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  • desi3933
    08-05 04:06 PM
    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002





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  • alisa
    01-10 11:22 AM
    Israel is not invading Gaza for no reason. Why do coward Palestinians need to fire rockets and send those suicide bombers to blow themselves? Muslims need to stop violence in the name of their religion. Why don't you stop killing people, so you would get 72 virgins in some loser world! Israel is doing the right thing and I will support its action. Yes, innocent people get killed, but Hamas need to fight in the open field instead of launching rockets from schools and hospitals.

    Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.

    Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.

    Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.





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  • brad_sk2
    01-06 03:03 PM
    Thats why Indian Govt. freed ruthless terrorists to save innocent civilians?
    Don't write crap just for the sake of argument.

    When Indian government can release ruthless terrorists in order to save Indians, Do you think people belong to Palestinian govt. elected by Palestinians will hide in schools in order to get killed by ruthless enemy?

    Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?

    Dude, why don't you stop the crap comparing Palestine situation to situation in India. They are different. Hamas is terrorist organization elected by the people & so they (Hamsas) are responsible for their civilian deaths as they use civilians as shield, PERIOD.





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  • krishnam70
    03-26 08:17 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris



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  • logiclife
    02-21 11:16 AM
    Today, Lou Dobbs has written on more article.

    This time, Lou Dobbs is having a lot of admiration and good words to say about.....guess what ...LOU DOBBS.

    Yes, Lou Dobbs loves Lou Dobbs. He has created a whole new class of people in this country. He says that there are 150 million "Lou Dobbs Democrats" in the country the no ones knows about.

    Read the whole article here (http://www.cnn.com/2007/US/02/20/Dobbs.February21/index.html)

    Excerpts of Lou Dobbs talking about how great and popular Lou Dobbs is...

    The ascension of the so-called Lou Dobbs Democrats in the November election gave hope to many that our representatives and senators were awakening to the need to represent the largest single group of voters in the country, 150 million working men and women and their families.
    --Lou Dobbs, Feb 21 2007.

    The Democratic Leadership Council is obviously frightened that my brand of independent populism is a threat.
    --Lou Dobbs again, on Feb 21 2007, when absolutely in awe of Lou Dobbs.

    I call that independent populism, not neo-populism. And I also call that truth.

    --Lou Dobbs, calling Lou Dobbs an INDEPENDENT populist while writing a column praising Lou Dobbs.

    In the case of the Democratic Party, there seems to be a rising fear that more Lou Dobbs Democrats are on the way and are going to demand truth over slogans and an improving reality for working men and women rather than ideological posturing that will salve the corporate masters of both parties.

    --Lou Dobbs, describing the Lou Dobbs brand of Democrats.

    Geeezzz...really. Why doesnt he just run for office instead of campaigning from CNN.





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  • bfadlia
    01-09 04:26 PM
    This is the simple logic everybody tried to convey to Refugee_now in 15 pages of this thread. But he don't understand or don't want to !!!!

    so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
    Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.



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  • Administrator2
    04-06 07:47 PM
    Green card is for convenience – H-1B status is for survival!!!!

    As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.

    If we cannot stay in the US on H-1, then there is no possibility of a green card.

    Details of the discriminatory and impractical Senate bill
    Here is the link to bill summary:
    http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
    Please see section 2(e) and section 2(f)

    Here is the link to bill test:
    http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf

    The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!

    Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.

    This discriminatory bill will have following effects:

    1.) This bill will hurt all sectors of the US economy, directly and indirectly.

    2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.

    3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.

    Timeline and Urgency of this massive issue
    This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.

    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.

    Please standby for more information and action items.


    -----------------------------------------------------------------------------------------------------------------
    Clarification
    -----------------------------------------------------------------------------------------------------------------
    There is going to be no difference whether you ...

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    Hopefully, this will answer some of the questions.





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  • lfwf
    08-06 03:45 PM
    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?

    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)



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  • alterego
    10-03 02:48 PM
    Fundamental decency and fairness demand that this issue be addressed by congress. When one comes to this country at the invitation of their employer, works hard, abides by all the laws, pays into the social safety net and taxes with not even a vote in the country, and with the implicit belief in the founding principles of this country as a country of immigrants. I feel it is truly against the core principles that strengthened this country.
    What am I to do after 11 yrs here, having invested my youth and my hopes in this country. Where am I to go, to start over. Why? What of the disruption to those whose job depends on my presence here?
    Only a right wing ideologue nativist can argue that those like us should not be given full acceptance in society. It is apparent to every observer that there is a xenophobic slant to their argument. If an argument is made against us, why not an argument by native Americans that their homeland was stolen. No number of generations of presence here could effectively address that. The irony is that the quality of life of indigenous americans has been enriched by the presence of immigrants. It is a part of the magic of America. It is a magic that no ideologue should be allowed to extinguish.
    I sincerely hope Barack Obama can reignite this threatened ideal in America. He has the awareness of the issues around it and the skills to do it, but will he? I don't know but I certainly hope so.





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  • natrajs
    08-05 11:14 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    I am a EB2 - I filer (This is my third EB2- 1st on 2001, 2nd on 2002 and finally I got settled with my third EB2 (2004) and employer)

    I was lucky that all my employers were understands that I am EB2 plus the job description warranted for EB2, But in many EB3 cases they were exploited by attorneys and employers and it is very unfair

    It�s my opinion, I am sure that you will differ on mine, that is ok,



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  • ThinkTwice
    09-26 02:35 PM
    I like Mccain to be the president. Based on his experience and his involvement for the country.

    Also Mccain is a great candidate for us.

    "involvement" ...how does that qualify some one to be president, I am not for McSame or Obama but I know one thing for sure... Who ever is the next president has his work cut out and what this country needs is a visionary leader, not some one with the same of what has got this country into this mess.





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  • akred
    04-07 01:35 PM
    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?

    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html



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  • quizzer
    04-08 04:19 PM
    I look at this bill in a different perspective:

    1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.

    2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.

    Thanks





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  • Marphad
    01-06 01:38 PM
    Refugee_New,

    It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.

    It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.

    People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.

    My sympathies are with poor innocent kids of palestine got killed.

    But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.



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  • JunRN
    06-07 01:39 AM
    Have you done your math ? Granted those $250 looks chump change for you, but what if it was invested for a return of 5% while the house may not be back at sales level for another 10 to 15 years ?

    No one will argue with you about buying a house for yours kids pleasure though.

    If you look at the details I posted, only $1050 goes to interest, insurance, and taxes. $400 goes to the principal. So, compared that to my $1200 rental, it is still wise choice. Isn't it?

    As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.

    For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.

    If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.





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  • vamsi_poondla
    09-30 10:30 PM
    Rightly said. This is the case with most of us mpadapa. We too are in the process of starting Australia PR. Perth area, while not as great as Silicon Valley, according to many, is a breeding ground for innovation.

    I cannot let this uncertainty - whether Obama's immigration policy will be same as Durbin's immigration policy for highly skilled immigrants - ruin my future. I have a career ahead and want to be in control of my fate.

    When I visited Statue Of Liberty last week, I had a strange feeling. First time I suspected that it is an age old fable that America used to accept immigrants with open arms to flourish - grow and contribute back. It seems too good to be true because our GC process is so irrational. 8 years wait for becoming PR in contrast with other western democracies could do it in < 5 years with a smoother process. Something wrong here.



    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



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  • alisa
    12-26 11:29 PM
    Amma,Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.

    So, you want to remove the threat of nuclear weapons by using them?


    Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
    IK Gujral stopped the covert ops. It need to be restarted.

    Ironically, those steps are exactly what the right-wing Pakistani establishment is afraid that India is currently undertaking to destabilize Pakistan.


    Peace,
    G
    Peace indeed.....





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  • gcbikari
    08-11 04:58 PM
    Where is lesson 2?


    Lesson 2:

    A priest offered a Nun a lift. She got in and crossed her legs, forcing her gown to reveal a leg. The priest nearly had an accident. After controlling the car, he stealthily slid his hand up her leg.
    The nun said, "Father, remember Psalm 129?"
    The priest removed his hand. But, changing gears, he let his hand slide up her leg again.
    The nun once again said, "Father, remember Psalm 129?"
    The priest apologized "Sorry sister but the flesh is weak."
    Arriving at the convent, the nun sighed heavily and went on her way.
    On his arrival at the church, the priest rushed to look up Psalm 129 It said, "Go forth and seek, further up, you will find glory."

    Moral of the story
    If you are not well informed in your job, you might miss a great opportunity.





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  • Ramba
    08-05 02:28 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

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

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

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

    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..





    pthoko
    07-11 01:57 PM
    Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.

    Thanks!


    QUOTE





    jhegde
    08-02 03:47 PM
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