the most pessimistic scenario.
For optimistic analysis you can use, 3 or 6 point analysis like, (P + O + 4*ML)/6. Although ML in this situation is a tricky part.
I agree that you are going to end up with a range rather than any specific number. I also agree that it is crucial to get the Most likely range with acceptable standard deviation :)
You can use six sigma approach also :) ;) (just kidding on this last one).
rockstart
07-14 08:28 AM
In the letter Phani mentions DOL asked companies to file EB3 instead of EB2 because of slow economy in 2001-2002. Is there any official communication regarding this? According to my understanding of the process and rules. It is job requirement that drives the labor category (EB2 or EB3). Most jobs require bachelors degree with some experience and hence are classified as EB3. There are other jobs that need more skills ( according to employer and endorsed by DOL) which also demand little more salary. These get qualified as EB2 and then there are speacialist jobs that require very highly qualified people which are EB1. Its employers responsiblity to convince the DOL in labor and I140 stage that he needs a guy for a specialist job (EB2) and that he can afford to pay the candidate. Whether economy is slow or Fast if as an employer I have the money to pay the candidate and I have a need for his skills I can file and definately get my EB2 approved. I think what happened in 2001 was since economy was slow and companies were not doing great financially the lawyers must have cautioned the employers against filing EB2 since DOL could audit it and if comapnies are not doing good they might not be able to justify the Eb2 salaries. That is my guess please correct me if I am wrong. DOL will never advice companies to file EB2 or EB3 their job is to validate the job requirement A2P and Candidates qualifications.
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alahiri
07-10 10:10 AM
What logiclife has written is well said .. but did we get a chance to articulate this in the radio itself? Or "Mikey" got all the air time?
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vivekm1309
12-31 11:03 AM
IV is meant to discuss Immigration issues ...Politics, International terrorism, India/Pak relations, can be discussed in some of the other forums.
unitednations
07-08 10:41 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
more...
dba9ioracle
08-05 01:42 PM
With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..
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simple1
06-05 01:00 PM
The arguments like the following works for gc/usc only, who can stay put even after loosing job. The H1b has to leave the country.
- best time to buy
- inflation level of the real high prices
- lock low interest rates now.
- clean/strong foreclosure houses available now.
- federal incentive to buy house.
- downpayment assistance.
- etc.
- best time to buy
- inflation level of the real high prices
- lock low interest rates now.
- clean/strong foreclosure houses available now.
- federal incentive to buy house.
- downpayment assistance.
- etc.
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optimystic
04-06 02:08 AM
Excellent analysis Jung.lee
Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti
I couldn't control my laughter. You have a good sense of humor too
Wow...do people wear lungi at home in winter !! May be in the temperate climates of bay area and further down in So Cal :)
But up here in North Cal (Roseville), where quite a few times the lawns freeze during early winter mornings, I feel cold even with full length fleece pants inside my home!! :D . But anyway, that might just be my excuse to not wear a lungi :) ....Never liked wearing it when I was growing up as well...preferred pajamas !
Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti
I couldn't control my laughter. You have a good sense of humor too
Wow...do people wear lungi at home in winter !! May be in the temperate climates of bay area and further down in So Cal :)
But up here in North Cal (Roseville), where quite a few times the lawns freeze during early winter mornings, I feel cold even with full length fleece pants inside my home!! :D . But anyway, that might just be my excuse to not wear a lungi :) ....Never liked wearing it when I was growing up as well...preferred pajamas !
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malaGCPahije
07-14 09:53 AM
I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn’t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.
EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let’s just prove him wrong.
I just hope that EB2I people (other than rolling whatever) show some concern for EB3I. Whatsoever is written in this forum, is THAT going to take the dates forward or backward? No it is not. If someone from EB3I is expressing some frustration, just empathize with him/her and let it be. We all are happy that EB2I dates moved forward. A lot of my friends are EB2 2006 and I have called each of them expressing my happiness. All I and other EB3 in this forum can expect is that there would be someone to fight with us and for us when all Eb2's get their GC.
EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let’s just prove him wrong.
I just hope that EB2I people (other than rolling whatever) show some concern for EB3I. Whatsoever is written in this forum, is THAT going to take the dates forward or backward? No it is not. If someone from EB3I is expressing some frustration, just empathize with him/her and let it be. We all are happy that EB2I dates moved forward. A lot of my friends are EB2 2006 and I have called each of them expressing my happiness. All I and other EB3 in this forum can expect is that there would be someone to fight with us and for us when all Eb2's get their GC.
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lskreddy
12-28 02:03 AM
What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years
The lives of those killed are surely very painful and it would demeaning to forget about (which I am sure India is guilty in hoards).
It may seem like avenging their death by war is the path but if we do take that, what about the soldiers? They are someone's father, brother too. Just remember US Soldiers in Iraq.
All I am hoping is before they take the war path, all options are expended. If the options are expended by now, and all the big think-tanks decide it is time, yes, by all means, go full throttle and put this to rest.
The lives of those killed are surely very painful and it would demeaning to forget about (which I am sure India is guilty in hoards).
It may seem like avenging their death by war is the path but if we do take that, what about the soldiers? They are someone's father, brother too. Just remember US Soldiers in Iraq.
All I am hoping is before they take the war path, all options are expended. If the options are expended by now, and all the big think-tanks decide it is time, yes, by all means, go full throttle and put this to rest.
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sanju
12-17 04:05 PM
Since everyone is posting what they want, I guess I can also just post anything here....
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gc_on_demand
09-26 12:41 PM
My friends also live in the UK. I have a few friends and relatives who work in the health care system. UK health case is pretty bad. The situation is similar to Govt. hospitals in India. You don't have to pay, but you have to wait a lot to see the doctor and to receive care.
My boss was canadian and he told me same story for canada. I think Health care is same where British ruled in past.. LOL !!
My boss was canadian and he told me same story for canada. I think Health care is same where British ruled in past.. LOL !!
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NKR
04-15 08:34 PM
Factors to consider when buying:
1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.
For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.
Let me declare the winners:
1. Mariner & nojoke are logical & declared winners in this debate
2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.
May God Bless you guys.
probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.
1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.
For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.
Let me declare the winners:
1. Mariner & nojoke are logical & declared winners in this debate
2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.
May God Bless you guys.
probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.
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xyzgc
12-27 12:25 AM
So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?
You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.
But surely you are well-aware that they have done it in the past and now its all back firing!
The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.
You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.
But surely you are well-aware that they have done it in the past and now its all back firing!
The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.
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hpandey
06-26 03:33 PM
Would you share what calculator are you using.
I used one here:
Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)
Loan Amount: 600K (Note much less than million dollars)
Period: 30 years fixed
Interest Rate: 5% (On the lower side using historical averages)
Monthly Payment: 3220.93
Total Interest Paid across 30 years: 559,534.71
In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.
Am i missing something here ?
Good figure to make 600K loan .. that must mean people are buying at least a 650,000 house across the whole of US . You are talking about prices going down across economy you should take the average home value also across US which is definately not 600K or else most of people will never be able to buy a house.
I am taking about a home of an average 450K ( even that is more than the US average ) and at least 10 % down.
I don't think even anyone here would buy a 600K house in this economy to say the least !
Lets stick to real world calculations.
I used one here:
Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)
Loan Amount: 600K (Note much less than million dollars)
Period: 30 years fixed
Interest Rate: 5% (On the lower side using historical averages)
Monthly Payment: 3220.93
Total Interest Paid across 30 years: 559,534.71
In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.
Am i missing something here ?
Good figure to make 600K loan .. that must mean people are buying at least a 650,000 house across the whole of US . You are talking about prices going down across economy you should take the average home value also across US which is definately not 600K or else most of people will never be able to buy a house.
I am taking about a home of an average 450K ( even that is more than the US average ) and at least 10 % down.
I don't think even anyone here would buy a 600K house in this economy to say the least !
Lets stick to real world calculations.
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jasmin45
06-05 08:13 PM
Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)
By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I couldn't agree more with you on this.
By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I couldn't agree more with you on this.
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Jerrome
08-07 04:57 PM
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."
-----
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."
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willwin
07-13 12:19 PM
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
paskal
07-14 04:45 PM
The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I
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.
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.
unitednations
03-24 02:59 PM
Unitednations,
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
-----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
-----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
--------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.
- Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.
-----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.
btw; see --------------------------------for my comments.
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
-----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
-----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
--------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.
- Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.
-----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.
btw; see --------------------------------for my comments.