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  • Arjun
    07-14 08:16 PM
    I think all this mess is caused by H1B limit being 195k between year 2000 and 2004, before and after that 65k. Now when issuing H1B, they issue most of them to Indians (>50%) no country limit applies there. When it comes to GC and they put a 7% country limit and that�s where the backlog starts.

    If they (USCIS) don't want to do anything about this then they should consider putting a limit on H1B and let business look for talent in countries other than India.




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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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  • manub
    07-07 10:07 PM
    There is no interview?:confused:
    We have a lawyer through my company.Since my husband`s AOS is denied we are having doubts.we are thinking of attorney murthy.we already lost what we have.this is our last chance.




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  • GCKaMaara
    01-10 04:55 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.

    About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.



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  • Refugee_New
    01-06 05:39 PM
    Modi is the need of the hour andnot Gandhi....Grow up man.

    Exactly. Hamas was the need of the hour for Palestinians and that why they choose their government. We may call them terrorists, but they are their legitimate government. People always chose leaders who fight for their right. Now you brand them terrorist and that will give you free hand to kill them and their people. Thats what happening. Isreal doesn't want anyone to stand up to their aggression. At the end, its poor people and children who get killed.




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  • HawaldarNaik
    01-03 01:47 AM
    I just saw a outstanding movie called 'Wednesday', and i got thinking. In a way i would say we have to thank our neighbouring country because they have done what we the people of India could not for the past 60 years

    They with their heinous attacks like 26/11, have started the process of cleansing with regards to Indian red tape, administration and politics. A case in point is the murder of the pwd engineer in UP, which initially was played down by the CM of that state, but after she realized that post 26/11, the entire nation is demanding accountability of every single beaurcrat, she backed off and started the judicial process moving

    Off course she may still try to circumvent the law with all her efforts, but i doubt if she will cause other politicians and administrators like her have now understood that the common man who till now had a chalta hai attitude has now decided to stand up and ensure that the process of cleansing which leads to accountability has started.

    Now it is up to us to make sure that we continue this process improvement, so that no country will dare to do such acts in future

    As i said in my first post...we have to first clean up our act....

    As the great poet Kabir said....'I went out to search for the bad every where outside of me...but after deep introspection...i realized that first I had to improve....and remove the bad from within'

    Lets keep focussed and clean ourselves and our people...automatically we will see improvement.....



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  • Macaca
    12-23 10:55 AM
    Pelosi's first year

    San Francisco Democratic Rep. Nancy Pelosi made history as the nation's first female House speaker in January, but she's had a bumpy first year marked by successes and failures.

    Biggest successes

    Passed an energy bill raising fuel economy standards for the first time in 30 years, the equivalent today of taking 28 million cars off the road by 2020.

    Approved a major cut in interest rates on student loans to make college more affordable.

    Passed the strongest ethics reforms since Watergate, banning gifts from lobbyists and making earmarks more transparent.

    Secured the largest increase in veterans' benefits in history.

    Increased the minimum wage for the first time in a decade, from $5.15 an hour to $7.25 over three years.

    Biggest failures

    Despite repeated votes, failed to enact any major changes in Iraq war policy.

    Tried to expand the state children's health insurance program to cover 4 million more children, but was blocked by President Bush and House Republicans.

    Sparked a diplomatic fight with Turkey by pushing a resolution condemning the country's mass killing of Armenians during World War I.

    Abandoned the party's "pay-as-you-go" budget rules to avoid letting the alternative minimum tax hit 20 million Americans.

    Accepted Bush's spending limits in the end-of-the-year budget fight to avoid shutting down the federal government.




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  • sanju
    04-07 01:54 PM
    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html

    Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.



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  • DSJ
    05-17 02:54 PM
    That is my point, being an employee you are not fully working for your company growth. Then don't talk about a consultant is illegal when he don't get paid.

    If it is really illegal why are they renew H1 when they can know that somebody is not paid for couple of months. All they want is money, you keep paying, you are safe and legal here.

    Your point being? If you think what I am saying is wrong, argue your case please... Case and point: The abusers prevent some honest people from getting a chance. We should all be infuriated by that.




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  • ganguteli
    03-24 09:16 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    I have to agree with you. I am seeing some folks living in Utopia and think that they can ram their way through USCIS, Senators and congress and can easily get a bill. They think removing country caps is so easy. All you have to do is meet some lawmakers and ask them to bring a bill. Likewise some think that by sending spam emails anonymously they can get all immigration fixes done. Our population thinks it is very easy and there is no point spending any dollar to it. By sending annonymous spam emails everything will change. I have seen that we all conveniently blame IV if nothing good is happening. But we are keeping our eyes closed to the outside world.

    The reality you have told is different and people who have EAD think they do not need to care about it. All they care about is their own greencard. People on H1B think they already have a good job and a 3 year extension stamped on PP so they do not need to worry about new laws. Students think only about getting H1B through a consulting company so that they have an H1B and will worry about problems later. People on greencard do not care about people on EAD and H1 as they are out of it. ROW folks do not care for Indians as they think it is only Indians that are in trouble. Chinese do not care because they think they need to be anti-Indians because Indians are taking all the rollover greencards. So I guess we are all divided and fail to see.

    I am seeing so many denials and RFEs on H1B too and we people are all quiet. People who have EAD do not want to help people like me who have not filed I485 and make opportunities equal for everyone to stay secure.

    I think USCIS needs to start investigating all old cases that used substitute labor and cut the line. Once they start doing that a lot of people on this forum will panic. Likewise they must investigate all cases where people have filed greencards for company B and are currently working for company A and even after getting greencards never worked for company B. Revoke all their greencards and you will see lot of greencard holders coming to IV and willing to contribute and begging for help.

    So I guess unless people's houses are on fire, they will not do anything about the state of immigration problems of others.



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  • santb1975
    10-01 01:41 AM
    I wonder how many $$$ GWB Sr. had to donate to Yale for GWB to get in ...I better stop my rant..:rolleyes:

    Just to clarify GWB is a Yale graduate.
    With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.

    In the near term only democrats will be in a position to provide us with some relief because they control the congress.




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  • gapala
    12-20 08:54 AM
    Science keeps evolving as we learn new things. Something that evolves, learn and change is alive. Religion never changes and its "guardians" do not want it to change. Something that never evolve, change even after learning new things is dead. That's the fundamental difference between religion and science even when the two compete with each other in the same sphere to answer different questions of mankind. You seems to suggest that it is bad and wrong for science to continue to get better and evolve?

    Do you want to continue to follow a dead path or you think there is a possibility that there is more to this world than what is offered in the organized religion. I am not an atheist because I do believe in the Creator, our source. But I do not believe that any organized religion is the ONLY way to get there, as ALL religions preach. Rather, organized religions keep us away from getting there. All through out history, more people have been killed in the name of religion than any other aspect in nature. How is it possible that the path to our creator be so violent and deadly? The form of all recognized & organized religions practiced by over 99% of mankind is not the direction in which the "GODs" of these religions would want its followers to go. These religions were created by con artists and thugs long after the saints were gone.

    I find it funny that you blame science for evolving and making new discoveries i.e. blaming every next generation to learn more than it predecessors. Why? Because the smallest known particle to man is no longer an atom???? And why do people need to lean their faith on a religion. If that faith is true in its entirety, what is the role of a religion? The fact that faith needs a religion on lean on, means that faith is not strong enough, and hence the case for elimination of religion from our way of life.

    But you said one thing right. Religion is the way we live. So religion is not the spiritual structure we want to live by but the corrupt immoral wrong way we continue to live, because our parents and our parent's parents lived like that, so it has got to be the right way, right?

    Faith could mean different things to different people because relationship with god is personal. But religion is laid out in the form in the "books". There is no difference in the way it says that "Jesus is the only son of God" or "Kafirs must be converted or killed" or "people of lower caste are there to serve Brahmans". There is no ambiguity to this. Now, if the faith is weak and it needs support to lean on a religion, then for some, faith and religion become synonyms. But faith and religion are in two different spheres and they are world apart, no matter how hard the religious right wants to try to obfuscate the meaning of "faith" and "religion".
    .

    It seems there is misunderstanding. Being in the field of science, I believe science and religion are complimentary to each other rather than competitive as you suggested. I guess you are comparing with what folks "Preach" as religion from books, that is taken out of context. I am not blaming science rather providing a perspective as it is still evolving and we know very little at this moment though it seems a lot :) be it in space research or in human anatomy. Process of birth or process of death :)

    Are you suggesting that all organized religions are bad? I guess not. Science spectrum, not at the academic level, but at the professional arena believe that knowledge already exist, call it religious or spritual or something else and that is why we "research" which leads to development. Its very suggestive and not original. Re-search for something that exist but not available point in time. it is not brand new. Just to quote, There is a research project on process of birth, the description of process of birth already exist in the scriptures. I am not naming any here. you can google it if you are interested. Its clearly describe embryogenesis, week by week growth etc. We do not believe anything which is not proven by science right? We could see things through only after the invention of radium further development into X-RAY and Ultrasound technologies and commercial use in 1900's. Descriptions of the past and what we see matches except the language :). Lot of the things of past are yet to be proven by science. You know what is interesting? Descriptions are in the phylosophical book not even a medical book.

    To your point, Not only science, everything changes and evolve at the core including you and me. In life science, researchers look at you and me as composition of chemicals which reacts constantly and changes happens every moment. There are few things that does not change.. that is why they are called truth. They stood the test of time such as Earth is not flat :).

    We both agree on point that organized religion is not the only way but that does not mean that, its a bad thing, exception of extremism.

    Now, not even a single cell in yours and my body remains same after 7 years.. what that means is you are a completely new model after 7 years. Science provided more insight and new pespective into the religion and I do not think the values instilled in us by parents and their parents such as Health, Hygiene, Home, Human Values, Harmony in Diversity etc. are dead. You also have to take into consideration, the circumstances of the past and level of technological development.

    We have gotten a new perspective due to research and development in science. Now do not mis quote me comparing with "book religion" that people preach. I am not at all talking about that at all though that is not a bad thing as well other than people who would pervert it in wrong way to create chaos in the world.



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  • mariner5555
    03-23 11:04 PM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
    BTW - don't make a decision in a hurry - that would be pretty bad since it is almost irreversible for few years atleast. 4 of my friends brought a house and they are o.k. as of now except for the commute - though they admit that they are more tensed up now. one of my friend who brought a house 1 year back is cursing his decision to buy - I don't know if he is being honest or whether he chose a wrong house - these are the issues that he told me. his savings has gone down a lot as he has to pay much more for his house - atleast 3 times the rent amount (property taxes are high in his area). his commute is v.long now and he cannot come home for lunch - and because of long commute - he practically does not see his family on weekdays. his daughter has done free style painting on his walls and they had a crack on the walls (apparently he tried to reduce utility bills during extreme weather). his wife is now complaining that walking up and down the stairs is draining her strength. yardwork is literally breaking his back. his friend circle has gone down as he hardly gets time. more importantly he said his priorities were different and he wanted to make / save as much as possible etc - but buying a house has affected it. BTW he has a GC. ofcourse the above is one of the worst case. being on EAD is better than being on H1 - but still you are at the mercy of a govt agency (govt agencies are same all over the world - only here maybe they wear ties and don't watch TV at work - but then who knows :-)).




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  • file485
    07-08 10:01 PM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..

    this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!



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  • jkays94
    05-31 08:36 PM
    Some CNN folks move to Fox but I doubt whether Lou stands a chance.


    Dobb's was once CNN's executive VP, he quit CNN and returned later....

    Dobbs left CNN in 2000, reportedly due to heated clashes with its president, Rick Kaplan, one of which actually occurred on-air when Kaplan suggested to cut from Moneyline to a live address by Bill Clinton at Columbine, which Dobbs believed was a staged event and not newsworthy. [2] Dobbs returned the following year at the behest of his friend and CNN founder Ted Turner, becoming host and managing editor of the new and initially more general news program Lou Dobbs Moneyline which later became Lou Dobbs Tonight. Dobbs also hosts a nationally syndicated radio show, The Lou Dobbs Financial Report, and is a regular columnist in Money magazine, U.S. News & World Report, and the New York Daily News. [more] (http://en.wikipedia.org/wiki/Lou_Dobbs)




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  • ghost
    07-17 10:24 AM
    Also I forgot to say Randall, I think you really want to see no greencards to anyone. Are you a spy?

    What's wrong with you man, do your homework before spitting out such venemous statements.



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  • waitnwatch
    08-05 05:22 PM
    Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)

    A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.

    On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.

    Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.

    I hope this sounds logical to atleast some of you folks.




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  • Macaca
    05-27 05:26 PM
    Immigration: You can't rely on E-Verify (http://www.latimes.com/news/opinion/opinionla/la-ed-arizona-20110527,0,7225123.story) Los Angeles Times Editorial

    On Thursday, the U.S. Supreme Court upheld an Arizona law that permits local officials to revoke the licenses of businesses that knowingly hire illegal workers. The decision makes sense in principle but not in practice.

    Under the 2007 Legal Arizona Workers Act, business owners are required to use the federal E-Verify program to confirm if a person is authorized to work in this country. Employers must electronically check workers' names against databases kept by the Social Security Administration and the Department of Homeland Security. Workers found to be ineligible have up to eight working days to straighten out the problem before employers would be required to fire them. If a company is found to have knowingly hired an undocumented worker once, it can have its licenses suspended; twice, the company may be shut down.

    The problem with the Arizona statute is not that it penalizes employers who break the law. Businesses that hire undocumented immigrants should face fines or sanctions, as called for under current federal law (although many would disagree with the court's conclusion that states may impose such penalties). The problem is that the law relies on E-Verify, which isn't ready for prime time.

    Until now, E-Verify has generally been used on a voluntary basis by employers because of concerns about its accuracy. Conservative estimates put the program's error rate at just under 1% � meaning that one out of every 100 legal job applicants could be found ineligible to work. Nearly half of those will not be able to fix the problem even though they are citizens or legal workers, according to the National Immigration Law Center. The reality is that the error rate may be much higher. Consider that in 2008, Intel Corp. reported that just over 12% of its workers were wrongly tagged as ineligible, according to the Migration Policy Center in Washington. Or that a survey by Los Angeles County of employees found an error rate of 2.7 in 2008 and 2.0 in 2009, according to a report submitted to the Board of Supervisors. The error rate is especially high in cities with large immigrant communities.

    Furthermore, E-Verify doesn't detect identity theft or prevent unscrupulous employers from moving their workforce off the books. Nor does the law guarantee employers that they will be immune from losing their licenses if E-Verify mistakenly allows them to hire an undocumented worker. That lack of protection may, as Justice Stephen G. Breyer noted in his dissent, persuade some business owners to avoid hiring those who look or sound foreign-born.

    At the very least, the court's ruling should prompt the Obama administration to act quickly to fix E-Verify and improve its accuracy. And the White House should seek a qualified candidate to serve as the Justice Department's special counsel in charge of enforcing the anti-discrimination provisions of the immigration law.

    But the court's ruling doesn't fix the bigger problem: the need for comprehensive immigration reform. Arizona and other states that have passed similar measures are stumbling to create their own immigration laws because the current system isn't working. Thursday's decision should put Washington on notice that in the absence of a federal solution, states will step in to fill the void.


    D.C. region�s Asian population is up 60 percent since 2000, census data show (http://www.washingtonpost.com/local/dc-regions-asian-population-is-up-60-percent-since-2000-census-data-show/2011/05/25/AGvgndBH_story.html) By Carol Morello and Dan Keating | The Washington Post
    A Bond for the Homeland (http://www.foreignpolicy.com/articles/2011/05/24/a_bond_for_the_homeland) By NGOZI OKONJO-IWEALA, DILIP RATHA | Foreign Policy
    More People, Please
    Don't worry about the booming global population -- celebrate it. (http://www.foreignpolicy.com/articles/2011/05/23/more_people_please)
    By | Foreign Policy
    How Latinos Got Stung (http://www.realclearpolitics.com/articles/2011/05/22/how_latinos_got_stung_109943.html) By Ruben Navarrette | Denver Post
    What immigrants contribute (http://www.washingtonpost.com/opinions/what-immigrants-contribute/2011/05/19/AFjy9L9G_story.html) By Alejandro Becerra | The Washington Post
    Secure Communities program: A flawed deportation tool (http://www.latimes.com/news/opinion/opinionla/la-ed-secure-20110523,0,4886580.story) Los Angeles Times Editorial




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  • NKR
    08-06 03:29 PM
    yes, ofcourse it makes a difference for lot of people, i was just stating my case.

    Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
    If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.

    My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
    But as i said, i personally do not see any value in getting the GC a few years earlier or later.

    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?




    vinabath
    03-26 09:59 AM
    If I make money from a due to a piece of information or knowledge directly obtained from biggerpockets, I'll buy you a beer! :D

    Atleast I could sqeeze a beer from you ;)




    pani_6
    07-13 01:17 PM
    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...



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