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  #1 (permalink)  
Old 08-10-2010, 03:48 PM
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Default To those who say "Nothing much can be done for EB3"

I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

Let me put forward my idea.

The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
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  #2 (permalink)  
Old 08-10-2010, 03:51 PM
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Default I am in for it

I am in for it.
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  #3 (permalink)  
Old 08-10-2010, 03:53 PM
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spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts spulapa is infamous around these parts
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lets do something about it....!!
We need a lot of support from different members irrespective what category they are from.
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  #4 (permalink)  
Old 08-10-2010, 03:58 PM
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GK,

I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.

Cheers,
Rayoflight
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  #5 (permalink)  
Old 08-10-2010, 03:59 PM
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I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.
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  #6 (permalink)  
Old 08-10-2010, 04:06 PM
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I am in.
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  #7 (permalink)  
Old 08-10-2010, 04:06 PM
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Default

Now a days we are seeing more threads related to spill over allocation interpretation etc, but I have not seen any single post by IV Core about this. I am from EB3 community and share the frustration among others.

I see a lot of people suggesting to port from EB3 to EB2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.
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  #8 (permalink)  
Old 08-10-2010, 04:15 PM
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I am also in.... for anything
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  #9 (permalink)  
Old 08-10-2010, 04:23 PM
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Default Valid Point...I'm with you.

Quote:
Originally Posted by gk_2000 View Post
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

Let me put forward my idea.

The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

I'm with you...!!
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  #10 (permalink)  
Old 08-10-2010, 04:25 PM
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Default

I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.

Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.

Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.

So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.

I think that discussion will be far more productive than any wishful reinterpretation of the law.
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  #11 (permalink)  
Old 08-10-2010, 04:29 PM
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thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future thakkarbhav has a brilliant future
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I am in. I am EB2 but I support this because this makes sense.
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  #12 (permalink)  
Old 08-10-2010, 04:35 PM
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Thumbs up Need more people like you

Quote:
Originally Posted by thakkarbhav View Post
I am in. I am EB2 but I support this because this makes sense.
Thanks for your heartful support.... we need more people like you to support.
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  #13 (permalink)  
Old 08-10-2010, 04:36 PM
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Default Keyboard tigers are back

EB-3 keyboard tigers are back to discuss how to get GC'ssssss
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  #14 (permalink)  
Old 08-10-2010, 04:42 PM
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Default Extending that logic

Quote:
Originally Posted by gk_2000 View Post
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.

However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.

Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)

This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.

Last edited by sc09876; 08-10-2010 at 04:50 PM.
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  #15 (permalink)  
Old 08-10-2010, 04:45 PM
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Count me in!
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