unitednations
03-24 07:28 PM
UN,
I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.
The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.
US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.
This is one of those things that people are going to agree to disagree.
btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).
I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.
The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.
US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.
This is one of those things that people are going to agree to disagree.
btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).
wallpaper The first leak from Big Sean#39;s
GotGC??
02-21 12:46 PM
The estate no doubt belonged to his forefathers - who were native Indians and not some immigrant scum - and has been handed down to him thru the generations.
But this Asswipe has 800,000 Viewers on his Show.Gets $6 Million From CNN and lives in a 300 Acre Home in Sussex County, New Jersey.:eek:
But this Asswipe has 800,000 Viewers on his Show.Gets $6 Million From CNN and lives in a 300 Acre Home in Sussex County, New Jersey.:eek:
nogc_noproblem
08-07 02:06 PM
Instructions: Just read the sentence straight through quickly without really thinking about it.
Acocdrnig to an elgnsih unviesitry sutdy the oredr of letetrs in a wrod dosen't mttaer, the olny thnig thta's iopmrantt is that the frsit and lsat ltteer of eevry word is in the crcreot ptoision. The rset can be jmbueld and one is stlil able to raed the txet wiohtut dclftfuiiy.
Amazing, isn't it?
Acocdrnig to an elgnsih unviesitry sutdy the oredr of letetrs in a wrod dosen't mttaer, the olny thnig thta's iopmrantt is that the frsit and lsat ltteer of eevry word is in the crcreot ptoision. The rset can be jmbueld and one is stlil able to raed the txet wiohtut dclftfuiiy.
Amazing, isn't it?
2011 Big Sean – Finally Famous NEW
desi3933
07-11 12:12 PM
My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
more...
chandlerguy98
09-26 12:39 PM
I know CIR was not very friendly.I do not beleive the CIR that comes up next year would be the same exact CIR as 2007. Because we have had varied versions of CIR from 05,06&07. I believe the CIR 09 will be much more friendly to us.even look at CIR 2007, sec 502,503, it increases EB quota to 450K and increases per country cap and Also has provisions for visa re capture. Also i dont think CIR 2009 will be written by Durbin. CIR 07 was mainly written by Kennedy not Durbin. I know Durbin hates H1&EB but i believe he is a minority opnion in a majority of democrats. so dont loose hope..Also what Obama during last CIR was an election ploy..We know mccain in his heart is friendly towards immigrants, but to win republicans he is showing he is tough on immigration. The same way with obama, to please labor unions, he put a show during CIR 07. I personally feel none of this matters when they become presidents, they will govern with majority opinion. I dont think majority opinion hates EB&GC. Heck dubya was against nation building when he ran for president and now he stuck with rebuilding irag for years to come.
waitnwatch
05-24 12:17 PM
Did the brownback amendment pass with the CIR?
Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............
Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............
more...
unitednations
03-26 02:32 AM
http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
2010 know the album leaked.
thomachan72
08-06 01:31 PM
I am going to lodge a complaint with the IV administrators to close this thread. My belly muscles are hurting bad by laughing continuously. Wow friends, this is a selected lists, "cream from all the jokes". Please keep it going :D:D:D
more...
paskal
04-09 12:24 PM
Why do you need to hire other person if Joe is fit f
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
i can only answer from a personal perspective.
that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
i can only answer from a personal perspective.
that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.
hair BIG SEAN - quot;FINALLY FAMOUS
waitnwatch
08-05 05:22 PM
Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)
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.
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.
more...
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,
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,
hot ig sean finally famous the
niklshah
07-13 09:29 PM
I hope you get your GC soon. As for me its 'wait until dark'. It'll come some day.
And NO I am not an IT EB2. I am a non-STEM MBA in Finance who does not pratice engineering anymore.
you did not get my post...last thing we want is silly argument regarding EB2 and EB3................
And NO I am not an IT EB2. I am a non-STEM MBA in Finance who does not pratice engineering anymore.
you did not get my post...last thing we want is silly argument regarding EB2 and EB3................
more...
house Big Sean – Finally Famous
nogc_noproblem
08-05 02:10 PM
When a physician remarked on a new patient's extraordinarily ruddy complexion...
... he said, "High blood pressure, Doc. It comes from my family."
"Your mother's side or your father's?" I asked.
"Neither," he replied. "It's from my wife's family."
"Oh, come now," I said. "How could your wife's family give you high blood pressure?"
He sighed. "You oughta meet 'em sometime, Doc!"
... he said, "High blood pressure, Doc. It comes from my family."
"Your mother's side or your father's?" I asked.
"Neither," he replied. "It's from my wife's family."
"Oh, come now," I said. "How could your wife's family give you high blood pressure?"
He sighed. "You oughta meet 'em sometime, Doc!"
tattoo wallpaper So Big Sean#39;s
fide_champ
04-05 04:05 PM
:eek:
I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...
Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg
and:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg
Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.
Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.
I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:
http://calculatedrisk.blogspot.com/
http://www.irvinehousingblog.com/
http://housingpanic.blogspot.com/
http://globaleconomicanalysis.blogspot.com/
I like this website for people just starting out to get more financially educated (in an entertaining way):
http://www.minyanville.com/
Good luck and please be careful before 'taking the plunge!'
jung.lee,
I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...
Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg
and:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg
Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.
Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.
I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:
http://calculatedrisk.blogspot.com/
http://www.irvinehousingblog.com/
http://housingpanic.blogspot.com/
http://globaleconomicanalysis.blogspot.com/
I like this website for people just starting out to get more financially educated (in an entertaining way):
http://www.minyanville.com/
Good luck and please be careful before 'taking the plunge!'
jung.lee,
I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
more...
pictures Sean#39;s Finally Famous Vol.
mpadapa
09-30 04:07 PM
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
dresses Big Sean – Finally Famous: The
gcgreen
08-06 12:59 PM
Same as you, I saw your post and couldn't help responding :-)
For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)
But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.
Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.
Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.
What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)
But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.
Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.
Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.
What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
more...
makeup Download Big Sean What Goes
mhathi
09-26 10:01 AM
Here's something from his website. I am not one hundred percent sure of what he will do but I do remember him talking about increasing EB GCs early on in his presidency bid.
"Improve Our Immigration System
Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "
I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.
"Improve Our Immigration System
Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "
I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.
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i4u
09-20 08:11 AM
How many believe that the vote on Tuesday will allow for the inclusion of Dream Act in the Defense Authorization Bill?
How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?
How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?
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h1techSlave
12-26 01:38 PM
A full fledged war between India and Pakistan is very very unlikely.
sumanitha
12-22 07:49 PM
http://www.youtube.com/watch?v=VORdATj6s4w&eurl=http://video.google.com/videosearch?q=zakir+naik+2008&emb=0&aq=1&oq=zakir+nai
Macaca
12-23 10:53 AM
Pelosi's first year as House speaker marked by little change on war (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/12/23/MNOUU26C5.DTL&tsp=1) By Zachary Coile | SF Chronicle, Dec 23, 2007
The last day of the House's 2007 session last week summed up the turbulence of Nancy Pelosi's history-making first year as House speaker.
In the morning, she beamed a wide smile as she stood beside President Bush while he signed an energy bill with the first major increase in fuel economy standards in 30 years.
But by Wednesday afternoon, her party was facing two of its biggest defeats. To keep the alternative minimum tax from hitting 20 million Americans next year, Democrats had to abandon their pledge not to pass any legislation that increased the deficit.
Then Pelosi, whose party took control of Congress pledging to change course in Iraq, watched the House approve $70 billion in war funding, part of a budget deal that avoided a government shutdown. Members of her own party denounced it as a capitulation to the White House.
"The war in Iraq is the biggest disappointment for us, the inability to stop the war," Pelosi told reporters in a group interview in her ceremonial office just hours before the war vote. She quickly pegged the blame on congressional Republicans.
The Democrats' failure to shift the war's direction, their No. 1 priority for the year, has eclipsed many of the party's successes on other issues, including raising the minimum wage for the first time in a decade and passing the strongest ethics and lobbying reforms since Watergate.
And Bush, despite his lame-duck status, outflanked Democrats in the end-of-year budget fight - forcing them to accept his number, $555 billion in domestic spending, and funding for Iraq - simply by refusing to yield.
Asked about the setbacks last week, Pelosi, as she has all year, flashed her most optimistic smile and refused to be drawn into the criticism.
"Almost everything we've done has been historic," she said.
But if Pelosi is smiling, so are Republicans. They began the year defeated and demoralized. But they have since shown surprising unity, backing the president on the war and finding new purpose in blocking Democrats' spending initiatives.
"We've stood up to them every step of the way," House Minority Leader John Boehner, R-Ohio, said last week.
The tense mood among Democrats in the session's final weeks was a marked contrast from the festive first weeks of the new Congress, when Pelosi was sworn in as the nation's first female speaker, surrounded by children on the House floor. She promised to lead Congress in a new direction.
Democrats took off on a legislative sprint in which they quickly approved their "Six for '06" agenda including raising the minimum wage, cutting interest rates on student loans, backing federally funded embryonic stem cell research, and revoking tax breaks for oil companies.
But the bills bogged down in the Senate, where the Democrats' 51-49 majority is so thin it allowed Republicans to determine what would be passed. Democrats have struggled to get the 60 votes needed to overcome filibusters, which are now an almost daily experience in the Senate.
"Pelosi suffered the same ailment that (former Republican House Speaker) Newt Gingrich suffered from when he became speaker: Senate-itis," said Norman Ornstein, a congressional scholar at the American Enterprise Institute. "A lot of what the House accomplished this year either sat in the Senate or got eviscerated by the Senate. What you are left with is not nearly as robust as what you started with."
Even the energy bill, the Democrats' crowning achievement, was stripped of a broad tax package and a renewable electricity standard that would have pushed the nation toward wind and solar power. Still, the fuel economy piece alone is expected to save 2.3 million barrels of oil a day by 2020 - more than the United States currently imports from the Persian Gulf.
Pelosi had to make some painful trade-offs. To get the minimum wage hike signed, Democrats had to attach it to a $120 billion war spending bill.
Other elements of her agenda fell victim to Bush's veto pen. Congress twice passed a bill with bipartisan support to expand the state children's health insurance program to cover 4 million more children. Bush twice vetoed it, forcing Democrats to settle for an 18-month extension of the current program.
Pelosi and her Senate counterpart, Majority Leader Harry Reid, D-Nev., held countless votes on war measures setting timetables for the withdrawal of U.S. troops and other restrictions on Bush's policy. But their strategy counted on Republicans switching sides - and very few did.
"I didn't foresee that," Pelosi acknowledged. "We thought they would reflect the wishes and views of their constituents."
Some critics called the assumption naive. Anti-war groups have urged her to use Congress' power of the purse to simply cut off funds for the war, but Pelosi opposes the move, which many Democrats fear would be seen as undermining the troops. Instead the party has pushed for a "responsible redeployment" - meaning funding the war, but with strings attached.
In October, Pelosi's ally and the House's top appropriator, David Obey, D-Wis., said Democrats would draw a line in the sand: They would refuse to pass any more war funding without a timeline for withdrawal. But by last week, with the budget impasse threatening to shut down the government, Democrats dropped the strategy.
Rep. Lynn Woolsey, D-Petaluma, a founding member of the Out of Iraq Caucus, said the Democrats' mistake was not to force the threat to deny funds earlier in the year.
"I wish she could have been bolder," Woolsey said, while acknowledging that Pelosi had to mediate between competing views in the caucus. "If we had started that earlier, we could have built on it until it reached a crescendo, because it's what the American people want."
The Democrats were left in a weak bargaining position at the end of the year. They needed to pass 11 spending bills, but Republicans and Bush demanded the $70 billion for the war in return. The president also held firm on his spending limits. If the impasse led to a government shutdown, Pelosi knew her party would receive much of the blame. So she agreed to the deal, with the concession that Democrats were able to preserve money for their priorities, including home heating aid for the poor and health care for veterans.
"We made it very clear months ago we were not going to shut down the government," said Rep. George Miller, D-Martinez, one of Pelosi's top lieutenants. "Tragically, that put the president in the driver's seat."
Miller said the fight over the war has obscured the progress Democrats made on other fronts, including cutting interest rates on loans for college students and passing a huge increase in veterans' benefits. He said Pelosi worked tirelessly to get the energy bill over the finish line.
"At the beginning of the year, people said we had no chance of getting an energy bill," Miller said. "This was a tour de force for her."
Pelosi also showed she was willing to buck some of her party's most powerful members to get her way. She went head-to-head with Rep. John Dingell, D-Mich., Detroit automakers' top ally, over raising fuel economy standards - and won. She pushed through an ethics reform bill that her friend Rep. John Murtha, D-Pa., called "total crap."
"Some of her colleagues when they took back Congress said, 'That reform message worked to get us elected, but now it's our turn.' " Ornstein said. "That has not been her attitude and her approach, and I give her credit for that."
Pelosi had clumsy moments, too. She pushed hard for a resolution denouncing Turkey's mass killings of Armenians during World War I as genocide, only to reverse course when it sparked a diplomatic fight, with Turkey threatening to reduce logistical support to U.S. troops in Iraq.
Republicans say she has reneged on a promise to run a more open House. Following a pattern set by the GOP when it ran the House for 12 years, Democrats have often rammed bills through, giving Republicans few opportunities to amend them.
"It's hard to work together when you're not even invited into the room," said Rep. Kay Granger, R-Texas.
But Pelosi's supporters say Republicans haven't been willing to compromise and have mostly tried to block Democrats from racking up accomplishments.
"The Republicans have frustrated us because they want to run a negative campaign saying the Democrats didn't accomplish anything," said Rep. Henry Waxman, D-Los Angeles.
The bickering in Congress, over the war and other issues, has taken a toll. When Democrats took power, Congress had an approval rating of 35 percent, but it's since dipped into the low 20s, according to the Gallup poll.
Pelosi is already crafting a strategy for next year, when the presidential race is likely to take some of the spotlight off Congress. With the war debate at an impasse, she's planning to push a series of measures on health care, the economy, the mortgage crisis and global warming.
If Democrats can't win on these issues, at the very least they can draw sharp distinctions with Republicans leading up to the fall elections, she said.
"One of the reasons we were able to be successful with the energy bill is that this is something we took to the American people," she said. "That is what we have to do next. We have to go public with many of these issues."
The last day of the House's 2007 session last week summed up the turbulence of Nancy Pelosi's history-making first year as House speaker.
In the morning, she beamed a wide smile as she stood beside President Bush while he signed an energy bill with the first major increase in fuel economy standards in 30 years.
But by Wednesday afternoon, her party was facing two of its biggest defeats. To keep the alternative minimum tax from hitting 20 million Americans next year, Democrats had to abandon their pledge not to pass any legislation that increased the deficit.
Then Pelosi, whose party took control of Congress pledging to change course in Iraq, watched the House approve $70 billion in war funding, part of a budget deal that avoided a government shutdown. Members of her own party denounced it as a capitulation to the White House.
"The war in Iraq is the biggest disappointment for us, the inability to stop the war," Pelosi told reporters in a group interview in her ceremonial office just hours before the war vote. She quickly pegged the blame on congressional Republicans.
The Democrats' failure to shift the war's direction, their No. 1 priority for the year, has eclipsed many of the party's successes on other issues, including raising the minimum wage for the first time in a decade and passing the strongest ethics and lobbying reforms since Watergate.
And Bush, despite his lame-duck status, outflanked Democrats in the end-of-year budget fight - forcing them to accept his number, $555 billion in domestic spending, and funding for Iraq - simply by refusing to yield.
Asked about the setbacks last week, Pelosi, as she has all year, flashed her most optimistic smile and refused to be drawn into the criticism.
"Almost everything we've done has been historic," she said.
But if Pelosi is smiling, so are Republicans. They began the year defeated and demoralized. But they have since shown surprising unity, backing the president on the war and finding new purpose in blocking Democrats' spending initiatives.
"We've stood up to them every step of the way," House Minority Leader John Boehner, R-Ohio, said last week.
The tense mood among Democrats in the session's final weeks was a marked contrast from the festive first weeks of the new Congress, when Pelosi was sworn in as the nation's first female speaker, surrounded by children on the House floor. She promised to lead Congress in a new direction.
Democrats took off on a legislative sprint in which they quickly approved their "Six for '06" agenda including raising the minimum wage, cutting interest rates on student loans, backing federally funded embryonic stem cell research, and revoking tax breaks for oil companies.
But the bills bogged down in the Senate, where the Democrats' 51-49 majority is so thin it allowed Republicans to determine what would be passed. Democrats have struggled to get the 60 votes needed to overcome filibusters, which are now an almost daily experience in the Senate.
"Pelosi suffered the same ailment that (former Republican House Speaker) Newt Gingrich suffered from when he became speaker: Senate-itis," said Norman Ornstein, a congressional scholar at the American Enterprise Institute. "A lot of what the House accomplished this year either sat in the Senate or got eviscerated by the Senate. What you are left with is not nearly as robust as what you started with."
Even the energy bill, the Democrats' crowning achievement, was stripped of a broad tax package and a renewable electricity standard that would have pushed the nation toward wind and solar power. Still, the fuel economy piece alone is expected to save 2.3 million barrels of oil a day by 2020 - more than the United States currently imports from the Persian Gulf.
Pelosi had to make some painful trade-offs. To get the minimum wage hike signed, Democrats had to attach it to a $120 billion war spending bill.
Other elements of her agenda fell victim to Bush's veto pen. Congress twice passed a bill with bipartisan support to expand the state children's health insurance program to cover 4 million more children. Bush twice vetoed it, forcing Democrats to settle for an 18-month extension of the current program.
Pelosi and her Senate counterpart, Majority Leader Harry Reid, D-Nev., held countless votes on war measures setting timetables for the withdrawal of U.S. troops and other restrictions on Bush's policy. But their strategy counted on Republicans switching sides - and very few did.
"I didn't foresee that," Pelosi acknowledged. "We thought they would reflect the wishes and views of their constituents."
Some critics called the assumption naive. Anti-war groups have urged her to use Congress' power of the purse to simply cut off funds for the war, but Pelosi opposes the move, which many Democrats fear would be seen as undermining the troops. Instead the party has pushed for a "responsible redeployment" - meaning funding the war, but with strings attached.
In October, Pelosi's ally and the House's top appropriator, David Obey, D-Wis., said Democrats would draw a line in the sand: They would refuse to pass any more war funding without a timeline for withdrawal. But by last week, with the budget impasse threatening to shut down the government, Democrats dropped the strategy.
Rep. Lynn Woolsey, D-Petaluma, a founding member of the Out of Iraq Caucus, said the Democrats' mistake was not to force the threat to deny funds earlier in the year.
"I wish she could have been bolder," Woolsey said, while acknowledging that Pelosi had to mediate between competing views in the caucus. "If we had started that earlier, we could have built on it until it reached a crescendo, because it's what the American people want."
The Democrats were left in a weak bargaining position at the end of the year. They needed to pass 11 spending bills, but Republicans and Bush demanded the $70 billion for the war in return. The president also held firm on his spending limits. If the impasse led to a government shutdown, Pelosi knew her party would receive much of the blame. So she agreed to the deal, with the concession that Democrats were able to preserve money for their priorities, including home heating aid for the poor and health care for veterans.
"We made it very clear months ago we were not going to shut down the government," said Rep. George Miller, D-Martinez, one of Pelosi's top lieutenants. "Tragically, that put the president in the driver's seat."
Miller said the fight over the war has obscured the progress Democrats made on other fronts, including cutting interest rates on loans for college students and passing a huge increase in veterans' benefits. He said Pelosi worked tirelessly to get the energy bill over the finish line.
"At the beginning of the year, people said we had no chance of getting an energy bill," Miller said. "This was a tour de force for her."
Pelosi also showed she was willing to buck some of her party's most powerful members to get her way. She went head-to-head with Rep. John Dingell, D-Mich., Detroit automakers' top ally, over raising fuel economy standards - and won. She pushed through an ethics reform bill that her friend Rep. John Murtha, D-Pa., called "total crap."
"Some of her colleagues when they took back Congress said, 'That reform message worked to get us elected, but now it's our turn.' " Ornstein said. "That has not been her attitude and her approach, and I give her credit for that."
Pelosi had clumsy moments, too. She pushed hard for a resolution denouncing Turkey's mass killings of Armenians during World War I as genocide, only to reverse course when it sparked a diplomatic fight, with Turkey threatening to reduce logistical support to U.S. troops in Iraq.
Republicans say she has reneged on a promise to run a more open House. Following a pattern set by the GOP when it ran the House for 12 years, Democrats have often rammed bills through, giving Republicans few opportunities to amend them.
"It's hard to work together when you're not even invited into the room," said Rep. Kay Granger, R-Texas.
But Pelosi's supporters say Republicans haven't been willing to compromise and have mostly tried to block Democrats from racking up accomplishments.
"The Republicans have frustrated us because they want to run a negative campaign saying the Democrats didn't accomplish anything," said Rep. Henry Waxman, D-Los Angeles.
The bickering in Congress, over the war and other issues, has taken a toll. When Democrats took power, Congress had an approval rating of 35 percent, but it's since dipped into the low 20s, according to the Gallup poll.
Pelosi is already crafting a strategy for next year, when the presidential race is likely to take some of the spotlight off Congress. With the war debate at an impasse, she's planning to push a series of measures on health care, the economy, the mortgage crisis and global warming.
If Democrats can't win on these issues, at the very least they can draw sharp distinctions with Republicans leading up to the fall elections, she said.
"One of the reasons we were able to be successful with the energy bill is that this is something we took to the American people," she said. "That is what we have to do next. We have to go public with many of these issues."
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