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  • axp817
    03-25 12:07 PM
    UN,
    Every point you make about the USCIS exercising extreme scrutiny for consulting/staffing company H-1Bs makes sense to me.

    Which probably means that we can expect to see almost zero approvals this year for H-1B applications filed by small consulting companies (I had to add 'small' so as to not include the big 5 types in this group), would you agree?

    And I assume the same applies to H-1B renewals as well.

    That being said, do you think AC-21 job switches (on EAD) to small(er) consulting companies will also be dealt with the same type of scrutiny (as H-1Bs)?

    Thanks,





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  • apt29
    08-05 03:24 PM
    Those are not in IT are caught in between the IT folks!





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  • xyzgc
    12-26 08:39 PM
    Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
    By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?

    Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.

    America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.

    Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !

    My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
    If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.

    Nobody is a war monger. Killing innocent Pakistanis is the worse crime. These are good people like us.
    We want to attack terrorist camps.

    Israel is a bad example. If Israeli don't counter-attack, they will cease to exist.
    One attack will not kill the enemy. You must do it multiple times.

    To think, US will take out LeT is a good idea but its not practical.
    Nobody's gonna come to wipe your ass. You gotta do it yourself.





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  • immique
    07-14 11:07 PM
    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.



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  • eager_immi
    02-02 12:22 PM
    this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

    [edit] Taxation status of H-1B workers
    H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems





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  • GCKaMaara
    12-17 05:14 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".

    Any innocent killed must be stopped. My faith is any person who does it or supports it must and will be punished by God.



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  • go_guy123
    07-28 03:37 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.

    yes its a NO NO for any amnesty...things will get better once skilled immigrants can seprate from the illegal immigrant lobby. Thats what happened in 2000





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  • HopeSprings
    08-06 10:48 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.



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  • 08-24 09:52 AM



  • Macaca
    05-27 05:39 PM
    As Indian companies grow in the U.S., outsourcing comes home (http://www.washingtonpost.com/business/as-indian-companies-grow-in-the-us-outsourcing-comes-home/2011/05/17/AFZbrp7G_story.html) By Paul Glade | The Washington Post

    Ray Capuana paces the rows of cubicles in a haggard high-rise a stone�s throw from Wall Street as his people hustle the phones and hope for a bonus check.

    His employees are not bond traders, though. They are call center workers. Many are African Americans without college degrees. Some lack high school diplomas. They work for a Mumbai-based company called Aegis Communications.

    India�s outsourcing giants � faced with rising wages at home � have looked for growth opportunities in the United States. But with Washington crimping visas for visiting Indian workers, some companies such as Aegis are slowly hiring workers in North America, where their largest corporate customers are based. In this evolution, outsourcing has come home.

    Capuana, a manager for Aegis in New York, motivates this U.S. office with dress-down days and the prospect that workers could, one day, earn a stint training call center workers in Goa, India. One of his tasks is to staff 176 cubicles, where workers make or take calls for customers of prescription drug plans or Medicare contracts and enter and verify information. The pay runs $12 to $14 an hour, with bonus checks of up to $730 a month.

    �Our recruitment model is simple,� says Capuana, who played Division III college football, wears rosary beads on his wrist and has a picture of Jesus above his desk. �I don�t care if you come from Park Avenue or the park bench. If you can do the job, we want you.�

    Aegis, a subsidiary of India�s Essar Group, an energy, telecom and metals conglomerate, says it�s pioneering the next generation of outsourcing: putting the work close to its global customers. Its executives call the practice �near-sourcing,� �diverse shoring� and, sometimes, �cross-shoring.�

    Madhu Vuppuluri, chief executive and dealmaker for the Americas division of Essar Group, remembers watching outsourcing grow in India in the late 1990s and early 2000s and thinking that the decline of U.S. call centers was overdone. He persuaded the billionaire Ruia brothers, Essar�s Indian owners, to let him make a counterintuitive bet: In 2000, he bid on the bankrupt assets of Telequestion, a 500-person call center in Arlington, Tex., for $2.5 million.

    That led to other acquisitions in the United States and abroad. Today, Aegis employs 50,000 of Essar�s 70,000 employees on several continents. About 5,000 people work at nine U.S. call centers. Aegis, which is on the hunt for more acquisitions, has said it aims to triple its U.S. head count, to more than 15,000.

    The strategy is based on the old-fashioned idea of being close to your customers. It�s one embraced by companies such as credit card giant American Express, insurer Humana and government agencies, which sometimes prefer on-shore call centers to handle customer service for sensitive life insurance, financial or health-care products.

    �The customer is the king,� Vuppuluri said. �Wherever the customer wants the services to be, we can provide.�

    Visitors on visas

    At its U.S. sites, Aegis says, 90 percent or more of its workers are American. In that way, Aegis is an exception to the rule. Until now, India-based outsourcing companies have largely brought Indian workers into the United States using H-1B visas and L-1 visas and have been the heaviest users of those programs.

    In India�s $60 billion software-exporting industry (which employs roughly 4 million people worldwide), Aegis is competing with companies such as Wipro, Tata Consultancy Services, Genpact, WNS and Infosys. Most are expanding their outsourcing work � from call centers to high-tech consulting and financial services � to the United States. In many cases, it�s a key part of the companies� growth strategy. But political and economic forces in this country and India complicate things.

    Some say the visa practice has hurt U.S. jobs and wages. These new visa categories were created by the Immigration Act of 1990, allowing foreigners to work in the country for up to six years. The aim was to lure high-tech talent. Tech America, an industry trade group, says that the visas are crucial to American innovation, future competitiveness and job creation.

    But they have been abused, too. In a study released in 2008, the government found fraud and technical violations on 20.7 percent of H-1B applications. Violations ranged �from document fraud to deliberate misstatements regarding job locations, wages paid and duties performed,� said Donald Neufeld, of the Department of Homeland Security, at a March hearing.

    Immigration officials and the State Department have worked to crack down on the fraud.

    �There will be, in any situation, an effort to go around the law,� said David T. Donahue, deputy assistant Secretary of State for Visa Services. �Our job is to catch the companies doing that.�

    :DSome lawmakers are looking to curb the practice and to encourage the India-based outsourcing firms to follow Aegis�s model of hiring Americans at U.S. sites.:D Issuance of regular H-1B visas � 10,200 so far this year � is down 43 percent percent from 2010, according to federal data. Last year, the Obama administration added a roughly $2,000 fee per H-1B visa for large companies, which could be curbing applications.

    In the past, if, say, BNY Mellon inked an IT contract with Infosys, Infosys would handle 70 percent of the work in India and send 30 percent of its project staff to the United States on temporary work visas. These Indian workers often live in ethnic enclaves on the outskirts of a city, work long hours and earn less than an American would for the same work.

    Companies such as Tata Consultancy Services, Genpact and Infosys are the largest users of the H-1B visa program and have collectively brought as many as 30,000 workers into the country in a year on H-1B or other visas.

    Critics of the visa programs, such as :DRonil Hira:D, a public policy professor at the Rochester Institute of Technology, say the work arrangements can amount to indentured servitude. The workers are often paid �home-country wages� in America. �That�s as low as $8,000 a year� with housing allowances, he says. The employers own the visas � so the workers can�t bargain for wages, and if they lose their job they have to leave the country.

    Hira said Indian workers still make up more than 90 percent of most outsourcing companies� U.S. head counts. He and other critics argue that many of these workers are not more highly skilled than their American counterparts but are simply willing to work for less. �It�s harming American workers,� he said. �It�s taking away their job opportunities, bringing down their wages and harming their working conditions.�

    The companies that use the visa programs have faced opposition from U.S. labor unions as well as age-discrimination lawsuits from American tech workers alleging that they were passed over by the hiring practices.

    At the same time, as high unemployment lingers and the economic recovery lags, India-based companies have seized on an opportunity to improve their image and expand their U.S. businesses by taking over companies and hiring more U.S. talent.





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  • bkarnik
    08-05 05:26 PM
    A lady tells her husband to go to the store to buy some cigarettes.He walks down to the store only to find it closed. So he goes into a nearby bar to use the vending machine.

    At the bar he sees a beautiful woman and starts talking to her.They have a couple of beers and one thing leads to another and they end up in her apartment. After they've had their fun, he realizes its 3AM and says, "Oh no, its so late, my wife's going to kill me. Have you got any talcum powder?" She gives him some talcum powder, which he proceeds to rub on his hands and then he goes home.

    His wife is waiting for him in the doorway and she is pretty angry.Where the hell have you been?". Well, honey, it's like this. I went to the store like you asked, but they were closed. So I Went to the bar to use the vending machine. I saw this great looking girl there and we had a few drinks and one thing led to another and I ended up in Bed with her.

    "Oh yeah? Let me see your hands!"

    She sees his hands are Covered with powder and says...
    "You God damn liar!!! You were playing pool again!!!"

    Moral of the story:

    Always tell your wife the truth. She won't believe you anyway. At least your conscience is clear



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  • go_guy123
    09-27 12:31 PM
    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.

    Canada PR can no longer be backup...since 2002 the new rules have are requiring Canadian PRs to physically stay in Canada for 2 out of 5 years to
    maintain PR.





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  • enqueued
    03-22 11:39 PM
    IMHO - go buy a house. We cannot freeze our lives for green card.

    I bought one in the first year of my H1. I changed it last year. I am in the 9th year now. It is the *only* sensible investment I made.

    Cheers.



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  • sw33t
    12-27 10:29 PM
    One thing everyone needs to realize is that 21st century wars are not cheap anymore.

    India just decided to implement the 12th pay commission's recommendations to its defense forces. A surgical strike is politically a risky venture. A strike may cause immediate gains and soothe tempers of the indian public but the battle will be fought through the media reports. Also, neither does the country have a national identity system nor has India been so serious about reaching out in a pro-active way. A weak border and the continuing saga of the rich getting richer and the poor getting poorer, not to mention caste based politics, will augment future terrorist plans.

    Pakistan has found a money maker in terrorism. US Aid to pakistan to fight terrorists will reach $8B after 9/11 ( http://www.americanprogress.org/issues/2008/08/pakistan_aid_numbers.html ) and more will be promised when the Iraq returns to stability and the focus turns to Pakistan's neighbor Afghanistan as the Taliban are gaining control again. This has been acknowledged by the new president-elect. Zardari's snub to curtail recession by the Chinese and the Saudis only solidifies Pakistan's need to find other sources/means of making money. Providing a conduit for drug trafficking for the Afghani market is already a major revenue source. Corruption is rampant.

    I believe that the rhetoric in the media about war mongering and troop pullouts from the afghan border are for think tanks in Congress and the Pentagon to act and work to defuse the so called drama of war and renew their promises of providing aid in the form of $ and arms.

    India has and will continue to be a peaceful and a reactive neighbor. It will continue significant investments in capital and policy to strengthen its internal security foundation and work towards economic prosperity by defending its borders rather than be a pro-active regional cop.

    What India has gained, out of this sad and unfortunate event and its subsequent actions, is its status as a responsible upcoming super power in the region with diplomacy as the arrow and its nuclear capability as its bow!





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  • imbond707
    08-06 08:41 AM
    Dear Rolling_Flood,

    Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.

    May GOD give you wisdom. (Amen�)

    James Bond



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  • desi3933
    08-06 09:11 AM
    ....
    ....
    ....
    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

    Someone (Rolling_Stone is that you?) gave me red dot with this remark
    yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE

    Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
    BTW you are a coward who does not guts to reply with your ID.

    Yes, I agree, getting thru JEE is good but it is no big deal.

    Rolling_Stone -
    Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D

    You are a real CKD (if you are an IITian then you should know what it means).





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  • Rolling_Flood
    08-05 09:00 AM
    Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
    Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir.

    I am not anti-immigrant, just anti-porting and anti-interfiling.

    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?



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  • texcan
    08-06 05:26 PM
    A man was driving home one evening and realized that it was his daughter's birthday and he hadn't bought her a present. He drove to the mall and ran to the toy store and he asked the store manager "How much is that new Barbie in the window?"

    The Manager replied, "Which one? We have, 'Barbie goes to the gym'for $19.95 ...

    'Barbie goes to the Ball' for $19.95 ...

    'Barbie goes shopping for $19.95 ...

    'Barbie goes to the beach' for $19.95...

    'Barbie goes to the Nightclub' for $19.95 ...

    and 'Divorced Barbie' for $375.00."

    "Why is the Divorced Barbie $375.00, when all the others are $19.95?" Dad asked surprised.

    "Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken's dog, Ken's cat and Ken's furniture."





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  • mrajatish
    07-08 10:07 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.





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  • gc4me
    12-18 02:10 PM
    BTW, who is Antulay? I googled but no clue.


    True. No doubt this needs investigation. But Antulay's intentions were horrible.





    zCool
    04-07 12:45 AM
    I don't think that will be end of the world. H1B was answer to the xenophobia itself. It's beneficial to corporations and US economy but very bad for Indians who are being lured under wrong perception. People are getting temperory permits for jobs that basically happen to be of permanant nature.
    When there happen to be 200K applications for 65K permits on day 1.. and folks from Microsoft and Google have to worry abt being able to keep geniuses they have hired.. something's gotta happen to separate wheat from chaff.. this will be it..!





    GCapplicant
    07-13 11:47 AM
    Here is my 2 cents worth...

    What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.

    What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.

    We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.

    Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!



    I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
    .Even we need required justice.
    Atleast we can address the problem.