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Sept 18th Rally: Car-pooling, Group Reservations for Air travel, hotel etc. This forums is for threads that are pertinent to Sept 18th rally. If you want to carpool to DC, travel by Air and looking for group reservation for cheaper rates with other members in your city, group reservation for Hotels, rental cars etc, please put threads here and then communicate with local IV members.

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  #16 (permalink)  
Old 04-09-2010, 05:01 PM
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InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future
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rtarar,

That is a very good point. I remember back in 1998 my sister (grateful to her!) explained to me this whole EB thing.... and I made it a point, after my grad degree in 2000, to make sure that the job requirements and lawyer supports EB2 come what may. Those early lessons helped in a big way... as I knew that the then current status of EB2 and EB3 (2001-2005) meant nothing (as it was just a temp. visa recapture).

For now I think old EB3's should do whatever possible to port if they fit the criteria for EB2.


Quote:
Originally Posted by rtarar View Post
Also don't forget the fact that back in 2003 and 2004 there was no retrogression. Lawyers suggested path of least resistance to get 100% approval rates and that was EB3.It meant less documentation and less over heads on lawyers bottoms lines.

As mentioned in the earlier post , its all relative and there is no free lunch , though some folks do get free lunches call it luck or otherwise. In short we are all crabs in a jar, you pull one down the other will make sure to pull others back in if they try to climb out: which I think is against the founding principles of this forum.

But so is the nature of being in a mob and not having a collective consciousness and it may never happen unless there are some positive signs in the legislation.Until then just watch your life go by as a dark satire.

Last edited by InTheMoment; 04-09-2010 at 05:51 PM.
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  #17 (permalink)  
Old 04-09-2010, 05:22 PM
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Quote:
Originally Posted by kumarc123 View Post
I meant the same thing, I didn't mean any discrimination, my apologies.
Kumarc123, I did not give you the reds and I never mind a good stirring conversation anytime. The irony is I was once given reds, by EB2ers for providing similar concept of visa recapture instead of putting our focus on spillovers.

Go figure...

easy with the reds and greens.
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  #18 (permalink)  
Old 04-10-2010, 03:05 PM
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Default I second you !!!

Quote:
Originally Posted by rtarar View Post
Its funny you say this. How long have you been in line so as to mention the phrase "cut short". And yes I do have a masters from US and job requirements for EB2 and lawyer recommended to file as EB3.There are many like me.
I have Masters !!! The job that I applied my GC through, did require someone with Masters degree with advanced education and experience and the only reason why I didn't get applied on EB2 is because, my experienced attorney thought, applying through EB3 is quicker and easier in comparison with EB2 (this is in Feb. 2004) and suggested that I apply through EB3 !!! I am talking about sometime in 2004 when attorney's word did have some merit !!! I agreed with him and there it went !!! My filing on EB3 !!!

Am I "cutting short" someone's line? I don't think so !!! Infact, when I look at most of those people who complain about EB3 guys porting to EB2 line, I can't help but laugh as some of these guys came into this country much later than 2004 (am not saying all) and they have no clue what people like me (people who came in or around 1999 - 2002) had to go through to stick onto the job during the great dotcom burst !!!

So, please don't even mention "cutting short" the line !!! If at all, someone has a right to mention that, it has to be people like me !!!! But then, I am not going to use that phrase as I have no right to judge anyone on their current situation without knowing what they had to undergo to get at where they are at now !!!
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  #19 (permalink)  
Old 12-28-2010, 11:53 PM
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Quote:
Originally Posted by ilovestirfries View Post
I have Masters !!! The job that I applied my GC through, did require someone with Masters degree with advanced education and experience and the only reason why I didn't get applied on EB2 is because, my experienced attorney thought, applying through EB3 is quicker and easier in comparison with EB2 (this is in Feb. 2004) and suggested that I apply through EB3 !!! I am talking about sometime in 2004 when attorney's word did have some merit !!! I agreed with him and there it went !!! My filing on EB3 !!!

Am I "cutting short" someone's line? I don't think so !!! Infact, when I look at most of those people who complain about EB3 guys porting to EB2 line, I can't help but laugh as some of these guys came into this country much later than 2004 (am not saying all) and they have no clue what people like me (people who came in or around 1999 - 2002) had to go through to stick onto the job during the great dotcom burst !!!

So, please don't even mention "cutting short" the line !!! If at all, someone has a right to mention that, it has to be people like me !!!! But then, I am not going to use that phrase as I have no right to judge anyone on their current situation without knowing what they had to undergo to get at where they are at now !!!
I had the exact same story as you guys. US MS + lame ass lawyer = EB3. Finally convinced my employer to re-do everything last year and they did it with a new lawyer. Apparently the stars lined up right with labor approval in 52 days, I-140 in 2 days, and I-485 in 50 days.
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  #20 (permalink)  
Old 12-29-2010, 05:02 AM
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Quote:
Originally Posted by kumarc123 View Post
Just because I posted my comments about porting people just gave me reds. All I expressed was a change in overall system. Guys how shallow can you be, SHAME ON YOU GUYS.


My post intended to bring in to attention that porting may not be the best alternative.

Jesus, I do understand the frustration, but don't have to criticize every opinion. No wonder we lack unity. All I mentioned was a recapture visa could help us all.

Sad to see us fight with each other for small things rather having a good discussion and thinking for the overall good.
Very Nice!! One more "forward thinking" intellect who somehow is only giving his "2 cents" but gets an unnecessary Eb2 vs EB3 debate started for nothing.

How come guys like you are never there to give your 2 cents or better lead folks to be united and work together for a common goal? and your generic observations don't count (yea, I went through some of your posts just to be sure of your "contribution" for IV)....How come with all the education and qualifications you have you don't seem to avoid dividing our already fractured community?

By the way I gave you a green because you really seem to be adversely affected on getting Reds but still do not get why you got them...maybe getting a green might help ??

To top it off, you want advise from IV core!!! Here some simple advise, stop giving crappy 2 cents and if you are really so insightful, do something positive on here.

my "2 cents"

by the way I am Eb2 and respectfully disagree with your opinion.

Last edited by bondgoli007; 12-29-2010 at 05:22 AM.
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  #21 (permalink)  
Old 12-29-2010, 05:20 AM
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Quote:
Originally Posted by kartikiran View Post
Kumarc123, I did not give you the reds and I never mind a good stirring conversation anytime. The irony is I was once given reds, by EB2ers for providing similar concept of visa recapture instead of putting our focus on spillovers.

Go figure...

easy with the reds and greens.
Kartikiran,

As a EB2 I can only say that any rational Eb2 applicant from India will wholeheartedly support and work towards a visa recapture solution. The main gap here is the initiative and opportunity for such a solution to even blossom. Due to this gap Eb2 folks seek and will continue to seek refuge with whatever movement we see via spillovers and Eb3 folks will seek relief with the porting. I personally don't see anything wrong with either approaches.

Though we are very grateful to IV core lets face it....we lack concerted, united and consistent effort among the grassroot levels to move ahead with such a goal like visa recapture.

Hopefully we get an opportunity in the near future to be part of a major initiative...until then I hope as highly educated and logical people we stop indulging in fracturing any part of the IV community.
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  #22 (permalink)  
Old 12-29-2010, 09:57 AM
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Quote:
Originally Posted by bondgoli007 View Post
Kartikiran,

As a EB2 I can only say that any rational Eb2 applicant from India will wholeheartedly support and work towards a visa recapture solution. The main gap here is the initiative and opportunity for such a solution to even blossom. Due to this gap Eb2 folks seek and will continue to seek refuge with whatever movement we see via spillovers and Eb3 folks will seek relief with the porting. I personally don't see anything wrong with either approaches.

Though we are very grateful to IV core lets face it....we lack concerted, united and consistent effort among the grassroot levels to move ahead with such a goal like visa recapture.

Hopefully we get an opportunity in the near future to be part of a major initiative...until then I hope as highly educated and logical people we stop indulging in fracturing any part of the IV community.
Many against what IV does. Example country limits will give Indians more green cards only. Chinese and ROW people behind Indians then. Indians take all numbers. So unity tough.
EB2 happy. Do not care EB3. They predict visa bulletin and not meet Senator. EB3 fight blame. Not meet Senator. EB1 not care. They do not backlog facing people. EB3 Other workers where they? People who got Green card do not care. Leave and go away. So people to blame only.
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  #23 (permalink)  
Old 12-29-2010, 12:33 PM
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Quote:
Originally Posted by blacktongue View Post
Many against what IV does. Example country limits will give Indians more green cards only. Chinese and ROW people behind Indians then. Indians take all numbers. So unity tough.
Increasing per-country limits will benefit all retrogressed countries including China, EB3 Mexico. This is also a policy of AILA - Immigration lawyers association, and doesn't benefit any particular country.
Increasing quota to 15% would give about 7000 a year to EB2, EB3 from both India & China.
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  #24 (permalink)  
Old 12-29-2010, 01:47 PM
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Default Not "All" retrogressed countries

Not "All" retrogressed countries will be helped by increasing country limits.
For example, EB3 Russia will take longer.
Without increasing visa numbers, which is unlikely, its a zero-sum game.

Quote:
Originally Posted by tonyHK12 View Post
Increasing per-country limits will benefit all retrogressed countries including China, EB3 Mexico. This is also a policy of AILA - Immigration lawyers association, and doesn't benefit any particular country.
Increasing quota to 15% would give about 7000 a year to EB2, EB3 from both India & China.
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  #25 (permalink)  
Old 12-29-2010, 02:12 PM
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In case of EB3, if annual visas are allocated about 45000. so if the new per country is at 7K, you would need to see 7 countries with this demand to fill up the demand.
This seems to affect ROW EB3 later filers, but in very few thousand per year.
While its a zero sum for EB3, it seems Future ROW EB3 may be slightly delayed, benefiting retrogressed countries from past years.
We are also campaigning for Visa recapture and an increase in Annual Visa numbers.
Anyway, the way EB categories are currently, EB3 will see relief only after EB2 gets current, using any of the means above. We can't fix EB3 before that.
Then the increase in per-country limit will also directly help EB3.

Quote:
Originally Posted by alisa View Post
Not "All" retrogressed countries will be helped by increasing country limits.
For example, EB3 Russia will take longer.
Without increasing visa numbers, which is unlikely, its a zero-sum game.

Last edited by tonyHK12; 12-29-2010 at 06:58 PM.
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  #26 (permalink)  
Old 12-29-2010, 06:57 PM
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Default

Well, when you filed originally, the job requirement was for EB3 qualification and your PERM and I-140 approved based on that. Now after looking at the EB3 situation you/ your company are changing the actual job requirement itself so as to fit into EB2, is it legal?

It is a matter of time for USCIS to take a hard look into this issue, after seeing the number of portings, USCIS might take-up this issue sooner than later.

Don't get me wrong, I am not questioning the capability of EB3 folks, but unfortunately it is their fault (knowingly/ unknowingly) or bad luck that their case was filed under EB3 on the first hand. This issue should have been taken-up then and there itself, trying to get it fixed now creating chaos. What if USCIS thinks that you are over-qualified for actual job requirement? I had seen a similar case in my company sometime ago.

Quote:
Originally Posted by acecupid View Post
IS porting EB3 to EB2 helpful?
Yes it is helpful for EB3 and No it is not helpful for EB2 I dont think anyone is going to base their decision on porting on your 2 cents.

If its legal to port and they have the right qualifications then why should EB3 folks not do it ?
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Last edited by nogc_noproblem; 12-29-2010 at 07:17 PM.
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  #27 (permalink)  
Old 12-30-2010, 07:26 PM
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Yes it is very legal - to answer your question. Changing job requirements is a legitimate business decision that can be substantiated by a "business necessity" evidence.
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  #28 (permalink)  
Old 12-31-2010, 10:55 AM
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Default EB3 filing

For the guys who think it was their employer's or lawyers mistake in filing for EB3 instead od EB2, the reason they do it is because there are definitely more queries for EB2 and rejection is more in EB2 over EB3 for a given circumstance. However after a couple of years you gain more experience in terms of years and have more paychecks so it becomes easier and more sense to apply under EB2 because now you have more supporting documentation. If applying for EB2 was easier you really think lawyers would not chose that instead of EB3. They see more cases than normal people like us do. They know what cases have more possibility of rejection. However all of us think we are more qualified than what the society or USCIS thinks we are and think we are entitled to file directly under EB2....
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