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EB2-buddy
02-11-2011, 12:54 PM
EB3 India advanced to 15th March 2002.
No change for EB2 India.
Probably Porting is changing the dice!!!

vishwak
02-11-2011, 12:56 PM
For EB2-I:
May be need to wait till July bulletin comes.

spulapa
02-11-2011, 01:04 PM
Congratulations and All the best to all who have become current...!!

Michael chertoff
02-11-2011, 01:04 PM
For EB2-I:
May be need to wait till July bulletin comes.

we should start calling senators to ban EB3 to EB2 porting.

MC

raj1998
02-11-2011, 01:12 PM
we should start calling senators to ban EB3 to EB2 porting.

MC


well they always listen.. but you need to make sure you tell them about porting.. As hardly any senator knows about Employment based immigration, those who know dont know about EB categories and then those who know this I am sure dont know about porting...
So its going to be a long call ... make sure you have enough time allocated for the call.. :)

punjabi
02-11-2011, 01:12 PM
Don't blame all EB3 guys for that. For some of them, Porting is their only hope and solution to end their long wait!

We need to push forward a reform that will move EB2 dates forward, rather than censoring EB to EB2 porting.

we should start calling senators to ban EB3 to EB2 porting.

MC

deepimpact
02-11-2011, 01:25 PM
Don't blame all EB3 guys for that. For some of them, Porting is their only hope and solution to end their long wait!

We need to push forward a reform that will move EB2 dates forward, rather than censoring EB to EB2 porting.

Any change which keeps the total no. of visas available the same but moves visa nos. from one category to another like changing spillover rule or banning porting is only going to help one section at the cost of the other. The goal should be to push for changes which either increase total nos. available (recapture or increase in total annual quota of 140K) or exempt certain folks from cap nos.(STEM graduates/Dependants,etc) or a combination of both. This will help all the sections irrespective of EB or country (some may get immediate benefit and some after a couple years).

ddanait
02-11-2011, 01:26 PM
Guys.. Lets not start fight between EB2 and EB3, remember we all are fighting for the same cause and we have to work together towards acheiving it.

Let's focus on getting as many people as possible for the Advocacy day in April, get in touch with all your friends in DC since its local for them so that they can spread the word and get as many people as possible.

Lets make things happen... for all of us....

gvenkat
02-11-2011, 01:28 PM
Most of the EB2 seems so pompous. The reality is if you work in bigger corporates they will not file EB-2 even if you have master's degree.

I for one have a master's and was filed under Eb3 in Dec 2003. If folks wants to move and have the opportunity they should. If i get one I will move to Eb2.

How many EB2 have Master's here? :mad:

tonyHK12
02-11-2011, 01:29 PM
Lets not fight, as someone mentioned there is no magic pill, both queues will be slow. This is the solution - Meet the law makers (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html)

forgerator
02-11-2011, 01:35 PM
Most of the EB2 seems so pompous. The reality is if you work in bigger corporates they will not file EB-2 even if you have master's degree.

I for one have a master's and was filed under Eb3 in Dec 2003. If folks wants to move and have the opportunity they should. If i get one I will move to Eb2.

How many EB2 have Master's here? :mad:

I had masters, work for big corp and was filed under EB3 like you. After a few years and a promotion later, I was able to get filed under Eb2. It is still WIP though.

krishmunn
02-11-2011, 01:36 PM
we should start calling senators to ban EB3 to EB2 porting.

MC

Huh! On what basis ? You call them to ban EB3 to EB2 porting just because it is hurting you. And someone from ROW EB 3 will call to do vertical spillover rather than horizontal spill over And someone will call and ask to cancel all petitions filed based on Labor substitution and so on.

A sure way to confuse the senators even if they remotely thought of doing something for EB

hope4gc
02-11-2011, 01:38 PM
Frist the Stop on using Pre-approved lobour
Next Per Country Cap
Now if you are suggesting Ban on Porting, That will make all EB3 stand still unless there is a spill over to EB3, which may not happen at all

asdcrajnet
02-11-2011, 01:55 PM
we should start calling senators to ban EB3 to EB2 porting.

MC

Whats wrong in following a legal process if one is qualified to port from EB3 to EB2. You are no better than some Lawmen saying "Ban the immigrants. They are taking the jobs from US citizens" without knowing any facts...Please grow up.

InTheMoment
02-11-2011, 02:04 PM
Have a couple of grad degrees from US...

Big corporate filed EB2 because the job required it, not because I have one! There were a few others I know in different big fat companies, who have a MS and got filed in EB2 or EB3 based on the job requirement. Since when does an advanced degree make you automatically eligible to file in EB2 ?

Whatever the arguments for porting, it ain't making a big dent. One will see that coming last quarter of FY (July-Sept).

Most of the EB2 seems so pompous. The reality is if you work in bigger corporates they will not file EB-2 even if you have master's degree.

I for one have a master's and was filed under Eb3 in Dec 2003. If folks wants to move and have the opportunity they should. If i get one I will move to Eb2.

How many EB2 have Master's here? :mad:

akra
02-11-2011, 02:10 PM
I don't intend to point fingers at anyone, however the porting is not helping anyone.

It is common sense when a lot of people move from Que B to Que A , the Que becomes overcrowded and slows down. I am not against EB3 people, but I am sorry, it is not fair to some who took student loans and went to grad schools and now are competing on the same length with someone fresh off boat.

I agree with you the system needs to change. But all the EB3 who believe porting is the solution, I am sorry it is not, only a change in the system can be bring a relief.

Our desi mentality is if one line is shorter get in that , even if you have to climb on the other person. Well I hope some relief comes for all. All this mess by body shop companies.

Kumar,

I think you are just trying to stirr up controversy here, but your attitude really stinks. What the heck are you blabbering about? Nobody "fresh off the boat" can get on to EB2. Anybody who is porting from EB3 to EB2 is doing it because they are very well eligible for that - otherwise you will not be able to do EB2 today. They pay attention to the education, job functions and salary on all EB2 applications today. Only eligible people get to port.

You are EE2 2007. That was when all Tom dick and harry were getting into EB2, because Perm was just introduced and EB3 was backlogged and USCIS didnt care. So you are more likely to be "fresh off the boat" than most of us who are on the EB3 for close to a decade - I wont be surprised if you really are. I am standing in line since April 2002. I was eligible to EB2 in 2002 and I am eligible for it today, but due to several things outside my control I am still waiting. You are way behind me, 5+ years junior to me precisely, in this line. If you get GC before me that doesnt mean you are smarter than me. Get a grip.

Rajvrx
02-11-2011, 02:18 PM
Most of the EB2 seems so pompous. The reality is if you work in bigger corporates they will not file EB-2 even if you have master's degree.

I for one have a master's and was filed under Eb3 in Dec 2003. If folks wants to move and have the opportunity they should. If i get one I will move to Eb2.

How many EB2 have Master's here? :mad:
gvenkat

I am there with you..work with a big corporation..have a MS, yet they filed EB-3..not ready to file EB-2. All of my colleagues who needed PERM were filed in EB-3 and everyone of them has a MS

Robert Kumar
02-11-2011, 02:20 PM
If we call them to stop porting, then EB3s will call to stop spill overs..
Is it worth.
Moreoever based on the #s, there doesnt seem to be many who are porting.
Porting is a huge headache for anyone in the same company who is trying to change. Audit is almost guaranteed. And then to change employer is not good these days with such a tight job market. And for people who want to try as a future employer from outside, its once again a audit situation for employer, as the jobs are very few and how can one do GC for someone who is not even an employee.
Then who is porting?.. Only a few who may have got laid off..

tanu_75
02-11-2011, 02:27 PM
Didn't take too long after it was out to start a fight. Guys, nobody can stop the EB3 folks from porting to EB2. It's legal and they've been in the line for longer, a different line, but still a line. I think the porting is having an impact for EB2 India from the data in the demand doc. For those who missed July 2007, filing 485 this year is almost impossible.

cbpds
02-11-2011, 02:27 PM
why will they ban porting if its a means of getting more $$ for the govt

we should start calling senators to ban EB3 to EB2 porting.

MC

snathan
02-11-2011, 02:32 PM
Guys stop this dog fight. Whoever eligible to port, please go ahead and do so. Otherwise let us all fight togather for the common cause. We are all in this shit togather.

snathan
02-11-2011, 02:33 PM
we should start calling senators to ban EB3 to EB2 porting.

MC

So now you have achived your goal ?

sunny1000
02-11-2011, 02:35 PM
we should start calling senators to ban EB3 to EB2 porting.

MC

Yeah, blame everything on the EB3 guys as if EB3 porting has got everything to do with this... You want to ban them from porting so that they can be enslaved for the rest of their lives, rotting in EB3 hell. Great going....

TeddyKoochu
02-11-2011, 02:36 PM
You have no idea about what you are talking. Look at EB3 data released if porting was the case EB3 number would be decreasing
EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)

May god put some sense in you.

The EB3 inventory increase is because of the addition of district office demand which was previously missing. Last year based on the decrease of the EB3 inventory we had inferred that PD porting was 3K. PD porting definitely decreases the inventory. Friends please get above your individual cases and support those who are getting their GC by fair and legal means including PD porting, the EB3I situation is so bad that PD porting is the only hope.

belmontboy
02-11-2011, 02:44 PM
Most of the EB2 seems so pompous.

No need to generalize EB2's attitude.
Most EB2's are supporting EB3 porting (read rest of the thread).

hello
02-11-2011, 02:54 PM
Forget about EB3/EB2.How many of you are attending that event???????Just doing nothing and blaming others is not the solution.

royu
02-11-2011, 02:57 PM
Any idea about H.R. 43 bill : allocate 55000 visa of diversity program to the people with US adavance degree in Science and biotech. This will help many EB2 and EB3, as many of them can use these visas, as a result others will also be benefited.

kumarc123
02-11-2011, 03:12 PM
Kumar,

I think you are just trying to stirr up controversy here, but your attitude really stinks. What the heck are you blabbering about? Nobody "fresh off the boat" can get on to EB2. Anybody who is porting from EB3 to EB2 is doing it because they are very well eligible for that - otherwise you will not be able to do EB2 today. They pay attention to the education, job functions and salary on all EB2 applications today. Only eligible people get to port.

You are EE2 2007. That was when all Tom dick and harry were getting into EB2, because Perm was just introduced and EB3 was backlogged and USCIS didnt care. So you are more likely to be "fresh off the boat" than most of us who are on the EB3 for close to a decade - I wont be surprised if you really are. I am standing in line since April 2002. I was eligible to EB2 in 2002 and I am eligible for it today, but due to several things outside my control I am still waiting. You are way behind me, 5+ years junior to me precisely, in this line. If you get GC before me that doesnt mean you are smarter than me. Get a grip.

Listen to Me Dick Head,

A. First, fill up the information about your form so it shows the ribbon, for all the reasons you,could be an anti immigrant person.
B. Your giving me red makes me no DIFFERENCE
c. What your reasons are is your problem not mine

All I expressed what what I thought I didn't mean to point fingers, so go take your medication of whatever you take, and your attitude really reflects unprofessional ism , so 5 years ahead of me you can kiss my dog's ass.

Jesus, so many reds for only an opinion, what is wrong with these people.

I am going to be leaving IV because of idiots like you.

And no one talked about smartness, I talked about the system.

kumar1
02-11-2011, 03:48 PM
I keep telling these guys -- big 5 or big 10 are the worst as far as GC process is concerned. Get out, get a company where you control the GC process, get this mess out of your way and then join big 5 or whatever.

I wasted one full year of my life listening to their crap and excuses (Bearingpoint Inc.) why they can not file my GC. That was enough.

For those who landed in 09 or 10, and filing under EB-3, man, India is a far better option......


gvenkat

I am there with you..work with a big corporation..have a MS, yet they filed EB-3..not ready to file EB-2. All of my colleagues who needed PERM were filed in EB-3 and everyone of them has a MS

bhasky25
02-11-2011, 03:50 PM
we should start calling senators to ban EB3 to EB2 porting.

MC

If my memory serves right, MC got his GC a little over a year back and he does support porting if done correctly. He just laid a bait and everybody fell beautifully into it. Good work MC!!!

ameerka_dream
02-11-2011, 03:50 PM
Only solution to get rid of this backlog is to suspend issuing green cards to body shopping companies for some time..Body shopping companies always misuse the system in H1 processing or GC processing..If they find one fraud case (DOL issue or H1 issue ) with them which is very common with them, USCIS needs to restrict them filing green cards for five year or ten years period.

That will help to resolve Employment based green card backlog issue to people who are sincerely working with legitimate employers in full time role. Everybody knows that consulting companies always manipulate with fake EB2 applications.

bhasky25
02-11-2011, 03:55 PM
Stopping body shopping companies will not prevent this mess. Indians here would have got their H1's one way or the other, they would have one, two or three masters as long as it took to get their first H1. That is just the way our people are. So instead, introduce per country limit on H1 itself or even better, make GC point base system with FIFO basis. That would solve a lot of this mess and while at it, remove the dependents from the count. Problem solved.

a_paul1
02-11-2011, 04:07 PM
Listen to Me Dick Head,

A. First, fill up the information about your form so it shows the ribbon, for all the reasons you,could be an anti immigrant person.
B. Your giving me red makes me no DIFFERENCE
c. What your reasons are is your problem not mine

All I expressed what what I thought I didn't mean to point fingers, so go take your medication of whatever you take, and your attitude really reflects unprofessional ism , so 5 years ahead of me you can kiss my dog's ass.

Jesus, so many reds for only an opinion, what is wrong with these people.

I am going to be leaving IV because of idiots like you.

And no one talked about smartness, I talked about the system.

I don't agree with the language you are using but I do agree with the original point.

Porting is legal. But it is also completely illogical. If you are qualified you should be able to go to the shorter line. No argument there. But there is no logic in being allowed to use the priority date of the earlier line.

Let's say you are qualified for EB3 (but not for EB2) on date D1. After 5 yrs of experience, you are qualified for EB2 and you should be able to join EB2 line on D1+5 yrs and that's what your new priority date should be. You should NOT be allowed to enter the EB2 line in the middle where people from date D1 are standing. Indeed, you were not qualified for EB2 on D1. By enter at position D1, you are effectively saying that you were qualified for EB2 on D1. This is a loophole.

I am EB3 with PD of 2002 and had I had the opportunity, I would have ported as well because it is legal. But I do believe Date Porting is illogical. The whole system is illogical. Tons of people from "fast moving" states with EB3 PD of 2003, 4, 5 got greened long time ago, before many people with EB3 PD of 2002. Is that legal? Yes. Can't do nothing about it. But it still is illogical.

gclabor07
02-11-2011, 04:11 PM
You made a very sensible argument.

I don't agree with the language you are using but I do agree with the original point.

Porting is legal. But it is also completely illogical. If you are qualified you should be able to go to the shorter line. No argument there. But there is no logic in being allowed to use the priority date of the earlier line.

Let's say you are qualified for EB3 (but not for EB2) on date D1. After 5 yrs of experience, you are qualified for EB2 and you should be able to join EB2 line on D1+5 yrs and that's what your new priority date should be. You should NOT be allowed to enter the EB2 line in the middle where people from date D1 are standing. Indeed, you were not qualified for EB2 on D1. By enter at position D1, you are effectively saying that you were qualified for EB2 on D1. This is a loophole.

I am EB3 with PD of 2002 and had I had the opportunity, I would have ported as well because it is legal. But I do believe Date Porting is illogical. The whole system is illogical. Tons of people from "fast moving" states with EB3 PD of 2003, 4, 5 got greened long time ago, before many people with EB3 PD of 2002. Is that legal? Yes. Can't do nothing about it. But it still is illogical.

gk_2000
02-11-2011, 04:20 PM
we should start calling senators to ban EB3 to EB2 porting.

MC

Hey guys, I am sure this MC is just kidding. Take it easy on him :)

xela
02-11-2011, 04:28 PM
finally it moved!!!! looks like at least I have a chance now at getting that little green card ;-)

Figured I put some good news in here for all the EB3 ROW people....July 1st 2005!!!

Good luck to everyone (EB2 EB3 etc etc) who became current!

:)

gk_2000
02-11-2011, 04:32 PM
I don't agree with the language you are using but I do agree with the original point.

Porting is legal. But it is also completely illogical. If you are qualified you should be able to go to the shorter line. No argument there. But there is no logic in being allowed to use the priority date of the earlier line.

Let's say you are qualified for EB3 (but not for EB2) on date D1. After 5 yrs of experience, you are qualified for EB2 and you should be able to join EB2 line on D1+5 yrs and that's what your new priority date should be. You should NOT be allowed to enter the EB2 line in the middle where people from date D1 are standing. Indeed, you were not qualified for EB2 on D1. By enter at position D1, you are effectively saying that you were qualified for EB2 on D1. This is a loophole.

I am EB3 with PD of 2002 and had I had the opportunity, I would have ported as well because it is legal. But I do believe Date Porting is illogical. The whole system is illogical. Tons of people from "fast moving" states with EB3 PD of 2003, 4, 5 got greened long time ago, before many people with EB3 PD of 2002. Is that legal? Yes. Can't do nothing about it. But it still is illogical.

I would point out that you have got it all (well, many things) wrong.. Let me correct.

"Porting is legal. But it is also completely illogical. If you are qualified you should be able to go to the shorter line. No argument there"

In US it is a confused immigration system. On one hand, they want to make it based on employer's need. And on the other, they want to bring the bright people in. So the argument here is that, employers have expressed greater NEED for EB3 by filing more EB3's. So if it is need-based, they should increase quota for EB3. On the other hand, EB2 have more merit, at least on paper. However, the standards of merit are higher, and so EB2's are caught in no-man's land.
The only thing that makes EB2 "priority" over EB3 is simply the notion that greater merit should be rewarded more. But a real NEED-based system does not or is not intended to work that way. If employers are saying "we have more shortage of QA testers than developer", or "we need 10 janitors but only 1 coder", govt has to comply. If they do any other thing, they risk displacing US workers

These points apply to you other arguments too. Give me reds if you like, if that's the price of expressing my opinion. But I contend that it is something worth pondering over nevertheless

a_paul1
02-11-2011, 04:58 PM
I would point out that you have got it all (well, many things) wrong.. Let me correct.


Ok, which point in your post is contradicting which one of my points exactly?

Robert Kumar
02-11-2011, 05:34 PM
One of my friend's friend was trying this EB3 to EB2 porting within the same employer, and his job duties have changed considerably more than 50%. His labor got cleared with no issues, but when it came to 140, his case got into issues, and the company got a audit notice it seems and they wanted to check many things like last many years tax returns of the company and the candidates W2 and paystubs, job location, client contracts, office location inspection, and also how many H1B and and how many Citizens are being employed. And also salaries of all other other employees, and if they are doing this porting for all, or only in one case. His position for future EB3 was also questioned if its not needed anymore. I really dont know what happened, but heard that he had to leave the company in bad terms. He atleast had a stable job for many years, and now he is in the market looking for one.

I've just checked this information with my lawyer, who is from a big firm if there is any risk to convert from EB3 to EB2 porting in same company and he says audit is very possible as it involves doing many things.

Please let me know if you faced or know any such incidents, or is this an isolated incident,

Thank You,
Bobby.

AndherNagri
02-11-2011, 05:45 PM
An Indian Crab exporting company did not get the lids of the boxes in time. So they decided to send the crabs in boxes without lids. And they reached well - no crab escaped.

Why? They were Indian crabs. As one wanted to climb up, other pulled it down. Some of them were EB2 and others EB3.

gk_2000
02-11-2011, 05:46 PM
I would point out that you have got it all (well, many things) wrong.. Let me correct.

"Porting is legal. But it is also completely illogical. If you are qualified you should be able to go to the shorter line. No argument there"

In US it is a confused immigration system. On one hand, they want to make it based on employer's need. And on the other, they want to bring the bright people in. So the argument here is that, employers have expressed greater NEED for EB3 by filing more EB3's. So if it is need-based, they should increase quota for EB3. On the other hand, EB2 have more merit, at least on paper. However, the standards of merit are higher, and so EB2's are caught in no-man's land.
The only thing that makes EB2 "priority" over EB3 is simply the notion that greater merit should be rewarded more. But a real NEED-based system does not or is not intended to work that way. If employers are saying "we have more shortage of QA testers than developer", or "we need 10 janitors but only 1 coder", govt has to comply. If they do any other thing, they risk displacing US workers

These points apply to you other arguments too. Give me reds if you like, if that's the price of expressing my opinion. But I contend that it is something worth pondering over nevertheless

Your argument begins skidding off the rails after the point "Porting is legal but illogical".

Porting is legal. But it is also completely illogical. If you are qualified you should be able to go to the shorter line. No argument there. But there is no logic in being allowed to use the priority date of the earlier line.

For that I am saying that:
In US it is a confused immigration system. On one hand, they want to make it based on employer's need. And on the other, they want to bring the bright people in. So the argument here is that, employers have expressed greater NEED for EB3 by filing more EB3's.
Meaning,
1. There should be no concept of "shorter line". This is an UNINTENDED consequence of the confused policy of allocating visa numbers by country, qualifications, etc. and giving backseat to real employers' needs
2. "Qualified" to take the shorter line. In addition to above, qualification is not the real factor in immigration. Shortage is. So if you look upon it strictly, there lies an explanation why you should have worked in Hare Rama Hare Krishna temple as head priest instead of joining your computer course or Engineering, if you wanted to come to US.


Let's say you are qualified for EB3 (but not for EB2) on date D1. After 5 yrs of experience, you are qualified for EB2 and you should be able to join EB2 line on D1+5 yrs and that's what your new priority date should be.

- Again the notion of being "qualified" for EBn. If employer wishes, he can make a don out of a village paanwala.

You should NOT be allowed to enter the EB2 line in the middle where people from date D1 are standing. Indeed, you were not qualified for EB2 on D1. By enter at position D1, you are effectively saying that you were qualified for EB2 on D1. This is a loophole.

- Besides the same qualification argument, it is a highly partisan and narrow view. These policies have been made keeping in mind not only you, but many others. And if you had been in their shoes your argument would have been very different

I am EB3 with PD of 2002 and had I had the opportunity, I would have ported as well because it is legal. But I do believe Date Porting is illogical. The whole system is illogical. Tons of people from "fast moving" states with EB3 PD of 2003, 4, 5 got greened long time ago, before many people with EB3 PD of 2002. Is that legal? Yes. Can't do nothing about it. But it still is illogical.

-See above

snathan
02-11-2011, 06:04 PM
One of my friend's friend was trying this EB3 to EB2 porting within the same employer, and his job duties have changed considerably more than 50%. His labor got cleared with no issues, but when it came to 140, his case got into issues, and the company got a audit notice it seems and they wanted to check many things like last many years tax returns of the company and the candidates W2 and paystubs, job location, client contracts, office location inspection, and also how many H1B and and how many Citizens are being employed. And also salaries of all other other employees, and if they are doing this porting for all, or only in one case. His position for future EB3 was also questioned if its not needed anymore. I really dont know what happened, but heard that he had to leave the company in bad terms. He atleast had a stable job for many years, and now he is in the market looking for one.

I've just checked this information with my lawyer, who is from a big firm if there is any risk to convert from EB3 to EB2 porting in same company and he says audit is very possible as it involves doing many things.

Please let me know if you faced or know any such incidents, or is this an isolated incident,

Thank You,
Bobby.

Your attorney is correct. You are running the risk of audit if you are porting within the same employer. The PERM will be cleared easily and the trouble will start only when you file for I140.

a.j.2048
02-11-2011, 07:52 PM
Having seem a couple of cases in my neighborhood, EB2 dates are not moving because the single people who filed I485 during July 2007 are getting married and filing for their spouses. Argument should be made that spouses should not be allowed to claim earlier priority date if they file a new I485.

gk_2000
02-11-2011, 08:41 PM
Having seem a couple of cases in my neighborhood, EB2 dates are not moving because the single people who filed I485 during July 2007 are getting married and filing for their spouses. Argument should be made that spouses should not be allowed to claim earlier priority date if they file a new I485.

My friend, you and I are better off arguing that dependents not be counted for visa numbers. Let's be united

kedar_007
02-11-2011, 08:57 PM
hello all-

I have a question and could not create a new post. Hence posting it here.

My Advance Parole was approved but not yet mailed. I have booked tickets to India on coming Thursday. Is it a good idea to go to India on current AP (expiring before my reentry)? My friend will ship via Fedex when he gets the new AP in mail...

Will I have any issues?

Appreciate your help.

satyasaich
02-11-2011, 09:05 PM
I don't agree with the language you are using but I do agree with the original point.

Porting is legal. But it is also completely illogical. If you are qualified you should be able to go to the shorter line. No argument there. But there is no logic in being allowed to use the priority date of the earlier line.

Let's say you are qualified for EB3 (but not for EB2) on date D1. After 5 yrs of experience, you are qualified for EB2 and you should be able to join EB2 line on D1+5 yrs and that's what your new priority date should be. You should NOT be allowed to enter the EB2 line in the middle where people from date D1 are standing. Indeed, you were not qualified for EB2 on D1. By enter at position D1, you are effectively saying that you were qualified for EB2 on D1. This is a loophole.

I am EB3 with PD of 2002 and had I had the opportunity, I would have ported as well because it is legal. But I do believe Date Porting is illogical. The whole system is illogical. Tons of people from "fast moving" states with EB3 PD of 2003, 4, 5 got greened long time ago, before many people with EB3 PD of 2002. Is that legal? Yes. Can't do nothing about it. But it still is illogical.

Sometimes it could be the policy of GC sponsoring company whether to put a person under EB3 vs EB2. For example in St.louis where i live, there is a very good stable company that only allows to file in EB3 category no matter who you are. I have dozens of mu friends who did masters here in US or others who have more than 5 years of experience from the day 1 of employment with that company.
Few things are not in our control, just my 2 cents
I'm not in to debate of whether porting is logical or not

krishmunn
02-11-2011, 09:19 PM
Listen to Me Dick Head,

A. First, fill up the information about your form so it shows the ribbon, for all the reasons you,could be an anti immigrant person.
B. Your giving me red makes me no DIFFERENCE
c. What your reasons are is your problem not mine

All I expressed what what I thought I didn't mean to point fingers, so go take your medication of whatever you take, and your attitude really reflects unprofessional ism , so 5 years ahead of me you can kiss my dog's ass.

Jesus, so many reds for only an opinion, what is wrong with these people.

I am going to be leaving IV because of idiots like you.

And no one talked about smartness, I talked about the system.

I agree with others, your post stinks . Good you are quiting IV.

Your taking a loan and getting a degree from a onehorsetown university on full self paid basis does not make you any superior than a EB3 who got his degree from a decent Government College in India and possibly have a lot more experience than you.

You probably could not even crack a state level entrance exam in India.

rodnyb
02-12-2011, 01:14 AM
I agree with Ron
Recapture is the only way.
Article regarding EB2 India (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/article-regarding-eb2-india-12841/index5.html)

All other talk are just not practical or not effective in near term (3-5 years)

a_paul1
02-12-2011, 04:43 AM
Your argument begins skidding off the rails after the point "Porting is legal but illogical".

Porting is legal. But it is also completely illogical. If you are qualified you should be able to go to the shorter line. No argument there. But there is no logic in being allowed to use the priority date of the earlier line.

For that I am saying that:
In US it is a confused immigration system. On one hand, they want to make it based on employer's need. And on the other, they want to bring the bright people in. So the argument here is that, employers have expressed greater NEED for EB3 by filing more EB3's.
Meaning,
1. There should be no concept of "shorter line". This is an UNINTENDED consequence of the confused policy of allocating visa numbers by country, qualifications, etc. and giving backseat to real employers' needs
2. "Qualified" to take the shorter line. In addition to above, qualification is not the real factor in immigration. Shortage is. So if you look upon it strictly, there lies an explanation why you should have worked in Hare Rama Hare Krishna temple as head priest instead of joining your computer course or Engineering, if you wanted to come to US.


Let's say you are qualified for EB3 (but not for EB2) on date D1. After 5 yrs of experience, you are qualified for EB2 and you should be able to join EB2 line on D1+5 yrs and that's what your new priority date should be.

- Again the notion of being "qualified" for EBn. If employer wishes, he can make a don out of a village paanwala.

You should NOT be allowed to enter the EB2 line in the middle where people from date D1 are standing. Indeed, you were not qualified for EB2 on D1. By enter at position D1, you are effectively saying that you were qualified for EB2 on D1. This is a loophole.

- Besides the same qualification argument, it is a highly partisan and narrow view. These policies have been made keeping in mind not only you, but many others. And if you had been in their shoes your argument would have been very different

I am EB3 with PD of 2002 and had I had the opportunity, I would have ported as well because it is legal. But I do believe Date Porting is illogical. The whole system is illogical. Tons of people from "fast moving" states with EB3 PD of 2003, 4, 5 got greened long time ago, before many people with EB3 PD of 2002. Is that legal? Yes. Can't do nothing about it. But it still is illogical.

-See above

It's funny. Logon ko doosre ke aankh tinka dikhta hai par apni aankh ka lakkad nahin dikhta.

1. Where did I talk about intention? My post states only the fact of the matter and the fact of the matter is that shorter lines exist and many people want to jump to that line simply because it is shorter. I want to do so as well and I am sure you would too.
Whether it is an intentional or unintentional consequence, I don't know. I haven't read the actual bill and the discussion that was made into this law so I don't know the intention and I am not claiming such either.

2. "Qualified" to take the shorter line. In addition to above, qualification is not the real factor in immigration." - Qualification for EBn is required. Qualification does not just mean a degree. To enter any EB line the "Employer's requirement" is also a required qualification. If you have a masters but the job does not require masters, you are effectively NOT qualified for EB2 line. That is why I said, if you are qualified for EB2, you should be allowed to enter EB2 line. In the hindsight, I should have used "eligible" instead of "qualified".

3. "If employer wishes, he can make a don out of a village paanwala" - You are wrong. An employer cannot file for a paanwala under EB2. There are requirements for every category that need to be satisfied by the employer as well as the employee.

4. "Besides the same qualification argument, it is a highly partisan and narrow view. These policies have been made keeping in mind not only you, but many others. And if you had been in their shoes your argument would have been very different". You are talking incoherently. Which view is partisan and narrow? Whose shoes are you talking about? Did you even read my post?? Where did I talk about what was in the law makers mind when they made the policies. It seems you know a lot about the lawmakers intentions. I don't and I am not claiming such either.

5. "So if you look upon it strictly, there lies an explanation why you should have worked in Hare Rama Hare Krishna temple as head priest instead of joining your computer course or Engineering, if you wanted to come to US." - From this I can only infer that you have learnt to form some smart looking English sentences. Good for you. What I should have done is irrelevant to this discussion.

6. The basic point of my post was that I find porting to be illogical. Do you agree with that or not?

Have a nice day!

Robert Kumar
02-12-2011, 04:46 AM
I need to study more on EB3 to EB2 porting with same company and risks involved. I will open a new thread.
Thank You,
Bobby.

xyzgc
02-12-2011, 05:15 AM
Let's say you are qualified for EB3 (but not for EB2) on date D1. After 5 yrs of experience, you are qualified for EB2 and you should be able to join EB2 line on D1+5 yrs and that's what your new priority date should be. You should NOT be allowed to enter the EB2 line in the middle where people from date D1 are standing. Indeed, you were not qualified for EB2 on D1. By enter at position D1, you are effectively saying that you were qualified for EB2 on D1. This is a loophole.
l

IMHO, you should be automatically upgraded from EB3->2 after D1+5 and get new priority dates of D1+5.
And folks who received GCs with labor subs should get their cards revoked.
You should not be allowed to use any other category based on country of birth, spouse's country of birth etc.
The first point is the most important.

delhiguy
02-12-2011, 06:17 AM
An Indian Crab exporting company did not get the lids of the boxes in time. So they decided to send the crabs in boxes without lids. And they reached well - no crab escaped.

Why? They were Indian crabs. As one wanted to climb up, other pulled it down. Some of them were EB2 and others EB3.

ek dum mast ;-)

but here they can only talk .. porting is legal , and i think every man should be for self, and if u are in eb3 , and u get a legal way to port , you should , no body can stop you.

ameerka_dream
02-12-2011, 07:48 AM
Critical point that I'm making here is American employer filing in EB2 is very difficult compared to filing in EB3 as everybody knows. If USCIS calls for probe about filed body shopping employer based EB2 applications from 2004 to 2007 ( Most of Desi employers of substituted labors filed in July 2007 fiasco) then everybody will know the fact about this substituted PD based body shopping companies scandal. Everybody knows that Desi body shopping employers sold labors in July 2007 for the amount in between 5k to 10K which hurts the GC applications of true full time employment based american employers.

Like scrutinizing more with Employer-Employee relationship for H1s these days, USCIS has to apply that more serious rule for GC processing with body shopping companies and suspend all of those fake substituted labor applications for short period (5 year or 10 year time period or move their priority dates to today's date) until legitimate applicants get their GC. Also, USCIS need to check each and every EB-2 application that gets filed with desi body shopping companies.

Employers of body shopping companies are still filing in EB-2 and manipulate the system in paying taxes( everybody knows the facts that desi body shopping employer will show less gross pay on paychecks as per the minimum amount that they mention in LCA to avoid paying taxes) , faking with documentation for filing in GC. That way, it at least benefits GC applicants who work with american employers in full time role and sincerely waiting from long time irrespective of american master degree holders and experienced people with masters degree. It's important to punish body shopping employers with suspending their GC applications or changing their application priority dates to current to clear this mess.

Stopping body shopping companies will not prevent this mess. Indians here would have got their H1's one way or the other, they would have one, two or three masters as long as it took to get their first H1. That is just the way our people are. So instead, introduce per country limit on H1 itself or even better, make GC point base system with FIFO basis. That would solve a lot of this mess and while at it, remove the dependents from the count. Problem solved.

sk76012w
02-12-2011, 11:40 AM
What a_paul1 says makes absolute sense and it is nothing new. We all know it. Whether we agree to it or not depends on whether we are in EB2 or EB3. That's all there to it. Arguments such as "..EB2 seems so pompous", "..big corporates.. will not file EB-2..", "..been in the line for longer","..employers have expressed greater NEED for EB3" (funniest one so far) etc are all typical examples of going off on a tangent.

gk_2000
02-12-2011, 01:34 PM
It's funny. Logon ko doosre ke aankh tinka dikhta hai par apni aankh ka lakkad nahin dikhta.

1. Where did I talk about intention? My post states only the fact of the matter and the fact of the matter is that shorter lines exist and many people want to jump to that line simply because it is shorter. I want to do so as well and I am sure you would too.
Whether it is an intentional or unintentional consequence, I don't know. I haven't read the actual bill and the discussion that was made into this law so I don't know the intention and I am not claiming such either.

2. "Qualified" to take the shorter line. In addition to above, qualification is not the real factor in immigration." - Qualification for EBn is required. Qualification does not just mean a degree. To enter any EB line the "Employer's requirement" is also a required qualification. If you have a masters but the job does not require masters, you are effectively NOT qualified for EB2 line. That is why I said, if you are qualified for EB2, you should be allowed to enter EB2 line. In the hindsight, I should have used "eligible" instead of "qualified".

3. "If employer wishes, he can make a don out of a village paanwala" - You are wrong. An employer cannot file for a paanwala under EB2. There are requirements for every category that need to be satisfied by the employer as well as the employee.

4. "Besides the same qualification argument, it is a highly partisan and narrow view. These policies have been made keeping in mind not only you, but many others. And if you had been in their shoes your argument would have been very different". You are talking incoherently. Which view is partisan and narrow? Whose shoes are you talking about? Did you even read my post?? Where did I talk about what was in the law makers mind when they made the policies. It seems you know a lot about the lawmakers intentions. I don't and I am not claiming such either.

5. "So if you look upon it strictly, there lies an explanation why you should have worked in Hare Rama Hare Krishna temple as head priest instead of joining your computer course or Engineering, if you wanted to come to US." - From this I can only infer that you have learnt to form some smart looking English sentences. Good for you. What I should have done is irrelevant to this discussion.

6. The basic point of my post was that I find porting to be illogical. Do you agree with that or not?

Have a nice day!

About lawmaker intentions: It is something you figure out after being years in this limbo and reading up various discussions, articles and views of lawyers and officials, listening to cspan, etc. There is an adage: an old patient knows more than a new doctor. Yes, you may argue that I don't know the "intentions" but this is published matter, and I am sure you could find out if you wanted. What I say is based on my observations, and I am sure you have formed some conclusions too
" Which view is partisan and narrow? Whose shoes are you talking about?"
To mention a few:
- American public
- American politicians (several)
- Interest groups
- Immigrant sub-communities

Laws will always be broad after hearing from all directions

snathan
02-12-2011, 01:42 PM
Critical point that I'm making here is American employer filing in EB2 is very difficult compared to filing in EB3 as everybody knows. If USCIS calls for probe about filed body shopping employer based EB2 applications from 2004 to 2007 ( Most of Desi employers of substituted labors filed in July 2007 fiasco) then everybody will know the fact about this substituted PD based body shopping companies scandal. Everybody knows that Desi body shopping employers sold labors in July 2007 for the amount in between 5k to 10K which hurts the GC applications of true full time employment based american employers.

Like scrutinizing more with Employer-Employee relationship for H1s these days, USCIS has to apply that more serious rule for GC processing with body shopping companies and suspend all of those fake substituted labor applications for short period (5 year or 10 year time period or move their priority dates to today's date) until legitimate applicants get their GC. Also, USCIS need to check each and every EB-2 application that gets filed with desi body shopping companies.

Employers of body shopping companies are still filing in EB-2 and manipulate the system in paying taxes( everybody knows the facts that desi body shopping employer will show less gross pay on paychecks as per the minimum amount that they mention in LCA to avoid paying taxes) , faking with documentation for filing in GC. That way, it at least benefits GC applicants who work with american employers in full time role and sincerely waiting from long time irrespective of american master degree holders and experienced people with masters degree. It's important to punish body shopping employers with suspending their GC applications or changing their application priority dates to current to clear this mess.

Don’t make generalized statement and if you have any proof contact USCIS. Otherwise keep quiet and move on.

Don’t tell us you friend's friends' cousin's friend got that. In God we trust and for the rest we need data.

ryan
02-12-2011, 08:15 PM
Hey, I agree with just about everything you say, except - "should not be allowed to use any other category based on country of birth, spouse's country country of birth.."

In some instances things aren't that cookie cut. My parents have lived in the Middle East / UAE, since 1969. In the mid 70's the UAE was this very young nation with no real developments or basic healthcare, partly because of which, mom had us (my brother & I) in India, and brought us back to the UAE a few weeks after birth. We grew up in the UAE since. In several ways, we have little to identify, or relate with India and its ways. We didn't have Indian citizenships (not that it would make a difference) My brother's wife is an Emirati - a true blue UAE citizen. I think it'd be rather unfair if "cross chargeability" was refused to folks from similar backgrounds. Anyway, two cents worth.

gk_2000
02-12-2011, 11:34 PM
What a_paul1 says makes absolute sense and it is nothing new. We all know it. Whether we agree to it or not depends on whether we are in EB2 or EB3. That's all there to it. Arguments such as "..EB2 seems so pompous", "..big corporates.. will not file EB-2..", "..been in the line for longer","..employers have expressed greater NEED for EB3" (funniest one so far) etc are all typical examples of going off on a tangent.

When reality goes so far off the tangent it is the truth that begins to look funny

However, my statement "..employers have expressed greater NEED for EB3" is based on the hard fact that there are many more EB3 filings than any other category. How can you deny it? Isn't sales the indicator of demand?

sk76012w
02-13-2011, 01:27 PM
gk_2000,

I am all for a civilized and sensible exchange of view and opinions.

You are forgetting a third dimension - supply. Demand (Applications for GC-EB3) does not necessarily mean that the Sale (approval of GC-EB3) can be completed because the supply (quota for EB3) is limited. I understand your point that since there are more applications for EB3 (demand), the EB3 approvals (sale) should be increased by increasing the quota for EB3 (supply). But, that's exactly the bottleneck here. The USCIS does not have the power to do that and the law makers do not want to do that. The quota system is there for some reason. Whether that reason sounds reasonable enough to you or not depends on whether you are in EB1 or EB2 or EB3 or from India or China or ROW etc.

Please don't get me wrong. I have nothing against EB3. Majority of the people in EB3 feel that they are victims of the system and they should be actually in EB2. Most of the EB2 people feel that they should be in EB1. Especially when you look at some cases in EB1, some EB2 may feel that they should probably be in some higher category than EB1. Some new category - EB1+. Some EB1 people feel that they should not be in EB category at all. They feel that a new category should be formed - GB (Genius Based) category because some PhD holders don't want to be equated with the so called "International Managers". US Citizens and Green Card holders don’t want us at all. They want to close the door behind them.

Do you think the USCIS and the law makers care about our rumblings?

gc_dreamer_2010
02-13-2011, 06:54 PM
Listen to Me Dick Head,
.....
I am going to be leaving IV because of idiots like you.

And no one talked about smartness, I talked about the system.

Please leave asap! It will be nothing but good riddance!

Michael chertoff
02-14-2011, 08:24 AM
So now you have achived your goal ?

Not yet. I have nothing against EB3. But still i will say, if they are allowed to port, they should go back to the end of the line. They should not jump in the middle of the line.

Yeah, blame everything on the EB3 guys as if EB3 porting has got everything to do with this... You want to ban them from porting so that they can be enslaved for the rest of their lives, rotting in EB3 hell. Great going....

Dear Sunny, Nobody is blaming EB3 or any category, i am just saying that you can not change the rules in the middle the game. I have full sympathy for them and willing to support them.

If some how i have caused any problem in this forum.. I do apologize. I am just as frustrated as you guys. but please think and you will see that porting is hurting EB2 big time. I will not be surprised the Dates will not move even in July.

Note - I dont care if i am banned from this forum for saying what i think.

Thanks

MC

PlainSpeak
02-14-2011, 08:32 AM
No Comments ! :D:D:D

pallavan
02-14-2011, 08:38 AM
Well Said !! Its become politically incorrect on IV to say anything about the sorry state of EB2. Iam glad you started this thread. Frankly Iam surprised how you pulled it off without getting drowned in those silly red stickers!

Hopefully all EB2 folks learned something from this episode.

Not yet. I have nothing against EB3. But still i will say, if they are allowed to port, they should go back to the end of the line. They should not jump in the middle of the line.
MC

PlainSpeak
02-14-2011, 08:51 AM
Well Said !! Its become politically incorrect on IV to say anything about the sorry state of EB2. Iam glad you started this thread. Frankly Iam surprised how you pulled it off without getting drowned in those silly red stickers!

Hopefully all EB2 folks learned something from this episode.

I think the EB3I folks feel the same way (Its politically incorrect on IV to say anything about the sorry state of EB3I)

If everyone is the victim (Part of the group which is feeling sorry about the group they belong to) then its a mystery who is the winner here in this situation ?? :confused::confused::confused:

belmontboy
02-14-2011, 09:45 AM
I think the EB3I folks feel the same way (Its politically incorrect on IV to say anything about the sorry state of EB3I)

If everyone is the victim (Part of the group which is feeling sorry about the group they belong to) then its a mystery who is the winner here in this situation ?? :confused::confused::confused:

somewhere the anti-immigrants are chuckling

PlainSpeak
02-14-2011, 09:53 AM
somewhere the anti-immigrants are chuckling

Yes you can say the anti-immigrants are the real winners :o:o:o

designserve
02-14-2011, 10:15 AM
How is it that Indians don't find a common couse and stick together? We manage to fight at every opportunity presented and let ourselves be governed by some power or other??

Great job guys, let us continue our tradition!!!

vdlrao
02-14-2011, 10:16 AM
we should start calling senators to ban EB3 to EB2 porting.

MC

Buddy what you say, if the people who already got their GCs call the senators to ban EB3 and EB2 together?. This is nothing but our ignorance.

PlainSpeak
02-14-2011, 10:27 AM
How is it that Indians don't find a common couse and stick together? We manage to fight at every opportunity presented and let ourselves be governed by some power or other??

Great job guys, let us continue our tradition!!!

When we Indians fight on caste and region basis in India, why is it surprising if we Indians fight about employment categorization (EB3/EB2) in US. We cannot find a common course because we have an inhernet defect in character which manifests here in the form of EB3/EB2 fight.

EB2 wants to stop porting because it is bad for them and will delay their GC
- There is talks of some EB2 people meeting Grassley to get porting stopped
EBROW wants to reverse the spillover rules because it is bad for them and will delay their GC
- There is talks of some EBROW people meeting Grassley to change spillover rules to the old way

End of the day we all lose

snathan
02-14-2011, 10:37 AM
Not yet. I have nothing against EB3. But still i will say, if they are allowed to port, they should go back to the end of the line. They should not jump in the middle of the line.



Dear Sunny, Nobody is blaming EB3 or any category, i am just saying that you can not change the rules in the middle the game. I have full sympathy for them and willing to support them.

If some how i have caused any problem in this forum.. I do apologize. I am just as frustrated as you guys. but please think and you will see that porting is hurting EB2 big time. I will not be surprised the Dates will not move even in July.

Note - I dont care if i am banned from this forum for saying what i think.

Thanks

MC

If you are not aware, the USCIS have already started tightening the screws for porting. Read the other thread EB3-EB2 risks. As long as the EB2 job is genuine, I don’t have any issues. But if it’s from the shoddy body shopper and if they are porting based on their tailor mare EB2 requirement...they are digging their own grave yard. Not only they are facing the audit on the EB2, the validity of the EB3 job also questioned. So don’t lose your sleep over it. Chill out.

pappu
02-14-2011, 10:40 AM
Buddy what you say, if the people who already got their GCs call the senators to ban EB3 and EB2 together?. This is nothing but our ignorance.

People who cannot even call Senators for their own Greencard Backlog will not call a Senator to stop porting.

Secondly by merely sending an email or calling do you really think any porting will be stopped? A lot of people on the internet forums live in their own virtual world far removed from reality. They have not even visited any Senator's office in their life but talk about advocacy and politics as if there is no bigger expert than them. Ignore and do not pay attention to such people who only comment but will never do anything or can stand up for themselves. The only reason why they are stuck and do not have greencard till now is because they failed to stand up for themselves. We have seen it quite a lot in the last 5 years on forums. When Labor certification substitution was going on, nobody worked against it or complained against it officially with proof to DOL. It is only later people anonymously post against it on the forums when labor sub is stopped and they can no longer get any labor sub benefit themselves. So when I see people talking about fraud on the forums, I would challenge them to stand up for what they believe in and go ahead and complain to DOL , USCIS. Just posting on the forum will not cut it. By complaining I do not mean sending some email from your anonymous email ID. But send your complaint with solid proof and tell them who you are so that agencies can contact you for more information.

PlainSpeak
02-14-2011, 10:47 AM
If you are not aware, the USCIS have already started tightening the screws for porting. Read the other thread EB3-EB2 risks. As long as the EB2 job is genuine, I don’t have any issues. But if it’s from the shoddy body shopper and if they are porting based on their tailor mare EB2 requirement...they are digging their own grave yard. Not only they are facing the audit on the EB2, the validity of the EB3 job also questioned. So don’t lose your sleep over it. Chill out.

I think the issue with EB2 is that they are getting cold feet. Chill out EB2 guys. You will see your dates move in the last quarter because of spillover. Is it too much to ask you guys to wait till July 2011....

snathan
02-14-2011, 10:51 AM
I think the issue with EB2 is that they are getting cold feet. Chill out EB2 guys. You will see your dates move in the last quarter because of spillover. Is it too much to ask you guys to wait till July 2011....

Read my post again. As long as the job porting is genunie I dont have any issues and I am not against porting

pappu
02-14-2011, 10:55 AM
If you are not aware, the USCIS have already started tightening the screws for porting. Read the other thread EB3-EB2 risks. As long as the EB2 job is genuine, I don’t have any issues. But if it’s from the shoddy body shopper and if they are porting based on their tailor mare EB2 requirement...they are digging their own grave yard. Not only they are facing the audit on the EB2, the validity of the EB3 job also questioned. So don’t lose your sleep over it. Chill out.

To people against Porting:
Porting is totally legal. If the employer has a job that qualifies for EB2, there is nothing wrong in applying for EB2 and porting from EB3 to EB2. For people in EB3 India, porting is a big jump in wait times and only big hope right now.
If anyone thinks it is wrong, then come up with solid reasons why it is wrong/ against the law. If you are seeing any fraud, then go ahead and complain about it with proof to the authorities. But don't just be against it because EB3 folks are delaying your next bulletin dates getting current. It is precisely because of such narrow minded thinking that both EB3 and EB2 will be stuck in this mess. Stop being crabs and work together to help fix this situation.

PlainSpeak
02-14-2011, 10:56 AM
Read my post again. As long as the job porting is genunie I dont have any issues and I am not against porting

And if you read my post you will see that i have not disagreed with anything you have stated. My post was a statement to EB2 in general stating that since EB2 will get spillover visas in last quarter they should not worry much about porting for now.

As far as your opinion about genuine porting being valid; i would say good for you .... :):):)

PlainSpeak
02-14-2011, 11:00 AM
To people against Porting:
Porting is totally legal. If the employer has a job that qualifies for EB2, there is nothing wrong in applying for EB2 and porting from EB3 to EB2. For people in EB3 India, porting is a big jump in wait times and only big hope right now.
If anyone thinks it is wrong, then come up with solid reasons why it is wrong/ against the law. If you are seeing any fraud, then go ahead and complain about it with proof to the authorities. But don't just be against it because EB3 folks are delaying your next bulletin dates getting current. It is precisely because of such narrow minded thinking that both EB3 and EB2 will be stuck in this mess. Stop being crabs and work together to help fix this situation.

Clear and concise .....

As far as EB2 folks worried about porting skewing their GC chances, would it make you guys happy if i confirm that i for one will not be doing porting (even though i have an option to do this). There that is one less number for EB2 to be worried about....

And as i said chill out guys and wait till last quarter and then you guys will be grinning from ear to ear seeing the movement in EB2 dates

snathan
02-14-2011, 11:02 AM
To people against Porting:
Porting is totally legal. If the employer has a job that qualifies for EB2, there is nothing wrong in applying for EB2 and porting from EB3 to EB2. For people in EB3 India, porting is a big jump in wait times and only big hope right now.
If anyone thinks it is wrong, then come up with solid reasons why it is wrong/ against the law. If you are seeing any fraud, then go ahead and complain about it with proof to the authorities. But don't just be against it because EB3 folks are delaying your next bulletin dates getting current. It is precisely because of such narrow minded thinking that both EB3 and EB2 will be stuck in this mess. Stop being crabs and work together to help fix this situation.

I second this... I couldnt have said anything better.

I am trying to get the appointment with Senator John Cornyn/staff in Dallas. If anyone interested to join me, please send me a pvt msg.

bratramm
02-14-2011, 11:50 AM
yea pappu....once again great response, but really on the tangent...
The focus is on "misusing" porting to advance position in a queue....-not about the legality of porting...
....btw, thnx for the reds!!

now that everyone got over their fix for passing reds read the rest...

been to a parking lot lately...notice how the best spots closest to the entrances are all marked blue with a sign that says 'handicapped' only....notice how also that they are usually empty.....try parking there anytime...feel the light weight of your wallet immediately....you drive around the lot a few times to find a spot…see none….then suddenly this car comes up and parks in the handicapped spot…guy jumps out, takes his golf bags, then just before leaving, sticks a handicapped tag on the front…..ever wanted to go up and ask him what his handicap is..the response is usually “between 10 and 18”-he is obviously talking about his golf handicap, while you are frustrated about his flagrant misuse of a “privilege”….what can you do….notify authorities….and then what….he still has the tags, and they are legal, issued by the same authorities you are complaining to…..


porting may be legal, but misuse of porting to advance self in the immigration queue though at times is a good alternative to people, is still misuse of the privilege…..people are, by default, nice and defer to the ideology that there are reasons beyond one’s control when they get bumped down, but when 1000’s do it, its only unrealistic to expect not to stand up and ask “WTF”!!

I hope more people stand up and ask “WTF”, not because they are getting bumped down, but because the system is being misused…..it is not the system’s fault that your employer only wanted someone with a basic level of education….its not the system’s fault that the employee in need of any job takes a low qualified job……but somehow it’s the system’s fault that the employee now that the stomach full and the sleep good, is suddenly aware that somehow they deserved better…..so instead of coming to grips with their reality, they twist reality to fit within their frame of reference….


I just hope the IV comes out and starts asking "WTF".....instead of saying that "its the only hope" and condoning the mass exodus...because all that we are looking from the IV is to be consistent and not choose the easier path....that we do very well without any help...maybe for once the IV will say “this is not the right way to do this, we are only making ourselves less valuable in the eyes of the system that we want to be acknowledged by!”…then maybe the IV will be surprised that it does not need to talk from both sides of the mouth…..


To people against Porting:
Porting is totally legal. If the employer has a job that qualifies for EB2, there is nothing wrong in applying for EB2 and porting from EB3 to EB2. For people in EB3 India, porting is a big jump in wait times and only big hope right now.
If anyone thinks it is wrong, then come up with solid reasons why it is wrong/ against the law. If you are seeing any fraud, then go ahead and complain about it with proof to the authorities. But don't just be against it because EB3 folks are delaying your next bulletin dates getting current. It is precisely because of such narrow minded thinking that both EB3 and EB2 will be stuck in this mess. Stop being crabs and work together to help fix this situation.

PlainSpeak
02-14-2011, 12:07 PM
yea pappu....once again great response, but really on the tangent...
The focus is on "misusing" porting to advance position in a queue....-not about the legality of porting...
....btw, thnx for the reds!!

now that everyone got over their fix for passing reds read the rest...

been to a parking lot lately...notice how the best spots closest to the entrances are all marked blue with a sign that says 'handicapped' only....notice how also that they are usually empty.....try parking there anytime...feel the light weight of your wallet immediately....you drive around the lot a few times to find a spot…see none….then suddenly this car comes up and parks in the handicapped spot…guy jumps out, takes his golf bags, then just before leaving, sticks a handicapped tag on the front…..ever wanted to go up and ask him what his handicap is..the response is usually “between 10 and 18”-he is obviously talking about his golf handicap, while you are frustrated about his flagrant misuse of a “privilege”….what can you do….notify authorities….and then what….he still has the tags, and they are legal, issued by the same authorities you are complaining to…..


porting may be legal, but misuse of porting to advance self in the immigration queue though at times is a good alternative to people, is still misuse of the privilege…..people are, by default, nice and defer to the ideology that there are reasons beyond one’s control when they get bumped down, but when 1000’s do it, its only unrealistic to expect not to stand up and ask “WTF”!!

I hope more people stand up and ask “WTF”, not because they are getting bumped down, but because the system is being misused…..it is not the system’s fault that your employer only wanted someone with a basic level of education….its not the system’s fault that the employee in need of any job takes a low qualified job……but somehow it’s the system’s fault that the employee now that the stomach full and the sleep good, is suddenly aware that somehow they deserved better…..so instead of coming to grips with their reality, they twist reality to fit within their frame of reference….


I just hope the IV comes out and starts asking "WTF".....instead of saying that "its the only hope" and condoning the mass exodus...because all that we are looking from the IV is to be consistent and not choose the easier path....that we do very well without any help...maybe for once the IV will say “this is not the right way to do this, we are only making ourselves less valuable in the eyes of the system that we want to be acknowledged by!”…then maybe the IV will be surprised that it does not need to talk from both sides of the mouth…..

Hey if i were you i would not complain about the reds. Take the reds as an indication that your post is being read by people out here. Better reds and nothing .....

As for the rest of your post i will give way to the more knowledgeable persons on this forum who i am sure will give an appropriately comment and reply to your post ...

waitingnwaiting
02-14-2011, 12:12 PM
yea pappu....once again great response, but really on the tangent...
The focus is on "misusing" porting to advance position in a queue....-not about the legality of porting...
....btw, thnx for the reds!!

now that everyone got over their fix for passing reds read the rest...

been to a parking lot lately...notice how the best spots closest to the entrances are all marked blue with a sign that says 'handicapped' only....notice how also that they are usually empty.....try parking there anytime...feel the light weight of your wallet immediately....you drive around the lot a few times to find a spot…see none….then suddenly this car comes up and parks in the handicapped spot…guy jumps out, takes his golf bags, then just before leaving, sticks a handicapped tag on the front…..ever wanted to go up and ask him what his handicap is..the response is usually “between 10 and 18”-he is obviously talking about his golf handicap, while you are frustrated about his flagrant misuse of a “privilege”….what can you do….notify authorities….and then what….he still has the tags, and they are legal, issued by the same authorities you are complaining to…..


porting may be legal, but misuse of porting to advance self in the immigration queue though at times is a good alternative to people, is still misuse of the privilege…..people are, by default, nice and defer to the ideology that there are reasons beyond one’s control when they get bumped down, but when 1000’s do it, its only unrealistic to expect not to stand up and ask “WTF”!!

I hope more people stand up and ask “WTF”, not because they are getting bumped down, but because the system is being misused…..it is not the system’s fault that your employer only wanted someone with a basic level of education….its not the system’s fault that the employee in need of any job takes a low qualified job……but somehow it’s the system’s fault that the employee now that the stomach full and the sleep good, is suddenly aware that somehow they deserved better…..so instead of coming to grips with their reality, they twist reality to fit within their frame of reference….


I just hope the IV comes out and starts asking "WTF".....instead of saying that "its the only hope" and condoning the mass exodus...because all that we are looking from the IV is to be consistent and not choose the easier path....that we do very well without any help...maybe for once the IV will say “this is not the right way to do this, we are only making ourselves less valuable in the eyes of the system that we want to be acknowledged by!”…then maybe the IV will be surprised that it does not need to talk from both sides of the mouth…..

There is no 'misuse'. It is 'use' of porting.
If it is wrong then tell me why are all lawyers filing porting applications?

bratramm
02-14-2011, 12:36 PM
to say that 4 people live in an apartment is ok...students do that all the time......students live together to be able to qualify for "state tuition".....to say 700 people live in the same apartment at the same time.....is that "use" or "misuse"???

bratramm
02-14-2011, 12:44 PM
Lawyers dont care about "use" or "misuse"....they care about law...is it legal or not....."use" and "misuse" are values and principles of the "greater good"...its the system values and system principles that create law which lawyers follow.....so yea.....it is legal....but soon, we would have killed the goose that laid the golden egg to port more people, and at that point, the law will just clamp down more....and more....it wont be long before the USCIS will get more stringent about about porting....just as they got stringent about H1-B visa and "employee-employer" relationships, just as they got stringent about quota....the law 'reacts' to a issue....a system is 'proactive'.....for some entity like IV to say its ok to port without thinking about the "greater good" is like saying " I only have time to drive but I dont have time to fill gas or change oil".....

There is no 'misuse'. It is 'use' of porting.
If it is wrong then tell me why are all lawyers filing porting applications?

Saralayar
02-14-2011, 12:54 PM
The guys who are against porting EB3 to EB2 are not matured enough. Who ever is thinking of porting are in this country for more than 10 years fighting to get their green card. The guys who are shouting against this are here just a few years or finished their education here a few years back. Guys, think and then write.

bratramm
02-14-2011, 01:05 PM
If that is the case, why dont we say, anyone who is eligible can port, but cannot retain the PD...even though EB2 GC takes 3-4 years, now, and not 10-15 years like EB3, do you think many will want to do that.....

its all about maturity...its about a maturity to think beyond the horizon....
its not about being against porting.....its the "use"....

how about I put this in another context...would you or many people here be willing to accept all the illegal immigrants and grant them a PD based on when they first came to the country???? yes, they are illegal immigrants, and therefore they should go to the end of the line (if they get to that point), and that is OK, but its not OK to not go to the end of the line when you switch categories?......
...not to unsettle people or create propoganda.....but we cannot solve immigration issues by telling immigrants that it is "ok" to take whatever shortest path towards immigration.....the immigration system really needs an overhaul, but what we are doing by condoning these ideas is a perpetuity of the same problem...not a solution...

The guys who are against porting EB3 to EB2 are not matured enough. Who ever is thinking of porting are in this country for more than 10 years fighting to get their green card. The guys who are shouting against this are here just a few years or finished their education here a few years back. Guys, think and then write.

snathan
02-14-2011, 01:15 PM
The guys who are against porting EB3 to EB2 are not matured enough. Who ever is thinking of porting are in this country for more than 10 years fighting to get their green card. The guys who are shouting against this are here just a few years or finished their education here a few years back. Guys, think and then write.

If you are in this country for 10 years, it does not give you the privilege to break the line. There are people who did not even start the GC process until end of their - 5 year H1B. Does it give them any privilege to break the line since they are here for 10 years?

The question arises only when people are using the fake EB2 job requirement when you are working with the desi consultants and misuse the system.

There are still people with genuine opportunity to move to the EB2 job and port their PD. But we are talking about people creating tailor made Eb2 requirements and play the system.

But all these argument are useless here in the forum. Whether we like it or not, sooner or later the USCIS going to tighten the screws. So I am not losing my sleep over it.

delhiguy
02-14-2011, 01:20 PM
I know few guys , who were so duffer , that after completing engineering in India, they could not get a good job , and that's why they came to USA to do MS, and thereby being eligible for EB2, they got jobs here through Desi consultants, and filed in EB2.
I am not saying everyone is like that , I am just talking sarcastically , and giving EB2 guys (who are good) an idea to start a discussion on how to get a law passed to send those EB2 (who are duffers) back to EB3.
hahhaha

snathan
02-14-2011, 01:25 PM
I know few guys , who were so duffer , that after completing engineering in India, they could not get a good job , and that's why they came to USA to do MS, and thereby being eligible for EB2, they got jobs here through Desi consultants, and filed in EB2.
I am not saying everyone is like that , I am just talking sarcastically , and giving EB2 guys (who are good) an idea to start a discussion on how to get a law passed to send those EB2 (who are duffers) back to EB3.
hahhaha

Can you please shed some light on what you are trying to convey. If you are trying to change the law...good luck with that.

gk_2000
02-14-2011, 01:39 PM
gk_2000,

I am all for a civilized and sensible exchange of view and opinions.

You are forgetting a third dimension - supply. Demand (Applications for GC-EB3) does not necessarily mean that the Sale (approval of GC-EB3) can be completed because the supply (quota for EB3) is limited. I understand your point that since there are more applications for EB3 (demand), the EB3 approvals (sale) should be increased by increasing the quota for EB3 (supply). But, that's exactly the bottleneck here. The USCIS does not have the power to do that and the law makers do not want to do that. The quota system is there for some reason. Whether that reason sounds reasonable enough to you or not depends on whether you are in EB1 or EB2 or EB3 or from India or China or ROW etc.

Please don't get me wrong. I have nothing against EB3. Majority of the people in EB3 feel that they are victims of the system and they should be actually in EB2. Most of the EB2 people feel that they should be in EB1. Especially when you look at some cases in EB1, some EB2 may feel that they should probably be in some higher category than EB1. Some new category - EB1+. Some EB1 people feel that they should not be in EB category at all. They feel that a new category should be formed - GB (Genius Based) category because some PhD holders don't want to be equated with the so called "International Managers". US Citizens and Green Card holders don’t want us at all. They want to close the door behind them.

Do you think the USCIS and the law makers care about our rumblings?

The reason for not increasing the quotas has more to do with politics than anything else. Even if you look at it from the diversity angle, what dent can 140000 people make in a country of 310 Million, even assuming they are all Hindus?
There is a conflict in what people think is of the nation's interest and in what the businesses think they need. This is artificial, however, because government and its politics are involved.
Our job would be to press the senators; nothing more, nothing less. In politics, it is only the pressure we exert that counts, unfortunately. If EB immigration were privatized, it might have been more ideal

PlainSpeak
02-14-2011, 02:21 PM
I guess EB2 and EB3 can talk as much as they want here but the fact is

- Porting is legal and will remain so
- Fradulent Porting will have many audits and Genuine Porting will go through much easier
- Porting will act like a brake to the runaway EB2 dates but the impact will not be much
- People who can port will continue to port and nothing can stop them
- USCIS will not touch porting law because it is the law and legislation is needed for a change to a law. There is a much better chance of USCIS changing the spillover interpetation because by definition it is an interpetation of a law and not law by itself.
- USCIS will scrutinize ported applications more, but people who are in EB3 for a long time can back up their porting with the experience they gained over the long period of time they waited in the line. Yes they can also change jobs because of the experience they have. Porting might get tougher for EB3 applicants with dates 2006 and beyond unless they have a job which is an EB2 requirement job and they have the credentials to back it up.

Finally EB2 members chill out and accept the facts that porting is the law and will happen regardless of us discussing the pros and cons on any forum

Slave_2k
02-14-2011, 02:37 PM
By tailoring are you referring to what the Lawyers do in order to get an application processed successfully?

I believe that is the mandate of a lawyer, whether he\she works for a consulting firm or to a big corporation.

I just have a generation question for which someone here could help me understand. why is that there are very minimal number of EB3 applications filed post 2007?

Is it?

a) Mostly well qualified, smarter people are coming to the US from India than prior to 2007?
b) EB3 line is not moving and so everybody is convincing their employers to file in EB2?
c) Other (explantion?)

Just curious to know the take on this from more qualified(read EB2 or EB1) folks on this.

If you are in this country for 10 years, it does not give you the privilege to break the line. There are people who did not even start the GC process until end of their - 5 year H1B. Does it give them any privilege to break the line since they are here for 10 years?

The question arises only when people are using the fake EB2 job requirement when you are working with the desi consultants and misuse the system.

There are still people with genuine opportunity to move to the EB2 job and port their PD. But we are talking about people creating tailor made Eb2 requirements and play the system.

But all these argument are useless here in the forum. Whether we like it or not, sooner or later the USCIS going to tighten the screws. So I am not losing my sleep over it.

snathan
02-14-2011, 02:41 PM
I guess EB2 and EB3 can talk as much as they want here but the fact is

- Porting is legal and will remain so
- Fradulent Porting will have many audits and Genuine Porting will go through much easier
- Porting will act like a brake to the runaway EB2 dates but the impact will not be much
- People who can port will continue to port and nothing can stop them
- USCIS will not touch porting law because it is the law and legislation is needed for a change to a law. There is a much better chance of USCIS changing the spillover interpetation because by definition it is an interpetation of a law and not law by itself.
- USCIS will scrutinize ported applications more, but people who are in EB3 for a long time can back up their porting with the experience they gained over the long period of time they waited in the line. Yes they can also change jobs because of the experience they have. Porting might get tougher for EB3 applicants with dates 2006 and beyond unless they have a job which is an EB2 requirement job and they have the credentials to back it up.

Finally EB2 members chill out and accept the facts that porting is the law and will happen regardless of us discussing the pros and cons on any forum

Wrong...

- USCIS did not have to have the law to come up with the EE for H1B. Similiarly there is nothing stopping USCIS to ask more documentation for porting if the requirement is not genuine.
- You can not justify porting because you are waiting in line. Undocumented people waiting in line longer than us .
- Its not the fault of the system where the job requirement is minimum qualification and comes under the EB3. So the long wait time in line is invalid.

PlainSpeak
02-14-2011, 02:44 PM
Wrong...

- USCIS didnot have to have the law to come up with the EE for H1B. Similiarly there is nothing stopping USCIS to ask more documentation for porting if the requirement is not genuine.
- You can not justify porting because you waiting in line. Undocumented people waiting in line longer than us .
- Its not the fault of the system where the job requirement is minimum qualification and comes under the EB3. So the long wait time in line is invalid.

You say wrong but you agree with me :)

- USCIS didnot have to have the law to come up with the EE for H1B. Similiarly there is nothing stopping USCIS to ask more documentation for porting if the requirement is not genuine.And if the case is genuine it will go through else it will fail. Let USCIS worry about it after all they do get paid to do just that.

- You can not justify porting because you waiting in line. Undocumented people waiting in line longer than us .
Porting is a valid law and to use a valid law in USA a person does not need to justify to anyone, least of all you and me.

- Its not the fault of the system where the job requirement is minimum qualification and comes under the EB3. So the long wait time in line is invalid.
And the system reconizes that aperson cannot be expected to be in the same job for 10 years and gives a provision to the person to port if he is eligible and his case is genuine

Anyone porting to EB2 is doing it because he is eligible to do it just like a fresh MS is eligible to apply in EB2 because of his MS irrespective of his experience

snathan
02-14-2011, 02:47 PM
By tailoring are you referring to what the Lawyers do in order to get an application processed successfully?

I believe that is the mandate of a lawyer, whether he\she works for a consulting firm or to a big corporation.

I just have a generation question for which someone here could help me understand. why is that there are very minimal number of EB3 applications filed post 2007?

Is it?

a) Mostly well qualified, smarter people are coming to the US from India than prior to 2007?
b) EB3 line is not moving and so everybody is convincing their employers to file in EB2?
c) Other (explantion?)

Just curious to know the take on this from more qualified(read EB2 or EB1) folks on this.

1. You need to prove the business necessity of the EB2 requirements.

2. The candidate meets the requirement

3. It doesn’t matter whether you are porting or first time going for EB2; it invites lot of scrutiny and possible audit.

4. But when you are porting with the same employer, the misery increases many fold as there is no restriction for the USCIS to ask any kind of document.

5. If you are working for an end client, big corp. and moving to different position...you shouldn't have any issues.

If you are working for consulting companies, porting within the same employer and tailor made requirement....you will face the music

I am not saying porting is illegal. We are not talking about using the porting. We are talking about misuse of porting....

snathan
02-14-2011, 02:49 PM
You say wrong but you agree with me :)

- USCIS didnot have to have the law to come up with the EE for H1B. Similiarly there is nothing stopping USCIS to ask more documentation for porting if the requirement is not genuine.And if the case is genuine it will go through else it will fail. Let USCIS worry about it after all they do get paid to do just that.

- You can not justify porting because you waiting in line. Undocumented people waiting in line longer than us .
Porting is a valid law and to use a valid law in USA a person does not need to justify to anyone, least of all you and me.

- Its not the fault of the system where the job requirement is minimum qualification and comes under the EB3. So the long wait time in line is invalid.
And the system reconizes that aperson cannot be expected to be in the same job for 10 years and gives a provision to the person to port if he is eligible and his case is genuineAnyone porting to EB2 is doing it because he is eligible to do it just like a fresh MS is eligible to apply in EB2 because of his MS irrespective of his experience

Isnt it what I am advocating all the day....:confused:

snathan
02-14-2011, 02:51 PM
Hope you are coming for Advocacy 2011 in Apr.

Most likely....thanks

PlainSpeak
02-14-2011, 02:52 PM
Isnt it what I am advocating all the day....:confused:

NO !!

You were advocating
- banning porting
- placing ported application behind EB2
- ranting about fraud porters
- asking justification for porting
- combining all porters as fraud applicants

And i am saying is you do your job and let USCIS do theirs. They get paid for it. You dont !!
:cool::cool::cool:

snathan
02-14-2011, 02:58 PM
NO !!

You were advocating
- banning porting
- placing ported application behind EB2
- ranting about fraud porters
- asking justification for porting
- combining all porters as fraud applicants

And i am saying is you do your job and let USCIS do theirs. They get paid for it. You dont !!

Then what are you arguing here for?

:cool::cool::cool:

Can you show me where I was advocating all your imaginary points? I don’t have time to argue with a retard and a liar I am stopping here. This useless discussion leading nowhere and nothing is going to change.

Your red dots show all your reputation. Have fun.

PlainSpeak
02-14-2011, 03:03 PM
Can you show me where I was advocating all your imaginary points? I don’t have time to argue with a retard and a liar I am stopping here. This useless discussion leading nowhere and nothing is going to change.

Your red dots show all your reputation. Have fun.

Hey getting red dots is a badge of recognition. To make matters straight i never gave a red to you.
As to my reputation .... I guess others were not so accomodating of my opinion as i am of yours (By not giving you a red)

Jokes aside, you can go ahead and call me a retard and a liar. That is your perogative. In my experience someone who has no arguments resorts to abuses.

Yes this is a useless discussion (EB3 porting are causing EB2 to retrogress) and the sooner the line of thinking which supports the statement in bold is adandoned the better for everyone.

Yes you are right nothing will change (That includes the current spillover interpetation and Porting law)

Slave_2k
02-14-2011, 03:03 PM
1. You need to prove the business necessity of the EB2 requirements.

Correct, So the business necessity for EB2 is more since 2007 than prior to that? Can that be a good conclusion to draw ? or is it because people are increasingly preferring and convincing their employers to file only in EB2. That is my doubt.

2. The candidate meets the requirement

Correct, So since we are seeing majority of EB2 applications after 2007, we can presume that the majority are indeed meeting the requirement?

3. It doesn’t matter whether you are porting or first time going for EB2; it invites lot of scrutiny and possible audit.

Which is good right? It slows the porting process and so it is good for EB2?

4. But when you are porting with the same employer, the misery increases many fold as there is no restriction for the USCIS to ask any kind of document.

Which is again good for EB2. So going by this there must be a very small number from EB3 that would have the possibility, energy and courage to actually do the porting. Again good for Eb2 folks?

5. If you are working for an end client, big corp. and moving to different position...you shouldn't have any issues.

Basically the odds are stacked against the EB3 in porting to EB2. Now what is the concern that the odds are not enough?

If you are working for consulting companies, porting w
1. You need to prove the business necessity of the EB2 requirements.

Correct, So the business necessity for EB2 is more since 2007 than prior to that? Can that be a good conclusion to draw ? or is it because people are increasingly preferring and convincing their employers to file only in EB2. That is my doubt.

2. The candidate meets the requirement

Correct, So since we are seeing majority of EB2 applications after 2007, we can presume that the majority are indeed meeting the requirement?

3. It doesn’t matter whether you are porting or first time going for EB2; it invites lot of scrutiny and possible audit.

Which is good right? It slows the porting process and so it is good for EB2?

4. But when you are porting with the same employer, the misery increases many fold as there is no restriction for the USCIS to ask any kind of document.

Which is again good for EB2. So going by this there must be a very small number from EB3 that would have the possibility, energy and courage to actually do the porting. Again good for Eb2 folks?

5. If you are working for an end client, big corp. and moving to different position...you shouldn't have any issues.

Basically the odds are stacked against the EB3 in porting to EB2. Now what is the concern that the odds are not enough?

If you are working for consulting companies, porting within the same employer and tailor made requirement....you will face the music

PlainSpeak
02-14-2011, 03:07 PM
1. You need to prove the business necessity of the EB2 requirements.

Correct, So the business necessity for EB2 is more since 2007 than prior to that? Can that be a good conclusion to draw ? or is it because people are increasingly preferring and convincing their employers to file only in EB2. That is my doubt.

2. The candidate meets the requirement

Correct, So since we are seeing majority of EB2 applications after 2007, we can presume that the majority are indeed meeting the requirement?

3. It doesn’t matter whether you are porting or first time going for EB2; it invites lot of scrutiny and possible audit.

Which is good right? It slows the porting process and so it is good for EB2?

4. But when you are porting with the same employer, the misery increases many fold as there is no restriction for the USCIS to ask any kind of document.

Which is again good for EB2. So going by this there must be a very small number from EB3 that would have the possibility, energy and courage to actually do the porting. Again good for Eb2 folks?

5. If you are working for an end client, big corp. and moving to different position...you shouldn't have any issues.

Basically the odds are stacked against the EB3 in porting to EB2. Now what is the concern that the odds are not enough?

If you are working for consulting companies, porting w

Slave_2k - I guess snathan never got the intent of your intial post ;););)

snathan
02-14-2011, 03:12 PM
1. You need to prove the business necessity of the EB2 requirements.

Correct, So the business necessity for EB2 is more since 2007 than prior to that? Can that be a good conclusion to draw ? or is it because people are increasingly preferring and convincing their employers to file only in EB2. That is my doubt.

2. The candidate meets the requirement

Correct, So since we are seeing majority of EB2 applications after 2007, we can presume that the majority are indeed meeting the requirement?

3. It doesn’t matter whether you are porting or first time going for EB2; it invites lot of scrutiny and possible audit.

Which is good right? It slows the porting process and so it is good for EB2?

4. But when you are porting with the same employer, the misery increases many fold as there is no restriction for the USCIS to ask any kind of document.

Which is again good for EB2. So going by this there must be a very small number from EB3 that would have the possibility, energy and courage to actually do the porting. Again good for Eb2 folks?

5. If you are working for an end client, big corp. and moving to different position...you shouldn't have any issues.

Basically the odds are stacked against the EB3 in porting to EB2. Now what is the concern that the odds are not enough?

If you are working for consulting companies, porting w

Before going into all these details...do you have any source which gives the statistics of post-2007 EB2 numbers are greater than pre-2007 EB2 numbers? Or is that also your perception.

Moreover you will have to ask these questions to the employers who are filing in EB2 and who has the business necessity for EB2 and USCIS who are approving that EB2.

You can try FIOA for USCIS....

For your information I am not against porting and dont mind to wait for couple more years.

gopinathan
02-14-2011, 03:16 PM
a) no comments there

b) people (like me) who came in 2000 and did MS - working full time learned that EB3 will take years and your job out of school doesn't cut for EB2 (for big corporations). so, we wait 5 years and switch employers and start in EB2.. lucky ones (:eek:) get a desi consultant to do their EB2 right away and unlucky ones like you and me will wait - different queue but wait times are multiple years.. you decided for EB3 right away while I waited 5 years to be in EB2. with PD in Jan 2010, will wait couple more years... hopefully you will get your GC (with EB3I 2003 PD) a little sooner than me.. good luck..

c) no comments either...


...
a) Mostly well qualified, smarter people are coming to the US from India than prior to 2007?
b) EB3 line is not moving and so everybody is convincing their employers to file in EB2?
c) Other (explantion?)

Just curious ....

gk_2000
02-14-2011, 03:23 PM
It's funny how some pompous posters challenged the EB3 members to "port if you can, who is stopping you?" and when people are porting there is this loud sound of collective whining. Go home to your mommas, crybabies!

Goodintentions
02-14-2011, 03:25 PM
Dear All,

This is certainly not the first time we have been having this EB2 / EB3 battles. Several hundred man hours have been wasted over the years in this type of infructuous squabbling :( In the process we always tend to prove to the outside world that we are a set of people who can never unitedly fight for a common cause. We also feed the anti-immigrant lobby with all the ammunition, free of cost!

Instead of calling up senators and other people to stop others from progressing, why can't we all call up law makers for Visa recapture or any other program / bill which would benefit all of us? Positive thoughts bring positive vibrations and positive vibrations bring positive results (This is something scientifically proven). So, why allow negativity to overcome us?

I have been visiting our local Congressmen's office over the last 2 years. From whatever I have heard from that office, it appears that no one seems to be really interested to make sincere and collective attempts. At this rate, even the most powerful of lobbies cannot help us.

The EB community folks have a good family and educational background and are intelligent. Many of us excel in our jobs and in our projects! With all the arsenal at our disposal why should we fight amongst oursleves and sink collectively? Please remember my dear friends : We either co-exist or co-perish

I am just one of you, suffering. I am not a leader here! I am earnestly requesting one and all to introspect and think of moving forward collectively! We are our only enemies!

Meet lawmakers, telephone, write and post thousands of letters (letters are always better than emails).
[From my side I must have written atleast 100 letters and visited the Congressman's office atleast 15 times]

May good sense prevail and let us all work together!

GOD bless the suffering EB community!

Slave_2k
02-14-2011, 03:29 PM
Hi snathan

Before going into all these details...do you have any source which gives the statistics of post-2007 EB2 numbers are greater than pre-2007 EB2 numbers? Or is that also your perception.

You are right. That is my perception. I got that perception after reading the backlog document that USCIS is publishing once every quarter.

Moreover you will have to ask these questions to the employers who are filing in EB2 and who has the business necessity for EB2 and USCIS who are approving that EB2.

Correct. I was just wondering if smarter people in this crowd could help me understand. You are right, your suggestion is one way to know it. I was just trying to get a easy answer I guess.

Before going into all these details...do you have any source which gives the statistics of post-2007 EB2 numbers are greater than pre-2007 EB2 numbers? Or is that also your perception.

Moreover you will have to ask these questions to the employers who are filing in EB2 and who has the business necessity for EB2 and USCIS who are approving that EB2.

You can try FIOA for USCIS....

For your information I am not against porting and dont mind to wait for couple more years.

PlainSpeak
02-14-2011, 03:29 PM
It's funny how some pompous posters challenged the EB3 members to "port if you can, who is stopping you?" and when people are porting there is this loud sound of collective whining. Go home to your mommas, crybabies!

I agree .....

Kathi Murgi ka dard sirf kathi murgi ko patta hota hai

Transalation for Non Hindi Members
Only a chicken whose throat is being cut will understand the pain of a throat getting cut

snathan
02-14-2011, 03:37 PM
:d

PlainSpeak
02-14-2011, 03:40 PM
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1879808-can-spillover-be-shared-equally.html

read this thread to understand why is the crybaby....:D

I thought gk_2000 was talking about crybabies crying about porting and you are referencing spillover argument. You are replying to apples with oranges.
Not a good retort :p:p:p

PlainSpeak
02-14-2011, 03:50 PM
OK, What if USCIS tomorrow decides to allocate unused visas to EB-3 (I) ONLY for next few years. Do EB2 guys port to EB3 or remain in EB2 line?

It takes a strong person with conviction and ethics to state that he/she will not port, and he/she has no objection against porting.

To answer your question directly probably Yes.. except those whose priority dates are close to current
;)

psaxena
02-14-2011, 03:52 PM
Careful , door may hit your ass on your way out. Good for nothing few KBs of load is off the IV server. Species with smartness like yours is only respected at kissantiimiigrantass.com


Listen to Me Dick Head,



I am going to be leaving IV because of idiots like you.

And no one talked about smartness, I talked about the system.

gk_2000
02-14-2011, 03:53 PM
I thought gk_2000 was talking about crybabies crying about porting and you are referencing spillover argument. You are replying to apples with oranges.
Not a good retort :p:p:p

Nathan was not retorting. He was giving us another example where they were bashing up someone who came with nothing more than an innocent idea. Not only whiners but bullies.

snathan
02-14-2011, 03:58 PM
It takes a strong person with conviction and ethics to state that he/she will not port, and he/she has no objection against porting.
To answer your question directly probably Yes.. except those whose priority dates are close to current
;)

Do you accept you dont have any of these as you are supporing misuse of porting:cool:...

gk_2000
02-14-2011, 04:02 PM
Do you accept you dont have any of these as you are supporing misuse of porting:cool:...

I would advise you to quit this thread Mr. Nathan, because I used to have some respect for you, and here you are losing it. What's the matter with you?

PlainSpeak
02-14-2011, 04:04 PM
Do you accept you dont have any of these as you are supporing misuse of porting:cool:...

You really need to read the posts completely before replying back

It takes a strong person with conviction and ethics to state that he/she will not port

I am EB3 Oct 2005 and i will NOTport.
Thats conviction in case you cannot identify.

I do not have any objection to any other EB3 porting to EB2 even though they will definitly be ahead of me in the line.
Thats ethics in case you cannot identify that too.

Now can you go ahead and say the same.
- That you will not try and port to EB1 and
- That you will not have any objection to EB3 and EB2 porting to higher category

snathan
02-14-2011, 04:06 PM
I would advise you to quit this thread Mr. Nathan, because I used to have some respect for you, and here you are losing it. What's the matter with you?

I gave up long time back on this useless argument and thread....peace :=)

this reply was for Plainspeak as she was accusing me that I am against porting. I am not against porting. I am against misuse of porting like any other systems - H1B, L1B frauds.

PlainSpeak
02-14-2011, 04:09 PM
I gave up long time back on this useless argument and thread....peace :=)

this reply was for Plainspeak as she was accusing me that I am against porting. I am not against porting. I am against misuse of porting like any other systems - H1B, L1B frauds.

And i say again.......

Let USCIS figure out who is a fraud and who is not. Why do you have to rave and rant about it. Unless you have a problem with Porting overall (Both Fraud and Genuine) ...

By the way the use of words like Useless and other abuses by you do not reflect good on your status as a senior member and donor in IV, especially now ...
Or maybe you are just a donor and not senior in any way

snathan
02-14-2011, 04:21 PM
We can keep argue about this all day...but nothing is going to change. Personally I don’t have anything to do with porting. I wish stayed away from this mud slugging. Peace :)

Lets stop here and focus our energy on the Advocacy day and meeting the law makers.
Ping me if anyone of you interested to meet Senator Jon cornyn's staff next week.

waitingnwaiting
02-14-2011, 04:39 PM
We can keep argue about this all day...but nothing is going to change. Personally I don’t have anything to do with porting. I wish stayed away from this mud slugging. Peace :)

Lets stop here and focus our energy on the Advocacy day and meeting the law makers.
Ping me if anyone of you interested to meet Senator Jon cornyn's staff next week.

If USCIS decides to give spillover visas first to most backlogged EB3 I, then all these EB2 folks against porting will port to EB3. :D

So do not pay attention to these hypocrites.

delhiguy
02-14-2011, 08:33 PM
If you talk to local americans, they say people are misusing H1/L1 visa program.
Let's give up H1 and all go back?

well said. The whole h1b program is a sham , according to some anti immigrants.

keerthisagar
02-14-2011, 09:29 PM
to say that 4 people live in an apartment is ok...students do that all the time......students live together to be able to qualify for "state tuition".....to say 700 people live in the same apartment at the same time.....is that "use" or "misuse"???

Lawyers dont care about "use" or "misuse"....they care about law...is it legal or not....."use" and "misuse" are values and principles of the "greater good"...its the system values and system principles that create law which lawyers follow.....so yea.....it is legal....but soon, we would have killed the goose that laid the golden egg to port more people, and at that point, the law will just clamp down more....and more....it wont be long before the USCIS will get more stringent about about porting....just as they got stringent about H1-B visa and "employee-employer" relationships, just as they got stringent about quota....the law 'reacts' to a issue....a system is 'proactive'.....for some entity like IV to say its ok to port without thinking about the "greater good" is like saying " I only have time to drive but I dont have time to fill gas or change oil".....

Pappu wrote about the legality of the issue. As long as it is the law, people can port. That is the "use" aspect.

As for the "misuse" of the law you seem to believe, IV as an organization cannot go to the USCIS (or whoever) and demand enquiry based on some members post on IV thread. If you (anyone) know of the "misuse" of the law, then provide evidence of it to IV - so that they have the proof when they confront the official. Volunteer for IV to get the proof and contact the core, they may be able to bring the "misuse" discussion to the forefront.

And members, please talk to iv team to know what IV's policies are, do not make up policies as you go and claim it to be that of the team. I say this because I was a guest of this site for a long time, but never thought of becoming a member because of all the bickering. However, having talked to some of the core members, I believe that we are better of supporting IV (what are we doing on the IV forums if not?;) ) so that we can get our issues resolved. Guests may never become members because of this bickering!

All talk with no action is not an option!

igreen
02-14-2011, 11:33 PM
Disclaimer - No legal opinion. I have nothing to gain or lose from porting.

After going the posts about the law and misuse , I though of writing below posts.
All those people who have been here from past 5 years , following are the at least three case we have seen happening in our immigration life-

Labor substitution - It was perfectly legal and nobody seem to have any issue. Slowly "misuse" entered and then people started showing their money power to use the substitution. Authorities became aware and they banned it or stopped it whatever you call. All future applicant lost this "legal" opportunity due to misuse.

H1B petition - Everybody was applying for visa and getting it. Slowly more ideas flown in and we started "misusing " the whole system. It became irrelevant whether you are getting paid regularly or not , whether you are on project or not as far you have petition approved. Authorities became aware and they brought in more checks which were never asked before.
All future/ present applicant or people working in Vendor- client models are facing big challenges getting their petition approved or getting approved for full term.

H1B visa - All those veteran here , do you ever remember spending sleepless nights when you went for visa stamping other than getting appointment dates? Visa stamping used to very pleasant experience in the past. Fast forward to present its nightmare. Still "very legal" to say but again gross misuse of job offer,no projects etc. People are canceling their planned vacation due to this continuous stream of 221G stories. Think why we landed in this - misuse but legal.

Nobody should object if it legal. There is no objection whatsoever if porting is done in legal boundaries. Problem starts when few people stretch these boundaries or sometimes even step out occasionally and then come in these forums and say all legal.
Some of the companies may look it as avenue to earn more money by promising these porting. So word of caution is that do it when you think it is not misuse.

From some other posts , it looks like authorities have smelled this porting sooner that expected and they have already started questioning in various manner keeping legalities intact. Whatever may be the big company , they do not like to deal with USCIS and if they are questioned , they will stop allowing any porting . Small desi firms will use this as an opportunity and will take this matter in their hand and will take it to its final course - ban / stop porting by authorities etc.

You are the only judge whether to do it legally or not ( I know all of you understand the immigration legal system ). I hope we do not push this"legal" argument too much and add one more case about how we moved from legal to misuse to either lose or ban these opportunities.

eastindia
02-15-2011, 09:02 AM
What is the net result of all the discussion.
Was anyone able to stop porting? Ha Ha.

What a waste of ink.

pnara2
02-15-2011, 09:37 AM
Guys,
Like I said earlier, I am not good at numbers/calculations. However, I read in some post that there is a possibility of EB2 retrogression even further like family based ones! Could this really happen? I mean even in worst case?

Because, I see EB-2 only progressing forward, maybe at a slow pace but I have never seen EB-2 going backwards, atleast, in last couple of years!

Majority of people predict that EB2 date will be around March-2007 by end of december-2011. I am just sticking to this assumption for now!


Thanks,
Prasad.

PERM Approved- August, 2009
I-140 Approved- December 2009
Priority Date: March-2009

Michael chertoff
02-15-2011, 09:44 AM
Read my post again. As long as the job porting is genunie I dont have any issues and I am not against porting

Thats what I am saying. let them port, but should go back in the line not in front of others. they will cause a retrogression.

Thanks

MC

Saralayar
02-15-2011, 09:49 AM
Guys,
Like I said earlier, I am not good at numbers/calculations. However, I read in some post that there is a possibility of EB2 retrogression even further like family based ones! Could this really happen? I mean even in worst case?

Because, I see EB-2 only progressing forward, maybe at a slow pace but I have never seen EB-2 going backwards, atleast, in last couple of years!

Majority of people predict that EB2 date will be around March-2007 by end of december-2011. I am just sticking to this assumption for now!


Thanks,
Prasad.
Prasad,
Please fill in your green card processing details frist if you have filed your GC. It will be useful for the forums statistics.

bratramm
02-15-2011, 09:52 AM
The intention is not to stop porting-the intention is for IV to stand up and say "porting is not the 'last hope'".....the intention is for IV to say "porting at this scale, and in this economy will only reduce our efforts to gain inroads and make meaningful progress in fixing the immigration system"

.....I am for porting if there is a 'employment' need.....not an 'employee' need....

I have heard many posters here say that the big 10 companies will not sponsor a EB2....but why blame the employer who thinks that their business need is only for a eb3 position-if you have a PhD, then its your choice to accept a low paying job/description...not the employer's fault.....what does the employer gain by hiring and paying a PhD to do a EB3 job....

I have heard other posters here say that they have been here for 10 years and therefore they have a "right" to the EB2 queue....once again, and hopefully for the last time...the employee never ever can/does determine the EB category, the USCIS will decide based on the employer needs-its that simple.....as prospective employees put their resumes for a job, no sane employee will apply for a entry level job with 10 years of experience.....and if they do, then they will obviously not be paid based on their experience, but based on the employers need....its always the employers need…and if you are frustrated with not being able to move ahead, then you have only yourselves to blame to your shortsightedness.

The entire H1-B program is based on the employers need-not the employees need…..

The entire “immigration” program is based on the immigrants need to immigrate….the EB program which is an immigrant program based on the employment need….the need for employment dictated by the employer….which is why the labor/I-140 is entirely employer based, and only the last step is employee based….

Do not confuse your desires with the employers needs…..because the employer does not.....

Do you believe that in an 10% unemployment rate, the USCIS will believe that there is a glut of highly skilled jobs available for ‘mid level’ skilled labor, but only for immigrants? I mean how smart does one have to be to know that there is something fishy is going on….how smart does one have to be to start seeing a pattern….Do you not think the USCIS will bring about stricter regulations to scrutinize the process, and effectively delaying the approval…or worse, bring about a ban on porting completely?


I mean, we really do need to see what we are doing here-we are the reason why there is so much chaos in the system....


What is the net result of all the discussion.
Was anyone able to stop porting? Ha Ha.

What a waste of ink.

PlainSpeak
02-15-2011, 10:19 AM
As long as porting is a legal avenue and available to a legal immigrant it will be used the way it is being used and no matter what some people say about preference/employee requirement and other "buzz words" there will be no impact to how USCIS implements porting.

EB2 guys who are complining about porting. You are NOT so important that USCIS will jump to their feet and amend a law just because it is detrimental to your case.

bratramm
02-15-2011, 10:42 AM
and as long as you keep speaking into a well, you will only hear your own voice.....

I am sure Eb2 is not important, and neither is EB3 or any of the other individual silos we are in....as for amending a law, the USCIS does not have to do that...it can just make it more cumbersome to all, and it will....it already has all the mechanisms to scrutinize a case to the extent that it becomes difficult for the employer and eventually risking the underlying job....then companies may start saying, its "too risky", wait for few more years....

...not to be the siren, but its only a matter of months before companies under the stress of the excessive documentation needed and the money involved will opt out of the system, and hire local workers.....which will probably help the unemployment rate greatly...

As long as porting is a legal avenue and available to a legal immigrant it will be used the way it is being used and no matter what some people say about preference/employee requirement and other "buzz words" there will be no impact to how USCIS implements porting.

EB2 guys who are complining about porting. You are NOT so important that USCIS will jump to their feet and amend a law just because it is detrimental to your case.

PlainSpeak
02-15-2011, 10:57 AM
and as long as you keep speaking into a well, you will only hear your own voice.....

I am sure Eb2 is not important, and neither is EB3 or any of the other individual silos we are in....as for amending a law, the USCIS does not have to do that...it can just make it more cumbersome to all, and it will....it already has all the mechanisms to scrutinize a case to the extent that it becomes difficult for the employer and eventually risking the underlying job....then companies may start saying, its "too risky", wait for few more years....

...not to be the siren, but its only a matter of months before companies under the stress of the excessive documentation needed and the money involved will opt out of the system, and hire local workers.....which will probably help the unemployment rate greatly...

What i do not understand is your logic in continuing this conversation ...

If USCIS scrutinizes the porting application more then they are doing their job for which they get paid
If companies stop supporting porting because of additional paperwork it is their money and they can do what their wish

What USCIS does and what the company does is for them to decide.
Why are you worried about it so much to rant or rave here on the forum?

Let people who want to port go ahead and port and those that have success good for them. What right you do not have is to talk about (Yes that is all you can do) and decide the merit ot demerit of each porting case. You do not make the rules, USCIS does ...

Listen closely ......................................

That is your own voice coming back to you with your lame comments from a well

sk76012w
02-15-2011, 12:31 PM
It is absolutely true that, if the spillover rule changes and the spillover starts going to EB3 instead of EB2, EB2 will start porting to EB3. But, it is also true that EB3 will start objecting to EB2 cutting the line. That proves the point we all know and agree in the heart of our hearts - any porting is OK as long as they go to the end of the line. There is nothing wrong in moving to a shorter line as long as it is to the end of that line. PD porting is just another loophole like sub labor. People will continue to exploit it. One cannot blame them.

PlainSpeak
02-15-2011, 12:37 PM
For a person in the GC process with a priority date of 2001/2002/2003/2004/2005 porting is not a loophole. It is a life line and if that person wants to use the life line he should be able to do so and there is nothing wrong in it

Now when you talk about EB3 people from 2006 and above who are porting, they have the live example of 2005 and before EB3 guys stuck in the queue for so long and all new rules making it even worse and they have a snapshot of what their own situation will be after 5 years from now and hence they are being proactive porting.

PlainSpeak
02-15-2011, 12:41 PM
It is absolutely true that, if the spillover rule changes and the spillover starts going to EB3 instead of EB2, EB2 will start porting to EB3. But, it is also true that EB3 will start objecting to EB2 cutting the line. That proves the point we all know and agree in the heart of our hearts - any porting is OK as long as they go to the end of the line. There is nothing wrong in moving to a shorter line as long as it is to the end of that line. PD porting is just another loophole like sub labor. People will continue to exploit it. One cannot blame them.

I do not think USCIS will agree to an EB2 porting to EB3. No one can justify that they become less educated and less experienced over time. So if ever EB3 dates move ahead i would love to see the reaction of the same EB2 guys who are compalining about porting now

But lets face it EB3 will nevermove ahead of EB2 unless USCIS does some thing explicitly to provide relief to members stuck in GC process for a long time irrespective of category (Visa Recapture) .

Though won't it be exciting if it EB3 moves ahead. :P

sk76012w
02-15-2011, 12:41 PM
gk_2000,

So, you want to push for a quota system that gives importance to demand or for increasing the overall quota beyond 140000? Good luck with that ;-)

gk_2000
02-15-2011, 12:58 PM
and as long as you keep speaking into a well, you will only hear your own voice.....

I am sure Eb2 is not important, and neither is EB3 or any of the other individual silos we are in....as for amending a law, the USCIS does not have to do that...it can just make it more cumbersome to all, and it will....it already has all the mechanisms to scrutinize a case to the extent that it becomes difficult for the employer and eventually risking the underlying job....then companies may start saying, its "too risky", wait for few more years....

...not to be the siren, but its only a matter of months before companies under the stress of the excessive documentation needed and the money involved will opt out of the system, and hire local workers.....which will probably help the unemployment rate greatly...

Hey, "loose canon", are you one of those Anti's ?

Mind what you say, here or anywhere. You have nothing to back up what you say, but you are expressing bearish sentiment, which can be harmful to us. Do you even know the unemployment rate in our industry?

And stop watching Hannity and Glen Beck

Slave_2k
02-15-2011, 01:04 PM
Hi Plainspeak,

I am not sure what the intent could be. But what I could infer is this.

The problems are all very clearly explained. The challenges are all listed with exasperating sense of morality, logic and all the good things humans can think of. The goal could be to just scare the fence sitters into not going for porting. It is either that bad a choice

Or

A real sense of concern for the EB3 folks because they don't them to lose the existing situation in the name of porting.

The readers should draw their own conclusions. That is the only way I can rationalize the amount of detail and research that comes in every post

What i do not understand is your logic in continuing this conversation ...

If USCIS scrutinizes the porting application more then they are doing their job for which they get paid
If companies stop supporting porting because of additional paperwork it is their money and they can do what their wish

What USCIS does and what the company does is for them to decide.
Why are you worried about it so much to rant or rave here on the forum?

Let people who want to port go ahead and port and those that have success good for them. What right you do not have is to talk about (Yes that is all you can do) and decide the merit ot demerit of each porting case. You do not make the rules, USCIS does ...

Listen closely ......................................

That is your own voice coming back to you with your lame comments from a well

gk_2000
02-15-2011, 01:09 PM
gk_2000,

So, you want to push for a quota system that gives importance to demand or for increasing the overall quota beyond 140000? Good luck with that ;-)

Just for the record, the only thing I want to really push for is "eliminate the backlogs, I don't care how you do it". Beyond that it is just exchange of ideas and getting to understand things better

And 140,000 is what number? One tenth of 1 Million. A drop in the ocean. Who will balance the number of uneducated immigrants? Illegals? Grandparents? Realize. We are the ones who ought to immigrate more.

PlainSpeak
02-15-2011, 01:32 PM
Hi Plainspeak,

I am not sure what the intent could be. But what I could infer is this.

The problems are all very clearly explained. The challenges are all listed with exasperating sense of morality, logic and all the good things humans can think of. The goal could be to just scare the fence sitters into not going for porting. It is either that bad a choice

Or

A real sense of concern for the EB3 folks because they don't them to lose the existing situation in the name of porting.

The readers should draw their own conclusions. That is the only way I can rationalize the amount of detail and research that comes in every post

Fear and Doubt both and add selfishness to it

bratramm
02-15-2011, 02:00 PM
great...so you want to "eliminate" the backlog..thats a worthy cause....and how? by not caring....???

Lets say I choose some of the reasons why we have backlog to begin with....

annual quota-Lets double that from 140K to 300K....what do we have.....'most' of the backlog will be cleared, but new applicants will file and soon we will have the same problem again....maybe 15 years from now....but its still obvious that increasing quota alone will not solve the backlog issue-it may solve our personal PD issue...but not the backlog......

per country limit-lets remove the country limit...all the visas are up for grabs and the only condition is that it will be FIFO.....will that solve the backlog.....no, it will only push the problem to a later stage...or worse, it will lengthen the time that someone else will get their GC..again, it might solve our PD issue, but not the backlog....

EB categories- Eliminating the EB categories completely....Again, this will only prolong the process for many....but it might solve our PD issue.....

I am sure there are many more, but the pattern is that we are willing to push our problems on the shoulders of those that come behind us just so as to alleviate ourselves....


and the USCIS or any other government agency will see all this as short term solutions that really dont even attempt to solve the problem.....and therefore will maintain status quo....

and last but not least -"porting" as IV (well pappu's comments which started my writing) seems to advocate...."anyone who can port should port".....what does that do.....again, it only shuffles the backlog problem around till evenly everyone is backlogged....

"i dont care how you do it" is the sort of attitude that brings this entire discussion crashing down.....we all care...which is why we are here.....by not caring about the process means that you are just giving up your choice/say in the matter....

we all want this....we know what choices we made to get where we are.....we are at the point where our current choices will shape our future.....dont you want to care?

Just for the record, the only thing I want to really push for is "eliminate the backlogs, I don't care how you do it". Beyond that it is just exchange of ideas and getting to understand things better

And 140,000 is what number? One tenth of 1 Million. A drop in the ocean. Who will balance the number of uneducated immigrants? Illegals? Grandparents? Realize. We are the ones who ought to immigrate more.

imh1b
02-16-2011, 08:45 AM
What is the timeline and budget to stop porting? Who is leading this campaign. Where are your plans?

Or is it only in garbage posts? People have wasted so much time discussing it.

PlainSpeak
02-16-2011, 09:18 AM
Whoa imh1b ..........

This post was allowed to die because everyone saw the sense to porting and people against porting stopped posting.

Please be clear here .....

There is no campaign, timeline, plans or budget to stop porting. Why would some one waste time and money for something so stupid

Yes this was a garbage posts and people wasted so much time discussing it, and now you are reviving teh post again so that more people the same again

So do not post on thsi post anymore and you will achieve what you want (Stop people from wasting time)

jetflyer
02-16-2011, 10:29 AM
What is the timeline and budget to stop porting? Who is leading this campaign. Where are your plans?

Or is it only in garbage posts? People have wasted so much time discussing it.

My friend dont worry, let them bark. we will port to EB2 and get green card before them. Let them wait and get jealous.

Jet

imh1b
02-16-2011, 11:07 AM
My friend dont worry, let them bark. we will port to EB2 and get green card before them. Let them wait and get jealous.

Jet

People only think of 'Me Me Me' and this is why we are all without our Greencards. Once they start thinking about Us Us Us. Everyone will succeed in getting greencard.

jetflyer
02-16-2011, 11:50 AM
People only think of 'Me Me Me' and this is why we are all without our Greencards. Once they start thinking about Us Us Us. Everyone will succeed in getting greencard.

can you please share your bank account with us? i agree with you.

sk76012w
02-16-2011, 01:01 PM
coolheap,

Cool it, yaar! Do you think these kind of threads are for enriching your mind and soul? If it is going to make you happy, I agree that your comment is the only useful comment and everything else is a waste of time. Happy?

tonyHK12
02-16-2011, 01:11 PM
coolheap,

Cool it, yaar! Do you think these kind of threads are for enriching your mind and soul? If it is going to make you happy, I agree that your comment is the only useful comment and everything else is a waste of time. Happy?

dude you are talking to the moderator

GCVivek
02-16-2011, 01:23 PM
It is wrong to assume that senators do not know about EB issues or about EB porting. These guys and women are pretty knowledgable but nothing can be done since no one wants to fix what they think is not broken. It is difficult to discuss any other issue than fiscal policy, budgets and cuts.

Congrats to those who are current. :)

sk76012w
02-16-2011, 01:24 PM
Moderator can delete the comments that are considered waste of time. Don't have to pass personal judgments.

Goodintentions
02-16-2011, 04:22 PM
Dear All!

Really donot know how this started and became a big street fight. We are all from good families and have a good educational background. Let us use our communication and organizing skills for the benefit of our community. Afterall, we are doing it for ourselves! If we do not help ourselves, who will help us?

Porting is an individual's choice. Friends interested in porting please go ahead. Good Luck!
We have all wasted several hundred man hours in this unwanted debate.

I am not good at all these calculations, but the fact remains that the supply grossly exceeds demand. It will not be long before both EB categories get stuck in the "traffic jam". Please realize this. This is therefore a serious issue

Kindly think positively, join hands and work with a sincerity of purpose to make every attempt towards visa recapture a success. Kindly meet your law makers and send letters pleading our case. The very idea of contacting law makers to create problems for our own EB brethren is sad, sickening and unfortunate.

Please contribute any amount big or small for the event!

Otherwise, with the passing of each day, we will be making our condition deteriorate from bad to worse. Let posting notes not become a favourite passtime! This serves no purpose.

GOD bless the EB community!