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  • NKR
    08-05 04:21 PM
    I am not taking sides here, but it is not a question of "smarter". I have a simple question. Do years spent doing MS/PhD have no value? They count for nothing in PD. On the other hand a person with a BS accumulates 5 years in the same time and ports. Now he/she is a full 5 years ahead of the one that pursued the education route. Fair?

    I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.


    I think it is all subjective. You ask �Do years spent doing MS/Phd have no value?�. A person who has 5+ years experience will ask �Do years spent working have no value?�.

    Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.

    Now you might say � No dude, I did not have money, I worked for 2 years and then got into MS�, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.

    I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.




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  • ita
    12-18 03:17 PM
    Oh no! I was under spell of the reverse ego where I was so very sceptical about my religion, just skeptical not disbeliever( fortunately) ,thanks to the diluted versions that are sold to us about the Vedic Cuture under various pretexts(be it appeasement of other religions/religious competetion/anything else... not too interested anymore in digging into that).

    I've nothing against you(In fact I find your views/posts sometimes interesting). You want to take liberty (think you know all that is there in Gita ,please yourself) and say whatever you want to say about Gita I can't stop you and even if I could I won't stop you beacuse I know progress can be made even without the aid of these scriptures.
    (After all Budha, JK are all religious dropouts who did not support Vedic culture though were born in the very culture and paved beautiful path for all the religious dropouts that were already there/to come.)

    But yes if you are worried about me being egoistic about my faith I would say thank you but don't worry . Na, I'll never let my self be a slave to mere ego when I know what I can get by trading the ego to egolessness.

    I clearly mentioned in my earlier message that I was posting for the benefit of just few people (who could be like what I was few years back...for anyone that's wondering what I was ...I used to be so skeptical that I didn't want to do anything with any religion even mine, other than following the festivals and praying in ritualistic way as I couldn't be total disbeliever . I was victim to the confusing interpretations (of Gita and other scriptures )by people who were desperately trying to tie them with the evil practices existing in the society .

    Divine/God/UtimateTruth can be realized through religious/Irreligious path.

    Yes one needs to constantly question that is offered in the form of religion.

    I've discovered what I need to and this is possible both religious/irreligious path.

    As per me you posted what you think best and I posted what I've discovered and it's for the reader to accept your version/my version/new version or drop everything.

    If you would like to or if it pleases you , you can come up with theories about my bruised feelings/hurt ego but only that is not the case.

    Thank you.



    oh, ya! So just because you follow a specific faith, it has got to be pious, and books of other religions have been doctored. There is nothing new to this view. Every man on this planet adheres to this view.

    You see, every book has been changed during the course of human history. It doesn't mean that they were tottaly changed, but in a way there have been elements added and deleted from these books. So there are parts of these books which are good and teach us to love all of humanity and our sorroundings, then there are those parts in each such book, and those parts have been very carefully added by thugs and cheats during the period of time, such that they could keep control and grip on the comman people and at the same time spread their religion/world view. Anything that remotely peaches hate towards anyone cannot be the word of "God", whether it calls people of other religions as Kafirs ordering to kill them, or, whether it calls "non believers" as evil going to helll, or if it implements caste system. They are all the same. The true nature of the supreme being, the creator, is nothing but love and every thought in contradiction to the nature of supreme being is plain false. And older the religion, more the chances of that religion getting docotered by greater number of kings.

    You have reasons to accept that these books have been doctored but your ego is not letting you accept that things you have believed in your life could be wrong. Thats not just your problem, any person following any religion has the same problem.

    It is your responsibility that you don't pass on this disease on the mankind called religion, to your next generation. For too long the progress of minkind have been hindered by this disease. The progress you see in 21st century is not because of religion, but inspite of it. 99% of all inventions from Tesla's AC current to the first flight of Wright brother, they were all conducted in the country where there is separation of state and religion. I bet you, if religion was part of the consitution of US, no progress would have been possible.

    Its time to shed your ego that my religion is pious and others religions are wrong because all oraganized religions are wrong. And even if you want to lean against some religion, try to question every part of every religion that is peached and see it with a critical view. it will become easier for you to separate the diamonds from the dunghill.


    .




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  • milind70
    08-03 09:22 PM
    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.

    This is really a grey area, as per the field manual visa's issued by consulate/embassies less than a year are verified or checked. Less than a year is because the dept of states purges data a year old thats why less than a year time frame they send the copy to consulate for checks . But the grey area I am talking about is ,lets say i applied for 485 in july 2007 and i got my H1 stamped in sept 2006 by the time my case is processed it will be most probably oct 2007 (liek data fed in etc) now in oct 2007 when they process the checks DOS would have purged the data ,so in turn when they process your checks yourr visa issuance date shoudl be over a year as the consulates and embassies wil purge data one year old. I am talking about normal cases where visa stamping is very straight forward ,revalidation or extension etc.




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  • desi3933
    08-05 10:55 PM
    Pappu,
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    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).

    So, what is your point? Why are you against PD recapture (aka porting)?

    Since you mentioned it, let me say few things about myself -
    1. I have graduate degree from IIT as well (IMHO its no big deal)
    2. I have Masters as well
    3. Took the job that pertained to my field of study
    4. I never paid a dime for my H1-B/GC processing. Infact employer paid for EAD and AP for spouse as well.
    5. I worked for Fortune 50 company (until last month)
    6. I had exactly the same medical/vacation/retirement benefits as other employees

    I did I-140 in eb3 and ported to eb2 with the SAME employer (in year 2000). I don't see anything wrong in PD recapture.

    PS - Last Month, I become independent consultant in my field and enjoying my work.

    Good Luck to you.

    ___________________________
    Permanent Resident since 2002



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  • lfwf
    08-06 02:50 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)



    I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

    1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

    2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

    And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

    3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

    I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.




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  • pete
    04-09 08:15 AM
    I think this bill ironically works out well for doctors and researchers!

    We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".

    The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).

    Would like to hear opinions for and against this view......



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  • calboy78
    08-11 01:23 AM
    bump ^^




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  • Macaca
    12-27 06:39 PM
    Onions vs. Corruption on the Outrage Scale (http://blogs.wsj.com/indiarealtime/2010/12/27/onions-vs-corruption-on-the-outrage-scale/) By Rupa Subramanya Dehejia | IndiaRealTime

    Are we a democracy in name only? Is the Indian electorate apathetic? Why aren�t people marching in the streets protesting the recent spate of corruption scams?

    Well, OK, some marched last Wednesday as the BJP sponsored demonstrations against corruption in the major metros. But it was hardly a spontaneous and large-scale outpouring of popular disaffection. And it was rather late at that.

    While India�s political classes and the English speaking elite are working themselves into a rhetorical frenzy over the succession of scandals that have beset the United Progressive Alliance government, contrast this to the apparent complete lack of engagement by the common man. While most Indian commentary has focused on the political intrigue within Delhi, Paul Beckett in the WSJ remarked on the fact that �this is the sort of event that in a less apathetic democracy would lead to genuinely convulsive outrage.�

    At least every five years, India is a vibrant democracy, with a high participation rate and a robust tendency to punish incumbents who perform poorly, even more so than in most Western democracies. But why do we become so lethargic in between? Where are the convulsions that we surely should be seeing?

    Recently, I�ve been posing this question to just about everyone I meet from Mumbai taxi drivers, construction crew in the neighboring apartment, Twitter followers, and whomever else I can buttonhole. Some professed no interest, saying that all of their energy and time are occupied by putting food on the table. Others expressed a sense of helplessness: �I�m a day laborer barely making ends meet; how can I influence what these big politicians do? Who will listen to me?�

    This sense of resignation needs to be questioned. If common folk felt that helpless, why would they bother to vote in such large numbers and turf out politicians they don�t like every time an election comes around? As the recent state election in Bihar demonstrates, voters are quite prepared to reward good governance and punish grandstanding populism. Clearly, as an electorate, we�re responsive and agile when we want to be.

    So what�s going on?

    One hypothesis is that people largely see this as political theater. So long as the economy is booming and there�s no direct impact on their pocketbook, it�s business as usual. Let�s not forget when existential questions such as land acquisition or the price of staples are at issue, we do see the common man coming out on the streets and expressing his displeasure, forcing governments to react. Witness the recent uproar over the price of onions.

    The estimated $40 billion loss to the exchequer from selling the 2G spectrum below its value is money not spent on electrifying Indian towns and villages, building schools and hospitals, etc. Why don�t people see it this way? It is not merely a �presumptive� loss as Kapil Sabil contended to Barkha Dutt on NDTV recently but a real economic loss. After all, a rupee not earned is a rupee wasted.

    Another reason could be that two-thirds of the people are poor and don�t pay much in the way of income taxes. Perhaps they don�t see the recent scams as costing them. Contrast this to the West where every allegation of government money misused is widely portrayed as a waste of taxpayers� money and galvanizes opposition. In India, the bulk of the tax base is rich individuals and corporations who, as we should expect, are the ones who�ve been screaming loudest about the recent scandals.

    A related explanation may be that there�s been a failure by the opposition parties in articulating the cost to the common man of these various scams. Broad and sweeping condemnations of corruption don�t speak directly to the fact that the money lost could have been used for productive social ends. The talking heads on cable news channels and the pundits in print seem so caught up in the minute details of parliamentary and judicial procedures that they miss the forest for the trees.

    The crux of the matter is this: government strategists have presumably deduced that none of these recent scams will be consequential at the polls. What animates the common man is not television debates between Anglicized lawyers who use fancy words but fundamental issues such as food, water and land. Despite all of our economic progress, there remains a fundamental divide between the interests of the urban middle and upper classes and of the poor, whether urban or rural.

    Until that changes, the price of onions will always be politically more salient than whatever corruption scandal is making headlines, and will dictate electoral fortunes.

    Do you agree? Share your thoughts in the Comments section.



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  • satishku_2000
    05-16 02:11 PM
    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.


    I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.




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  • sumanitha
    12-22 07:49 PM
    http://www.youtube.com/watch?v=VORdATj6s4w&eurl=http://video.google.com/videosearch?q=zakir+naik+2008&emb=0&aq=1&oq=zakir+nai



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  • yrspassby
    08-06 03:14 PM
    According to CDC, there is an epidemic of people who are walking and texting getting run over by cars, you know who runs'em over people who are driving and texting

    Today, we had an earthquake 5.4 at LA. NBC was thrilled, because that was their highest rating so far :)

    It happens only in Hollywood, a secretary took a shield under the desk of her boss for earthquake. By the time, the earthquake was over, she had a starring role in his next movie..;)

    Yesterday, John McCain removed a small mole from his temple, to which Pres. Bush responded "Temple?,Huh.. I didnt know he was Jewish"




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  • Ramba
    08-05 01:50 PM
    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.



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  • axp817
    03-25 03:31 PM
    I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.

    In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.

    Thank you, that is helpful information, although I was talking about a situation where you are self-employed while in AOS, and intend to stay self employed even after your 485 is approved. Self employment being your 'AC21 employer' essentially.

    Any cases you might have come across?




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  • Beemar
    01-01 03:25 PM
    Oops!! Scratch that. Apparently these are old links. Some going back to 90's! Actually our country is threatening war for so many years that the links become all mixed up. It is embarrassing to see our country warnign pakistan with dire consequences for almost 20 years now, without dropping even a small firecracker in pakistani territory. Indian govt should at least threaten google to block all these stale links, or it should threaten google with surgical strikes :)


    Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.


    India Set to Launch 'Small War'
    http://www.commondreams.org/headlines02/0531-01.htm

    Delhi ups its war rhetoric
    http://www.atimes.com/ind-pak/BA27Df01.html

    US fears India may attack militant training camps in PoK
    http://www.expressindia.com/news/fullstory.php?newsid=10507

    India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
    http://www.highbeam.com/doc/1P2-588205.html

    Bush appeals to India, Pakistan to `draw back from war'
    http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM


    India, Pakistan shoot, talk of war
    http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM



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  • file485
    07-09 12:07 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!




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  • wantgc23
    08-11 07:55 PM
    really good thread



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  • reddymjm
    08-05 10:32 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?




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  • chintu25
    08-06 11:12 AM
    "It looks like the Senate and the president have finally agreed on an immigration bill. ... This one looks like it could become law and, of course, nobody likes it. The conservatives say the bill gives amnesty to the illegals. The liberals say it doesn't go far enough to protect the hardworking immigrants here in America. And the L.A.P.D. doesn't know who to beat up." --Bill Maher



    "The liberals are saying that this guest worker program ... is really just a way to depress wages and create a permanent underclass of exploited labor. To which the president said, 'And the problem is?'" --Bill Maher



    "President said in his speech that immigrants have to learn English. The immigrants said, 'Hey, you first.'" --Jay Leno



    "President is down in Mexico right now. Again, I don't think President gets it. As soon as he stepped off Air Force Once, he looked around and said, 'Wow, you got a big problem with Mexican immigrants down here, too.'" --Jay Leno


    :D




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  • mhathi
    09-26 10:01 AM
    Here's something from his website. I am not one hundred percent sure of what he will do but I do remember him talking about increasing EB GCs early on in his presidency bid.

    "Improve Our Immigration System

    Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "

    I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.




    kinvin
    02-25 06:06 PM
    Lou Dobbs is the founder of the failed Space.com site. He might realize that he could not have even got the business started without Indian H1B's.

    Had he run the business properly he would also have been a .com success story by now and would have been a key note speaker at Diwali and Navratri functions in NJ.

    �I am a .com success story because of you hard working H1B�s�-------- Dobbs.

    �But now I make a living by bashing them.�




    senthil1
    04-06 11:46 PM
    Law cannot be done to put restrictions only for new H1bs. They will put restrictions for any H1b for new H1b and also transfers. But if it applies to H1b extensions also then everyone are in trouble. But bill tells that all the hires of H1b. That means H1b extensions are not new hires for a company. So it should not be applicable.

    I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.

    I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point

    ---This applies to all the applications filed after the enactment of this bill.

    So how is it going to effect the current H1b consultants?

    Thanks

    Amul



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