chanduv23
05-17 06:31 AM
For folks who think banning any sort of consulting on hn1b will solve the purpose and has a good cause, this is what is going to happen.
You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.
Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.
You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.
Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.
wallpaper Island of the Blue Dolphins
bfadlia
01-09 05:18 PM
American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.
Quit hiding among women and children and fight like man on battlefield.
when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that
Quit hiding among women and children and fight like man on battlefield.
when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that
NKR
04-14 04:40 PM
If you had said your child needs personal space, then it would be different. In this case you are talking about older kids. Most of us have kids younger than 5 years old.
Probably my wording was wrong, but I am glad you got my point.
It is not only the kids, if your parents wants to live with you for 6 months, you know what you are getting at. Anyways, since we have diverted the topic of the thread, I do not want to deviate any further. I am resting my case.
Probably my wording was wrong, but I am glad you got my point.
It is not only the kids, if your parents wants to live with you for 6 months, you know what you are getting at. Anyways, since we have diverted the topic of the thread, I do not want to deviate any further. I am resting my case.
2011 The Island of the Blue
nogc_noproblem
08-06 12:48 PM
How to tell the sex of a fly
I stopped at a friends house the other day and found him stalking around the kitchen with a flyswatter.
When I asked if he had gotten any flies he answered, "Yeah, 5 .... 3 males and 2 females."
Curious, I inquired as to how he could tell the difference.
He answered, "It's easy, 3 were on a beer can and 2 were on the phone.
I stopped at a friends house the other day and found him stalking around the kitchen with a flyswatter.
When I asked if he had gotten any flies he answered, "Yeah, 5 .... 3 males and 2 females."
Curious, I inquired as to how he could tell the difference.
He answered, "It's easy, 3 were on a beer can and 2 were on the phone.
more...
pappu
07-15 06:55 AM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
mrajatish
04-08 11:39 PM
I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.
1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?
2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?
These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:
1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.
2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).
And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.
1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?
2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?
These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:
1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.
2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).
And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.
more...
ncrtpMay2004
08-05 10:57 AM
I am reminded of the crab joke.
Wish it was joke.
:o
Wish it was joke.
:o
2010 of the lue dolphins book,
dohko
04-09 01:46 PM
You're right excellent idea. 50% won't really affect Microsoft, Oracle, IBM
because they actually hire Americans.
Chill out pal, don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.
I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
because they actually hire Americans.
Chill out pal, don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.
I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
more...
file485
07-09 07:01 AM
Hi Manu..
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
hair of the lue dolphins book,
pd_recapturing
08-05 07:48 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
more...
file485
07-07 10:05 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.
you mean to say,while filling in the form for his AOS..I think somewhere it asks that 'have you filed for AOS earlier etc(not sure the correct wordings..)'..so he had to choose a 'yes'..is that so..? if it was yes,possibly that was the reason for scrutiny..
when his case was so shaky, he should not have filed for AOS..but what has happened has happened though..
jeez..this is so stressful and can totally empathize with you
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.
you mean to say,while filling in the form for his AOS..I think somewhere it asks that 'have you filed for AOS earlier etc(not sure the correct wordings..)'..so he had to choose a 'yes'..is that so..? if it was yes,possibly that was the reason for scrutiny..
when his case was so shaky, he should not have filed for AOS..but what has happened has happened though..
jeez..this is so stressful and can totally empathize with you
hot of the lue dolphins book,
gopinathan
08-12 02:03 PM
:D:D
can't stop laughing.. thanks rsdang..
(long pause)
DJ: Folks, we need to take a station break
can't stop laughing.. thanks rsdang..
(long pause)
DJ: Folks, we need to take a station break
more...
house lue dolphins ramo,
jonty_11
07-09 01:49 PM
Just follow the law. There are lots of protections in it for us.
Related question - if your I94 is expiring say 8/11/2007 and ur H1 is still valid until 11/11/2009; do you have to renew the I94..while in the US (given that you are not travelling outside US)
The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.
Related question - if your I94 is expiring say 8/11/2007 and ur H1 is still valid until 11/11/2009; do you have to renew the I94..while in the US (given that you are not travelling outside US)
The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.
tattoo the lue dolphins cover,
Marphad
01-08 03:35 PM
Refugee_new is a moron. He send me 5 profane message. He started the tread and he abusing the people responded in his tread. What he achived??
He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.
I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
funny world!!!!!!!!!!!!!!!
I respect all your posts. This time you seem like getting hyper ;)
He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.
I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
funny world!!!!!!!!!!!!!!!
I respect all your posts. This time you seem like getting hyper ;)
more...
pictures Island of the Blue Dolphins by
satishku_2000
05-16 06:30 PM
It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.
And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.
It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.
What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?
I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.
And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.
It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.
What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?
I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.
dresses the Blue Dolphins.
NKR
04-14 04:21 PM
Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will also regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.
Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.
Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.
more...
makeup of the lue dolphins,
Ramba
09-30 02:08 PM
I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.
I am here legally in this country from Sept 2000.
Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.
I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.
AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.
I am here legally in this country from Sept 2000.
Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.
I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.
AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.
girlfriend ISLAND OF THE BLUE DOLPHINS
Saralayar
08-05 11:14 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
Well said. But in a little rude way.
Well said. But in a little rude way.
hairstyles Island of the Blue Dolphins
hopefulgc
07-13 12:58 PM
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
vroapp
04-12 03:05 PM
agree.
Macaca
02-21 04:04 PM
Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.
No comments:
Post a Comment