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  • krishna.ahd
    01-06 03:41 PM
    When (so called) indian leaders will learn from Isreali counterparts ??





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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





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  • anai
    12-24 11:14 AM
    .
    .
    .
    .
    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.





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  • unitednations
    07-08 04:47 PM
    thanks UN..

    we don't mean to bug you..!!

    but sometimes these r so scary..it feels we r better off being illegal in this country..

    all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...

    btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..

    pls post..


    Unlawful presence; overstaying i-94 card and not filing a timely extension before expiry of non immigrant status. Very serious issue; especially if someone overstays y more then six months.

    Out of status; legally here (unexpired I-94 card) but not complying with terms and conditions of the I-94 card.

    In both situations; everything is wiped out upon exit and re-entry. However; if someone has unlawful presence of more then six months then it is fatal if you leave as the 3 and 10 year bars apply to re-entry.



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  • xyzgc
    12-26 01:04 PM
    India is already at war with the terrorist state of Pakistan! Just that we never realize it and try to talk about peace all the time...you can see what Pakis have done to curb terrorism! Are the peace talks working? Did they ever work?

    Mark my words, there are going to many more attacks in the future, disrupting Indian business and economy...killing innocent civilians...is that anything short of a war?

    If India leaders don't take any concrete steps to put a lid on this, they are the greatest fools on this planet.





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  • anandrajesh
    01-28 12:16 PM
    Why should anybody listen to this guy? This guy doesnt really represent the facts.

    The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.



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  • fide_champ
    03-23 11:21 PM
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
    depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
    http://immigrationvoice.org/forum/showthread.php?t=17986

    I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.





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  • pbojja
    09-26 12:20 PM
    I beleive there will be no plans for legal immigrants by either candidates . If there will be any it will be for illegal immigratns because they are not paying taxes . I wish there was a rule not to pay any taxes till we the GC , that will change a lot doesnt it .

    I think if Obama wins most of us here will qualify for higher taxes , I feel we already pay more with out a permenant status in this country . Any way taxes may not be a factor for choosing a president and I have no problem if Obama wins.

    I dont understand why the immigrant opponets dont get the following .
    >> If I get my GC I buy home which means more money will stay in this country.
    >> If I get my GC , chances of me going back home and vacating american job odds are more .

    I think people always combine H1B with GC , or illegals with GC ..which makes it difficult for average american to understand our issues .



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  • jonty_11
    07-13 05:51 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
    Agreed.....the categories were made for a reasson.....and the same logic is being followed by the DOS to spillover unused VISAS. While I understand the frustration of EB3 folks, I would encourage those same folks to folllow IVs initiatives like - call campaigns for House bills...etc. As I have said before IV is working for one and all...w/o caring for their categories. It was not IV that created this spillover policy...however IV is the one that will fight for you irrespective of whether you are EB1, 2 or 3. The key is to post a united front and some level of participation from every member...I was sad to see Pappu publish low numbers for contributions and phone calls....and only wish we would come together as a group rather than breaking apart.
    While I fear this will create an offshoot EB3 group within IV, I hope that goos senses will prevail.

    FYI - EB2 is still retrogressed over 2 years.....it is not that it is current





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  • heywhat
    08-02 01:09 PM
    So are you not working for company which is processing your GC application?

    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?



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  • ampudhukode
    08-08 09:06 PM
    Dear Staff,

    Due to the current financial situation Management has
    decided to implement a scheme to put workers of 40
    years of age on early retirement. This scheme will be
    known as RAPE (Retire Aged People Early).

    Persons selected to be RAPED can apply to management
    to be eligible for the SHAFT scheme (Special Help
    After Forced Termination) . Persons who have been
    RAPED and SHAFTED will be reviewed under the SCREW
    scheme (Scheme Covering Retired Early Workers).
    Person may be RAPED once, SHAFTED twice and SCREWED as
    many times as Management deems appropriate.

    Persons who have been RAPED can only get AIDS
    (Additional Income for Dependants or Spouse) or HERPES
    (Half Earnings for Retired Personnel Early
    Severance).

    Obviously persons who have AIDS or HERPES will not be
    SHAFTED or SCREWED any further by management. Persons
    staying on will receive as much SHIT (Special High
    Intensity Training) as possible. Management has
    always prided itself on the amount of SHIT it gives
    employees. Should you feel that you do not receive
    enough SHIT, please bring to the attention of your
    Supervisor. They have been trained to give you all
    the SHIT you can handle.

    Sincerely,
    The Management





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  • sledge_hammer
    06-26 08:41 PM
    Home size may be smaller, but the land (plot) also got smaller...

    Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.

    Statistics is a bitch :-D

    Edit: Errrr - the median prices actually quadrupled - and not merely doubled, while the home sizes increased by about 2.3 - 2.4 times. This means roughly 1.6 times actual appreciation - i.e. less than 1% of compounded interest (1% over 60 years = 1.82 times). Compare that to the safest vehicle out there - TIPS and tell me who would have been better off - the guy who bought his home in 1940 or the one who bought TIPS (assuming his net cash flow was zero - i.e. he earned the same as he spent for the house).



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  • 485Mbe4001
    09-26 03:50 PM
    For arguments sake :)
    if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
    as you say 'lets take it EZ'

    Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

    If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

    Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

    Now tell me if you want to support Barack Obama OR John McCain - take it EZ





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  • yabadaba
    08-11 09:03 AM
    Pappu, if u put in cable news network and state = Georgia...it will pull up 15 records of h1b applications made by CNN in 2005. maybe someone needs to tell dobbs that. 9 H1 B for fox



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  • truthinspector
    01-02 12:58 PM
    It's about time we accept that we are not a Nation, but a mere labor pool with some 535 odd "Mukadams" at national level and hundreds of "Thekedaars" at state level.


    Here is a recommended motto for our currency(in replacement of "Satyamev Jayate")

    One Side : "Chalta Hain"

    Other Side : "Khao Khujao , Batti Buzao"

    Let's move on ( yes, that's the only option with any breed of politicians that may come to power in India).





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  • s_r_e_e
    08-11 05:54 PM
    DJ: Come on Sarah... where did you have it?



    :D:D:D:D:D:D joke of the year..



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  • sanju
    01-06 04:13 PM
    Slow down chief, not so fast.

    There are two ways to give coverage to an issue. One could be decided based on how many people are affected, second could be based on how may people care for that issue.

    If you go by how may people were affected, I'll say Palestine has a population of how much, say less than 5 million, but it has the world attention for over 50% of the entire world affairs coverage. For world affairs coverage its Palestine v/s rest of the world, but it seems according to you thats not enough. Why should Palestine or for that matter Israel be so important that it should get so much coverage or attention. All the religions AND HENCE THE VIOLENCE were created there. That's why its best to ignore that place so that twisted minds will not get motivation to fight anymore. But my point is, Isreal Palestine issue already gets more than adequate coverage, more so than rawanda, somalia, sudan, terror attacks in India etc. So based on this I don't think its NECESSARY to give Isreal Palestine any more attention.

    But if you apply the second measure, which is how many people care about the issue, well in that case a lot more people here care about the attacks in India and a war between India and Pakistan. For that matter a lot more people on this forum are affected by attacks in Mumbai. If you go to some Palestine forum, maybe you can get more people wanting to discuss their views about Isreal there. But by law of inclination, since there more people on this site from India, you will see more people wanting to discuss about how they and their loved once are affected. If you want to discuss about paleastine, well, go right ahead, no one will respond to you because people are not interested. I am only responding to your rants and not your issue.

    Loss of human life, WHICH IS OFTEN DUE TO SOME TWISTED RELIGION, is always very saddening. This is the core belief of every peace loving society and is not coming out in response to yuor rants. Infact, rants such as yours simple make a few people to tone down their expression of sorrow for the loss of human life.

    There needs to be correction in your post. When Pakistanis terrorist attacked mumbai, world community blamed Pakistan and not the entire muslim community. The problem is, the way muslim community responds to such world events, due to the sense of the guilt of their twisted belief system, they think that the world community is blaming every muslim, but that is actually not how the world community responded. Also, because of the urge to defend terror attacks by a terrorist, muslim community tends to justify terrorism and terrosit attacks. We saw many "educated" (HIGHLY SKILLED) members, who were apparently muslims, on this forum justifying terrorist attacks conducted by Pakistani terrorist who happen to be "muslims". Because, the overriding factor for a lot people following islamic faith is the religion of the person performing the bad deeds. And if that person happen to be a muslim, most of you guys tend to justify bad deeds including terrorist acts. This behavior results in world community responding to you in plain and simple terms that terrorist sympathizer is encouraging more terrorism and hence you perceive that expression as if the others are branding your entire community as terrorist, but again, this is not true either. Its the direct result of your sense of guilt and your urge to be terrorist sympathizer.

    I don't follow any religion. For me nation of my nationality (which could change in future) is above all forms of religions. When I will take US citizenship, my loyalties will be with the nation where my children are born and with the nation where I will become a citizen by CHOICE. Religion has nothing to do my relationship, my responsibilities and my rights in the country I BELONG. I am not saying that this is the right kind of behavior, but the pattern of behavior which is excepted as reasonable by most rationale minds. However, for you, you have to pick up a side in any issue based on the religion of the terrorist or the victims of any situation. You have no regard for the country of your birth or citizenship. Maybe not for you, but I see that as a problem.

    I am a peace loving person and denounce every form of violence SPECIALLY THE ONE CAUSED DUE TO RELIGION. But that is not because of your rants, that's just the way I think normal humans behave. Although I must add that its not my issue as much as Mumbai attacks because Palestine is not in my backyard and I don't have the bandwidth to pay attention to Palestine even if I wanted.

    Hope that's good enought for the day.





    I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.

    Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?

    How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.

    Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?





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  • nogc_noproblem
    08-05 12:51 PM
    A blonde was mowing her lawn when she accidentally cut off the tail of her cat...

    which was hiding in the grass. She rushed her, along with the tail to the local Walmart.

    Why Walmart???

    Walmart is the largest retailer in the world!





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  • Macaca
    03-06 09:04 PM
    The Top 200 H-1B Employers Of 2006 (http://www.networkworld.com/community/?q=node/15273) By Brad Reese | Network World, 05/17/2007
    Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007

    Top 19 Employers of New H-1Bs Petitions Approved in FY 2006

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    MICROSOFT CORP. 1,297
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    I-FLEX SOLUTIONS INC. 695
    HCL AMERICA INC. 652
    LARSEN & TOUBRO INFOTECH LTD. 624
    TECH MAHINDRA AMERICAS INC. 614
    INTEL CORP. 613
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    POLARIS SOFTWARE LAB INDIA LTD. 497
    MPHASIS CORP. 445
    SYNTEL CONSULTING INC. 415
    ERNST & YOUNG LLP 396
    LANCESOFT INC. 394

    Other 88,070 (80.3 percent)
    TOTAL 109,614 (0.07 % of U.S. labor force)
    Source: USCIS
    Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
    The number of approved petitions for new workers is not identical with the number of workers on the job because

    workers are occasionally sponsored by more than one employer,
    the job offer may subsequently be withdrawn,
    the job offer may be declined, or
    the worker if residing outside the country, may be denied a visa.

    The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
    Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
    The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
    The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
    The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.

    Pages 11-12

    Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    HCL AMERICA INC. 652
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    MPHASIS CORP. 445

    Total 14,768
    The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
    The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.

    It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
    The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
    Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.

    Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
    Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
    Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007





    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.





    redcard
    03-24 03:01 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.



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