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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #46 (permalink)  
Old 12-12-2008, 02:46 PM
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addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.

America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!

Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.

Once again, only grown ups are requested to reply. Thank you.


Quote:
Originally Posted by addsf345 View Post
Kavita,

There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.

Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
*****************************
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  #47 (permalink)  
Old 12-12-2008, 04:01 PM
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Great point -- never thought of it this way before.

Quote:
Originally Posted by kumar1 View Post
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.

America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!

Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.

Once again, only grown ups are requested to reply. Thank you.
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  #48 (permalink)  
Old 12-12-2008, 04:48 PM
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Quote:
Originally Posted by hydboy77 View Post
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
TRUE . I wish they review even approved EB2s (not just ported , but all) and deny them if they are not legitimate or "genuine" in your speak. I also wish they compare the job duties of all these EB2s with others and even perform on-site checks. Then all ORIGINAL and GENUINE EB2s can get the GC.
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  #49 (permalink)  
Old 12-12-2008, 04:56 PM
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Quote:
Originally Posted by kumar1 View Post
No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country.
They'll definitely listen , but It takes some time , may be 5,6 years

They'll listen to you in 1 year if you have "extraordinary ability(EB1)"
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  #50 (permalink)  
Old 12-12-2008, 05:09 PM
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Quote:
Originally Posted by kumar1 View Post
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category.
Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.

They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1

My 2C
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  #51 (permalink)  
Old 12-12-2008, 06:04 PM
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dontcareanymore is infamous around these parts dontcareanymore is infamous around these parts dontcareanymore is infamous around these parts dontcareanymore is infamous around these parts dontcareanymore is infamous around these parts dontcareanymore is infamous around these parts dontcareanymore is infamous around these parts dontcareanymore is infamous around these parts dontcareanymore is infamous around these parts
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Quote:
Originally Posted by HawaldarNaik View Post
I expect things to be more transparent from February onwards (note month of Feb), that is because i beleive that the new leadership will ensure that there is a transparency in the whole process rather than a lottery like approach to the dates.
Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....
....and ....no world hunger , no drought any where in the world, no pollution , global warming reversed , people will love each other , no fighting any where for any reason.....

Watching TV a lot ???

It is the same DXXX system. Same people processing your cases. Don't expect mirracles. You will be disappointed. We shall be lucky if those waiting in line now get their GCs by the time Mr O leaves office (4 or 8 years).

If you think I am cynical , so be it. Seen Clinton , saw bush and will see Mr O.

Nothing against Obama.

Last edited by dontcareanymore; 12-12-2008 at 06:07 PM.
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  #52 (permalink)  
Old 12-13-2008, 12:33 PM
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Question USCIS is unpredictable indeed

Don't know whether to rely on the dates in the visa bulletin. My colleague who is EB3 China with a PD of 2004 got his I-485 approved recently. The dates on the visa bulletin show EB3 China to be June 2002. Wonder of wonders, that is the USCIS.

Btw, I shook his hand, hoping that some of his incredible luck would rub off on me. Just kidding - it was to congratulate him on his newly attained freedom.
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  #53 (permalink)  
Old 12-14-2008, 12:32 AM
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someone gave me red dot with this message -

**motherfucker**

I answer to that person is -- thank you for telling me your real level.
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
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  #54 (permalink)  
Old 12-15-2008, 12:20 AM
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Cool Dont blame the Body Shoppers

kumar1,

I agree to most of the points you wrote. I believe there is one thing that you missed.

H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.

Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.

Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

-gcisadawg
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  #55 (permalink)  
Old 12-15-2008, 11:01 AM
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Quote:
Originally Posted by gcisadawg View Post
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

-gcisadawg

US corporation did go abroad to recruit back when there was heavy demand in the dot com bubble and Y2K.. American recruiters for several big companies used to make regular trips all over the world like russia, eastern europe and middle east to scout talents and ship them here.. but that never happens now since 1- there is no real demand 2- Desi Bodyshops already brought in hundreds of thousands of H1 people on short term or fictituous projects then set them out to hunt for next projects in this tight market..
We programmers need to come to grip with the fact that today unless you have a rare skill and exceptional ability America will not roll the red carpet on your GC path.

Last edited by bfadlia; 12-15-2008 at 11:03 AM.
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  #56 (permalink)  
Old 12-15-2008, 12:01 PM
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gcisadawg,
Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.

Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

I can go on and on.....

I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !





Quote:
Originally Posted by gcisadawg View Post
kumar1,

I agree to most of the points you wrote. I believe there is one thing that you missed.

H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.

Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.

Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

-gcisadawg
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
*****************************

Last edited by kumar1; 12-15-2008 at 12:05 PM.
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  #57 (permalink)  
Old 12-15-2008, 12:20 PM
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Quote:
Originally Posted by kumar1 View Post
gcisadawg,
Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.

Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

I can go on and on.....

I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !
It is not about demand and supply - these two things can never me matched in the best possible way. remember - H1b and GC are typically platforms provided by US govt towards bringing in talent and workers and fill in gaps and keep the competitive spirit and keep US always the best country in the world.

If there is demand - there is demand. Period. if there is supply there is supply. Period. Supply can come from anywhere. Demand cane arise from anywhere. For eg.. An IITian need not necessarily be the best candidate to fill a spot in a X company in North Dakota and a MSFT need not necessarily be the only company to go abroad and find candidates ONLY from ivyleague.

I know so many people who are from IIT and work for desi companies - they get good salary and are happy.

Just go back and think about the best professor you had in your college. If you think that he must get a GC because he is very intelligent - youare wrong. On another note - if the same professor feels he must get a GC, he may probably pay a desi body shop , learn SAP and get an IT job come here - then he may rather go back to his ways of teaching if he wanted to do it again.

What I am trying to say is - there is no point in discussing about demand, supply, talent, whether we are required or not, we must look at ourselves - whether we want what we want. If we want what we want - we must work towards it - unfortunately our community thinks - we are/are not entitled - and have so many discussions. There are people who do what it takes to get what they want - and they may use body shops or whatever they can to navigate the system. There are people who think others will help them and now a lot of people think Obama will come to their house personally to give them a GC.
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  #58 (permalink)  
Old 12-15-2008, 12:48 PM
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Well said Chandu..it's true..
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  #59 (permalink)  
Old 12-15-2008, 01:19 PM
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Chandu-I agree to most of what you say.
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
*****************************
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  #60 (permalink)  
Old 12-15-2008, 07:01 PM
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ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute
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I may be little out of touch but I don't understand why DOL won't give EB2 classification to IT Positions?



Quote:
Originally Posted by hydboy77 View Post
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
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