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  #16 (permalink)  
Old 06-30-2010, 01:13 PM
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Originally Posted by immigrant2007 View Post
I am not sure about this but one thng can certainly happen with Admin Fix.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.

I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.
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  #17 (permalink)  
Old 06-30-2010, 01:14 PM
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Originally Posted by hebron View Post
Agree 100%. Atleast when Bush was in office there were bills introduced that encouraged skilled immigration Eg: Those who have been around for a while would remember the Cornyn-Kyl bill from 2005.

Everybody likes to talk about the Clinton era, but don't forget that Republicans had majority then. So we may see good things happen after the November 2010 elections if dems lose majority in both house and senate. And it will be good for Mr.Bamster to govern from the center going forward than to hang out with the far-left, may even fetch him another 4 years.
Very true last relief AC21 was passed when republican party had control over Senate and Congress. That time the deomcratic party wanted amnesty but "their" version of the bill never got a chance to be heard by the repuiblican leadership who had control over teh agenda. Now with Pelosi et al in change they do not allow any piecemeal bill to be tabled unless its part of the CIR
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  #18 (permalink)  
Old 06-30-2010, 02:11 PM
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Originally Posted by amitjoey View Post
I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.

I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.
I dont disagree with you. But I was just telling an admin fix that could be pissble and bring releief to lots of people who really need it.
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  #19 (permalink)  
Old 06-30-2010, 02:23 PM
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Originally Posted by immigrant2007 View Post
I am not sure about this but one thng can certainly happen with Admin Fix.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple

That would have been a blessing for EB3 India and China, if it EB3 + n years of experience could be ported to EB2.

But if visa capture (which is not braking any laws or rules but is simply making sure visa do not go unused) requires a legislative fix, I would assume your suggestion (porting EB3 to EB2) would be even more difficult to achieve with an Admin fix.
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  #20 (permalink)  
Old 06-30-2010, 03:57 PM
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Originally Posted by immigrant2007 View Post
I dont disagree with you. But I was just telling an admin fix that could be pissble and bring releief to lots of people who really need it.
Yes and IV is working on that, we need more interest, more active members, more funds, more commitment.
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  #21 (permalink)  
Old 07-01-2010, 09:53 AM
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Obama speech here..
CNN.com Live
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  #22 (permalink)  
Old 07-01-2010, 09:59 AM
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Default Why only EB3 to EB2

Quote:
Originally Posted by immigrant2007 View Post
I am not sure about this but one thng can certainly happen with Admin Fix.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
..and why not EB2 to EB1 and EB1 to EB1-NIW..and so on...
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  #23 (permalink)  
Old 07-01-2010, 10:27 AM
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Originally Posted by hebron View Post
Obama speech here..
CNN.com Live


Phew... he just mentioned legal immigration and the huge backlogs, high fees etc..
What a relief!!
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  #24 (permalink)  
Old 07-01-2010, 10:29 AM
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Originally Posted by dummgelauft View Post
..and why not EB2 to EB1 and EB1 to EB1-NIW..and so on...
because the backlog for EB3 is currently staring at close to 10 years and an EB2 requirement is around 5 years of progressive experience, which might enable many of them who would have progressed in their careers due to a 10 year wait for green card.

Why not EB2 to EB1 is because, EB1 is for exceptionally skilled people(athletes, doctors, multi-national managers(via L1A) etc). For EB2 candidates to be pushed to EB1, they need to exceptionally skilled which cannot be gained via experience but by acquiring skills which will place them in those categories.

If they can acquire those skills, then they automatically qualify for EB1 or EB1-NIW and can apply anytime by themselves. Note, EB1 does not need a labor approval too.

Hope that makes clear the distinction between EB1, EB2 & EB3. Employment-based GC applying lessons 101...of course this is the simplest one...
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  #25 (permalink)  
Old 07-01-2010, 10:51 AM
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Default Refresher on Immigration

This speech was just a re-articulation of the issue and its various dimensions and the fact that this issue requires bipartisan support to move forward.

Not really sure what will happen as a result of this speech.
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  #26 (permalink)  
Old 07-01-2010, 10:59 AM
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Originally Posted by kartikiran View Post
because the backlog for EB3 is currently staring at close to 10 years and an EB2 requirement is around 5 years of progressive experience, which might enable many of them who would have progressed in their careers due to a 10 year wait for green card.

Why not EB2 to EB1 is because, EB1 is for exceptionally skilled people(athletes, doctors, multi-national managers(via L1A) etc). For EB2 candidates to be pushed to EB1, they need to exceptionally skilled which cannot be gained via experience but by acquiring skills which will place them in those categories.

If they can acquire those skills, then they automatically qualify for EB1 or EB1-NIW and can apply anytime by themselves. Note, EB1 does not need a labor approval too.

Hope that makes clear the distinction between EB1, EB2 & EB3. Employment-based GC applying lessons 101...of course this is the simplest one...
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
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  #27 (permalink)  
Old 07-01-2010, 11:03 AM
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Originally Posted by TeddyKoochu View Post
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
teddy the pun "multi-national managers(via L1A)" was intended. if that makes it clear.

anyway, the focus of this thread was about the president's immigration speech. Atleast the speech included the fact that illegal immigration makes a mockery of legal immigration. understood that any solution also must include finding a way on how to handle the undocumented people.

anyway, the speech for now might be just a start or more "kick in the butt" to let the congress know that they need to start work in CIR. when it comes to fruition is anybody's guess.
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  #28 (permalink)  
Old 07-01-2010, 11:04 AM
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Originally Posted by TeddyKoochu View Post
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
I support you, most of the guys L1A/Bdon't deserve to be in EB1. If L1 (especially the offshoring companies) are that good then all of us are eligible for honorary greencards....
the whole L1 rule for GC and L1 visa is just exploited to its limit.
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  #29 (permalink)  
Old 07-01-2010, 11:09 AM
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Good thing about the meeting was that it was not dominated with just illegal immigration. Legal immigrants got their share of time and recognition. I have to believe that our advocacy efforts in DC bore some fruits here......

He made sure that legal immigration problems needs to be simultaneously solved and also the fact that illegal immigrants are held accountable for breaking the laws....He mentioned backlogs and retrogression...We just need to get the congress to work on it!!!

IV's main points of needing republican support, and advocating for their support on the CIR framework.... well, they were the main needs that Obama mentioned too.
Go IV

Last edited by willigetgc?; 07-01-2010 at 11:21 AM.
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  #30 (permalink)  
Old 07-01-2010, 11:11 AM
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Default Exactly my point teddy

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Originally Posted by TeddyKoochu View Post
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.

Last edited by dummgelauft; 07-01-2010 at 11:14 AM.
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