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  • smisachu
    12-31 11:20 AM
    I agree to the first part. We have to make corruption a capital punishment and enforce it..
    Don't subscribe to the second part. See Hitler exported terror, which is what Pakistan is doing now and the Allies used violence in retaliation but were ultimately successful in bringing long term peace. India has never been the aggressor but we should at least defend ourselves. Pakistan is unable to shut down the terrorist camps, we have to do it or else we will keep on bleeding..



    India needs to look inwards for answers.

    We elect (those of us who actually vote) brigands, murderers and looters and expect leadership. They loot us, abuse our martyrs (re: the Kerala CM), and in turn, expect our mute subservience. Where is the interest in protecting the tax-paying citizen? Who cares? Look at how these vultures behave - Narayana Rane, Vilasrao Deshmukh, that ass-clown in Kerala. What a disgrace!

    Corruption has taken root in the administration and even some parts of our military services. Nothing gets done without someone's palms being greased first - openly and without shame. My friends in the IAS live like kings. When they visit New York, they live in the Waldorf Astoria! Meanwhile, our brave soldiers are called upon to give all they have in avoidable debacles like what we witnessed in Mumbai.

    One thinks twice before reporting a crime to the Police for fear of persecution. Journalists who catch Politicians accepting bribes on video camera are chastized. Many parts of India remain as backward and undeveloped as the day we kicked the British Raj out. Some might say they've regressed even further. I sometimes wonder if Churchill was right when he said that we'd only mess things up if they gave us Independence.

    Yet, since 50 milliion Indians are enjoying relative economic well-being, we believe that India is shining.

    Will attacking Pakistan really make India safer? Really? I have yet to see a single instance when violence was not met with more violence. Look at the Middle East, Sri Lanka, Kashmir, Iraq, Colombia, Peru - the list goes on and on and on.

    The fix is internal. Our freedom fighters came up against what was then thought to be an unmovable object and somehow moved it. There must be a way to leverage the tools they used with today's technology to help us bring change and conduct our affairs with dignity and courage. Attacking Pakistan will only bring to India the problems that overran them. They are pitiful.

    Peace to all.





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  • rinku1112
    12-28 03:24 PM
    While I would love India to retaliate in some fashion on Paki soil to show them that there are going to be consequences for messing on Indian soil, I think this is not the time to strike overtly on Pakistan however.

    Why now is not the right time?

    Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.

    Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.

    Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.

    What will America do?

    US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.

    Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.

    So what should India do?

    Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.

    For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.

    I hope the internal politics inside India dont come in the way of the above goal.





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  • CreatedToday
    01-07 05:27 PM
    Looks like Muhammad fooled his followers or enticed them!

    Apart from Lesbians, the virgins could be Male, Underage girls, Old Ladies or even a eunuch! :D

    You lived in India and hate India, because of your ....
    ..... . Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.





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  • sanju
    05-16 11:26 PM
    Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.

    http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms


    Kamalnath will do us all and the 9 companies a great service by staying out of this debate. He has already contributed by making "ignorant" statements like 'H-1B is a outsource visa". This guy has no clue about the issue at hand and he simply talks in broad strokes. If he jumps into the debate, that could be the last straw to break the camel's back. We will all be better off without him.



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  • Rolling_Flood
    08-05 08:35 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    So an employer cheating him into applying in EB3 is an honest way?





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  • axp817
    03-26 05:15 PM
    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.

    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?



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  • krishnam70
    03-26 08:17 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris





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  • brb2
    04-07 07:12 PM
    If the Strive act passes then a large part of the H1B visa demand from US STEM will be out of the que, because these people will not need a H1B Visa. The proposed restrictions on H1B will put the body shoppers out of business where people are hired, put on the bench if there are no contracts, and if they do have a job, then the company will collect a hefty cut off the work of the H1B worker. If this part of the H1B numbers are out, then companies which genuinely hire hi-tech workers such as foreign qualified Engineers, Scientists, technicians etc. These people will then not have to compete for visa numbers with these Desi companies who might just bring in web developers to hire out on contracts at various sites accross the US. Currently, as things stand, a smart lawyer can get an H1B petition written up even to collect garbage or to pump gas at a gas station. No one can dispute that all this goes on. The restrictions should be in place only for new H1B employees not existing ones to minimize the effect on businesses and these employees too.



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  • gcbikari
    08-11 04:58 PM
    Where is lesson 2?


    Lesson 2:

    A priest offered a Nun a lift. She got in and crossed her legs, forcing her gown to reveal a leg. The priest nearly had an accident. After controlling the car, he stealthily slid his hand up her leg.
    The nun said, "Father, remember Psalm 129?"
    The priest removed his hand. But, changing gears, he let his hand slide up her leg again.
    The nun once again said, "Father, remember Psalm 129?"
    The priest apologized "Sorry sister but the flesh is weak."
    Arriving at the convent, the nun sighed heavily and went on her way.
    On his arrival at the church, the priest rushed to look up Psalm 129 It said, "Go forth and seek, further up, you will find glory."

    Moral of the story
    If you are not well informed in your job, you might miss a great opportunity.





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  • mheggade
    07-15 10:35 AM
    <SARCASTIC> Ignorance is Bliss. </SARCASTIC>

    I just hope sanity makes a come back and people will see that the new visa over flow interpretation is advantages to EB3-I.

    OLD over flow interpretation

    EB1 ROW ------->EB2 ROW---------->EB3 ROW.

    New over flow interpretation.

    EB1 ---------------->EB2------------------------>EB3
    (Any chargeability) (Any chargeability) (Any chargeability)

    Only condition is visa should be allotted to the oldest PD in the lateral distribution irrespective of the country chargeability. That's the reason EB2 I and EB C are having same cutoff dates and all EB3 is U. DOS took away the advantage of ROW and gave it to oldest PD in the category.

    With this new interpretation EB3 I dates can make rapid progress and I fail to understand why EB3-I is upset about this.



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  • gimme_GC2006
    03-25 06:28 PM
    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.

    The more and more I visit this thread, I am feeling I should have went with Attorney.

    So I will stay away until I further hear from AO :confused:

    Thanks to all of you who wished me





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  • ssa
    07-14 02:13 PM
    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...



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  • reddymjm
    08-05 10:42 AM
    I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
    I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.

    May be 1% of EB2. Good to know that.





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  • pitha
    04-08 10:04 PM
    Could not agree with you more on this. They have systematically targeted people of particular races. This is nothing but high tech lynching. If these people are against H1 just come out a say that. But these hypocrites don�t have the balls to say that so they are targeting a particular race.

    Imagine telling an Indian or Chinese doctor to treat only Indian and Chinese patients and not anybody else. That�s what this law is essentially doing to technology consultants. You can only work within the company but cannot do consulting. But if you are an American citizen you can do consulting, body shopping etc but you cannot do that with H1!!!!.

    I didn�t have much of an opinion regarding a path to citizenship to illegals, I could not understand why Kennedy was spoiling the whole CIR by stressing on path to citizenship for illegals. Now I understand exactly why Kennedy and some others stress about path to citizenship for illegals. They don�t want the illegals to go through these same gotchas that they are trying to put us h1's through. Kennedy knows that unless the illegals are given a path to citizenship they will be constantly exploited like we are.

    The people who are sponsoring this law are xenophobes masquerading as h1 reformers. Of all the groups who claim they are trying to reform h1 you can easily weed out the pretenders and the real ones. The only real one is IEEE-USA They know H1b is necessary but don�t agree with some exploitation going on with the system. So the IEEE-USA made some of these proposals
    1. Give green cards to US educated students directly instead of H1
    2. Delink H1 from employers which will make them more mobile and not subjected to exploitation by employers.

    Now IEEE-USA was truly interested in reforming H1 that why they made the above proposals. Now these xenophobes who proposed this draconian law did not include any of these proposals, why? Because there objective is not to reform H1 but to throw us out and kill h1 based on an excuse called reforming h1. If they were really interested in reforming h1 they would have included the above proposals in the bill.

    This bill will pass one way or the other. The only solution for us would be 485 without priority date. But do we have the will and more importantly the resources to pull that off. Other than the personal effort of the core team and 200 odd contributing members who do we have to count on. People atleast now contribute, even before we could take one step forward we have been pushed 2 steps backward. As logiclife has said its no longer just about green card our very own existence is being eliminated. Please contribute atleast now for your own good.



    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.



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  • diptam
    08-05 02:15 PM
    You are probably talking about a thin % of peoples - this is a lame argument for most of the Eb3 folks who can and want to port to Eb2 legally.

    Let me give you my case. I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    By the way I've seen the horrors of Labor Sub , I've suffered BEC cold storages for years,now I'm struggling with my Eb3 140 for 15 months at NSC and after all that if i port to EB2 and get my 485 quickly - what Problem you have or what's wrong in that ?

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

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

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

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





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  • pitha
    04-08 05:43 PM
    Bill Preskal (I am not sure about the spelling of his name) is going to introduce a semilar bill in the house within the next few weeks. Seems like there is a well oiled machine which is stream rolling this.



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  • smisachu
    12-30 10:01 PM
    Why should we waste our resources when Pakistanis are doing the damage by themselves??? The joke is Pak blaming some poor Indian for a bomb blast which was quickly owned up by a domestic terrorist organization!!
    Pakistan is a begging bowl which is trying to blackmail US by threatening to pull out troops from Afgan border..so US and UK are trying to pacify India telling them that they will put pressure on Pak to do something.
    And you know what a bigger joke is? your slum dog cum president who told Larry King that no one from "his part of the country" were involved in the attack!!! What is his part of the country? his toilet seat??? It has not been 1 year since he killed his wife he was jumping all over Sarah Palin like a horny dog!! Barking dogs seldom bite, so don't just thump your chest just yet. When the fox has to die it runs towards the lion. That is what Pakistan is doing by pretending to pose as if it will go to war with India. If India attacks Pak will fold it's tail between its legs and run to US, like Nawaz sherif did during the Kargil war. We have beaten you in 4 wars, how may more beatings will it take for it to sink into your thick skull that Pakistan can NEVER beat India. Period!!

    Pakistan will disintegrate with in the next few years if they don't seek India's support in whacking them Jehadi SOB's. Baluchitan, NWFP, Sindh are all going to be independent countries and the Pak president can easily rule " his part of the country"

    Buddyinsfo you might try to bring friction among Indians by pitting people from different states against each other, but remember when it comes to any outside force we are all Indians first and we will Kick your Ass...

    This is like an ant taking on an elephant, if half the men in Punjab, Guj and Rajastan stand on the border and Pee; Pakistan will be washed away in a flood of Urine...If you poor people want to get killed, there are better painless ways than enrage India. So it is in Paks best interest to request India to come in clean up the terrorist camps which are now turning against Pakistan itself!!


    Pranab Muks, the foreign minister needs to be applauded (?) for creating a drama of sorts by setting up the army against Pakis assuming that the Pakis will give in to the pressure and return the militants that India is looking for. On the other hand, the Prime Minister ManMohan Singh was consistently giving out statements that India is not in favour of war and never was (completely contradicting Pranab Muks' moves) and as per the latest news that emerged out of nowhere (???) there seemed to have been some kinda communication between the military officials of both the countries and they've come to some sort of understanding that war was not in the best interest of both the countries and only dialogue was as India was apprehensive as to what Pak's response to a military strike wud be...the drama continues and its a big joke. With China playing the mediator and India (silently and 100% dependent on US and UK put pressure on Pak but to no avail) had to succumb to the boomeranged efforts by playing the peace game now. One only needs to wait to see what happens next. But one thing is for sure...India will never strike Pakistan at a point when there is really no open support from anywhere. At some point (yesterday?) the honorable Prime Minister was looking for Iran to pressurise Pakistan (by calling Ahmadinejad) and this in itself speaks volumes !!! India is making a joke of itself...Had it been US, they'd have made a strike at Paki's terrorist sites in no time (as they did after 9/11). Its been over a month of Mumbai strikes and the way India is showing its weakness makes us wonder if they really have solid evidence against Pakistan. The latest news goes like...The Mumbai Govt has ordered probes into the attacks...Wonder what needs to be probed now(after one month) and that too after the entire nation has been made to believe that it was always Pakistan and claiming and shouting at the top of their lungs that they had SUFFICIENT evidence!!!!





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  • bfadlia
    01-07 11:26 AM
    I participated in the "mumbai attacked" thread, but always tried not to give any analysis of the history because I sure don't have the background not belonging to the region..
    yet I'm reading the darnest things here from people who apparently read 2 lines from wikipedia, copy and paste here then start talking like they know everything about the arab-israeli conflict and think they can analyze it..

    The phrase foxnews and similar media have everyone parroting here is "Israel is surrounded by hostile arab countries that waged wars against it several times. Israel is always in self defense" Let's see..

    1948: Israeli Irgun and Shtern gangs, the prototype of the israeli army were going village to village massacring palestinians to drive them out of their villages to annex them to newly created israel which they did.. arab nations who were mostly still under colonial influence sent their police-like forces to try to protect the palestinians, but of course they were no match for the mostly european WWII-veterans Israeli forces

    1956: In a dispute between Egypt, Britain and France over the control of Suez canal that in no way involves Israel, Israel attacked Egypt and took control of Sinai peninsula until Soviets and US urged it to leave.

    1967: Without a single bullet shot at Israel, it attacked Egypt, Syria, Jordan, Gaza and the west bank, occupying Egypt's Sinai, Syria's Golan heights, and annexing gaza, East Jerusalem and the west bank.

    1973: Only time Arabs started the offensive, Egypt and Syria attacked to get back their occupied lands. Egypt managed to get part of Sinai, and got the rest through peace treaty. Syria failed and the golan is still occupied till this day.

    1982: Israel invading Lebanon and occupying southern Lebanon till 2000.. Reason was meddling in a conflict between Palestinian refugees in Lebanon and Lebanese factions in which none of these parties attacked Israel.

    60 years have passed with the civilized world issuing UN resolutions for israel to end its occupation and to let the millions of displaced Palestinians return to their homes inside israel and Israel rejecting them. Then we have the courage to blame the Palestinians for not taking it easy, accepting the miserable conditions israel imposed on them and firing their 7000 fire crackers that killed 4 people.. the ungrateful bastards!!





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  • manub
    07-07 09:55 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.





    alterego
    07-14 04:32 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.



    That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
    Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
    It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
    This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
    This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.

    Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
    Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.





    unitednations
    07-17 12:37 PM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    A decent number of people were in this situation during those two years.

    uscis if they want can go all the way back to date of last entry prior to filing 485 to prove status (monthly paychecks, w2's, etc.). If cumulatively you did not maintain status for 180 days then it can be a problem. If you get this type of rfe then you have to go through great lengths to explain and get the out of status time to less then 180 days.



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