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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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  #1 (permalink)  
Old 04-09-2010, 02:34 PM
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Default IS porting EB3 to EB2 helpful? Not in the long run

Hello All,

After much consideration of the recent visa bulletins, I have began to think is EB3 porting to EB2 really helpful?

Don't take me wrong, I am not against Eb3, I understand their frustration, but porting is not helping us. It is not helping anyone. Mainly because USCIS/DOS attitude is just roll from lower level to mid level, they can suffer as well. I believe porting may be used as an excuse by USCIS/DOS, for slower number movements for EB2. My two cents is, we should not let USCIS/DOS get away with it.

I urge you all too think, Porting is not helping us, EB3 guys, if you think just by porting you can cut short, you are dead wrong. As initially, you might see a bright light, but eventually it will only be a reflection. What is needed is a change in Employment Visa categories all together. So everyone can benefit, it doesn't make sense moving dates for one category and retrogressing the others.

IV admins, please advise.

Last edited by kumarc123; 04-09-2010 at 02:37 PM.
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  #2 (permalink)  
Old 04-09-2010, 02:41 PM
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Default

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.
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  #3 (permalink)  
Old 04-09-2010, 02:45 PM
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Default Wonder why?

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 a masters from a good ranking University, I wonder why, your lawyer would make you do that? Anyways i wish all the luck, but interfiling will only make process more crowded and will be harder to put USCIS/DOS on the line.

Was my two cents, nothing against EB3 folks.

Last edited by kumarc123; 04-09-2010 at 02:52 PM.
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Old 04-09-2010, 02:53 PM
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Cool

Quote:
Originally Posted by kumarc123 View Post
Hello All,

After much consideration of the recent visa bulletins, I have began to think is EB3 porting to EB2 really helpful?

Don't take me wrong, I am not against Eb3, I understand their frustration, but porting is not helping us. It is not helping anyone. Mainly because USCIS/DOS attitude is just roll from lower level to mid level, they can suffer as well. I believe porting may be used as an excuse by USCIS/DOS, for slower number movements for EB2. My two cents is, we should not let USCIS/DOS get away with it.

I urge you all too think, Porting is not helping us, EB3 guys, if you think just by porting you can cut short, you are dead wrong. As initially, you might see a bright light, but eventually it will only be a reflection. What is needed is a change in Employment Visa categories all together. So everyone can benefit, it doesn't make sense moving dates for one category and retrogressing the others.

IV admins, please advise.
Personally, one can not suggest/recommend to port or not to,EB3 or EB2 it all depends on several factors, for example
  1. Job Requirements
    Job Location
    Area of specialization
    Prevailing Wage
    DOL determination at PERM stage
    USCIS determination at I-140
    Beneficiary qualifications

many other...

One may be qualified at his/her first job others may be qualified at later time!

So drawing conclusions based on what we think or believe may not be correct all the time!
my 2c
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  #5 (permalink)  
Old 04-09-2010, 02:54 PM
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Post

Category is determined by job requirements not the candidates degree. Yes In the short term interfiling will help as Eb2 is current to 2005, Eb2 folks Wont like it but if there is an opportunity why to leave ? Eb2 has better chances to be faster than Eb3 in any future date.



Quote:
Originally Posted by kumarc123 View Post
I have a masters from good ranking University, I wonder why, your lawyer would make you do that? Anyways i wish all the luck, but interfiling will only make process more crowded and will be harder to put USCIS/DOS on the line.

Was my two cents, nothing against EB3 folks.
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Old 04-09-2010, 03:00 PM
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Default

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.
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  #7 (permalink)  
Old 04-09-2010, 03:03 PM
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Wink

Quote:
Originally Posted by kumarc123 View Post
Hello All,

After much consideration of the recent visa bulletins, I have began to think is EB3 porting to EB2 really helpful?

Don't take me wrong, I am not against Eb3, I understand their frustration, but porting is not helping us. It is not helping anyone. Mainly because USCIS/DOS attitude is just roll from lower level to mid level, they can suffer as well. I believe porting may be used as an excuse by USCIS/DOS, for slower number movements for EB2. My two cents is, we should not let USCIS/DOS get away with it.

I urge you all too think, Porting is not helping us, EB3 guys, if you think just by porting you can cut short, you are dead wrong. As initially, you might see a bright light, but eventually it will only be a reflection. What is needed is a change in Employment Visa categories all together. So everyone can benefit, it doesn't make sense moving dates for one category and retrogressing the others.

IV admins, please advise.
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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  #8 (permalink)  
Old 04-09-2010, 03:14 PM
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Default

@kumar123

"Process more crowded" can also mean that I could think that me being in line since Aug 2004 and you getting in line in 2007 is what makes it crowded. So the crowding logic is moot and does not hold any value as it can be argued any way you like it.The only benefit will be for flame wars here in this forum., take a holistic view and see that "we are in the same jar".
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Now: Eb2- India
Undergrad : 4years Engineering Degree
Grad Degree: US Masters Degree
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Labor PERM - Dec 2011
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  #9 (permalink)  
Old 04-09-2010, 03:17 PM
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Default A law is a law

kumarc123, i think the law is the law and people will try to play by the rules to see what works for them.

If you look closely, for EB2 members spillover will provide priority dates in their favor. Is this fair for someone who has been waiting for more than 8 years see someone get a visa within 4 years, especially with what is called "extra visa numbers". If you ask an EB3 category person, they might argue the "extra visa numbers" must be used to clear the backlog who have been waiting for a very long time.

Coming back to porting, EB3 members who have been waiting for a long time are entitled to use the law to their favor. Especially if they see they have a chance to end their miserable wait.

The right solution in my opinion is "visa recapture"(in a recurring mode, just in case if USCIS wastes more visa numbers in future) implemented as a law, which will ensure visa numbers are never wasted and if wasted can be used the following years. This will take care of backlogs/also gives certain amount of freedom for future applicants too. The only complaint I have is I hope IV core, spends time only on solutions which works for all categories & not worry about working on whether spillover is being followed or not. Because IV members come from various categories, countries with various scenarios. So IV core's time spent must be for all.

I have no qualms about other members trying to work on Spillovers etc. whatever works for whoever, I am fine with it(except undocumented, who I think can join behind all of us, but not in front of us).

Till then whatever is permitted as per law can be used by any applicant who fits into criterias needed.

P.S. I don't know how much numbers visa recapture will provide though as of today...
Quote:
Originally Posted by kumarc123 View Post
Hello All,

After much consideration of the recent visa bulletins, I have began to think is EB3 porting to EB2 really helpful?

Don't take me wrong, I am not against Eb3, I understand their frustration, but porting is not helping us. It is not helping anyone. Mainly because USCIS/DOS attitude is just roll from lower level to mid level, they can suffer as well. I believe porting may be used as an excuse by USCIS/DOS, for slower number movements for EB2. My two cents is, we should not let USCIS/DOS get away with it.

I urge you all too think, Porting is not helping us, EB3 guys, if you think just by porting you can cut short, you are dead wrong. As initially, you might see a bright light, but eventually it will only be a reflection. What is needed is a change in Employment Visa categories all together. So everyone can benefit, it doesn't make sense moving dates for one category and retrogressing the others.

IV admins, please advise.
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  #10 (permalink)  
Old 04-09-2010, 03:18 PM
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Default I second that

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.
.
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  #11 (permalink)  
Old 04-09-2010, 03:21 PM
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Default

Good one acecupid

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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  #12 (permalink)  
Old 04-09-2010, 03:52 PM
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Default Lets swap places..

Quote:
Originally Posted by kumarc123 View Post
Hello All,

After much consideration of the recent visa bulletins, I have began to think is EB3 porting to EB2 really helpful?

Don't take me wrong, I am not against Eb3, I understand their frustration, but porting is not helping us. It is not helping anyone. Mainly because USCIS/DOS attitude is just roll from lower level to mid level, they can suffer as well. I believe porting may be used as an excuse by USCIS/DOS, for slower number movements for EB2. My two cents is, we should not let USCIS/DOS get away with it.

I urge you all too think, Porting is not helping us, EB3 guys, if you think just by porting you can cut short, you are dead wrong. As initially, you might see a bright light, but eventually it will only be a reflection. What is needed is a change in Employment Visa categories all together. So everyone can benefit, it doesn't make sense moving dates for one category and retrogressing the others.

IV admins, please advise.
How about swapping place with one of the EB3 guys and then we will see how much you favor or oppose the porting, brother. Only if you are in it yourself would you realize what hope it really provides to the EB3 folks who have been waiting forever... If you think it is OK for the spillover to come to EB2 first, then I don't see why you think that people shouldn't be able to port into EB2 from EB3. People who are moving into EB3 are doing it only because they are qualified for it... No?

One last thing... lets say the situation gets reversed (say EB3 is current or near current, EB2 retrogressed to 2001/2002) and you saw an opportunity to file in EB3 category, what would you do?
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  #13 (permalink)  
Old 04-09-2010, 04:44 PM
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Default Well

Quote:
Originally Posted by sunnymit View Post
How about swapping place with one of the EB3 guys and then we will see how much you favor or oppose the porting, brother. Only if you are in it yourself would you realize what hope it really provides to the EB3 folks who have been waiting forever... If you think it is OK for the spillover to come to EB2 first, then I don't see why you think that people shouldn't be able to port into EB2 from EB3. People who are moving into EB3 are doing it only because they are qualified for it... No?

One last thing... lets say the situation gets reversed (say EB3 is current or near current, EB2 retrogressed to 2001/2002) and you saw an opportunity to file in EB3 category, what would you do?
Brother,
I will SWAP places if you have an EAD. Also I believe in 2008, their was a time period for brief when EB2 became U and EB3 dates were still current
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Old 04-09-2010, 04:47 PM
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Default Come on People

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.

Last edited by kumarc123; 04-09-2010 at 04:53 PM.
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Old 04-09-2010, 04:56 PM
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Default Same thing

Quote:
Originally Posted by kartikiran View Post
kumarc123, i think the law is the law and people will try to play by the rules to see what works for them.

If you look closely, for EB2 members spillover will provide priority dates in their favor. Is this fair for someone who has been waiting for more than 8 years see someone get a visa within 4 years, especially with what is called "extra visa numbers". If you ask an EB3 category person, they might argue the "extra visa numbers" must be used to clear the backlog who have been waiting for a very long time.

Coming back to porting, EB3 members who have been waiting for a long time are entitled to use the law to their favor. Especially if they see they have a chance to end their miserable wait.

The right solution in my opinion is "visa recapture"(in a recurring mode, just in case if USCIS wastes more visa numbers in future) implemented as a law, which will ensure visa numbers are never wasted and if wasted can be used the following years. This will take care of backlogs/also gives certain amount of freedom for future applicants too. The only complaint I have is I hope IV core, spends time only on solutions which works for all categories & not worry about working on whether spillover is being followed or not. Because IV members come from various categories, countries with various scenarios. So IV core's time spent must be for all.

I have no qualms about other members trying to work on Spillovers etc. whatever works for whoever, I am fine with it(except undocumented, who I think can join behind all of us, but not in front of us).

Till then whatever is permitted as per law can be used by any applicant who fits into criterias needed.

P.S. I don't know how much numbers visa recapture will provide though as of today...
I meant the same thing, I didn't mean any discrimination, my apologies.
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Online MBA. Helpful ? njdude26 Retrogression, priority dates and Visa bulletins 15 08-30-2006 01:39 PM



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