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  • shantanup
    03-25 08:55 AM
    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.




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  • Madhuri
    05-16 11:08 AM
    Very well said Sanju. You put everything in right perspective.




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  • hopefulgc
    07-13 01:04 PM
    Good argument.. this should make it to the letter

    Here is my 2 cents worth...

    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.




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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.



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  • mxh72c
    07-14 08:55 AM
    CIR is coming BACK in 2009! The only change that will happen in immigration is CIR due to the pandering politics. IV and all its members focus should be ensuring CIR is not passed on the backs of EB green cards. The group most likely to be screwed over will be EB3. All our energies and money should be on CIR and that we have a seat on the table when these compromises are made.




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  • needhelp!
    09-29 11:08 AM
    This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".

    When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.



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  • srkamath
    07-13 06:28 PM
    I don't think the issue is that simple. .........Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    ABSURD !




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  • Sakthisagar
    07-28 03:27 PM
    Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.

    Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.

    Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.


    hahaha If one is a PM of India??? woooooh that will be funny, any PM will ask the permission of Madam the congress president What to do? and whatever uneducated madam says that will be done., dont ever ever dare to compare India and USA. dont compare apple with oranges.

    And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue. They can very well give EB immigrants green card. If you are fascinated or halloweened by The Presidents personality no one can help you. Like in India people blindly worship their party leaders or PM or Madam for that matter.



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  • NKR
    03-28 04:48 PM
    how is owning a house a simple pleasure ?? it is a complex pleasure when yr residential status itself is not guranteed.
    you can give more pleasure to yr family when you rent.

    the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade).

    you just have to read financial websites to see the enormity of the problem. some are super worst scenarios and some are bad scenarios ..so I guess most likely outcome is somewhere in between(in terms of recession ) and RE market -- i.e. drop of 10 to 25 %. for 300K house that would be 30 thousand minimum.
    when u rent it gives you tons of mobility ..which people don't understand (especially house wives). being able to rent near my job and again move when my company sends me somewhere (or other similar situations) ..that std of living - I can never get by owning a million dollar house. and renting is not throwing money esp in these times (say $250 is prop tax, 200 extra due to commutes / yardwork / utilities, 200 more in HOA, insurance etc + maintenance etc etc)
    when you add couple $100 to the above you get a place to rent --without worrying much as to what yr kids draw on the walls. plus if u invest the diff in diversified funds ..you would get more peace of mind.
    In the end though it depends on personal situation ... but rushing to buy now on EAD is bad idea ..it is never good idea to catch a falling knife.
    ofcourse if you have tons and tons of money and don't mind taking a loss then sure ..Buy. not just here maybe buy another house in India / Bahamas etc ...

    Let me just ask you one question. Assume that the house prices start to rise again, everything comes back to normal and it is the right time to buy a house. Would you then buy a house if you still do not have a GC and you are on EAD.




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  • gcisadawg
    01-06 04:10 PM
    Refugee New,

    When an innocent civilian is killed anywhere, it is scary and painful because we never know when others would be talking about our death as "another civilian gone". It is much more scary when the 'attack/counter-attack' show unfolds in the theater of middle east.

    Arab league tried to bring a resolution in Security council and it was scuttled by US. Arab leaders try to act as if Palestinians are the only priority and portray the blame on others. But when all those western diplomats and leaders visit them, they are gifted with pearls, diamonds and all those precious stones and metals along with coveted contracts for their industries.

    An Isreali leader can wage a war whenever he see's a need. If he wins, he would be a hero and win the next election. Otherwise he just goes home..
    Thats it.....

    An Arab leader is not like that. He needs to cling to his throne FOREVER and also safeguard it for his son's use. So, he is always beholden to
    western countries and Western leaders know that. That's why they always have their way and you and I would see these drama unfold again and again.

    It is a very high stakes game where the survival of the throne depends on keeping the Arab masses diverted and glued to Israel's actions.

    I do not condone the massive use of Israel's arms in any way. But my point is, if the Arabs don't take care of Arab issues, then who will?



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  • sc3
    07-14 05:17 PM
    Paskal,

    Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..

    EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).

    My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.


    For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers


    "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....




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  • Refugee_New
    01-07 10:00 AM
    Israel is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business.
    They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving.
    These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

    See this web site for more detailshttp://www.faithfreedom.org/Articles.htm


    I know this is your ideology and this is what your religion preach you. You preach and practise this quitely while blaming and killing people of other faith. Good strategy though.



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  • Refugee_New
    01-06 04:18 PM
    children being killed is sad beyond belief...i can't even imagine the pain of their parents! however, it isn't it hamas' position that israel doesn't have the right to exist? when will the madness end?

    btw i am not religious at all. i believe organized religion is a method of oppression and creation of unthinking clones. but i sure as hell don't want to die for being a non-believer! in my mind the only solution is to live a good life - "and it doesn't need someone to tell you what good is" - and protect and cherish the country/community that nurtures you.

    Hamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD




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  • alisa
    01-04 05:35 PM
    No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again.
    Then you would probably be right, that this is the active policy of Pakistan, and I would probably be wrong, that these are non-state actors that are the remnants of the past.



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  • diptam
    08-05 11:13 AM
    By now , we know very well who you are !! Because you ran away when peoples asked you real questions.

    To answer your question same company can have EB2 as well as EB3 jobs and same person can be eligible for both Eb2 and Eb3 - that's why there is nothing illegitimate in porting/interfiling. Now a good % of folks port/interfile from a different company and according to your post that is not lawsuit material - right ?

    Remember i'm planning to port to EB2 from Eb3 using a different company - according to you that's allowed ! Remember still EB2 quota will get exhausted .....

    As per as your foul language complaint - please tune onto Talk radio and catch up with Rush Limbaugh or Michael Savage - I'm sure your benchmark about 'Foul Language' will quickly change Sir !

    Good bye !



    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.




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  • manub
    07-08 09:39 PM
    Thank You for all the support.
    I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning).
    I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful.
    What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there.
    Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records.
    I will keep you posted.
    thank you again.



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  • Macaca
    08-08 09:19 PM
    A Shameless Congress Applauds `Ethics' Law (http://bloomberg.com/apps/news?pid=20601039&refer=columnist_carlson&sid=aSwNPAuJbnbU) By Margaret Carlson (mcarlson3@bloomberg.net), August 8, 2007

    To much fanfare and self-congratulation, the U.S. Congress passed ethics legislation last week supposedly making the members subject to the same standards of behavior the rest of us live by.

    At almost the same time, a federal court handed down a decision involving a congressman whose office was raided by the FBI last year as part of a bribery case that included the earlier discovery of $90,000 he stashed in his home freezer. The ruling reminds us how much more Washington is like Vegas than Peoria. Under the Constitution, a congressman can protect his legislative files from being searched. In other words, what happens in your Capitol Hill office stays in your Capitol Hill office.

    The ruling came in the matter of Representative William Jefferson, a Louisiana Democrat indicted for bribery in June. Jefferson allegedly got the $90,000 from a telecommunications entrepreneur who enlisted his help in getting approval from a Nigerian official to do business in that country.

    The court didn't buy that the Justice Department did everything it could during the search to shield privileged documents, short of letting Jefferson conduct his own raid. A ``filter team'' removed any material that smacked of Jefferson's legislative duties. The court found the effort insufficient ``to protect the privilege'' of the legislative branch to be free from intrusions by the executive branch.

    Shielding Lawbreakers

    This means that under the principle of shielding lawmakers, lawbreakers may be shielded from legitimate law enforcement. Jefferson's lawyer Robert Trout was thrilled, saying the decision shows that every member of Congress has an ``absolute right to review his records first and shield legislative material from review.'' Federal agents get to see what's left.

    Jefferson must be kicking himself. Why didn't he think to take the loot out of the freezer in his home and disperse it among the files labeled ``congressional bills'' at his office?

    Consider the possibilities. Yes, it would have been hard for former Representative Randy ``Duke'' Cunningham, now in prison, to keep his Louis XIV commode hidden in his office. But he could have easily stuffed any records about goodies provided by his defense contractor pals, such as the lease for his yacht ``Duke-Stir,'' into a file drawer labeled ``Hearings.''

    Like the Jefferson affair, the case of Senator Ted Stevens of Alaska could give a whole new meaning to the phrase Capitol Hideaway. Stevens's house in Alaska was raided last week by the FBI and Internal Revenue Service as part of a broad corruption probe. Stevens has multiple ties to businessman Bill Allen, who, since pleading guilty to bribery in May, is said to be singing like an Arctic loon.

    If Only He'd Known

    With the court's ruling, Stevens could have shipped anything he didn't want to be discovered to the Hart Senate Office Building for safekeeping.

    Stevens and Jefferson are just two of at least a dozen members of Congress under investigation, which puts increasing pressure on the lawmakers to do something about corruption. That something, unfortunately, has loopholes large enough for a Gulfstream V to fly through.

    The ethics legislation allows members to do all kinds of things -- as long as they disclose them. Want to have a fat cat contributor? Just make sure he discloses that he's bundling donations from friends, clients and employees.

    Don't want to give up earmarks? You can still shoehorn an appropriation for millions of dollars onto an unrelated piece of legislation as long as you put your name on it.

    `Bridge to Nowhere'

    The law would have done nothing to stop Stevens from getting his ``Bridge to Nowhere,'' a quarter-mile span connecting an Alaskan town to an island of 50 people, a couple of years ago.

    Gifts and free travel are banned, unless they are part of campaigning. In other words, Congressman A can't have a rare rib-eye, creamed spinach and a bottle of Merlot with Businessman B at the Palm unless it's in conjunction with fundraising. In the case of congressional ethics, two wrongs do make a right.

    The reason disclosure no longer works as a deterrent is that shame no longer works. As the ethics legislation was rolling to passage, Stevens, at a private luncheon with Republican colleagues, threatened to hold the whole thing up if the ban on traveling on corporate aircraft wasn't removed. He will still be able to fly Air Lobbyist. He'll just have to pay for it at commercial charter rates.

    In wanting to keep his perks, Stevens may be the most outspoken member, but he's, by no means, alone. ``Ethics'' is the one area in Congress where there is heartwarming bipartisanship.

    `Culture of Corruption'

    Former Republican Speaker Newt Gingrich and Democrat Thomas Foley filed legal briefs in support of Jefferson. When the court said the search was unlawful, Speaker Nancy Pelosi applauded. Earlier, Pelosi, who once pledged to end the Republican ``culture of corruption,'' took away Jefferson's coveted seat on the House Ways and Means Committee after the FBI raid on his office only to try to award him a coveted seat on the homeland security panel.

    Some legislation is worse than no legislation. Senator John McCain, showing again why he'll never be president, said the ethics bill will delude voters into thinking things have been fixed when they haven't.

    ``This will continue the earmarking and pork barrel projects,'' the Arizona Republican said. ``Again, the American people will have been deceived.''

    Most of the other members are chest-thumping as if they've really done something. The public would be better off if Congress had to live by the laws that apply to everyone else, criminal and civil, and at least a few of the Ten Commandments. I'd start with thou shalt not steal -- and work from there.




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  • Macaca
    05-13 05:47 PM
    Free Ai Weiwei protests are 'condescending'? No, they are about the fear of where China is heading (http://blogs.telegraph.co.uk/news/peterfoster/100087793/free-ai-weiwei-protests-are-condescending-no-they-are-about-the-fear-of-where-china-is-heading/) By Peter Foster | Telegraph Blog

    China is smarting over the negative publicity that has accompanied its arrest of Ai Weiwei. The Deputy Foreign Minister, Mme Fu Ying, who is the former Chinese Ambassador to Britain, said in Hungary yesterday that Europe and America were being �condescending� towards China by their refusal to just shut up about the arrested artist.

    Earlier a hurt-sounding foreign ministry spokesman said China was �unhappy� and �baffled� that some countries were trying to treat a �crime suspect as a hero�.

    Both of these highly disingenuous remarks are designed to touch a key nationalist button in China in which all criticisms of China are framed as part of a plot by the waning Old Imperial powers to constrain the :Dglorious rise of the new China:D. It is a seductive narrative, but also a fallacious one that needs to be squashed.

    In a globalised economy the US and the EU have a �common interest� in China�s peaceful rise, and on the evidence of the last few months (you might say years, going back to the crushing of the pre-Olympic Tibetan crackdowns of 2008) they have legitimate cause to be worried about the direction China is taking.

    Ai is merely a lightning rod for that concern.

    China is absolutely correct that the US and EU have no �right� to interfere in its judicial affairs, and nor do they seek to. But that doesn�t mean that democratic governments and their citizens don�t have a duty (to themselves, as much as anything else) to speak out about Ai Weiwei, and what his detention might portend.

    China talks about Ai being a �crime suspect�, but the fact that hardly anyone outside China (and a fair number inside China) have any confidence in the due process of the Chinese law should in itself give Beijing serious pause for thought.

    Popular concerns about Ai are not, as Mme Fu would have it, some silly political point-scoring game. His detention is an expression of naked State power that Europeans and Americans, who lived through totalitarianism not so long ago, find both worrying and revolting.

    So when someone asks, as the Chinese do, �what�s it to us?�, the immediate answer should be �absolutely everything�.

    China is going to shake the world over the next 50 years � for good or ill � and the shape of the Chinese state is therefore of concern to us all. China can bluster all it likes, it can posture and ignore the criticisms, but modern China does not exist in isolation.

    It has emerged as a rising power precisely because it has engaged with the world, signing up to a host of international agreements on trade and politics that imply certain norms of behaviour. The benefits of rejoining the world community can�t come, as Chinese foreign policy mandarins say, with �no strings attached�.

    This is why the democratic world feels that Ai�s detention is worth shouting about. It signals a deeply worrying trend in China and while Mme Fu tries to spin these protests as mere �condescension� they are nothing of the kind.

    They are about the real fear of where China is heading.


    Ai Weiwei and China�s assault on truth (http://www.washingtontimes.com/news/2011/may/12/ai-weiwei-and-chinas-assault-on-truth/) By Phelim Kine | The Washington Times
    CHINA'S MEDIA:
    A STRUGGLE FOR INDEPENDENCE (http://www.themontrealreview.com/2009/China-Media-a-Struggle-for-Independence.php)
    By James F. Scotton | The Montr�al Review
    A founding document for a new China (http://www.washingtonpost.com/opinions/a-founding-document-for-a-new-china/2011/05/12/AFT5CV1G_story.html) By Michael Gerson | The Washington Post




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  • GCOP
    07-13 01:31 PM
    I agree. We have involved in IV action Item. It is Simply our Hard Luck that, we all (EB3-I)are stuck in this situation. IV has tried for Bill every Single year Since about Last 3 Years, Organized rally. Nothing worked out for us. In the mean time EB-2 moved to 2006 and EB-3 is Still in 2001. I believe it is just our hard luck, that despite of all IV efforts & Our support to IV , No Result for Eb-3 Forward movement. NOW THE QUESTION IS WHICH ACTIONS CAN BRING THE RESULTS FOR EB-3 (I)
    Guys I am getting the impression that EB-3- I did not act on IV action items..that's not true we have been actively involved in IV action items and have been contributing...




    simple1
    06-05 01:00 PM
    The arguments like the following works for gc/usc only, who can stay put even after loosing job. The H1b has to leave the country.
    - best time to buy
    - inflation level of the real high prices
    - lock low interest rates now.
    - clean/strong foreclosure houses available now.
    - federal incentive to buy house.
    - downpayment assistance.
    - etc.




    desi485
    08-06 01:36 AM
    We should stop these EB3'ers from wasting USCIS resources. Probably make them wear yellow stars with "EB3" printed on it at all times. They should not be hired by any company unless they have hired EB2's with excellent credentials like rolling flood. No EB3 should buy a car, house or lead a normal life at the cost of hurting EB2's like yourself.

    What kind of a sick immigration nazi are you ? Typical shallow minded mentality - "please please...(beg, beg) let me in but - stop everyone else from getting in (as soon as I am in)" ;-)

    Instead of wasting your time filing a lawsuit why don't you apply your "excellent knowledge in your field" to get a Ph.D from your reputed alma mater do extraordinary research in your "great" field and then cut in line by applying for EB1 which I think will always be current. Then you can port your EB2 PD and enjoy the fruits of PD porting ;-)


    cinqsit

    well said brother. I am EB2, but I am ready to wear red black stars to protest the ppl like Rolling Blood (flood).



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