Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.
I can tell you for sure what kind of results this petition will produce.
1. it will not poduce any spillover to EB3 at all.
2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.
After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.
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You must be kidding me!!
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
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Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
Isnt that true? If you are in the IT industry for the past 10 years you know it is true.
We, Indians are the ones who has mastered the art of circumventing the H1B process and screwing up the job market. Fake Resumes, Fake References, not working in the state where you are approved, somebody appearing in the phone interview and somebody else showing up in the Face to Face interview and what not.
I am not tainting the whole community here, and i am one of you. I agree that atleast 80% of us are Genuine, hardworking candidates. There are few chosen individuals(rest 20%) who did unethical & immoral things for their own good and we are the ones who are paying the price for this whole mess. You can chose to deny this fact and live in a world of denial.
I see similar thing happening to IT but the catch here is Internet, virtually we can work from anywhere, but our senators who think internet is like series of tube does'nt get this
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Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.
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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.
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The recent visit by Chinese Premier Wen Jiabao clearly had a productive focus - SinoIndian economic ties have been re-enforced, and there has been an effort to re-balance the trading relationship. This Brief uses irony to communicate five propositions (i.e. the intended meaning of these five statements is the opposite of what is stated), that can be found in several discourses on Sino-Indian ties. It evaluates these propositions in the light of the tangible and intangible gains from Premier Wen Jiabao’s second official visit to India.
1. Obama’s visit had more substance for India
How do you weigh a visit by a foreign Head of State or Government – one that prods a relationship in an incremental way versus one that promises a turnaround from a low baseline? The political and strategic dimension of the India-US partnership received an immense boost with Obama’s visit, and so did the economy. However, with Wen Jiaobao’s visit, India and China have prepared the ground for what hopefully shapes up to be a balanced economic and a healthy political partnership. If Premier Wen has second-placed talk of India and China being rivals – surely the political gains are waiting to be realized. Incidentally, the MoUs signed during Premier Wen Jiabao’s visit are worth $16 billion (against $10 billion worth of agreements signed during the Obama visit).
Re-balancing of the Indian deficit (roughly USD 20 billion) from its trade with China has been promised through enhanced trade facilitation in the pharma and IT/Engineering sectors, a proposed CEO’s forum, more openness to Indian agro products, greater presence in Chinese trade fairs, and the desire for a strategic economic partnership. The present focus on infrastructure financing in India through Chinese banks is demonstrative of a ‘win-win’ situation for both sides. China’s consumer price index (CPI) 1 , a key measure of inflation, hit a two-year high of 5.1 per cent year-on-year in November 2010. Meanwhile, the People’s Bank of China (PBOC; the equivalent of the RBI in India) raised banks’ reserve requirement ratio (the deposits mandated to be withheld) for the sixth time in 2010 as a sterilization measure to prevent excess money supply from adding to inflation. Under such circumstances, Chinese banks have been foraying into lending operations elsewhere as well (Industrial and Commercial Bank of China’s (ICBC) commercial property loan in summer 2010 to a group led by private-equity firm, the Carlyle Group, in the United States is a case in point)
Policy Focus: The push for horizontal investments from China i.e. market seeking FDI through local production seems to have received less attention. This is an area which needs to be explored fully to address employment generation in India, and for Chinese firms to have a visible household presence in India (similar to Korean and Japanese consumer durables, for instance).
2. China has not changed. It cannot be trusted. Politically, there seems to be no progress on resolving the border dispute, and in the economic sphere there seems to be an in-built incongruence in the growth trajectories of the two countries.
The 1962 war was the reflection of the variance in India and China’s diplomatic, ideological and political approach to bilateral ties and international affairs. Those were the years running up to the Sino-Soviet split, the US engagement in Korea, Taiwan, and the second Indochina war (all involving China), and the domestic misfortune of the Great Leap forward. China had real and perceived fears of India’s oscillation between the United States and the Soviet Union. However, today China is placed in different circumstances, both as a political power and as an economic power. It is now more deeply entrenched in the economic architecture of the world. China’s concern to develop its Western regions coupled with diminishing incentives to foreign investors on the East Coast implies a patient and consistent effort at domestic restructuring in China. The stimulus measures and other construction projects need to be absorbed, the idea of “soft infrastructure” over “hard infrastructure” i.e. transparency and corruption-control has to be pushed through, and inequity needs to be tackled both between cities and rural areas, and between provinces in China. That is a long-drawn process of reforming social security and healthcare in China, apart from administrative reforms relating to land and labour rights (hukou system).
Intuitively, the prospects of relying on Europe and the United States as consumer markets for China over the long term are dicey (imagine how long an economy growing at 8 to 10 per cent could rely on markets that grow at between 2 and 3 per cent?). The present incongruence in the growth trajectories of India and China is ascribed to the market-first approach in China versus the business-first approach in India’s liberalization of its economy. Almost as a visible consequence, China is a larger trading nation even as the private sector there is yet to benefit from lenient financial intermediation (the State plays a big role even today). India on the other hand has a promising private sector and vibrant secondary markets even as its integration into the international economy is hindered by relatively higher tariff barriers in the country. The absence of overlap in the key growthdrivers of both countries (Industry versus Services in China and India, respectively) actually presents the most important reason for India to work with China, and for China to work with India.
The economic imperatives for China to engage with the larger Asian region are borne out by the trends in consumption expenditures in this region. China presently is mired in the need to revive consumption expenditure internally, in order to offset the export-dependent economic engine of its growth. The Key Indicators for Asia and the Pacific 2010, the flagship annual statistical data book of the Asian Development Bank (ADB), indicates the role that Asia stands to play as an alternate consumer market in the long term. The resilience of the middle class in Asia during the 2008-09 recession is highlighted by an estimated USD 4.3 trillion in annual expenditures during the crisis (ADB 2010). This was nearly a third of the private consumption in OECD countries, and is projected to account for 43 per cent of the worldwide consumption in 2030.
Policy Focus: India and China have a real chance of promoting mutual economic growth and development if their economic ties are not ‘securitized’, and the issue of tariff (from India’s side) and non-tariff barriers (China’s side) and protectionism (both countries) is addressed. The CEO’s forum, for one, could initiate linkages with Chinese Universities to develop internship programmes drawing on China’s younger generation of graduates to visit Indian companies desirous of expanding operations in China.
As for border talks, Pandit Jawaharlal Nehru and Premier Zhou Enlai agreed in the past to have mid-level bureaucrats handle talks for mediating the border issues (Hoffmann 1990: 32). Prime Minister Manmohan Singh and Premier Wen Jiabao have reached an understanding to have foreign ministers of the two countries deal with the vexed problem. Certainly, the level of engagement has been upgraded specifically vis-�-vis the border issue.
Another important point to note is that, as per the Pew Research Centre’s Global Attitudes Project (October 2010), in 2009 46 per cent of Indians expressed a positive view of China, compared with just 34 per cent in 2010. The Chinese Ambassador to India may think that the fragility in India-China relations emerges from over-reaction to issues concerning China in India. However, the same report qualifies that only 3 per cent of Indians surveyed consider China as the greatest threat for India, whereas, despite a sanctioned media, more Chinese have negative opinion on India (only about one-third of Chinese respondents (32 per cent) have a favourable opinion).
So where does the fragility come from? Does it arise from the ‘looseness’ of a democratic apparatus to shape public opinion? But Chinese public opinion is negative despite the regimented approach to the dissemination of information. Clearly, even if it is not the final word, these perceptions reveal how both countries need to do more to genuinely take forward the elationship at the level of ordinary citizens. The leadership in both countries has to find ways to shape debates within their countries to soft-land negotiated outcomes, if there is a genuine and concerted effort to resolve the border issue, and other contentious issues that may arise.
Policy Focus: There is a need to cultivate individual perceptions of the other, at the level of citizens. This exercise could be executed at the level of greater tourist facilitation measures or exposure to popular culture through mass media. More Indian television programmes, dubbed in Chinese, should be promoted in China (currently only a few such programmes are broadcast in China). Surprisingly, Chinese programming (similar to NHK, DW-Asia or Russia Today) is not even on offer on most satellite networks in India. Events such as the ‘Festival of India in China’ or the ‘Festival of China in India’ should be promoted on a wider scale to involve citizen participation beyond the diplomatic corps.
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THE late Amos Tversky, a Stanford psychologist and a founding father of behavioral economics, used to say, �My colleagues, they study artificial intelligence; me, I study natural stupidity.�
In recent decades, behavioral economics has been the economics profession�s runaway growth area. Scholars in this field work largely at the intersection of economics and psychology, and much of their attention has focused on systematic biases in people�s judgments and decisions.
They point out, for example, that people are particularly inept at predicting how changes in their life circumstances will affect their happiness. Even when the changes are huge � positive or negative � most people adapt much more quickly and completely than they expected.
Such prediction errors, behavioral economists argue, often lead to faulty decisions. A celebrated example describes an assistant professor at a distinguished university who agonizes for years about whether he will be promoted. Ultimately, his department turns him down. As anticipated, he�s abjectly miserable � but only for a few months. The next year, he�s settled in a new position at a less selective university, and by all available measures is as happy as he�s ever been.
The ostensible lesson is that if this professor had been acquainted with the relevant evidence, he�d have known that it didn�t make sense to fret about his promotion in the first place � that he would have been happier if he hadn�t. But that�s almost surely the wrong lesson, because failing to fret probably would have made him even less likely to get the promotion. And promotions often matter in ways that have little impact on day-to-day levels of happiness.
Paradoxically, our prediction errors often lead us to choices that are wisest in hindsight. In such cases, evolutionary biology often provides a clearer guide than cognitive psychology for thinking about why people behave as they do.
According to Charles Darwin, the motivational structures within the human brain were forged by natural selection over millions of years. In his framework, the brain has evolved not to make us happy, but to motivate actions that help push our DNA into the next round. Much of the time, in fact, the brain accomplishes that by making us unhappy. Anxiety, hunger, fatigue, loneliness, thirst, anger and fear spur action to meet the competitive challenges we face.
As the late economist Tibor Scitovsky said in �The Joyless Economy,� pleasure is an inherently fleeting emotion, one we experience while escaping from emotionally aversive states. In other words, pleasure is the carrot that provokes us to extricate ourselves from such states, but it almost always fades quickly.
The human brain was formed by relentless competition in the natural world, so it should be no surprise that we adapt quickly to changes in circumstances. Much of life, after all, is graded on the curve. Someone who remained permanently elated about her first promotion, for example, might find it hard to muster the drive to compete for her next one.
Emotional pain is fleeting, too. Behavioral economists often note that while people who become physically paralyzed experience the expected emotional devastation immediately after their accidents, they generally bounce back surprisingly quickly. Within six months, many have a daily mix of moods similar to their pre-accident experience.
This finding is often interpreted to mean that becoming physically disabled isn�t as bad as most people imagine it to be. The evidence, however, strongly argues otherwise. Many paraplegics, for instance, say they�d submit to a mobility-restoring operation even if its mortality risk were 50 percent.
The point is that when misfortune befalls us, it�s not helpful to mope around endlessly. It�s far better, of course, to adapt as quickly as possible and to make the best of the new circumstances. And that�s roughly what a brain forged by the ruthless pressures of natural selection urges us to do.
All of this brings us back to our decisions about how hard we should work � choices that have important implications for the lives we are able to lead.
Most people would love to have a job with interesting, capable colleagues, a high level of autonomy and ample opportunities for creative expression. But only a limited number of such jobs are available � and it�s our fretting that can motivate us to get them.
Within limits, worry about success causes students to study harder to gain admission to better universities. It makes assistant professors work harder to earn tenure. It leads film makers to strive harder to create the perfect scene, and songwriters to dig deeper for the most pleasing melody. In every domain, people who work harder are more likely to succeed professionally, more likely to make a difference.
THE anxiety we feel about whether we�ll succeed is evolution�s way of motivating us. And the evidence is clear that most of us don�t look back on our efforts with regret, even if our daily mix of emotions ultimately doesn�t change.
But evolutionary theory also counsels humility about personal good fortune. As Darwin saw clearly, individual and collective interests don�t always coincide. A good job is an inherently relative concept, and while the person who lands one benefits enormously, her lucky break means that some other equally deserving person didn�t get that job.
When people work harder, income grows. But much of the spending that comes from extra income just raises the bar that defines adequate. So, from society�s perspective, some of the anxiety over who gets what jobs may be excessive after all. But that�s very different from saying that people shouldn�t worry about succeeding.
Robert H. Frank is an economics professor at the Johnson Graduate School of Management at Cornell University
Your So-Called Education (http://www.nytimes.com/2011/05/15/opinion/15arum.html) By RICHARD ARUM and JOSIPA ROKSA | New York Times
Major Delusions (http://www.nytimes.com/2011/05/15/opinion/15Sharot.html) By TALI SHAROT | New York Times
Personal finance tips for graduates (http://www.washingtonpost.com/business/personal-finance-tips-for-graduates/2011/05/08/AFYfQf3G_story.html) By Michelle Singletary | The Washington Post
Outlook's Third Annual Spring Cleaning List (http://www.washingtonpost.com/wp-srv/special/opinions/outlook/spring-cleaning-2011/) The Washington Post
Five myths about internships (http://www.washingtonpost.com/opinions/five-myths-about-interns/2011/05/09/AFbWmT2G_story.html) By Ross Perlin | The Washington Post
When Fear Stifles Initiative (http://www.nytimes.com/2011/05/15/jobs/15pre.html) By ROBERT W. GOLDFARB | New York Times
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I am here legally in this country for 8 years. Applied for 9th year extension this month and waiting in line for Green Card since 2004. I strongly beleive that with Sen. Obama in WH, the US economy will get out of the current crisis and we can see the good old days of 90's again.
I am also looking after the backup plans now just in case if Sen. Obama's immigration policy is based on the CIR 2007 and all the provisions that are against the EB community are included then i do not have any choice other than to leave the country. I am getting ready to apply for Canadian PR whcih would not take more than a year and by that time i believe we will have a good picture of Obama's immigration policy.
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I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.
Sen. Durbin's position on this issue and his closeness to Sen. Obama is certainly a cause for concern, however, one thing I have noticed over and over with Sen. Obama is that he is a cerebral pragmatist with a fairly decent judgement. He is not a locked in ideologue, when a rational argument is put to him he tends not to be dogmatic like the current president and instead will try to cut a deal.
To get the support of republican moderates in any CIR legislation pro business immigration policies will need to be included in an Obama administration. No doubt the legislation will include some H1b restrictions, but they may be more open to EB visa recapture etc. That will atleast get those in the 485 queue some relief. Noone can reason with the Sen. Sessions and Rep. Kings of the congress. The same group that is so ultra conservative that they basically openly revolted with their president on numerous issues including the current economic rescue package.
My fear with a Sen. McCain administration is that on the immigration issue, whatever his personal views, we will see another 4 yrs similar to the last 4 on immigration! He will get nowhere moving his party either. Pres. Bush is about as pro CIR as they come, he tried and tried very hard, but to no avail with the Congress. Even before the election, you can see the disagreements between McCain and the extreme right wing conservatives. Atleast with Obama, the scene will be shaken up, noone knows where it ends up, but atleast there is a chance the gridlock will be broken.
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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.
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Don't be so harsh on people like "loveh1b". We need to educate them with the actual situation, not scare them away with such statements.
Hopefully, loveh1b will gain from our perspectives and change his attitude towards the US legal immigration system. Not to mention, s/he can educate other people on how things work in a global economy.
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and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
there's a clause somewhere that if you don't get EAD in 90 days you can go to the local USCIS officer and get a temporary EAD.
Other than that, pray to you favourite god.
money, lawyers and god are useful to have on your side.
1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.
Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.
Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.
The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don�t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.
There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
So, its going to take time for this infrastructure to go away.
The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.
If pakistan is innocent, how about handing over dawood ibrahim? or a few other terrorist to India. If not to India, why not hand them over to international court? If they don't want to do this, then it is logical for us to conclude that the pak government is involved