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  • unitednations
    03-24 02:59 PM
    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    -----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?


    ------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.


    ------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?



    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?


    -----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.


    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    --------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.


    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?


    ---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.


    -----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    ----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.

    btw; see --------------------------------for my comments.




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  • Rolling_Flood
    07-14 02:28 AM
    Dude, you are one confused person.........whats the point here??
    EB-3 India is somehow "special" and all you whiners in EB-3 India should get your GCs before EB-2 folks becuase blah blah blah........WHAT???

    are you insane?? you make no sense in your argument.

    Numbers fall as EB1--> EB2 --> EB3.

    Dont like it, go get an education and/or an EB-2 level job. Else shut up. You have nothing to say.



    Hi kutra,

    Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".

    What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.

    Here is my take on this EB1, EB2 and EB3.

    Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.

    By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.

    If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.

    Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.


    I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.




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  • file485
    07-08 10:01 PM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..

    this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!




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  • CreatedToday
    01-09 01:34 PM
    The discussion tuned nasty! Admin got involved.

    why are you digging it up?

    Its good we talk healthy now!



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  • rimzhim
    04-09 11:46 AM
    If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?

    Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
    Yes, I am exploring that option.




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  • gcisadawg
    12-27 01:44 AM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg



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  • thomachan72
    08-06 04:28 PM
    THERE IS THIS GOOD OLD BARBER IN SOME CITY IN THE AMERICA....

    ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.

    A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.

    AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.

    ..Enjoy

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
    FINDS
    THERE...

    CAN YOU GUESS?

    DO YOU KNOW THE ANSWER YET?

    COME ON, THINK LIKE A INDIAN....

    A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!
    well most of us guessed the answer because as soon as we read about the barber we were thinking of asking whether you knew his address!!




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  • sanju
    12-17 05:34 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".


    Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.

    Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.

    I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.

    Please don't bring one flawed system to replace another flawed system.



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  • sledge_hammer
    06-25 04:03 PM
    You are wrong my friend. Not all rich people pay cash for their homes. Read this - Celebrity Foreclosures - Forbes.com (http://www.forbes.com/2009/06/02/gotti-canseco-dykstra-foreclosures-business-celebrities.html)

    And who was rich first and does not consider his house as an investment!




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  • satishku_2000
    05-16 05:00 PM
    A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.


    Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...



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  • nogc_noproblem
    08-26 07:34 PM
    You've heard of the Air Force's ultra-high-security, super-secret base in Nevada...

    ..., known simply as "Area 51?"

    Well, late one afternoon, the Air Force folks out at Area 51 were surprised to see a Cessna landing at their "secret" base. They immediately impounded the aircraft and hauled the pilot into an interrogation room.

    The pilot's story was that he took off from Vegas, got lost, and spotted the Base just as he was about to run out of fuel. The Air Force started a full FBI background check on the pilot and held him overnight during the investigation.

    By the next day, they were finally convinced that the pilot really was lost and wasn't a spy. They gassed up his airplane, gave him a terrifying "you-did-not-see-a-base" briefing, complete with threats of spending the rest of his life in prison, told him Vegas was that-a-way on such-and-such a heading, and sent him on his way.

    The next day, to the total disbelief of the Air Force, the same Cessna showed up again. Once again, they surrounded the plane... only this time there were two people in the plane.

    The same pilot jumped out and said, "Do anything you want to me, but my wife is in the plane and you have to tell her where I was last night!"




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  • pbojja
    07-15 10:25 AM
    Can some one explain why do we want send the "WISH LIST" letters to DOL now ? Why not when a ROW GC applicant was getting a GC well a head of very well qualified Ind/Chi applicant ?

    Fortunately they fixed the spill over ,Indian/Chinese EB2 applicants can get their GCs sooner now , are we trying to mess this up ? I know you are going to say we are not against EB2 . I m not against ROW applicants but can I get my GC before a ROW applicant by sending a letter to DOL stating that I m more qualified than the other applicant can you send my GC please?



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  • alterego
    11-15 07:17 AM
    That has been Lou's view all along. Yet I doubt its sincerity, it follows along the Numbersusa ploy that if you make things hard enough first, all but the ones with the strongest roots will leave. Hence they will say enforcement first but then once that is done you will hear all the restrictionist agenda. In fact there has been some stepped up security at the border recently.
    The policy of all these anti immigration groups is quite clear, divide and rule. They have only tepid and restrictionist at best arguments against Skilled Immigration , and for those of you in the IT field I want to remind you that skilled immigration does not mean just IT. Restrictionist groups are aware that most of america will not stand for their agenda and corporate america will steamrolll their lobbying might. Hence the play all these tricks. YOu should have seen the pathetec defence of the loss of some hardliners in the recent election that Bay Buchanan(Pats wife) gave on Lou Dobbs last night. Their end objective is the same, keep immigration as low as possible.
    Last Night Lou was visibly concerned that there would be something cooking in the Lame duck session.
    The AILA/Compete america is for sure trying to get atleast a H1b expansion and is pushing hard. I am happy to see that they are also pushing for some sort of EB provisions for their permanent employees also.




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  • sanju
    05-16 10:47 AM
    :p :p I like this most. Lets move on...

    It appears that some of us are mad at our employers and there can be several reasons –
     We think we are “high-skilled” and deserve more even though we are spending most of our time at work on IV forums
     We think our employer is taking advantage of our situation and if we had green cards we would have taken over the crown from Bill Gates and Warren Buffet
     And so on….

    For some of these reason, we are faulting everybody around us, our employer, companies not our employers, consulting companies/body shopper, other H-1B applicants, L-1 applicants, people who come on B-1, companies like TCS/INFY/SIFY etc. And there seem to be this idea that if a bill is passed to harm consulting companies or body shoppers or companies like TCS/INFY/SIFY, then somehow that is my gain because I am suffering because of these guys. Consistently, I have seen this argument on the forums, but somehow I am not convinced that these guys have to lose something before I could get what I want.

    IEEE-USA, Ron Hira et al has problems with us if educated/skilled/talented people come here on H-1/L-1. So that’s why they oppose any increase in H-1. These guys have a problem with us if we apply for green card and that is why they did not include a single provision in Durbin-Grassley bill to fix the green card backlogs. In fact they are making sure that people waiting for green card will have to somehow leave the country. These same guys at IEEE-USA have a problem if we choose to go back to wherever we came from and we decide not apply for green cards. In this scenario they say that we are promoting outsourcing because we are returning to the country we came from. And if we never ever chose to come here at all, these guys simple say that we are still taking their jobs because we are the people on the receiving end of the outsourcing. So either way you look at it, these guys are simply out there to screw us. The bad thing is they are organized and we are not. And the worst thing is we have guys like Senthil1 on this forum who thinks that by some how causing harm to consulting companies/body shopper/companies like tcs, infy etc we are making up for our delays in the green cards. And I just find this argument very very bizarre. No offense to anyone, but just wanted to clearly say that Durbin-Grassley bill is not designed or intended to help anybody on H-1/L-1/green card applicant, directly and indirectly. In fact, in the long term, I do not know who is getting the benefit from Durbin-Grassley bill other than the BPO companies in the other countries.



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  • GCScrewed
    07-13 06:34 PM
    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.

    People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.

    This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.[/QUOTE]

    I am just stating the fact. The position was not my position. So I can't speak too much about it. But that was the person who worked there told me. The most important point is that a lot of EB2s do not deserve it at all. This is especially true for smaller companies including those body shops, where a lot of wiggle room exist on how you describe the job requirements. In large companies, they tend to have more strigent requirments on what category to file. A lot of people filed under EB3 before the retrogression starting in late 2004 and 2005 because they did not pay too much attention on this issue (that's their bad - lessons learned).

    Although I don't see the data yet, I bet if you compare the proportion of EB2 applicants (or EB3 applicants), you will see a great difference before and after late 2004. Why? Because that's when the EB3 retrogression started and people began to move onto EB2. Are there so much more EB2 positions after 2004 than before? I doubt.

    I think that's what really make people upset, esp. those got stuck in every stage, from BEC, I140, from name check and 485. All these simply because they changes something without considering those in line already.




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  • gcisadawg
    12-23 01:02 AM
    Though I sense your intent, I am too feeble to carry the burden even a fraction of the weight of your point. And I am not even trying to be modest here. Though there is a quite a bit of work to be done for moderate muslims to come forward and lead the way, Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live

    You are right. It is futile to pick a person and to make him a representative of a billion humans. No matter if that person is deemed as a terrorist, a moderate or virtue personified. Ultimately, a person is a product of his/her circumstances. He/she might be moderate/personification of virtue now but who knows what circumstances he encounters and how his/her thought process metamorphose.



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  • wizpal
    06-05 05:06 PM
    A very simple, dumbed down calculation to see which one trumps the other, buying or renting:


    1. Home Cost: $300,000
    2. Down: $ 30,000 (10% of 300k)
    3. Mortgage: $270,000

    4. Mortgage Interest/yr: $ 13,500 (5% of 270K)
    5. Tax, Insurance, Maintenance /yr: $ 9,000 (3% of 300K)

    6. Returns on Downpayment otherwise/yr: $ 3,000 (10% of 30K)
    7. Rent on a similar home/yr: $ 18,000 (1.5K/month)

    8. Equity/yr: $ 15,000 (5% of 300K)
    9. Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)


    I'll take a home appraised and bought for 300K for my example. The numbers are basically self explanatory. Contrary to popular claim among those who are pro renting, I don't think I pay more than 3% for tax, insurance and maintenance combined (item# 5). Of course, I was wise enough to buy a home in good condition. But that number will change as the home gets older. Maintenance should not include any upgrades that you do, which is basically only "gravy" and based on owner's discretion. Item# 6; I am going with the average returns if you invested in S&P 500. Item# 7; is what a similar 300K home costs to rent. Item# 8; I have only taken 5% growth which is I think under normal market conditions is the growth you would see on your home. The principal payment has not been accounted for yet. I'll do it later.

    Situation Rent:
    If you rent, then your expense per year is item# 7 minus item# 6 = $15,000.
    Of course, your capital of $30,000 is still earning compounded returns.

    Situation Own:
    Your expense is item# 4 + item# 5 - item# 9 - item# 8 = $3,450.

    As I mentioned in the first line, this is a dumbed down cost comparator. There are many loopholes that can be plugged. All comments are welcome.


    Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.

    As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
    what it feels like to have owned a home.




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  • sroyc
    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?




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  • mbawa2574
    05-28 08:21 AM
    I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.




    NKR
    04-14 02:30 PM
    wow you come back to the same argument again ..and you tell others. maybe you should ask your child ..would you prefer that I spend more time with you or is it o.k if I see you only on weekends.
    you are saying the others are not understanding your point ..but at the same time you are not understanding the other side of argument.
    basically you are equating a bigger house means better childhood ..which is plain wrong. maybe your case or for few lucky people that maybe the case ..but I suspect for 99 percent of people ..maintaining and buying homes means they have to slog harder and that means less time for kids !!

    Glad to know that you remember me. I don�t understand your logic, do you mean to say that I go to my house only on weekends, or do you mean to say that people who live in apartments spend the weekdays with family and go to work only on weekends?. What is your point dude?.




    srr_2007
    04-07 12:39 AM
    You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.

    EVERYONE LOSES.

    Thanks for the clarification.



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