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  • Macaca
    05-01 06:05 PM
    A New Immigration Consensus
    A bipartisan coalition of business leaders and mayors have joined together to make the case that visa reform is an economic imperative. (http://online.wsj.com/article/SB10001424052748703387904576279293334248326.html)
    By MICHAEL R. BLOOMBERG | Wall Street Journal

    Last month, President Obama convened a diverse group of business executives, mayors, law enforcement leaders, ministers and advocates at the White House to discuss a problem that threatens America's economic future�our broken immigration system.

    We've tried before to fix it. President George W. Bush made comprehensive immigration reform a major legislative priority during his second term. Congressional leaders from both parties, including Sens. Ted Kennedy and John McCain, worked tirelessly to pass legislation. But the bill could not garner the required votes. Nor could a much narrower bill, the Dream Act, which would have granted legal status to the children of immigrants who enroll in college or the military.

    These defeats have led to a conventional wisdom in Washington that bipartisan immigration reform is impossible. But a new consensus on immigration reform has emerged in the business community that could break the logjam and provide a much-needed jolt to our economy. The idea is simple: Reform the way we attract and keep talented and hard-working people from abroad to better promote economic growth.

    In the global economy, the countries that attract the world's best, brightest and hardest-working will grow and succeed. Those that refuse them entry will not. America has long understood this. We would not have become a global superpower without opening our doors to immigrants�and we cannot long remain one without continuing that practice. Smart, self-motivated immigrants spur the innovations and create the jobs our economy needs to thrive. Between 1995 and 2005, for example, 25% of high-tech startups in the U.S. had at least one immigrant as a key founder. Those companies alone have created 450,000 jobs�with the vast majority of them going to Americans.

    Our global competitors understand how crucial immigrants are to economic growth. They roll out the red carpet for entrepreneurs; we have no entrepreneur visa. They heavily recruit our advanced-degree students; we educate them and send them home. They woo the engineers, scientists and other skilled professionals who invent new products, launch product lines, and develop the technology of tomorrow; we erect arbitrary, senseless and bureaucratic barriers to recruitment. And we do all this even as our unemployment rate hovers around 9%.

    Although each party claims to have the solution to our country's economic woes, neither has embraced a job-creation strategy based on immigration reform, which would not add a penny to the national debt. To spur them into action, a bipartisan coalition of business leaders and mayors has joined together to make the case that visa reform is an economic imperative. In nine months the Partnership for a New American Economy has grown to more than 200 members, including companies that together employ more than 3.5 million people.

    We believe in the need to secure our borders, make it possible to hold businesses accountable for verifying the status of workers, address the reality that 11 million people are here illegally and cannot be deported en masse�and increase lawful opportunities for those who want to come to this country and contribute to our prosperity. Nevertheless, our nation cannot afford to wait for Washington to get its act together and pass comprehensive immigration reform. There is too much at stake. Our economy demands that we take immediate action on the most urgent�and politically attainable�reform: making it easier for job creators to come and stay here.

    Creating a visa for entrepreneurs who already have funding to start their businesses will lead directly and immediately to American jobs. Visa reforms to improve temporary and permanent pathways for companies to fill the current shortages of engineers, scientists and other specialists�whose annual visa caps are often exhausted within days of becoming available�will spur growth at existing U.S. companies.

    Providing visas to the brightest foreign graduates of our universities will allow our economy to reap the rewards of their work. At the same time, allowing immigrants who succeed in college, or serve in our military, the chance to pursue a career and build their lives here legally will strengthen the long-term health of the American economy.

    Finally, developing a reliable way for employers to hire guest workers�who grow the nation's food, support our $1.3 trillion tourism industry, and fill seasonal gaps across industries�will help support U.S. businesses and create additional, better-paying American jobs.

    Those who focus on where the parties differ on immigration, rather than where they both agree, have paralyzed the debate in Washington for far too long. Despite this deadlock, there is an opportunity for both parties to seize upon the economics of immigration reform and focus on what all Americans agree we need: more jobs. Leaders of both parties talk about creating jobs, but they are ignoring the voices of business leaders who can actually create them�if only Congress would give them the tools.

    Mr. Bloomberg, an independent, is mayor of New York City

    In Arizona, Sheriff Joe Arpaio shrugs off a rough April (http://www.latimes.com/news/nationworld/nation/la-na-arpaio-trouble-20110501,0,3084923.story) By Nicholas Riccardi | Los Angeles Times
    Obama renews call for immigration action in Miami speech (http://www.washingtonpost.com/politics/obama-renews-call-for-immigration-action-in-miami-speech/2011/04/29/AFbdHUHF_story.html) By Perry Bacon Jr. | The Washington Post





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  • sc3
    08-05 06:41 PM
    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.

    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.





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  • sw33t
    12-28 05:12 AM
    Do you realize the extent of loss after Mumbai attacks?
    The initial rough-and-ready calculations estimate that the business loss on those two days is close to $10 billion and the foreign exchange hit is approximately $20 billion.
    A bomb scare in any software park in India (just a scare - no loss of life and property) will generate enough fear factor to shut it down for several weeks! How much loss do you think it entails?


    So your justification on spending billions more on what was lost is the right thing???


    And what about the loss of civilian lives? The lives of soldiers dying in shelling across India-Pak borders? The loss of morale of Mumbaities!! The feeling of insecurity when you hop on to the daily commuter train? Who will account for all of that?

    http://economictimes.indiatimes.com/News/PoliticsNation/Mumbai_attacks_may_have_cost_Rs_50k_crore/articleshow/3777430.cms


    Going to war to retaliate might give the impression of satisfaction, but the insecurity caused by trauma is still going to live on forever.


    Of course, wars are costly! It doesn't mean you should not go on war, it doesn't mean you should zero out your defence budgets, or does it?


    Agreed!


    Do you drive your car without an insurance?


    Exactly. The state, the county, the city and the insurance company make money off of your will to comply! Thousands more will die off of your desire to go to war whereas the arms dealers make money.





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  • ItIsNotFunny
    12-23 12:03 PM
    Please quantify your response. There are numerous hindu groups that have worked for the upliftment of many. There are certain right wing hindu groups that do that just like there are many right wing muslims groups that target the other communities. As for Jinnah, I wonder if there would pakistan if he was offered the PM or the home minister. It is a rheotrical question and I doubt there is a clear answer.

    Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down

    I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.

    Appreciate your modest views.



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  • srinivas06
    08-05 02:23 PM
    I am really surprised to see a post like this and people taking about this.
    Several years back I have applied in EB3 category as my previous employer that is stupid Satyam computers manager did not give experience letter with the Skill Set due to some personal reasons. My company needs the experience letters with the Skill Set and all the Skill set should be mostly same as per our company lawyer. Now I have 11 years of experience with Bachelors in Engineering and I make decent money than most of the EB-2 guys. Do you want me to stay with EB-3 and you want to restrict me not to apply or port to EB-2? What kind of thinking is this?

    People wake up! Please discuss about what we can do collectively to solve the problem. Not wasting time on all these nonsense.





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  • m306m
    08-07 03:56 PM
    Political Science for Dummies



    CALIFORNIA CORPORATION
    You have millions of cows.
    They make real California cheese.
    Only five speak English.
    Most are illegal.
    Arnold likes the ones with the big udders.

    This is too good. I have been laughing so hard I have tears in my eyes... :D:D:D

    Keep them coming.



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  • SunnySurya
    08-05 02:00 PM
    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:


    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.





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  • redcard
    12-19 12:22 AM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
    When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.

    Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.

    Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.

    Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.

    The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..



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  • Macaca
    02-22 11:39 AM
    Lou Dobbs makes 6+ Mils and gives his opinions on the best news network at close to prime time. We are rotting in retrogression. Most of us are tiger on IV forums but can not even wimper on non-IV forums.

    The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.

    Please post fact based opinions at non-IV forums.





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  • Refugee_New
    01-07 10:50 AM
    Refugee_New,

    Is this true? Are you just visiting forum just for this and not for your immigration at all? If so, its really bad.

    After getting my GC, i visited this forum many times, helped a couple of forum members on how to contact congressman, sent them the draft letter etc on how to approach Ombudsman, congressman etc. I took help from this forum and i will try to return my favor to this forum.

    I highly regarded this forum, its core team and its members until "Mumbai attacked" thread was open. I knew that it will be a nasty thread and it will foment hatred towards one particular religion and its followers. And it did cause a lot of damage to members of one particular group including myself.

    Core team didn't stop this. They didn't even reminded the rules and regulations of this forum. That led to IV turning into HIV. This is not the right forum to discuss about politics especially war/terrorism etc. I don't know if IV will make it as a policy.

    I created this thread just to remind people that there are so many ruthless people/group/organization around the world that kill innocents mercilessly. I didn't create this thread to rally support for any particular group or speak against any particular faith or any particular country.

    I could have started this thread when the killing began two weeks back but i didn't. I started this when innocent school kids were massacred using missles and later it was justified. There are still so many heartless/mindless members sitting and supporting/justifying this brutal killing.

    Anyway, i'll sign off and i won't post any more message in this thread again.



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  • Macaca
    12-30 05:50 PM
    India-China relations today have to evolve in a substantially altered environment. In the current era comprehensive national power is a factor of economic growth and potential. In this China is way ahead of the rest and forging ahead rapidly. The excuse that India�s economic growth story started 13 years later and hence only two decades old and hence catch up with China soon, does not carry conviction. China has in these last three decades gone way ahead of India and the rest of the world. Today, China is four and a half times richer than India and the difference shows. Whether in domestic infrastructure, or international reach and goodwill, or in its ability to project power far from its borders, this lead is impressive. Yet, such asymmetries can be overcome through alliances and partnerships. Possibility of conflict can be reduced through developing interconnectivity and trade and commercial interdependence. In both areas substantive progress has been achieved by New Delhi.

    The real truth is that India has to get its act together, not merely in catching up in GDP growth, but in translating this in to core national power that can impact on the region and the world. Present strategy then has now to be based on consolidating our immediate neighbourhood and developing selective major power relationships that will translate in time to global influence and political strength. This is the real meaning of �balance� in strategic relationships and has to be pursued with great patience and foresight, but with single minded zeal.

    There are serious obstacles along the way. Our strategic culture of not looking beyond the immediate future precludes effective long term planning. Delhi has always defined its strategic interests in vague principles and ideological terms and not through practical achievable time bound objectives. This needs to change.

    Beyond our neighbourhood we have to develop closer ties with major powers such as the US, Australia, Japan and Korea, key democracies with shared values. This will call for a clear break with our past practice of non-alignment and solidarity among the weak. India, as a strong power in its own right, has the responsibility to assume today the leadership of the medium powers and an alignment with the strong.

    Yet, our bilateral relationship with China has to be firmly grounded in a cooperative, constructive and comprehensive relationship. That is again critically important to develop balance, particularly with China, long imbued with the sense of Middle Kingdom. Even as China begins to adjust to a reality of equal and sovereign powers, New Delhi has to exploit openings that may emerge. China�s incursion in to India�s strategic space, should be met not by lamenting over this fact, but through calm and carefully constructed counter measures in China�s periphery.

    CONCLUSIONS

    Many options may not indeed be feasible at the present time. For example nothing can reduce the utter dependency of Pakistan as a client state of Beijing, to which it has surrendered its sovereignty. But, this does not apply to its other neighbours, such as Myanmar, Nepal or Bangladesh or other Southeast Asian countries.

    This brings us back to the larger issue of bilateral relations between India and China. Lack of knowledge of the �other� breeds mistrust and leads to fear. We need first to bridge the enormous divide and gap in mutual perceptions. This can be brought about mainly by a very much enhanced people to people contact, knowledge of each other�s cultures and history. Not just tourists and visitors, but scholars and young people must enormously increase their contacts in sports, cultural activities and through education in each other�s countries. India needs to match the capabilities of Beijing�s Confucius Centres. There is an enormous amount to learn from each other and without giving up our basic advantages of a more intimate knowledge of the global language, we can continue to enhance our knowledge of each other

    Next is in the areas of trade and commerce. As China�s living standards rise the pay and perquisites of its workers will have to rise in commensurate manner to ensure social stability and its competitive manufacturing advantage will diminish. Instead of Bangladesh, Vietnam and the Philippines benefiting from this development, India is better poised to exploit this advantage. Some simple but fundamental changes to labour laws and ways of doing business in India will have to change and could make all the difference.

    The final factor in achieving a balance is in the area of military capability and deterrence. It is not the most critical issue today to develop a dominance in military capability. For, force today is of diminishing value, except where it serves the purpose of deterring the intention of another to cause you harm. Therefore, an asymmetric but effective deterrence utilizing select capabilities can achieve greater dividends. Such a deterrence potential has to be developed not only in a strategic sense, but also in tactical capabilities. This will have to be in areas of advanced scientific areas; such as in space, under sea warfare capabilities, maritime surface attack, cyber defence and rapidly deployed special forces.

    Indeed, India and China has lived close to each other throughout history, as different civilizations, with distinct identities and simultaneously as leading global powers. Yet, it has no history of either permanent animosity or of conflict. That is a lesson from history that we need to replicate. It may be argued that in the intensely globalizing world and diminishing distance there is today a fundamental difference. Yet, our civilizational experience has also taught us to settle our differences through carefully balancing each other�s concerns and interests and through that process ensuring a peaceful strategic environment in Asia and the world.





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  • sanju
    05-17 10:15 AM
    I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.


    I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.

    Why do I know that you do not work for a consulting company?

    Conventional wisdom says, if someone is not doing what I am doing OR if someone doesn't think the way I think OR if someone doesn't look the way I look then there is something wrong with the other person. So just because you have a full time job, every consultant in the world has done a huge crime by being a CONSULTANT. If it was for you, you would propose a bill that all H-1B folks who were ever being CONSULTANTS should be hanged until death. Maybe we could pass a law to make CONSULTANT synonymous to 'SERIAL KILLER'. How does that sound???



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  • gcbikari
    08-11 02:53 PM
    Keep more lessons coming...don't worry about the #2 that you forgot
    Thought #2 was a dirty lesson and intentionally removed.





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  • gimme_GC2006
    03-27 03:47 PM
    AO? Adjudicating officer?

    Good luck, keep us posted.

    Yes..

    Thank you :D



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  • pitha
    04-09 12:42 PM
    Absolutely correct. When a company hires someone they are not just thinking about QA, junior programer etc they are thinking about the growth potential of that individual. You dont even need a seconday school certificate to do a QA job, but if the company is any good they will try to access your skills beyond the immediate required position and see how you might grow and be an asset to the company.

    I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.

    I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).

    In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.





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  • easygoer
    01-06 03:36 PM
    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?


    Refugee Now

    I can understand your pain and agree with you that killing of innocent should stop immediately.

    However, you are in a situation where most of intellectual muslims today find themselve. When your rulers are hurting other nations they will take their retalliation on whole country irrespective of whom they are killing. Unfortunately all terrorist use civilians to hide their lack of guts and courage and never confront their enemies with open war where only they alone fights them.

    People have to bear the burden of their decision of electing terrorists as their leader and when such leaders do not act against terrorist country suffer. Ultimately this will happen everywhere in the world. We may have to witness more often in future this type of situation where victim country will attach muslim country from where terrorist attaks. More innocent people will die. Unless intellectuals muslims like you gather and see that such terrorist activities are not carried out from soil of your country.

    These terrorists want to take this world back to 16th Century. That will not happen and this conflict will continue.

    My above view does not mean that there are no injustice done to muslims. I agree that there are injustice happened. But if you study history injustice happened to hindus(India) also. That time was for 'mighty the ruler time'. But most of other community forgot the past and worked towards bright future.

    But the route muslim terrorist have selected is diverting whole world's attention from real issue to such barbaric terrorism and real issues remian unsolved. In today's world you can not solve any problem in such a manner. On the contrary, this approach have isolated whole muslim community and many of them are innocent, intellectuals and hard working. This is the time for all intellectul muslims to gather and decide their future.



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  • texcan
    08-05 02:25 PM
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
    How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.

    Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.

    Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.


    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.


    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.





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  • Sunx_2004
    07-10 02:53 PM
    Just follow the law. There are lots of protections in it for us.

    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.





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  • lfwf
    08-06 02:50 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)



    I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

    1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

    2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

    And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

    3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

    I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.





    Macaca
    05-16 05:51 PM
    Future Tense
    Are the United States and China on a collision course? (http://www.tnr.com/article/world/magazine/87879/united-states-china-diplomacy-taiwan)
    By Aaron Friedberg | The New Republic

    In October 2008, a month after the collapse of Lehman Brothers�with the United States�s financial system seemingly about to buckle and Washington in desperate need of cash to prevent a total economic collapse�a State Department official contacted his Chinese counterpart about China buying U.S. securities. To his surprise, the Chinese, who had previously displayed an insatiable appetite for U.S. Treasury bills, suddenly balked at lending a hand. The reason, the Chinese official said, was the recent announcement of an impending sale of U.S. armaments to Taiwan.

    This not-so-subtle threat, detailed in a memo released by Wikileaks, turned out to be a bluff, but it signaled a striking shift in the tone and content of Chinese foreign policy. Over the course of the past two years, Beijing has adopted a more assertive posture in its dealings with Washington, as well as with many of America�s allies in Asia. Among other things, China has threatened for the first time to impose sanctions on U.S. companies involved in arms sales to Taiwan; intensified its claims to virtually all of the resource-rich South China Sea; and conducted its largest-ever naval exercises in the Western Pacific.

    America�s �China hands� have long attributed any tensions between the two countries to misunderstandings or readily correctable policy errors. But with the passage of time it has become increasingly apparent that the differences between China and the United States spring from deeply rooted sources and aren�t likely to be resolved anytime soon. Indeed, as recent events suggest, it appears that the two nations are in for a long, tense, perhaps even dangerous struggle. And, most disconcerting of all, it�s a struggle in which, at least for the moment, China seems to be gaining the upper hand.


    If you look back over the last 2,500 years�from the days of Athens and Sparta through the cold war�there has inevitably been mistrust, rivalry, and often open conflict between leading global powers and rising states that seek to displace them. In these scenarios, the leading power has wanted to preserve its privileges, while fearing that emerging challengers would seek to overturn the international order that it dominates. Rising powers, for their part, chafe at hierarchies of influence that were put in place when they were relatively weak.

    Much of the tension in today�s U.S.-China relationship is a reflection of this familiar dynamic. But this tension is exacerbated by an additional factor that has only sometimes been present in great power rivalries of the past: deep ideological differences. One often hears it said that, because China is no longer truly a communist country, ideology has ceased to be a factor in its relations with the United States. This misses the point. Today�s Chinese leaders may no longer be anti-capitalist Marxists but they govern as Leninists and, as such, are determined to preserve the Communist Party�s exclusive monopoly on political power. China�s rulers see the United States as intent on spreading its brand of democracy to every corner of the earth. For their part, the American people continue to eye with suspicion a regime they see as repressive and autocratic. Ideology may not be sufficient, in itself, to provoke conflict between the United States and China, but it aggravates and amplifies the geopolitical tensions between the two.

    This backdrop of great power rivalry and sharp ideological disagreement helps to explain U.S. policies toward China and Chinese policies toward the United States. In contrast to the cold war strategy of containment, America�s strategy for dealing with China has never been codified in official documents or given a name. But over the past two decades, roughly the same strategy has been employed by both Republicans (Bush 41 and Bush 43) and Democrats (Clinton and now Obama). Broadly speaking, the aim has been to discourage Beijing from seeking to challenge America�s interests and those of our allies in Asia, while at the same time nudging China toward democracy. To accomplish these ends, American policymakers have employed a dual approach. On the one hand, they have sought extensive economic and diplomatic engagement with China. The hope has been that these interactions will �tame� China by giving it a stake in the existing international order�and, over the long run, encourage the growth of a middle class and the spread of liberal values, thereby pushing the country gently and indirectly down the path toward democracy. At the same time, Washington has worked to preserve a balance of power in East Asia that is favorable to its interests and those of its allies. This began in earnest following the Taiwan Straits crisis of 1995-1996, when Beijing test-fired missiles in an attempt to influence the outcome of Taiwanese elections, and the Clinton administration dispatched two aircraft carriers in response. Since then, the United States has taken steps to strengthen its military capabilities in the region, while solidifying bonds with partners old (South Korea, Japan, Australia) and new (India).

    China�s strategy for dealing with the United States developed somewhat more deliberately. In the wake of Tiananmen Square and the collapse of the Soviet Union, China�s leaders recognized that the previous rationale for cooperation with the United States no longer applied. They feared that, having toppled one communist giant, the Americans would turn their attention to the other. Surveying the scene in 1991, Deng Xiaoping circulated a brief memo to his top party colleagues. The essential message of the so-called �24 Character Strategy� was that China had little choice but to �hide its capabilities and bide its time.� That meant avoiding confrontation with other states, especially the United States, while working to build up all aspects of its power�economic, military, technological, and political.

    Recently, Chinese foreign policy has taken on a more assertive tone; but its overall aims have not changed much in two decades. Above all, the current regime wants to preserve indefinitely the Chinese Communist Party�s grip on political power; it seeks, in effect, to make the world safe for continued CCP rule. In part for this reason, China�s leaders want to restore their country to its place as the preponderant regional power. This requires reducing the influence of the United States in East Asia, constricting its presence, and perhaps eventually extruding it from the region. Chinese officials allude to this objective with varying degrees of subtlety. When I worked in the Bush administration from 2003 to 2005, I had several conversations with Chinese diplomats in which they said, almost in passing, that, while the United States might be a Pacific power, it was, of course, not an Asian power. Rather more bluntly, in 2007, a Chinese admiral reportedly told his American counterpart that their two countries should divide the Pacific between them, with China taking everything west of Hawaii.





    Green06
    09-26 10:31 AM
    We are living in this country for 8 years on H1b with a hope that one day we will be permanent residents of this country. I love to see Senator Obama as the next president of US but I am afraid that that would be the end of my GC path. I have Canadian Immigration as a backup and if we don't get anything here by next year then we will move to Canada. We are already getting good offers from Alberta Canada and seriously thinking about moving there.



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