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  • bajrangbali
    06-21 08:48 PM
    When it comes down to both GC & MTR denial...all is not lost as long as you have not put a lot of money down on the house. You could get back your 5% down payment worth in abt an year and after that mortgage would be the same as rent you would be paying living in an apt. Assumption here is, your mortgage is close to rent payment. If you have to leave, then just leave without the burden of having lot of money invested in the house. If you are still thinking abt 5%..just max out all your cards and have a blast :cool::cool:




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  • delax
    07-14 10:43 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Paskal,
    Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.

    However here is some food for thought for the mods and the community at large:

    1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
    2. If not, then the implication in the letter is that IV is doing so based on the logo used.
    3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
    4. There is a request to allocate numbers to EB3 based on length of wait.
    5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
    6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
    7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
    8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
    9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
    10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.

    If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.

    I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers




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  • Macaca
    12-30 07:15 PM
    Binayak Sen: India's war on a man of peace
    A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian

    More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.

    Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."

    The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.

    As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.

    Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.

    Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.

    But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.

    Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.

    The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?




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  • nogc_noproblem
    08-05 01:35 PM
    A guy in a bar was talking about how he always watched his wedding video backwards.

    When asked why, he replied:

    "Coz I love the end bit where she takes the ring off her finger, goes back down the aisle, and jumps in the car and disappears..."



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  • gcsim
    08-06 03:49 PM
    Bihar Driving License...

    DRIVING LICENSE APPLIKASON PHOROM
    ------------------------------------------ -----------------------


    NOTE: Please do not soot the person at the applikason kounter.
    He will give you the licen.
    For phurthar instructions, see bottom applikason.


    1. Last name:

    (_) Yadav (_) Sinha (_) Pandey (_) Misra (_) Dot no

    (Check karet box)

    2. First name:

    (_) Ramprasad (_) Lakhan (_) Sivprasad (_) Jamnaprasad (_) Dot no

    (Check karet box)

    3. Age:

    (_) Less than phipty (_) Greater than phipty (_) Dot no

    (Check karet box)

    4. Sex: ____ M _____ P(F) _____ not sure _____not applicable

    5. Chappal Size: ____ Lepht ____ Right

    6.Occupason:

    (_) Politison (_) Doodhwala (_) Pehelwaan (_) House wife (_) Un-employed

    (Check karet box)

    7. Number of children libing in the household: ___

    8. Number that are yours: ___
    9. Mather name: _______________________

    10. Phather Name: ____________________ (If not no,leave blank)

    11. Ejjucason: 1 2 3 4 (Circle highest grade completed)

    12. Dental rekard:

    (_) Ellow (_) Berownish-ellow (_) Berown (_) Belack (_) Other -__________
    Give egjhakt color

    (Check karet box)

    13.Your thumb imparesson :
    ____________________________

    (If you are copying from another applikason pharom, please do not copy
    thumb impression also. Please
    provide your own thumb impression.)

    PELEASE DO NOT USE PHINGERS OF YOUR LEGS

    Use thumb on y our lepht hand only. If you dont have le pht hand, use your
    thumb on right hand. If you do not have right hand, use thumb on lepht
    hand.

    NOTE: IF YOU DONT HAVE BOTH HANDS, YOU CANNOT DRIVE.

    WE ARE VARY ISTRICT ABOUT THIS .


    WOW guys too good .....love this bihari joke....keep going




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  • validIV
    06-26 10:20 AM
    Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later

    ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.



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  • nogc_noproblem
    08-05 02:25 PM
    Due to inherit a fortune when his sickly, widower father died ...

    ... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.

    "I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."

    The woman went home with Charles, and the next day she became his stepmother.

    ... when will men ever learn!




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  • singhsa3
    08-06 09:06 AM
    Personally I think "Obviously" response was derogatory and not funny at all.
    Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.



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  • 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.




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  • dpp
    05-16 11:06 AM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.


    These are all base-less statements.

    H1B program in not just designed for lazy full-time in-house foreign nationals. If an employer who can pay minimum wage (or more) given by DOL, they can recruit H1 and sponsor the visa.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.

    May be some are abusing the law, but you have no right to say all of them are like that. Good and Bad will be there in any field/society/law. So, for that do not blame everybody working in that.

    I know several full-time H1Bs working in-house , but depends on outside consultants to do each and every work and they take the salary every month for doing nothing. So, with that i cannot say all full-time H1Bs are lazy and don't update their skills. There are exceptions to everything.

    Consultants are not like that, they work hard every hour and get paid just for the time they worked.

    Do not start the argument of dividing H1Bs. If you want, goto anti-immigrant sites and join with them. They will ditch you too someday.

    Support IV.



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  • Refugee_New
    01-06 01:00 PM
    I agree with you in principle..
    but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?

    If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.

    But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?




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  • nojoke
    01-04 04:52 AM
    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.

    Your post is a little rude. War is not good.
    But your argument can be turned against you. 'So many suffered in Bombay blast and got killed. They need justice. And so many suffer everyday. It is comfy for you to sit here and say peace and ignore the terror attacks. If you or anyone in your family has suffered these terror...' You got the point?



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  • krishna.ahd
    12-26 08:05 PM
    I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...
    Thats Right , no one wants War that too at this economic conditions
    But Pak should not consider that as our weakness
    So
    Attack on terrorist camps at POK or within Pak too -
    - I belive thats what Indian Gov is planning , we all know our politician when they say no - means that is for sure going to happen
    Cut off all ties with Pak , first stop that Samjautha Exp , and all flights to Karachi
    Work diplomatic way and get it declare Pak as terrorist state
    Let Pak collapse on economic front




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  • gcbikari
    08-06 01:36 PM
    Bihar Driving License...

    DRIVING LICENSE APPLIKASON PHOROM
    ------------------------------------------ -----------------------


    NOTE: Please do not soot the person at the applikason kounter.
    He will give you the licen.
    For phurthar instructions, see bottom applikason.


    1. Last name:

    (_) Yadav (_) Sinha (_) Pandey (_) Misra (_) Dot no

    (Check karet box)

    2. First name:

    (_) Ramprasad (_) Lakhan (_) Sivprasad (_) Jamnaprasad (_) Dot no

    (Check karet box)

    3. Age:

    (_) Less than phipty (_) Greater than phipty (_) Dot no

    (Check karet box)

    4. Sex: ____ M _____ P(F) _____ not sure _____not applicable

    5. Chappal Size: ____ Lepht ____ Right

    6.Occupason:

    (_) Politison (_) Doodhwala (_) Pehelwaan (_) House wife (_) Un-employed

    (Check karet box)

    7. Number of children libing in the household: ___

    8. Number that are yours: ___
    9. Mather name: _______________________

    10. Phather Name: ____________________ (If not no,leave blank)

    11. Ejjucason: 1 2 3 4 (Circle highest grade completed)

    12. Dental rekard:

    (_) Ellow (_) Berownish-ellow (_) Berown (_) Belack (_) Other -__________
    Give egjhakt color

    (Check karet box)

    13.Your thumb imparesson :
    ____________________________

    (If you are copying from another applikason pharom, please do not copy
    thumb impression also. Please
    provide your own thumb impression.)

    PELEASE DO NOT USE PHINGERS OF YOUR LEGS

    Use thumb on y our lepht hand only. If you dont have le pht hand, use your
    thumb on right hand. If you do not have right hand, use thumb on lepht
    hand.

    NOTE: IF YOU DONT HAVE BOTH HANDS, YOU CANNOT DRIVE.

    WE ARE VARY ISTRICT ABOUT THIS .



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  • GCnightmare
    08-02 02:55 PM
    Thanks for the quick reply. I never overstayed my I-94 either before leaving US or re-entering US. But just a thought... Do you mean if somebody covered by 245(i) and never left US after filing the labor before April 2001, still be eligible to adjust status?
    Thanks




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  • mallu
    01-28 02:46 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.

    That is surely amnesia. What to say, one of my desi coworker who who got his citizenship recently has started "Why we need more people" . When asked about his case, "mine was different, because of y2k etc there were great demand around 1999-2000".



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  • Ramba
    07-14 03:44 PM
    --------------------------------------------------------------------------------

    It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.

    Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
    Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.

    So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.

    The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.




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  • krishna.ahd
    01-07 07:00 PM
    cooooool
    What a relief from these immigration issues

    Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee




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  • Beemar
    12-30 09:35 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.



    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.



    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.




    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.




    lfwf
    08-05 03:09 PM
    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.

    True.

    However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
    You will have to explain how this is fair.

    Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?

    I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?



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