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  • smisachu
    07-14 11:04 PM
    We need to concentrate our efforts in achieving relief for everyone in the EB community whether they are EB1/2/3 India/China or ROW. This infighting or dispersed efforts will not yield any results.

    We should all strive for the passage of the 3 Lofgren Bills. Please contact your state chapter and help IV channel our efforts where it could be effective.

    One observation: I am seeing a lot of individual efforts by many folks. I did not see their participation when we were trying for passage of the 3 bills through letter campaigns and phone campaigns.
    Well at least you have woken up now...I will not complain.

    Let us focus our efforts and get permanent fix instead of some temporary move by a screwed up system which at the end of each FY bumps up numbers in a one upmanship between DOS and USCIS. We all are caught in the middle and suffer.

    My request to all the people re energized, we could really use your help in working on the lobbying efforts. Please contact your state lead as the issue cannot be posted on open IV forms.





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  • s_r_e_e
    08-06 01:43 PM
    Here is what happened.
    All monkeys also interfiled and became lions.

    :D:D that was a good one.





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  • RAF Tornado GR4



  • sledge_hammer
    03-24 07:54 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.





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  • Force Tornado GR4 aircraft



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

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

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

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

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

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

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

    (2) Definitions. As used in this section:

    Advanced degree

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

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



    ____________________________
    US Permanent Resident since 2002



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  • axp817
    03-25 12:17 PM
    Oh, and I think I should elaborate just a little more.

    I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.

    Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.

    My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.

    Thanks again,





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  • RAF Panavia Tornado GR4



  • lost_angeles
    07-13 03:30 PM
    Last year's flower campaign was very successful. It created positive vibes for us all around. The reason for the campaign's success was it's novelty, non-confrontational approach and it's appeal to the sense of justice of the people that mattered.

    With the EB3-I situation as it is, we definitely need to start a new and similar collective initiative as has been discussed in this thread. It is been generally agreed that the format of our initiative would be a letter, contact, and action based effort.

    Not to be preaching to EB3-I-inans, but most of us are truly in a trance where we refuse the possibility of not getting a Green Card, at least when it is meaningful. To many of us this possibility is such a catastrophic event, that sub consciously we have not even provisioned for it. In the euphoria of EB2-I advancement, we forget that the relief is most likely temporary, and we go back to square one in OCT 2008. I think everybody who is still in immigration process, should take a part in this effort. For those who are already ashore, would be a nice gesture if you too lend a hand. On a personal level, I am glad that I am waking up from my laziness and apathy to do something on my own and not wait on others to do it for me.

    ----------

    I want to use this post to outline a first cut for two things --
    1. Compile a list of points that outlines the general message of what and why of we are doing.
    2. Discuss the action items that accompany our message.

    ----------
    1. Points for general message --

    * We understand that immigration is a privilege and national interests are above our plight.

    * We are highly educated and experienced residents. Most of us have been living in USA for more than past 7-8 years.

    * We are in suspended limbo without knowing the timeline of what the future holds for us.

    * When we started the immigration process, it was with implicit belief in the fairness and transparency of the system. The general labor substitution, paying money for Green cards and other abuses have thwarted this belief. This point should be emphasized.

    * There were and still are lots of loopholes in the system. Till now, the process has glaringly rewarded the law breakers. As long as these distorted incentives remain, the priorities will be skewed for some.

    * We are not here to rob anybody's livelihood. It is a symbiotic relationship. If it is not true and not good for USA, let us know. You cannot let few H1 scams discredit the whole ilk.

    * We are tied to our jobs/positions; creative juices are suppressed; creating a secondary class of indentured labor.

    * We cannot afford to do tech-speak (245, AC-21, EBs, ....) in the message. The message that we are trying to convey should be understood by the layman in 20-30 seconds.

    * We should try to empathize with groups like Numbers-USA. Yes, they too have valid points. If we agree to their points and quote their valid issues, it will take some sting out of their message and work to both our advantage; more to ours.

    * By being in this uncertain state, we cannot decide on big ticket items like buying a house, etc.

    * We request respect and dignity versus treating us like a dumb herd of sheep. Give us more clear cut direction and transparency.


    ---------

    2. Ideas for action item --

    * Similar to flower campaign, we need to find a novel action that accompanies our message.

    * This action item should somehow reflect that it is selfless and for a higher cause, which creates a general feeling of well-being.

    * Some of things I thought of are -- contributing to Salvation Army / Goodwill, sponsoring education for children from low income family in USA, blood donation campaign, etc.

    * Out of this, I think blood donation provides most bang for buck. The idea sounds like too extreme and desperate. It probably is, but it sends a strong signal, also subtleness of if-my-blood-is-good-enough......
    Also other inherent benefits are it does not cost anything and is good for your health. And you can be very discrete about it, if you think of lobbying for your green card is stooping too low.

    * For blood donation or any other option that is decided, attach proof of receipts/certificates along with our letter. Alongwith a national level office (USCIS director?), this should be sent out to all local representatives, news orgs, etc.

    ---------

    This is a long post and I appreciate your patience in going through it. Please post your comments on this post and add any other ideas you deem fit. I think we all should move very fast and try to drum up as much attention as possible. The ultimate goal is to get some kind of direction or relief before the end of this year.


    Thanks.



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  • pete
    04-09 12:05 PM
    The solution is the streamline the process before h1B. If they can do perm in weeks( I got mine done in 90 days but the recruitment took 1 year!) why cant they do LCA soon. Its a logistics issue. There are less applicants things will hurry.

    I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..


    QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?[/QUOTE]





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  • nojoke
    01-04 04:22 PM
    Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

    Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

    Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.

    See you go round in circles. You ask specifics, when cornered you move away from specifics. How many times do we need to start again? No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again. There has been plenty of 'opportunities' in the past and they all ended in the same way. There will opportunities in the future and they will end the same way. There is only one way the opportunities can be meaningful - 'stop pretending to be sleeping'.



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  • BondJ
    05-16 05:54 PM
    Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.

    http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms





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  • Refugee_New
    01-06 01:07 PM
    Please provide proof(example) to support your allegation that "IV allowed its members to discuss, degrade, humiliate muslims and Islam"

    GCBatman. looks like you are new to this forum. I don't know if you participated in the thread that was created to condemn the mumbai terrorist attack that turned agly at the end.



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  • nogc_noproblem
    08-07 03:40 PM
    George Bush: When you rearrange the letters: He bugs Gore

    Dormitory: When you rearrange the letters: Dirty Room

    Desperation: When you rearrange the letters: A Rope Ends It

    The Morse Code: When you rearrange the letters: Here Come Dots

    Mother-in-law: When you rearrange the letters: Woman Hitler

    Snooze Alarms: When you rearrange the letters: Alas! No More Z's

    A Decimal Point: When you rearrange the letters: I'm a Dot in Place

    The Earthquakes: When you rearrange the letters: That Queer Shake

    Eleven plus two: When you rearrange the letters: Twelve plus one





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  • sk2006
    06-23 10:58 PM
    Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort.


    LOL.
    :D:D

    A realtor showed me a 3 story town house. It looked like 'Kutub-Minar'.
    When I pondered that it would be hard for my aged parents to manage so many stairs every day, the realtor suggested me to have an elevator in side the house.. and she was serious.



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  • Tornado 617 Squadron Aviation



  • perm2gc
    08-11 11:51 AM
    The Two Faces of Lou Dobbs
    Zachary Roth

    In April, John Kerry's campaign released a TV ad attacking President Bush for supporting the export of U.S. jobs overseas. The ad was misleading -- although Gregory Mankiw, the chief White House economist, has said that, "outsourcing is just a new way of doing international trade," Bush himself has never explicitly said he favors sending jobs abroad. But Kerry's ad highlighted the fact that Democrats see corporate outsourcing -- in which American corporations abandon the U.S. in favor of cheaper sources of foreign labor -- as a potentially damaging issue for the president. During the Democratic primaries, both John Edwards and, to a lesser extent, Kerry attacked the president for policies that, they argued, encouraged job loss in the United States. The issue resonated with voters, especially in states like Ohio and Michigan, which have been hit hard by the loss of manufacturing jobs.


    Enter Lou Dobbs. The distinguished-looking host of CNN's "Lou Dobbs Tonight" has established a reputation this year as one of the most outspoken opponents of corporate outsourcing. Dobbs has turned his nightly news show into a one-man campaign -- the head of the Business Roundtable called it a "jihad" -- against the practice. Night after night, he roundly attacks government trade policies that he believes encourage American corporations to ship jobs abroad.


    But it's not just U.S. policymakers who are the targets of Dobbs's indignation. He makes little attempt to hide his disdain for the companies that are, as he puts it, "exporting America." And Dobbs is watched, so it's fair to say his views sway voters.





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  • mbartosik
    09-29 12:05 PM
    My primary reason for supporting Obama is environment...

    Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.

    I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).

    McCain did not once vote for the Renewable Energy Investment Tax Credit extension. Not once out of 9 times. Sure he has been out of DC many times, but not all. How can you have an "all of the above" energy policy when you haven't voted once for renewable energy.

    See my solar system install here: http://tinyurl.com/4h3sm7
    - it's impressive.

    So I put my money where my mouth is -- solar powered net zero retrofitted house, featured on local TV and in news papers (got another interview in a hour). Mostly with American made equipment (one of my criteria).
    I support Obama with contributions -- since I cannot vote.
    I also support IV with contributions.

    My political slogan:
    "Blow baby blow"
    "Shine baby shine"
    - Renewable energy is the future, it is made in the USA!

    Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.

    However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have. Until I got my green card, being "temporary" was a huge problem and worry, because I had made decisions based on the assumption that would change.



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  • xyzgc
    12-26 08:39 PM
    Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
    By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?

    Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.

    America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.

    Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !

    My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
    If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.

    Nobody is a war monger. Killing innocent Pakistanis is the worse crime. These are good people like us.
    We want to attack terrorist camps.

    Israel is a bad example. If Israeli don't counter-attack, they will cease to exist.
    One attack will not kill the enemy. You must do it multiple times.

    To think, US will take out LeT is a good idea but its not practical.
    Nobody's gonna come to wipe your ass. You gotta do it yourself.





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  • xyzgc
    12-31 01:29 AM
    Dear xyzgc,

    As a fellow Indian I understand your anger about India's inaction. In no way India can match America.

    Look which countries America attacked after 9/11 ?. Hopeless Afganistan and throughly beaten Iraq. These countries are no match for America.
    America can attack half way from the globe and attack other unequally matched countries. Do you think US will attack Russia or China like Afganistan? It will think thousand times because of sure mutual destruction it will bring. Now Israel is thrashing Hamas which is not at all a regular army.
    Do you think Israel will touch Iran ? Iran will torch Israel.

    So, it is the kind of measuring the capacity of the enemy and acting accordingly.

    If India attacks Pakistan, Pak will surely use their Bramastra which is atom bomb.India again retaliates with another 10 atom bombs and full Pakistan and half India will be in ashes. Do you want that ?

    Again , this kind of massacre may happen in future . Who knows ?. But, I am sure we can't hit Pak like America.

    I am also thinking in line with Alisa's . To avoid castration from US army , these Taliban kind of people send some misguided youths to attack, thereby diverting the issue and diverting the Pak army to India border.

    The only way to solve this problem is the self realisation of Pakistan . Terrorism is like a double edged sword. It will harm both parties.

    " Unless the thief understand and realizes his misdeeds , nobody can destroy theft " - Famous Tamil poet Pattukotai Kalyanasundaram.

    Pakistan is no Iran and India is no Israel. Pakistani cowards will not use Bramastra. They know it will bring their own destruction. These people are such cowards they won't even fight a regular open war, because they know they cannot win - it took them 4 wars to realize that. Where is the question of Bramastra?
    The best they will do is to keep biting and nibbling our flesh by sending in the terrorists and these are the very terrorists we must attempt to root out.

    I would have ordinarily appreciated the lines you quoted from Tamil poetry. I am very fond of poetry myself although I don't understand Tamil.
    But there is a big difference between small time theft and terrorism and the same idea can't be extended to it.
    And do you think we should continue to invite terrorists, while we wait for degraded, corrupt Pakistani dictators to attain self-realization?

    Amma, I know you have excellent values and this is a very nice quote, but these values won't curb terrorism. Gandhi was a saint but the entire world is not a saint.
    These mass-murdering islamic hordes, this floating sewage-crap, need to be wiped out. Nothing else will work.



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  • geesee
    06-06 05:01 PM
    I agree with above few posts.. I wouldnt recommend buying a house if you are working in technology field.. Most of the companies are sending tech jobs offshore and god forbid if you find yourself in a situation where you dont have a job for couple of months, at least you have an option to pack up and go back to own country... I myself bought a house in 2005, I dont regret the decision, but I would feel much safer otherwise.





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  • engineer
    01-03 05:40 PM
    Nojoke,

    Will you accept responsibility of Gujrat Massacre first ?
    and hand over all those to International Criminal Court..

    Will you accept responsibility of Babri Mosque demolation?

    India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..

    point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...

    point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat Massacre..you have suffered enough like us.

    War is not solution...you will be naive to think that Pakistan will not retaliate..in matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..

    Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..

    I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.

    I wish both sides can site on table, have chai or lasse and start talks on following items:

    1. How to curb terrorism in India and Pakistan and Afghanistan..
    I have no doubt that if both sides do this, we can weed these nuts
    out.
    2. We must somehow find some solution to Kashmir ...it fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
    I am Kashmiri..and it doesnot matter who fires ...in Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
    If UK can live with Germany and France after bitter WWII ..we sure can...
    3. I am for Open Visas...so both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
    4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...

    You work in US and know every issue needs compromise, discussion and then something gets done..

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...





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  • conchshell
    08-05 06:51 PM
    By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

    Yes ... this leads to a pale and worried Lion keep worrying that whether he should stay with the current zoo for n number of days before taking a new position at some other zoo.

    Looks like a story plot for Madagascar III





    logiclife
    02-21 12:52 PM
    Lou dobbs, Pat Buchanan and people of that kind are full of vanity. It is wise to tune out such guys and make sure that they do not affect policy decisions in congress. I dont think policy makers care for his rant on TV.

    Pat Buchanan atleast ran for President for a couple of times. He has a lot of wrong ideas especially about immigration but he wanted to do something about whatever he believed in. And he actually did work in public service in the seventies in the Nixon White House.

    This guy Dobbs, claims to know everything that's wrong with congress, the laws, the trade agreements, and all he does is preach. Why doesnt he run for congress and fix things he thinks are so easy to fix. If he is so smart and able, then he should really run for congress and do what he thinks his right.

    The reality is... the chamber of House is no CNN studio. If a trust-fund, Preppie kid like him went to Congress, he wouldnt last a week.





    desi3933
    08-05 02:07 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

    Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.



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