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  • gimme_GC2006
    03-25 06:28 PM
    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.

    The more and more I visit this thread, I am feeling I should have went with Attorney.

    So I will stay away until I further hear from AO :confused:

    Thanks to all of you who wished me




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  • chanduv23
    04-12 03:20 PM
    Yes, we are all in trouble because of consultants. Nice attitude.

    I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.

    If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.

    Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.

    They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.

    Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.

    Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.

    How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.

    I have worked in both capacities, as consultant and as FT. I did FT for 5 years and got fired and moved to consulting and am doing good here. So I am kinda balanced on this issue.
    It is no one's fault. We all followed the system properly and did not break any law. So it does not make sense to blame felllow immigrants.




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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.




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  • CreatedToday
    01-09 01:34 PM
    The discussion tuned nasty! Admin got involved.

    why are you digging it up?

    Its good we talk healthy now!



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  • bfadlia
    01-07 03:22 PM
    Jesus didn't change any commandments. Read bible and comment. He said about the summary for the 10 commnandment. He said 1. love your God 2. Love your neighbour. It contains all commandments. Read the commandments. You will see it contains these 2 meanings only.

    Jesu's birth, life and cruxification are done according to the prophesy in old textment. If you have time read it. Christians didn't changed old testment. But most of the jews not recognise him during the time. Those recognise him convert to christianity. They suffered because of their non belief. But details in the bible for the second coming of jesus and the nation of Israel to prepare for his coming, so the present day jews are supported by God. In the end they all belive the mesiah.
    About trinity, we human cannot understand the complexity of God. We still cannot understand or expalin the nature misteries, how we can understand God in detail??. But God revealed some details to his people through prophet. Malachi is the last prophet. It is the last book in the old testment. After the mesiah was come to the world. God was revealed to human.

    Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..
    peace.




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  • alisa
    12-27 02:47 AM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.



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  • jonty_11
    07-14 02:33 PM
    and to prevent such chasms from forming and getting deeper...we all need to look to IV core for guidance and follow only their Action Items. It is critical or else we will find ourselves with our foot in the mouth.




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  • neoneo
    04-08 01:06 AM
    This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.

    key points to ponder:

    - Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

    -> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

    I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.



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  • rsdang
    08-22 11:56 AM
    One hand on steering wheel, one hand out of window.

    - Sydney



    One hand on steering wheel, one hand on horn

    - Japan



    One hand on steering wheel, one hand on newspaper, foot solidly on accelerator...

    - Boston



    Both hands on steering wheel, eyes shut, both feet on brake, quivering in terror

    - New York



    Both hands in air, gesturing, both feet on accelerator, head turned to talk to someone in back seat

    - Italy



    One hand on horn,

    one hand greeting,

    one ear on cell phone,

    one ear listening to loud music,

    foot on accelerator,

    eyes on female pedestrians,

    conversation with someone in next car



    - Welcome to India!

    :D




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  • senthil1
    05-16 06:55 PM
    Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.

    But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.

    You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?

    In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.

    This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.



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  • ItIsNotFunny
    01-06 01:19 PM
    If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.

    But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
    I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.




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  • cygent
    10-03 12:48 PM
    Excellent post dtekkedil
    You reiterate exactly what I have in my mind
    My thoughts and feelings exactly on the GC side!! Absolutely agree with the bold one liner.



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  • easygoer
    12-17 01:48 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.




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  • new_horizon
    01-06 02:49 PM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.



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  • nojoke
    04-15 04:18 PM
    Yes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.

    It would look bizarre if you take the statements out of context. That statement is made to show that bigger house doesn't always give happiness. Because you would need to work harder to pay for the mortgage that you may not have quality time to spend with your kids. This is the context. Again I qualified the statement with "always".




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  • NKR
    08-06 03:12 PM
    NKR,

    When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.

    Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!


    Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.

    You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.



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  • Macaca
    05-16 08:04 AM
    Democrats Under Scrutiny As They Shape Lobbying Bill (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/14/AR2007051402086.html) By Elizabeth Williamson (http://projects.washingtonpost.com/staff/email/elizabeth+williamson/) Washington Post Staff Writer, Tuesday, May 15, 2007

    House Democratic leaders yesterday discussed key elements of a long-awaited lobbying reform bill, which has been seen as a signal test of Speaker Nancy Pelosi's pledge to bring unprecedented transparency to the Democratic-led institution.

    While the legislation would open congressional lobbying to greater public scrutiny, its contours hint at a behind-the-scenes battle by the leadership to retain its most sweeping new measures.

    The bill will be unveiled today at a Democratic caucus meeting, where more changes will be discussed. At the meeting last night, party leaders debated the proposal's three most important provisions, which appear headed for varying fates.

    Watchdog groups and freshman members who rode into Congress on promises of ethics reform see as most critical a section imposing stricter reporting guidelines on the practice of "bundling," in which lobbyists gather and deliver bundles of contribution checks to a member. In an effort to prevent opponents of that measure from killing the entire bill, Democrats may address bundling in a separate bill or amendment, to be introduced in tandem with the main legislation.

    The House bill is likely to drop a second key provision, requiring that lobbyists who orchestrate grass-roots letter-writing and telephoning campaigns disclose their involvement.

    The third new element -- a "revolving door" measure doubling, to two years, the time members must wait after leaving Congress before lobbying former colleagues -- is expected to be included in the final bill.

    Other provisions impose disclosure requirements on lobbyist-paid meetings and parties, contributions to charities, and other sponsored activities. Disclosure records would be posted online, in a searchable format.

    The House Judiciary Committee is expected to formally draft the bill Thursday, with a vote anticipated before the Memorial Day recess.

    "I believe that the voters are going to be watching carefully to see whether we address this issue," said Rep. Chris Van Hollen (D-Md.), sponsor of the bundling measure. "We are letting our members know that this is an important issue for the Democratic agenda. . . . We're very focused on getting this done."

    Sponsors and watchdogs had hoped the House lobbying reform bill would go further than the Senate's version, passed with great fanfare in the opening days of the new Congress. Instead, it appears to closely track the Senate bill, which also did not include restrictions on grass-roots lobbying. In recent weeks, according to several people close to the talks, the Senate had been pushing the House to narrow the bundling restrictions in its version, by limiting reporting requirements to clearly defined fundraising agreements between lobbyists and members. The House bill as discussed would do that.

    Passage of a weaker bill -- chiefly, one without bundling rules -- would disappoint watchdogs, who have waged a lobbying campaign of their own for the new law.

    "I am sensing a fading of enthusiasm for lobbying and ethics reform, which is why we have to get this done as soon as we can," said Craig Holman of advocacy group Public Citizen. "The longer we wait, the weaker this bill seems to get." Holman said he is lining up legislators to introduce, as amendments, any major portions of the lobbying bill eliminated in this week's discussions.

    Democrats' promise to end the "culture of corruption" they said developed in Washington under Republican rule helped propel the party into the majority in November elections. They quickly tightened the rules over travel, meals and gifts from lobbyists, and improved disclosure rules for earmarks -- the pet projects that lawmakers tuck into legislation.

    But a task force appointed by Pelosi (D-Calif.) to look into creating an independent entity to investigate ethics charges against lawmakers has missed its May 1 deadline for issuing recommendations, amid foot-dragging by members opposed to the idea.

    House Democratic Caucus Chairman Rahm Emanuel (Ill.) said the party's leadership considers ethics reform "an obligation."

    "We as a party successfully talked about a culture of corruption, and one of the pledges we made was to change that," he said. To do so, he added, "you've got to change the laws, and people's attitudes."




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  • Ahimsa
    02-22 06:46 AM
    ... there would be more louder Dobbsians in the future if anti immigration gets established inteh general psyche of Americans as it has already in many, many, many european nations.

    Dobbsians will fail in establishing anti-immigrant sentiments, because at anytime, general psyche of Americans will always be "US is a nation of immigrants". US is different in this respect compared to european nations.




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  • Macaca
    12-28 08:03 AM
    House Members Spent $20.3M on Mailings (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/27/AR2007122700903.html?hpid=sec-politics) By DENNIS CONRAD | Associated Press, Dec 28, 2007

    WASHINGTON -- U.S. House members spent $20.3 million in tax money last year to send constituents what's often the government equivalent of junk mail _ meeting announcements, tips on car care and job interviews, surveys on public policy and just plain bragging.

    They sent nearly 116 million pieces of mail in all, many of them glossy productions filled with flattering photos and lists of the latest roads and bridges the lawmaker has brought home to the district, an Associated Press review of public records shows.

    Some offered advice on topics one would more commonly expect to see in a consumer-advice column.

    "Keep your car properly maintained" to improve mileage, suggested Rep. Tim Murphy, R-Pa., in a newsletter on how to deal with rising energy prices.

    Rep. David Dreier, R-Calif., offered tips on home improvements.

    And Rep. Cynthia McKinney, D-Ga., who lost her primary race last year, sent out a taxpayer-funded newsletter a few months before the election that included this simple observation:

    "Convicted felons can vote," she said, if "your" prison sentence has been served, parole or probation completed and fines paid. While campaigning, McKinney, who is black, noted that blacks make up a disproportionately large share of the prison population, which she said dilutes their voting strength.

    A dozen House members spent more than $133,000 each to send 9.8 million pieces of mass mailings. Total cost? $1.8 million.

    Sometimes the lawmakers' taxpayer funded mailings topped what they paid for direct mail through their campaign funds.

    Of the 64 House members with at least $100,000 in taxpayer-funded mailing expenses _ and overwhelmingly for mass mailings _ 42 were Republicans and 22 were Democrats, the AP review found.

    In sharp contrast, 59 lawmakers in the 435-member House _ 35 Republicans and 24 Democrats _ spent nothing on mass mailings. They tended to be the more experienced House members, often with 14 or more years of service.

    Mass mailings cannot be blatantly political, but they still can have political benefits, said Pete Sepp, a spokesman for the National Taxpayers' Union, which has condemned mass mailings.

    "A taxpayer-financed mailing doesn't have to say 're-elect me' to have an impact on voters," Sepp said. "A glossy newsletter splashed with the incumbent's achievements in Congress can build useful credentials a lawmaker can take with him to the ballot box. The franking privilege is one of the main cogs in Congress' PR machine."

    Franking, practiced since the early days of the republic, lets members of Congress send mail with just a signature where the postage would normally be affixed. Although the mailings are regulated by a congressional commission to guard against overt political appeals and cannot go out within 90 days of an election, they still sometimes take a dig at the opposition.

    In a June 2006 newsletter, Rep. Pete Stark, D-Calif., noted that under the Republican majority, Congress had passed tax cuts that "benefit the wealthiest Americans at the expense of working families."

    Stark has been a regular among the biggest users of the congressional franking privilege. For 2006, his mass mailings alone cost $172,357, an amount large enough to rank him among the top congressional mailers. House documents reported his overall mailing costs to be about $37,000 less. The AP received no explanation for the apparent discrepancy from spokesmen for Stark, the House Administration Committee and House administration staff.

    Some lawmakers defend the newsletters as a vital way of communicating with constituents.

    "One of the biggest complaints my constituents had (with) my predecessor was that they never knew what was going on in Washington," said Rep. Ginny Brown-Waite, R-Fla. "They never had the opportunity to do surveys, etc. I promised I would communicate with them regularly."

    Brown-Waite is one of the biggest users of bulk mail, with 657,951 pieces at a cost of $129,428 last year. That surpassed the approximately $110,000 her campaign spent on direct mailings and related costs.

    One taxpayer-funded mailing featured a picture of her and the headline: "Medicare Prescription Drug Update: The Time to Act is Now." Another, entitled "Constituent Service Guide for the 5th District," included a survey and information about how to obtain U.S. flags, assistance from federal agencies and an appointment to a military academy.

    The House Democratic Caucus encourages members to use the mailings to communicate with constituents, spokeswoman Sarah Feinberg said. She said it was a good way for congressmen to focus on an issue or, if survey questions are used, get a handle on what constituents are thinking.

    That argument doesn't persuade Rep. Ray LaHood, R-Ill., who said he has never used the mailings in 13 years in Congress. "It's a waste of taxpayers' money," he said. "I don't believe in this self-promotion."

    LaHood argues that franking should be used only to answer constituent mail. He has repeatedly introduced bills to ban mass mailings and just as often the legislation dies in committee.

    For the House and Senate combined, the cost of taxpayer-paid mailings, including mass mailings, letters to individuals and groups of up to 500 people, was $34.3 million for fiscal year 2006, according to a recent Congressional Research Service report. In 1988, before more restrictions were imposed on the use of mailings, the figure was more than three times larger, $113.3 million.

    The biggest senders in the AP analysis included freshmen in tight re-election fights and veterans who coasted to victory.

    Rep. Henry Brown, R-S.C., had the most pieces of mass mailings: 1,257,972. His mass mailings' cost of $171,286 was among the highest in the House, as was the overall cost of his franked mail, at $177,706.

    Murphy, who advised constituents to maintain cars, was one of the House leaders in sending out bulk mail, with 1,003,836 pieces. The price tag: $165,650.

    Among legislative leaders, the biggest spender was Rep. Thaddeus McCotter, R-Mich., who last fall became chairman of the House GOP Conference. He spent $133,053 to mail 844,336 pieces.

    Other leaders in the last Congress and the current one were not big users.

    The cost of postage is not the only expense for taxpayers. Printing and reproduction can add tens of thousands of dollars to a mailing's cost. The printing cost for one mailing from McCotter was $30,259.

    There is a practical limit on how much can be spent on mailings.

    Funding comes from a congressman's office budget, which ranges from $1.2 million to $1.4 million for payroll and other expenses. The more spent on mass mailings, the less money is available for such needs as staff, salaries and district offices.

    Senators can also send franked mail, but the amount for each senator is specific and generally based on the number of addresses in a senator's state. At no point may it exceed $50,000 a year for mass mailings. For fiscal year 2004, overall mail allocations ranged from $31,746 to $298,850.

    Rep. Cliff Stearns, R-Fla., who mailed 906,788 pieces last year and won re-election with 60 percent of the vote, sees the mailings as helping him do his job.

    "Ours is a representative government, requiring an active dialogue between elected officials and those they serve," Stearns said in a statement.

    Mike Stokke, a political aide to recently resigned Rep. Dennis Hastert, R-Ill., when he was House speaker, said he would advise congressmen to send out mailings when they've fulfilled an important promise, such as getting money for a bridge in the district.




    eb2_mumbai
    07-14 11:22 AM
    If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.

    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.




    mrajatish
    04-09 11:42 AM
    Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.

    That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?

    In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask

    1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc

    2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?

    Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.



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