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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.




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  • Beemar
    12-26 06:02 PM
    I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.

    Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.




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  • satishku_2000
    05-16 07:08 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.

    I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .

    Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...




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  • mihird
    07-15 04:34 PM
    When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.

    Bulk of H1-B holders are a great asset to this nation! I would rather salute the American nation and its government for putting together such a wonderful program, that manages to bring in the best talent of the world and utilize it to further stimulate its economy. Low paying body shops replacing the American worker are just bad apples and represent a very small portion of the H1-B population.

    I only wish the GC process differentiated between these two and put people in the queue accordingly. People randomly getting kicked out of the queue and starting over, and labor substitution helping people jump the queue...this is all the mess that really needs to be cleaned up..

    Though, honestly I think the best of best H1-B cream is gonna jump ship to other countries if the GC process is not fixed soon enough! Country specific hard quotas makes no sense in EB green cards. I am even surprised it has taken Americans so long to come up with something like the SKIL bill...

    I think, it is long due..



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  • unitednations
    03-25 07:10 PM
    send it to info at immigrationvoice.org and we can upload it.

    It is a known bug that we could not fix in the forum. Some members are unable to upload files.

    sent.




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  • shuyaib
    12-23 05:00 PM
    Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:

    http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html

    .. and simply you are down in mud pool doesnt mean whole world is like you!



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  • Macaca
    03-06 09:03 PM
    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office

    The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

    APPLICATIONS FOR IMMIGRATION BENEFITS (http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf)
    Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/xabout/structure/editorial_0482.shtm)

    CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm)
    CIS Ombudsman's 2006 Annual Report to Congress (http://www.dhs.gov/xabout/structure/editorial_0890.shtm)
    Annual Report 2005 (http://www.dhs.gov/xlibrary/assets/CIS_AnnualReport_2005.pdf)
    Annual Report 2004 (http://www.dhs.gov/xlibrary/assets/CISReport_to_Congress.pdf)

    Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007
    Yearbook of Immigration Statistics (http://www.dhs.gov/ximgtn/statistics/publications/yearbook.shtm)
    Annual Flow Report

    U.S. Legal Permanent Residents: 2006 (http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf) By KELLY JEFFERYS
    U.S. Legal Permanent Residents: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf) By KELLY JEFFERYS AND NANCY RYTINA




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  • alterego
    08-10 09:08 PM
    Let this be an example to all those who believe that trying to get Lou Dobbs to support any cause of Legal Immigration is smart, in fact it is actually foolish. He is simply against ALL IMMIGTATION completely, most of those comentators that attack illegal immigration are merely holding back their attack on ALL IMMIGRATION because that would be counterproductive to their cause with most fair minded americans.

    Computer science graduates are in short supply in the US, this is a fact despite the outsourcing. Salaries for Computer science grads. are rising in the USA and the world over. Right now there is a deficit of about 100K graduates yearly in this area in the USA. The average Computer science grads can starts at a salary of over 60K whereas most college grads. in the US start at 40-50K annually. Computer science grads, also have easily better prospects to go on to higher salaries and better opportunities within 5 yrs.Yet Lou puts the programmers guild founder on his program to bash the H1b program................all while bashing outsourcing as the sin of sins.

    Lets follow his argument for a minute, no outsourcing, no outsiders in the USA, few US students joining in Computer science, all with a 100K deficit of Computer science graduates annually. To his infantile brain of hillbilly economics that means higher salaries for native born american computer science graduates. Win Win for america right? No, more importantly it is catchy and does wonders for this ratings!

    Actually in reality it means Japan, Taiwan, Singapore etc. will eat their lunch. What an idiot not to see that having gone to Harvard. Perhaps I should say genius braodcaster to see a niche and exploit it to perfection as if passionate about the cause.

    Thank god most americans see past this shallow thought process.....phew. If they backed his point of view, I would then be more likely to WANT to leave. The fact that his point of view still does not find a massive following gives me great faith in this great country. That his show is not matching up with other networks is enough to make me just love this country for what it is, fair minded and based on the purest capitalistic views instead of following a protectionist rant. If I have to go through years of hardship so my progeny can flourish here, I consider it a worthwile sacrifice. Thanks Lou for proving this to me every day. Where would I be without the strength you provide to me daily!



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  • bobzibub
    12-27 11:06 PM
    Please don't advocate war.

    A human death is a human death. Whether the fig leaf of state or some extremist views are used, it matters not to the mother who loses her kids. Bombs from planes are no better than bombs on belts. They just get better press.

    When you are attacked it is natural to want to respond to those attacks. That stems from your ancestors (as mine) who lived in some tribe struggling for life with scarce resources. But we know the results of this primitive thinking: look to the Americans.

    The Americans after 9/11 had such a blood lust that they attacked an unrelated country, killed a million civilians and will probably cost the US $3T all told. Iraq was bombed to the stone age and they are now a mess, no matter what their implausibly hopeful government claims. All because Americans and their institutions collectively lost their facility for critical thought. Their great thinkers "rationalized" themselves into a stupid, illegal war. And their militarist politicians and their corporate pals profited from terrorism every bit as much as Bin Laden. (For that they can rot in hell. But a cell in the Hague first.)

    If India attacks Pakistan, which many here seem to advocate, it will kill many more innocent civilians on both sides. War is a blunt instrument and will not have the intended consequences. Let no one pretend otherwise.

    If India can defeat the entire British Empire without firing a weapon, I can't believe that there isn't an ingenuitive solution to this mess. I can't believe that Indians and Pakistanis can't be the ones to solve it without weapons, especially nuclear ones.

    Nuclear weapons technology is old. Soon every country (and undergraduate engineering student) will posses the knowledge to build them. Yet if we continue to handle disputes in the same way that was bred into us when our people hunted on some African plane, it will be the end of all of us.




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  • sw33t
    12-28 05:12 AM
    Do you realize the extent of loss after Mumbai attacks?
    The initial rough-and-ready calculations estimate that the business loss on those two days is close to $10 billion and the foreign exchange hit is approximately $20 billion.
    A bomb scare in any software park in India (just a scare - no loss of life and property) will generate enough fear factor to shut it down for several weeks! How much loss do you think it entails?


    So your justification on spending billions more on what was lost is the right thing???


    And what about the loss of civilian lives? The lives of soldiers dying in shelling across India-Pak borders? The loss of morale of Mumbaities!! The feeling of insecurity when you hop on to the daily commuter train? Who will account for all of that?

    http://economictimes.indiatimes.com/News/PoliticsNation/Mumbai_attacks_may_have_cost_Rs_50k_crore/articleshow/3777430.cms


    Going to war to retaliate might give the impression of satisfaction, but the insecurity caused by trauma is still going to live on forever.


    Of course, wars are costly! It doesn't mean you should not go on war, it doesn't mean you should zero out your defence budgets, or does it?


    Agreed!


    Do you drive your car without an insurance?


    Exactly. The state, the county, the city and the insurance company make money off of your will to comply! Thousands more will die off of your desire to go to war whereas the arms dealers make money.



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  • Macaca
    05-29 08:22 PM
    The Newest Lobbying Tool: Underwear (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/28/AR2007052801091.html) By Cindy Skrzycki (http://projects.washingtonpost.com/staff/email/cindy+skrzycki/), Tuesday, May 29, 2007

    It was inevitable. In the Internet age, interest groups seeking influence in Washington are joining presidential candidates in discovering a new electronic tool to press their agenda: YouTube.

    "Send your underwear to the undersecretary'' urges the actress in the Competitive Enterprise Institute's stinging 66-second anti-regulatory video posted on YouTube, a free video-sharing site that is a subsidiary of Google. The video blames a 2001 Energy Department rule for an energy-efficiency standard that it says has made new models of washing machines more expensive while getting laundry less clean.

    The underwear video illustrates what other advocacy groups are finding out: YouTube is a cheap, creative way to get a message to a potentially vast audience. This slow migration is in addition to more traditional lobbying approaches, such as direct mail, Web sites and scripted phone calls to federal officials.

    "This is the next step,'' said Missi Tessier, a principal with the Podesta Group, a Washington lobbying firm. She said her company is working on a YouTube piece pushing for more federal funding for basic research for one client, the Science Coalition, a group of research universities. "We are always trying to find ways to get our message out.''

    Concerned Families for ATV Safety, which wants to keep children off all-terrain vehicles, turned to YouTube to lobby for more federal oversight at the agency and congressional level. One of the parents produced the video and posted it May 18.

    "We decided to put it on to raise awareness about how dangerous the machines are,'' said Carolyn Anderson of Brockton, Mass., who lost a son in an ATV accident and is a co-founder of the group.

    Some of the presidential candidates already have calculated that YouTube postings will reach the same younger audience that regularly visits social networking sites such as Facebook and MySpace. A few federal agencies have taken the plunge, too.

    Officials at the White House Office of National Drug Control Policy said it expects its YouTube messages to be ridiculed, laughed at, remade and spoofed. And they are. Its anti-drug message is also reaching the right demographic.

    The Consumer Product Safety Commission realizes that YouTube would be a great way to broadcast product recall and safety messages, though it has not produced a video for it.

    "There are a tremendous amount of people who use that Web site,'' said Scott Wolfson, an agency spokesman. "But we worried about the integrity of the message being changed by users.''

    The YouTube audience hardly seems like a demographic that would be interested in washing-machine efficiency. Still, the Washington-based Competitive Enterprise Institute, which opposes energy-saving fluorescent bulbs and increasing the gas mileage of cars and trucks, has 43 videos on the site. Many of them are snippets of speeches and testimony with few user "hits."

    And then there's the underwear video.

    "We figured we would try a very fast, inexpensive campaign that would go viral," said Sam Kazman, general counsel at the CEI and head of its Death by Regulation project. The video went up May 16 and had 1,306 hits in the first week, a respectable showing, especially considering the subject matter.

    Kazman said the campaign cost virtually nothing. He wrote the script and one employee did the acting and another filmed it.

    The CEI Web site links to the video and to a June Consumer Reports magazine article that rated top- and front-loading washing machines for energy efficiency and performance. The magazine found that since the Energy Department issued an efficiency rule in 2001, the performance of various machines has varied widely.

    "Not so long ago, you could count on most washers to get your clothes very clean," the article says. "Not anymore. Our latest tests found huge performance differences among machines. Some left our stain-soaked swatches nearly as dirty as they were before washing. For best results, you'll have to spend $900 or more.''

    Kazman, who said he owns a 21-year-old Whirlpool washing machine, took this as confirmation that predictions his group made in 2001, that the rule would wreck a "low-priced, dependable home appliance," have come true.

    The manufacturers of home appliances, energy-efficiency groups and regulators who are being mocked in the video disagree.

    Celia Kuperszmid Lehrman, deputy home editor at Consumer Reports, said the underwear campaign takes the ratings out of context. "We support energy standards for washing machines,'' she said. "There are alternatives that will wash as well as older machines. They cost more to buy but not to operate."

    "I think it's obnoxious; I don't think this dog barks,'' said Andrew deLaski, executive director of the Appliance Standards Awareness Project in Boston, a coalition of industry, consumer, environmental and state interests.

    DeLaski, who was involved in the negotiations that led to the 2001 rule, said it was expected at the time that prices would go up but that consumers would save on utility bills.

    "That's a regulation working pretty damn well," he said, adding that consumers can expect to save $80 annually on utility bills with the new models.

    Michael McCabe, a senior engineer at the Energy Department, said that nine out of 10 models Consumer Reports tested are in the price range the department predicted when it issued the rule, an extra $250.

    On the underwear front, Kazman said he sent his own (clean) underwear to the Energy Department. The department said the mailbox of Undersecretary Dennis R. Spurgeon is still empty.

    Kazman blamed the late delivery on another government policy, which subjects packages to irradiation.




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  • nojoke
    04-15 03:42 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
    The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.



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  • willigetagc
    08-05 08:40 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

    In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
    But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

    You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.




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  • dixie
    08-13 01:17 AM
    He said that average productivity of an american is greater than the productivity of 3-4 Asians and then went on to ask, why is then corporate american sending jobs outside of united states?.


    How the hell did he arrive at that figure ? the whole trouble with lou is he fabricates "research" such as the above statement with absolutely nothing to back it up. So much for the Harvard educated economist in him.



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  • suavesandeep
    06-26 05:06 PM
    puddonhead,

    To be FAIR In your calculation should you not include the tax break you would get for buying a home. I know the interest is variable, You will be paying lot of interest in the early years. But maybe we can average say Total Interest Payment/30 = Average Interest paid per year. And use this figure to calculate the average tax break one should expect.

    For e.g. Lets say on an average you pay every year 24K in Interest payment for your Mortgage, You would get approx 8k back in tax credits (assuming 30% tax bracket).

    So shouldn't your left side be:
    (mortgage + property tax - All tax breaks)


    Also in areas like Bay area, Even with the above update formula (If you notice i did not even count maintenance).. I am not optimistic that this formula will ever work. So does that mean you can never buy a home in bay area :)..

    Or should you include some more variables here say if you live in NYC/Bay Area has a thumb rule its ok to pay X% extra compared to the average national trend line ?

    If only everybody in bay area used this formula before they bought their home :). Amen.


    Well - your approach smells of speculation, which is pretty dangerous!!

    I take the following approach

    Left Side: Add my rent

    Right Side: Add all my expenses (mortgage + maintenance + tax)

    As soon as Left > right - it is a time to buy.

    If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.

    However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.




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  • cpolisetti
    04-18 06:09 PM
    I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Lou Dobbs at CNN is doing a quick vote to justify his oppinions against amnesty. So far, the majority of the vote is "against" rather than "for". I myself am not a big fan of the proposal becauses it deminishes efforts put in by legal immigrats like ourselves but regardless consider it necessary for us to support as it currently is the only bill alive including retrogression relief along with amnesty.

    Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!

    Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?


    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/



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  • rkgc
    03-23 03:21 PM
    Hi All, Let's post some useful information for gimme_GC2006, s/he must be anxiously waiting for our reply.

    Did you get in touch with a lawyer yet?

    ~rk




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  • Macaca
    01-31 09:28 AM
    His book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home.

    1. Is it possible to post the above line (with page number) from his book?

    2. Please post other easily refutable lines (with page number) preferably related to H1B.

    3. How did he get the H1B numbers from USCIS? Why are they authentic?

    I want to see if the following is convincably doable. There is nothing else to do and I am sick of this crap. Thanks.


    In any case we should counter his BS with facts and send it to CNN.




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  • krishna.ahd
    01-06 04:14 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is elected CM by people of Gujarat , also third time in a row, so you know now what people of Gujarat wants.




    ZeroComplexity
    09-30 03:36 PM
    All these proposals came into this picture under a republican president and a republican majority congress. How is McCain going to change anything? In fact, he was a strong propenent and sponsor of CIR measures.


    For the past 8 years it has been status qou for us, do you really want this stalemate to continue?



    He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
    for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.




    pointlesswait
    08-05 11:09 AM
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)







    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.



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