Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.
EB3s - mail out the letter PLEASE!!!!!
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The Hamas, Hezbollah, Iran and Syria � the devil�s club will never achieve their goal � wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.
we should be careful here - there is a thin line between terrorism and legitimate freedom struggle....also - the classification may very well vary based on which prism are you looking through.....for example - Bhagat Singh and the likes were considered terrorists by occupying British colonial power but were considered revolutionaries and freedom fighters by the Indian masses.....how can we say that the Indian Freedom Struggle was any more just and legitimate than the Palestinian desire for self governance...
Another example - were the Mughal rulers in medieval India an occupying invader or were they populist rules loved by the masses? Based on how you answer this question - Chatrapati Shivaji either becomes a glorious Maratha freedom fighter or a terrorist leader....
On the current situation - Hamas fighters live in a densely populated area....so of course - there are civilians there - what do you expect - Hamas would say - Israel is coming to fight us - lets find some sort of Panipat (check battles of panipat on wikipedia for those who dont know) or Kurukshetra (check Mahabharata on wikipedia) where we can fight Israelies in a vast unpopulated area - Israel is the invading army here - they have chosen to fight in densely populated areas - Hamas is merely responding....
One of the newspapers today suggested that Hamas has booby trapped Gaza and thats causing problems for Israeli army and somehow Hamas is wrong in doing so - guys what do you expect - Israelis would be welcomed with garlands in Gaza? If some armed enemies were attacking your home and you knew you did not have the might to directly face them - wont you try every underhand tactic in the book to cause as much damage to the enemy as possible?
While I am no supporter of Hamas or religious extremism - i think its important to study the Palestinian/Israel issue as an ethnic problem as opposed to a religious issue.... - holocaust was a terrible thing to happen but just because of the collective Western guilt conscience (of having done nothing to prevent Holocaust)- the Palestinian/ Israeli dispute has never been judged objectively and one side has always been given a long rope while the other has gotten the short end of the stick.
I don't see why there are so many angered arguments...
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
Are you Rolling_Flood?
Law is what it is. It is not what you believe is correct.
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Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.
No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.
EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.
When there are more numbers in the pool it helps one way or the other.
There is no coherent state or government in Pakistan anymore, there are only personalities pulling the country in various directions. So let's only talk of personalities. My hunch (and that of the many world intelligence agencies too) is that Kayani did it! He was being pushed to a corner by Zardari, who was rapidly chipping away at his power at the behest of US. Apparently Zardari is wiling to give US a much freer hand in western Pak than Kayani. Kayani feared that Zardati may topple him and appoint another COAS. So he played this masterstroke. Zardari and Gillani were taken completely off guard by this hit.
So, you don't believe in helping others.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
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So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
I believe that having a job(well paid) in recession is an investors dream as everything is on SALE.
"So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). "
Interesting, so you are saying buy house because inflation will be high for next 3-4 months !! Personally I will not buy house based on what happens in next 3-4 months.
Stock market is more liquid than RE. Did the market go to the same levels after dot com burst ? How many years did it take to even feel normal in stock market ?
In real terms, house prices have doubled from 1999 to 2005. This has never ever happened in history. Till date in most US housing markets we have seen correction of less than 10%. Do you think house prices have bottomed out ? Even if house prices fall further by 30% you will still be at historical high prices in real terms.
I think the big question is is this bubble burst or just a cyclical correction ? Most of the arguments in this thread have been based on thoughts that it is cyclical correction.
Imagine what will happen to house prices if its indeed a bubble burst ( which I beleive in). 20% down from here in not much !!
I think this is time to sit on fence and let things settle down. Patience is the name of the game.
HERE COMES THE BEST JOKE OF THIS THREAD
I got a RED dot for this post.
Comment - "Racist Joke".
Five Englishmen in an Audi Quattro arrived at an Irish border.
Checkpoint Paddy the officer stops them and tells them: "It is illegal to put 5 people in a Quattro, Quattro means four".
"Quattro is just the name of the automobile," the Englishmen retorts with disbelief "Look at the papers: This car is designed to carry five persons".
"You can not pull that one on me," replies Paddy "Quattro means four You have five people in your car and you are therefore breaking the law"
The Englishmen replies angrily, "You idiot! Call your supervisor over I want to speak to someone with more intelligence!".
"Sorry," responds Paddy, "Murphy is busy with 2 guys in a Fiat Uno"
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This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
�I really don�t have a strong partisan style. I just like getting things done,� said Hellmann.
Under his helm, the lobbying team at the Information Technology Industry Council (ITI) has earned a reputation as a smart and aggressive advocate on Capitol Hill for the high-tech cause.
Hellmann, 46, joined ITI in 2001 after several years advising House Republican leaders, including then-House Speaker Dennis Hastert (R-Ill.). But politics was not always foremost on the Florida native�s mind. He describes himself as a former �beach bum� who did not vote in the 1980 presidential election because he could not choose between Ronald Reagan and Jimmy Carter.
�Now I know better,� Hellmann said.
By college, Hellmann�s interest in Washington had begun to simmer. He majored in political science and says he typically flipped to C-SPAN instead of MTV. In 1984, he took a job as a paid intern to then-Rep. Buddy MacKay (D-Fla.).
Hellmann soon after switched sides and began to move up the ranks. He worked for several prominent GOP lawmakers, such as Rep. Newt Gingrich (Ga.), before becoming a key adviser to party leadership. There, Hellmann helped to push through welfare reform, anti-poverty legislation and the No Child Left Behind Act.
The lobbyist always strived for results in Congress and saw the need for both parties to work together. Hellmann put that philosophy into practice as the liaison between then-House Majority Whip Tom DeLay (R-Texas) and the coalition of Blue Dog Democrats.
�He knows substance, but even more importantly, he knows the institutional quirks and the process as well as anybody in town,� said Rep. Adam Putman (Fla.), the House Republican Conference chairman. Putnam credits Hellmann with educating members on �how the technology sector is a driver of the economy.�
As ITI�s senior vice president of government relations, Hellmann says it is not difficult to lobby for his trade group�s members � corporations like Dell and eBay � since they are �the coolest companies in the world.�
�We call it the �wow� effect,� said Hellmann. But gone are the days when high-powered executives for tech companies could fly into Washington once a year, meet with lawmakers and expect to achieve what they wanted on Capitol Hill, according to the lobbyist. Now, a daily, active presence is necessary to keep check on Congress, which can affect the industry on multiple fronts.
Increasingly, other well-heeled business lobbies with decades of experience in Washington are weighing in against tech companies� interests. �We have to match them in shoe leather,� said Hellmann.
Adam Kovacevich, Google�s Washington spokesman, described Hellmann as an excellent advocate for the tech cause � a �good consensus-builder� who has �a great understanding of what is actually possible on the Hill.�
�He has never stopped building relationships with new generations of staff,� said Kovacevich, who worked at ITI in 2005.
To maintain ITI�s lobbying prowess, the trade group executive has helped assemble a team of �type-A personalities� who can work with both parties and understand how Congress works. Each lobbyist has between five and 10 years of government service, Hellmann estimated.
�With Rahm, we moved a million miles a minute and we got things done. I felt ITI worked the same way,� said Jon Hoganson, who recently joined ITI from House Democratic Caucus Chairman Rahm Emmanuel�s (Ill.) office. �It wasn�t about white papers and setting up meetings.�
Hellmann credits ITI�s quick action with helping to convince Congress to set a date for the country to move from analog to digital television. The trade group and its member companies formed the DTV Coalition, and stressed in Hill meetings that the sale of spectrum bandwidth could generate $10 billion in federal revenue, according to Congressional Budget Office estimates.
More recently, ITI has waded into the emotional battle over immigration. Hellmann�s German-born parents came to America in 1956 on his father�s employment visa, so the debate has special resonance for the lobbyist.
�There is a strong nativist element in Washington right now,� said Hellmann. Republicans have weighed in against immigration reform.
Democrats, meanwhile, have railed against trade deals, another ITI priority.
With so much on the trade group�s plate, Hellmann plans to keep ITI up to date on Washington�s happenings and sees no need to slow down.
�Politics is a fast-moving sport,� Hellmann said.
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Waiter: I've stewed liver, boiled tongue and frog's leg.
Customer: Don't tell me your problems. Give me the menu card.
Q: What did the gangster's son tell his dad when he failed his examination?
A: Dad they questioned me for 3 hours but I never told them anything."
Wife : Do you want dinner?
Husband : Sure, what are my choices?
Wife : Yes and No.
First guy (proudly) : "My wife's an angel!"
Second guy: "You're lucky, mine's still alive."
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A man is getting into the shower just as his wife is finishing up her shower, when the doorbell rings.
The wife quickly wraps herself in a towel and runs downstairs. When she opens the door, there stands Bob, the next-door neighbor.
Before she says a word, Bob says, "I'll give you $800 to drop that towel, "
After thinking for a moment, the woman drops her towel and stands naked in front of Bob After a few seconds, Bob hands her $800 and leaves.
The woman wraps back up in the towel and goes back upstairs.
When she gets to the bathroom, her husband asks, "Who was that?"
"It was Bob the next door neighbor," she replies.
"Great," the husband says, "did he say anything about the $800 he owes me?"
Moral of the story
If you share critical information pertaining to credit and risk with your shareholders in time,you may be in a position to prevent avoidable exposure.
A sales rep, an administration clerk, and the manager are walking to lunch when they find an antique oil lamp. They rub it and a Genie comes out.
The Genie says, "I'll give each of you just one wish."
"Me first! Me first!" says the admin clerk. "I want to be in the Bahamas, driving a speedboat, without a care in the world."
Puff! She's gone.
"Me next! Me next!" says the sales rep. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an endless supply of Pina Coladas and the love of my life.."
Puff! He's gone.
"OK, you're up," the Genie says to the manager.
The manager says, "I want those two back in the office after lunch."
Moral of the story
Always let your boss have the first say.
An eagle was sitting on a tree resting, doing nothing. A small rabbit saw the eagle and asked him, "Can I also sit like you and do nothing?"
The eagle answered: "Sure , why not."
So, the rabbit sat on the ground below the eagle and rested. All of a sudden, a fox appeared, jumped on the rabbit and ate it.
Moral of the story
To be sitting and doing nothing, you must be sitting very, very high up.
A turkey was chatting with a bull. "I would love to be able to get to the top of that tree," sighed the turkey,"but I haven't got the energy."
"Well, why don't you nibble on some of my droppings?" replied the bull.
They're packed with nutrients."
The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree.
The next day, after eating some more dung, he reached the second branch.
Finally after a fourth night, the turkey was proudly perched at the top of the tree. He was promptly spotted by a farmer, who shot him out of the tree.
Moral of the story
BullShit might get you to the top, but it won't keep you there.
A little bird was flying south for the Winter.It was so cold the bird froze and fell to the ground into a large field. While he was lying there, a cow came by and dropped some dung on him. As the frozen bird lay there in the pile of cow dung, he began to realize how warm he was.
The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy.
A passing cat heard the bird singing and came to investigate.
Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him..
Morals of this story
(1) Not everyone who shits on you is your enemy.
(2) Not everyone who gets you out of shit is your friend..
(3) And when you're in deep shit, it's best to keep your mouth
Where is lesson 2?
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"Listen, you don't have to spend that kind of money," Mike replies. "There's a diagnostic computer down at Wal-Mart. Just give it a urine sample and the computer will tell you what's wrong and what to do about it. It takes ten seconds and costs ten dollars . A lot cheaper than a doctor."
So, Joe deposits a urine sample in a small jar and takes it to Wal-Mart.
He deposits ten dollars, and the computer lights up and asks for the urine sample. He pours the sample into the slot and waits.
Ten seconds later, the computer ejects a printout:
"You have tennis elbow. Soak your arm in warm water and avoid heavy activity. It will improve in two weeks. Thank you for shopping @ Wal-Mart." That evening, while thinking how amazing this new technology was, Joe began wondering if the computer could be fooled.
He mixed some tap water, a stool sample from his dog, urine samples from his wife and daughter, and a sperm sample for good measure.
Joe hurries back to Wal-Mart, eager to check the results. He deposits ten dollars, pours in his concoction, and awaits the results.
The computer prints the following:
1. Your tap water is too hard. Get a water softener. (Aisle 9)
2. Your dog has ringworm. Bathe him with anti-fungal shampoo. (Aisle 7)
3. Your daughter has a cocaine habit. Get her into rehab.
4. Your wife is pregnant. Twins. They aren't yours. Get a lawyer.
5. If you don't stop playing with yourself, your elbow will never get better!
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At the bar he sees a beautiful woman and starts talking to her.They have a couple of beers and one thing leads to another and they end up in her apartment. After they've had their fun, he realizes its 3AM and says, "Oh no, its so late, my wife's going to kill me. Have you got any talcum powder?" She gives him some talcum powder, which he proceeds to rub on his hands and then he goes home.
His wife is waiting for him in the doorway and she is pretty angry.Where the hell have you been?". Well, honey, it's like this. I went to the store like you asked, but they were closed. So I Went to the bar to use the vending machine. I saw this great looking girl there and we had a few drinks and one thing led to another and I ended up in Bed with her.
"Oh yeah? Let me see your hands!"
She sees his hands are Covered with powder and says...
"You God damn liar!!! You were playing pool again!!!"
Moral of the story:
Always tell your wife the truth. She won't believe you anyway. At least your conscience is clear
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Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
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because they actually hire Americans.
Chill out pal, don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.
I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
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yet I'm reading the darnest things here from people who apparently read 2 lines from wikipedia, copy and paste here then start talking like they know everything about the arab-israeli conflict and think they can analyze it..
The phrase foxnews and similar media have everyone parroting here is "Israel is surrounded by hostile arab countries that waged wars against it several times. Israel is always in self defense" Let's see..
1948: Israeli Irgun and Shtern gangs, the prototype of the israeli army were going village to village massacring palestinians to drive them out of their villages to annex them to newly created israel which they did.. arab nations who were mostly still under colonial influence sent their police-like forces to try to protect the palestinians, but of course they were no match for the mostly european WWII-veterans Israeli forces
1956: In a dispute between Egypt, Britain and France over the control of Suez canal that in no way involves Israel, Israel attacked Egypt and took control of Sinai peninsula until Soviets and US urged it to leave.
1967: Without a single bullet shot at Israel, it attacked Egypt, Syria, Jordan, Gaza and the west bank, occupying Egypt's Sinai, Syria's Golan heights, and annexing gaza, East Jerusalem and the west bank.
1973: Only time Arabs started the offensive, Egypt and Syria attacked to get back their occupied lands. Egypt managed to get part of Sinai, and got the rest through peace treaty. Syria failed and the golan is still occupied till this day.
1982: Israel invading Lebanon and occupying southern Lebanon till 2000.. Reason was meddling in a conflict between Palestinian refugees in Lebanon and Lebanese factions in which none of these parties attacked Israel.
60 years have passed with the civilized world issuing UN resolutions for israel to end its occupation and to let the millions of displaced Palestinians return to their homes inside israel and Israel rejecting them. Then we have the courage to blame the Palestinians for not taking it easy, accepting the miserable conditions israel imposed on them and firing their 7000 fire crackers that killed 4 people.. the ungrateful bastards!!
I got a negative comment on this one saying "watch ur language"!!!
someone didn't get the sarcasm in me calling the palestinians bastards, the whole message was defending them buddy
A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.
On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.
Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.
I hope this sounds logical to atleast some of you folks.
Deduction is not same as TAX credit. When you get a tax credit of $3000 . you save $3000, but when you get $3000 tax deduction, you only save $3000 * .28 or .33 whatever is your highest tax bracket. For most married couples it should be either 28% or 33% of their income. Hence you only save 28% of the interest + taxes. It can help further reduce your tax bracket if you have educational loan or charity contributions etc by bringing your taxable income down. Further reduction in tax bracket can help you qualify for additional deductions.
However, if I am paying $1000 as interest, then I am only saving $310 or $280 in deudctions, but I am still left to pay $690 as interest.
ValidIV, is stressing on 30 yrs of home ownership, however, what we are saying is prices may go down 20% further. If that happens, then you are losing your downpayment and it may take years for your home value return to what you paid with interest.
If you buy a house $550K, over 30 years you end up paying more than 600K in interest only. Forget about taxes or HOA fees. Calculate the tax deductions and let me know how much sense did it make to pay that amount if the value of house further depreciates 20% in next 2 years Vs. waiting for 2 years, having 1-2% rate increase, going in with double down payment and flat house price or 1-2% increase.