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  • whoever
    04-07 06:51 PM
    yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.





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  • milind70
    07-10 12:51 AM
    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.





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  • pasupuleti
    06-21 06:50 PM
    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/06/21/EDGDOILMUV1.DTL





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  • chanduv23
    05-17 06:31 AM
    For folks who think banning any sort of consulting on hn1b will solve the purpose and has a good cause, this is what is going to happen.

    You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
    Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
    If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
    Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.

    Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.



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  • h1techSlave
    12-26 01:38 PM
    A full fledged war between India and Pakistan is very very unlikely.





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  • tinamatthew
    07-20 07:15 PM
    245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.

    as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.

    It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.

    UN
    You need to open an immigration advice center. Believe it or not you already have hundreds of clients that would readily leave their so called "lawyers" and move to you!! Think about it and remember to hire me when you are RICH :-)



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  • rinku1112
    12-30 09:25 PM
    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....

    It would be a viscious circle if prime tragets inside Pakistan were being attacked 'visciously' by militant groups enjoying 'moral & political' support from India. Is there a militant group worth its 'Jahadi' salt inside Pakistan that enjoys this 'moral & political' support from India now? Either the Indian side is doing a very poor job of covert ops or not doing anything at all. There is almost no cost to Pakistan from India from Proxy war. I am suggesting increasing the cost for Pakistan and/or anti-Indian groups/institutions inside Pakistan for such attacks in India.

    This proxy war (or viscious circle) is almost exclusively being fought on the Indian soil now. All I am saying is move the center of this viscious circle to Paki soil rather than fight it out on Indian soil.

    But I agree that this thread is irrelevant to this forum and I apologize in advance for perpetuating this thread. My last post here.





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  • Macaca
    11-29 08:39 PM
    Trade groups question new lobbying law (http://thehill.com/leading-the-news/trade-groups-question-new-lobbying-law-2007-11-28.html) By Jim Snyder | The Hill, November 28, 2007

    Trade groups like the U.S. Chamber of Commerce say a new lobbying law could require the release of their member lists, violating freedom of association protections granted by the Constitution.

    The Chamber, the National Association of Manufacturers (NAM) and the American Society of Association Executives wrote Senate Secretary Nancy Erickson and House Clerk Lorraine Miller on Wednesday asking for clarification in how the new law will be applied.

    The potential problem relates to a section in the Honest Leadership and Open Government Act of 2007 that would impose new lobbying disclosure rules.

    The trade groups said Congress wrote the section of the law to shine light on so-called �stealth coalitions� that often use innocuous-sounding names to anonymously represent specific industries.

    But the imprecision of lobbying definitions in the law could mean disclosure requirements would fall on a variety of trade groups, the groups said in the letter.

    Groups that fail to accurately disclose their lobbying activities now will face criminal penalties, the letter also notes.

    �The price for being wrong is extremely high,� said Steven Law, senior vice president and chief legal officer for the Chamber.

    The letter was signed by Law; Jim Clarke, senior vice president of public policy for the American Society of Association Executives; and Jan Amundson, senior vice president and general counsel at NAM.

    The lobbying law, passed in response to scandals surrounding Jack Abramoff and ex-Rep. Randy �Duke� Cunningham (R-Calif.), would require disclosure of any organization or entity that �actively participates in the planning, supervision, or control� in lobbying activities and contributes more than $5,000 per quarter for those efforts.

    The �breadth and vagueness of the provision� require further clarification in how the new law will be applied, the letter stated.

    The groups noted Supreme Court rulings that they say prohibit the government from forcing groups to disclose their membership without a compelling government interest in doing so.

    �We take seriously the constitutional rights of our members to associate freely without government looking over our shoulders,� Law said.

    Brett Kappel, a campaign finance and government ethics lawyer, said Congress wrote the provision to target ad-hoc associations that are formed to lobby on a particular issue.

    �These typically spring up when there is legislation that would have a major economic impact on a small number of companies from a specific segment of the economy. That�s when they form the Coalition for Apple Pie and Motherhood and lobby against it,� said Kappel, who practices at the firm Vorys, Sater, Seymour and Pease.

    The new law �wasn�t designed to get at trade associations,� he said.

    Law said the lobbying law gives the clerk and the secretary broad powers in implementing the new requirements. He said he expected further guidance from those offices by Dec. 10.



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  • ItIsNotFunny
    01-07 12:41 PM
    Guys,

    I urge everyone to stop replying to this thread. I see a pattern going on, you discuss anything and discussion is diverted to muslim militancy.

    Please stop these type of discussions. It will only divide us.





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  • bhatt
    06-05 09:32 PM
    http://seattlebubble.com/blog/wp-content/uploads/2009/04/home-price-to-rent_2009-01.png

    Althought this is just for seattle area, this trend is more or less the same nationwide.

    According to this graph we need to wait out atleast one more year for the Rent - to- Price ratio to come down to the historical averages. But you get the Federal first -time home owner credit of $8000 (more in CA) only if you buy before the end of this year. So in my opinion, a good time to buy a house is in the month of december this year, if not the best time to buy. Now this is with an assumsion that mortgage rates don't rise substantially.

    All the time is good time to buy home( there is no particular good time). It depends on which house you are buying at what price.
    once the interest rates shoots up( which is happening now - 2 week back it was 4.5 , now it is 5.65 ) its price will come down.
    If you don't have gc and a have a steady job get a condo or townhome instead of big house. Also you can get a FHA loan with 3% down payment ! . the interest rate will be .5% above the normal rate and no need of PMI.



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  • reddymjm
    08-05 10:42 AM
    I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
    I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.

    May be 1% of EB2. Good to know that.





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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.



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  • nojoke
    06-26 04:35 PM
    I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.

    If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?

    As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.

    Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.

    Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.

    All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.





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  • myuname
    04-07 07:55 PM
    When there is no solution is to be found for the illegal immigration issue...then the obvious thing to mess with is the legal immigration! Isn't It? ;)

    Good Job! Kudos to whoever is doing it! :p

    Corporate world drives the laws and lobbying. This bill will be in the bin even before you know it. As for the STIVE etc. none will make it as long as they are comprehensive in nature. That said, the relief to the EB segment is coming soon, so sit tight.



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  • nixstor
    11-12 08:31 PM
    Regardless of the power shift in Congress, the cheap foreign labor lobby is coming on strong, pushing for legislation that would dramatically increase the number of foreign workers allowed into this country under existing guest worker programs.

    Bill Tucker reports.

    (BEGIN VIDEOTAPE)

    BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive.

    His solution? Bringing in more foreign workers.

    Critics say he's got it wrong.

    STEVE CAMAROTA, CENTER FOR IMMIGRATION STUDIES: If we have a shortage, then the solution is to let the labor market be tight and more Americans will be attracted to those jobs as wages rise. If American business really feels that we're not teaching enough math and science in school, they need to pressure the political institutions to do a better job of teaching our kids.

    TUCKER: Congress has a different solution. It's known as the Skill Act of 2006. It would nearly double the current cap on H1B visas and allow for a 20 percent increase every year after the previous year's quota was met, virtually guaranteeing an endless supply of lower-paid workers from overseas.

    A study by Georgetown University found that the total potential number of new tech visas created by the Senate bill would by 1.88 million over the next decade. But the Bureau of Labor Statistics only projects a need for 1.25 million workers in computing and engineering fields. That's more visas than jobs.

    Worker advocates say Congress is ready to sole a problem that doesn't exist.

    KIM BERRY, PROGRAMMERS GUILD: We don't see any evidence of a shortage. A shortage under the laws of supply and demand would be an increase in wages, it would be body shops or headhunters stealing employees from other companies.

    TUCKER: And that's not happening.

    (END VIDEOTAPE)

    TUCKER: No. In fact, wages are stagnant and declining. A study published by "BusinessWeek," in fact, found that the starting wages for computer scientists and engineers fell 12 percent or worse, Lou, from 2001 to 2005. It doesn't sound like a tight labor market to me.

    DOBBS: No, it's just going in the opposite direction.

    You know, at some point these people have got to be a little embarrassed by their shoddy economics and their lack of, let's say, integrity and intellectual honesty in what they are doing here. And perhaps at some point find a conscious in corporate America about what they are doing to working men and women in this country. You would think it would happen -- we hope sooner rather than later.

    Thank you, Bill Tucker.


    Wass up between these dudes? Lou and Kim? Are they buddies or more? :) .. damn.. He gets him on to his show so often as if Kim B is a prominent person. Why the hell doesnt he let America hear the other side of the story?? I mean not in this article.. in general.





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  • Macaca
    12-29 07:36 PM
    Free Trade, Drugs and India
    Attacking the means of funding pharmaceutical breakthroughs is a strange way to pursue global health. (http://online.wsj.com/article/SB10001424052748703581204576033291893219786.html)
    Wall Street Journal Editorial

    This month protesters clad in white coats and "HIV Positive" breadboards gathered outside the EU-India summit in Brussels under a banner that read "Europe! Hands Off Our Medicine." Doctors Without Borders, which leads the "Hands Off" campaign, held similar demonstrations in Delhi, Nairobi, Bangkok and Jakarta.

    Their aim is to derail a free-trade deal that India and Europe have been negotiating for four years. Brussels says it hopes to have an agreement by early next year, and it predicts the pact would boost European investment in India by 27%. The talks have been held up by many of the familiar bugaboos: European agricultural tariffs, Indian levies on alcohol, and a provision that would make it easier for Indians to get temporary work visas in the EU.

    But the issue that most excites activists and dominates Indian headlines is that of intellectual property rights�specifically those of pharmaceutical companies. Today India is the world's leading producer of cheap generic drugs, supplying 80% of the medicines that groups like Doctors Without Borders administer in poor countries. The U.N. estimates that 93% of the anti-retrovirals going to Third World HIV patients were made in India.

    These drugs may be cheap to copy, but they cost billions to develop, and Indian law currently gives regulators broad scope to block drug-patent applications and allow knock-off production. Delhi has denied Indian patents for Novartis's cancer drug Glivec and Gilead's HIV treatment Tenofovir, among others.

    Europe is now gunning for a trade agreement that would ensure a period of exclusive access to pharmaceutical companies' research data. World Trade Organization rules allow India to grant its own drug makers licenses to replicate certain products even without the inventor's consent. But unless copycats can use pharmaceutical companies' original data to show that the drug is safe and effective, they'd have to conduct their own trials.

    So the question is how long data exclusivity would be protected in India under a free-trade deal. EU law protects most pharmaceutical patents for 20 years and secures companies' data exclusivity for 11 years. The EU doesn't expect India to impose European-style intellectual property rights overnight, but it has asked India to meet it part of the way.

    This has led to protests among Western activists that Europe wants to shut down India's generic-drug industry and drive up the price of HIV drugs in Africa. The U.N.'s special rapporteur on the Right to Health, Anand Grover, decided to chime in earlier this month, slamming the free-trade deal and warning that Europe's "demands are only meant to further line the pockets of multinational companies."

    Attacking drug makers' means of funding future breakthroughs seems a strange way to pursue global health. And while Indian officials might think they're doing the home team a favor by keeping it easy to rip off expensive medicines, they're doing nothing to incentivize domestic creators. The next blockbuster drug could well come from an Indian lab. Delhi could make that prospect all the more likely by defending the fruits of everyone's labors on the subcontinent.



    In 2010, Bollywood gets a lesson in math (http://in.reuters.com/article/idINIndia-53822120101228) By Shilpa Jamkhandikar | Reuters
    India Citibank employee 'steals millions of dollars' (http://www.bbc.co.uk/news/world-south-asia-12088085) BBC
    Looking back, looking ahead (http://timesofindia.indiatimes.com/home/opinion/edit-page/Looking-back-looking-ahead/articleshow/7186182.cms) By
    Sudipto Mundle | Times of India



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  • rbalaji5
    07-13 10:38 PM
    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.



    Great one -

    Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.





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  • masaternyc
    05-13 05:15 PM
    Its fair Too





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  • lfwf
    08-05 03:53 PM
    If that's the law then there is not much of a debate here!

    I think admin should close the thread as the point of a lawsuit is moot.

    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.





    Macaca
    12-27 06:43 PM
    Climate change leaves Assam tea growers in hot water
    Rising temperatures reducing yields and altering distinctive flavour of India's most popular drink (http://www.guardian.co.uk/environment/2010/dec/26/climate-change-assam-tea)
    By Amarjyoti Borah | The Guardian

    Climate change is affecting the cultivation of Assam tea, with rising temperatures reducing yields and altering the distinctive flavour of India's most popular drink, researchers say.

    High hills and abundant rainfall make the north-eastern state of Assam an ideal place to grow tea, with 850 gardens over 320,000 hectares (593,000 acres) producing the majority of the country's harvest. But in the last 60 years, rainfall has fallen by more than a fifth and minimum temperature has risen by a degree to 19.5C.

    "This is clearly climate change, and it is bound to have major impact on the tea industry," said Debakanta Handique, a climate scientist in Assam.

    The Tea Board of India said it had recorded a steady decline in tea production in recent years. In 2007, Assam produced 512,000 tonnes of tea. By 2008 this had declined to 487,000 tonnes, with estimated production in 2009 down again to 445,000. A further decrease is expected this year.

    Mridul Hazarika, director of Tocklai Tea Research, the oldest tea research station in the world, said rainfall and minimum temperature were two of the most important factors affecting both quality and quantity of harvests.

    "The decline has been taking place although there has been an increase in the area of tea cultivation as new gardens have come up, and many gardens have added new areas for tea plantation. This is an indication of the seriousness of the threat," said Hazarika. Efficient rainwater harvesting and new breeds of tea plants were needed to reverse the trend.

    "Changes have already been observed in the flavour, but it is not possible to blame only climate change for this," he said. "Other factors like the fertilisers used and cultivation methods might also be partly responsible."

    The changing taste of Assam tea is a serious concern for growers. Sudipta Nayan Goswami, an Assam-based planter, said subtle changes had already been observed: "The flavour has changed from what it was before. The creamy and strong flavour is no more."

    "There is a huge demand for Assam tea abroad, and this is due to its strong, bright flavour. The changes will sharply hamper the demand for this variety of tea abroad."





    gcgreen
    08-06 02:16 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 don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    Note that I have no personal gain from any of the above happening. :)



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