Wednesday, June 29, 2011

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  • yibornindia
    08-05 12:11 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

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

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

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

    Thanks.


    Hey Bro! Think of you this way.

    You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.

    You are stopping others from entering in your line, to get GC faster. :p

    Ultimately you both are the same.




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  • fromnaija
    08-02 11:40 AM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.




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  • mariner5555
    04-25 02:45 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is losing talent by not giving us GCs in a timely manner.
    let me give my views as to why Mark and others are missing the main point that I am trying to make. agreed using this as the main point may not work ..but this has to be a very important point. at the back of their mind - the policy makers know that some talent will definitely leave but lot will stay back (and they will keep paying USCIS money). even if people go back to India or China ..who will employ them ..it is the same MNC / big US corporations ..
    (so they know some talent will leak away ..but majority will stay back ..you just need to know the quota system / political system in India and china ..and automatically you will know that the talented guys will do everything to prevent their children from going through that ..)
    the second point is for the admin fix (which I guess can be done by president without congress approval) ..in every poll ..the President has a low ranking ..the last thing that he needs is to be blamed for this recession too ..
    so during their meetings if DHS or others were to suggest that more immigrants would buy more stuff here (rather than buying houses in India / china) ..if they were more sure of their status ..the admin fix would have greater chance of success ..




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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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  • Mani
    07-14 01:06 AM
    Eliminating concurrent filing of I-140 & I-485 could provide some short term relief for backlogged categories. But again, this would impact new filers in getting their EAD. Any short term solution isn't going to help all EB3 and EB2 folks. The bottom line is that we have limited number of visas and the demand is always greater than the supply. This issue isn't going go away. We will continue to be in this dog eat dog situation until supply is increased (Backlogged Countries Vs ROW, Legal vs Illegal Immigration & now EB2 vs EB3). Please continue to push for Lofgren bills which could get us out of this mess.




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  • anandrajesh
    03-23 11:11 PM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)

    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.



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  • nixstor
    08-11 12:18 PM
    Does any one have idea on this shows viewership? O M G, I am not sure how many facts are being adulterated and presented to the public.

    Lou Dobbs Tonight aired on Aug 10th

    Calling the whole H1B system as fraud is ridiculous and associating H1B as a threat to national security sounds lunatic. Enough of mudslinging.

    Programmers Guild does know how many H1B's have been filed for every year. Follow the below link on the guild website released to prweb

    June 2006: Guild Files 300 complaints against H-1B employers

    which will take you to
    http://www.prweb.com/releases/2006/6/prweb400619.htm

    bottom of the page it shows

    Database of LCAs for H-1B on Department of Labor website:

    http://www.flcdatacenter.com/CaseH1B.aspx

    I hope people start using google effectively.

    How come CNN doesnt review the genuinity of the person making statements?

    How come Programmers Guild get on CNN so often and not the people who they are opposing? How about calling one of those H1B organisations or Pro immigration organisations on to the talk show and have a one on one with Lou?




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  • santb1975
    09-29 11:17 AM
    I am really frustrated being in this limbo after spending more than 10 years of my life here. This great land has given a lot to me and I really want to be part of this great nation and contribute to this land all my life. However, with my status still being temporary after 10 years it does not seem logical to make long term plans or make any investments in here.


    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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  • mariner5555
    03-28 04:45 PM
    correct.
    Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
    --------
    here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
    --
    this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.

    Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.

    Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.




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

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


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

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

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

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



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  • H1B-GC
    09-26 08:50 AM
    Also,as America becomes more socialistic the power of lobbying from companies becomes even more less appealing to the Politicians. Our interests had to be protected by ourselves.

    http://www.time.com/time/nation/article/0,8599,1843168,00.html




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  • gapala
    06-08 09:42 AM
    It is very nice discussion.

    I am in process of buying forclosure home in SUWANEE ( Atlanata) area. I based on my survey and research feel that I am getting good deal(175 K price for 2800 sqft, 2004).by th


    Are you new to Atlanta area?



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  • delax
    07-14 10:43 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Paskal,
    Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.

    However here is some food for thought for the mods and the community at large:

    1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
    2. If not, then the implication in the letter is that IV is doing so based on the logo used.
    3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
    4. There is a request to allocate numbers to EB3 based on length of wait.
    5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
    6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
    7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
    8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
    9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
    10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.

    If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.

    I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers




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  • h1techSlave
    04-15 10:11 AM
    Economists generally say 6 months of expenses.

    If you work in a hot technology with generally good job prospects I would say 3-4 months is good enough. Lot of people under estimate how much money they need on a monthly basis. My suggestion would be to calculate (last 12 months of your total after tax income - your actual savings amount) / 3. This is the amount you actually spend in an average 4 months period last year. Do not go by adding up various expenses. That might lead to missing various payments and would result in a lower monthly expense figure.

    But it would be a good idea to start life insurance for the principal money earner of the family and a will by both parents.

    We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.



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  • GotGC??
    08-07 03:20 PM
    UN,

    Glad to see you back in the forums!

    Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?

    If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?

    Once 485 is filed you can leave and re-enter the country if you have H or L visa.

    You don't need to wait for the actual receipt.

    Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.

    Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.

    I understand that people have to go out on business but they are unnecessary complications that people are doing.




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  • Rolling_Flood
    07-14 02:05 AM
    This person is such a slick sucker. Everyone, please read his previous posts. He was whining about how to apply in EB-2 and the timelines for I-140 approval etc. Then, he wanted to know whether he could go to school on an EAD.

    In short, he is doing this EB-3 bullshit just to get maximum mileage out of this in his favor. Given a chance, he would jump ship to EB-2 and not give a damn about EB-3 India.

    Expanding on these points, if you, the reader, are an EB-3 or ported to EB-2 and work in the oh-so-familiar IT bodyshops, go suck on those sour lemons.

    How dare you fuck@#n compare yourselves to EB-2?

    Cant you FUC@#N understand what the phrase "preference category" means????? go get a higher education, change employers, get an EB-2 the right way.

    Stop this bullshit you have going on. I for one will write my own letters to ensure none of this EB-3 India whining nonsense gets any attention. I will also mobilize other EB-2 India and China folks i know, to do the same.

    If that does not succeed, i will slap a lawsuit against any organization that attempts to twist the rules to imply EB-3 and EB-2 are the same skill level.

    Let us see who wins here. In the interim, go suck on those sour lemons and work for your blood sucking desi employers. Serves you right for being lazy and not trying to help your lot before.

    Will rot for 7 years in EB-3, but will not get a US MS/MBA/PhD, will not change to an EB-2 job, and then when EB-2 gains something, will cry and create a ruckus????? Go screw yourselves.


    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Could somebody also post the adderess of USCIS please..



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  • psvk
    08-05 04:48 PM
    Well said I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.




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  • jgh_res
    06-12 10:57 AM
    It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.

    In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold — up nearly 5 percent from the same month a year ago.

    http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html

    I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".


    Guys.. stay put for now..
    Did you hear that home sales are up! All these media and those streaky economists and so called "housing experts" claiming in the news channels for past couple of weeks?.. that is media messing around with people's head.. I was looking at the public records for home sales and found that a huge portion of current homes sales are nothing but LOW END old homes between (75K to 150K).. Only a neglegable percentage are the ones between (200K and above). This is exactly what media doesn't speak about.. they conveniently skip this part when they report on home sales lately...

    Its the gotcha guys.. now they started to increase price a bit.. banks are pushing up interest rates to create a scenario where people are made to believe soon, its going to be out of reach again.. so grab one now.. and get that $8000 credit for yourself.. What they are trying to do is, create an artificial demand.. We all know that it isn't going anywhere.. by Q409.. we will see the prices again going south.. only thing they can do is delay the natural correction during this summer.. Its going to happen any way.. and by end of fall into winter, it is highly expected to reach the floor and stabilize during 2010 spring and summer ( average price in the range of 4 times disposible annual income), if not further decline as we saw in certain areas of california and florida..

    When you are in the market for a home, do not go by these general claims by media folks.. brokers and realtors who fake the confidence.. you will have to segment and compare the specs to sales price with in your choice of segment.. (such as..homes below 200K, between 200K to 300K, 300K to 400K and so on.) Public records are available online for almost all the counties in US, you can pull that up to see whats going on in your area before you jump into conclusion. This will give us a better feel of the market and even better, bargain opportunity.




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  • Macaca
    12-23 11:04 AM
    'D' in Democrats means Do-Nothing (http://www.mercurynews.com//ci_7792528?IADID=Search-www.mercurynews.com-www.mercurynews.com) BUSH, REPUBLICANS GET THEIR WAY ON MOST ISSUES DESPITE VOTERS' MANDATE TO CHANGE DIRECTION Mercury News Editorial, 12/23/2007

    When the Democrats won control of Congress a year ago, they promised bold new leadership. Things would change, they said. They had a mandate.

    But they didn't have the votes to stand up to veto threats by Bush and filibusters by Senate Republicans. They didn't have the bold new leadership, either. A year later, Congress is lamer than the lame-duck president.

    On the Democrats' No. 1 issue, the war in Iraq, it's been a year of defeat and surrender. They were going to "bring the troops home." Instead, President Bush sent more troops to Iraq. The "surge," coupled with a new counter-insurgency strategy, has led to a sharp decline in military and civilian deaths. All attempts to link war funding to a withdrawal timetable fizzled. Giving up completely, Congress passed $70 billion in no-strings war funding before the Christmas recess.

    Democratic leaders blame their impotence on Bush's obstinacy. Bush didn't compromise. He didn't have to.

    Democrats talked about limiting the excesses of the Patriot Act, banning cruel CIA interrogation tactics and closing the Guant�namo Bay internment camp. Didn't happen.

    Instead, Congress authorized warrantless surveillance for six months by passing the Protect America Act before the August recess. Democrats were forced to push discussion on making the surveillance rules permanent into January. Bush will likely win this one, too.

    After months of wrangling, Congress approved an omnibus budget bill that gave Bush the spending levels he wanted.

    Promising fiscal discipline, the Democrats vowed to pay for any tax cuts with tax increases elsewhere or spending cuts. That "pay as you go pledge" was put aside to pass a popular bill protecting 23 million middle- and upper-middle-class taxpayers from paying $2,000 extra under the alternative minimum tax. Since the tax was originally designed to prevent the super-rich from using tax shelters, conservative Democrats tried to close tax shelters used by super-rich hedge-fund managers to cover the $50 million revenue loss. They lost.

    Congress made baby steps toward fiscal discipline by trimming "earmarks" for pet projects by 25 percent from 2006, estimates Taxpayers for Common Sense. But legislators OK'd more than $15 billion for more than 11,000 pork-barrel projects.

    President Bush didn't win them all: Social Security reform went nowhere, reauthorization of No Child Left Behind was postponed to 2008 and he couldn't rally enough Republicans to pass a complex and controversial immigration bill.

    But this wasn't supposed to be his year. The triumphant Democrats made big promises a year ago, but delivered modest results. Democrats increased the minimum wage, enacted the Sept. 11 commission's recommendations into law and expanded student loans.

    Most notable was the energy bill, which included the first increase in fuel efficiency standards for cars and light trucks in 32 years.

    However, Democrats dropped plans to repeal tax breaks for oil companies and require more use of alternative energy. Bush insisted. Congress caved.

    On other issues, Congress acted and Bush vetoed. Congress expanded health insurance for children and approved federal funding for stem cell research, but couldn't overcome Bush's "no" vote.

    Stymied repeatedly, Congress saw its approval ratings fall to record lows. When you're less popular than George W. Bush, you're pretty darned unpopular.

    "I don't approve of Congress, because we haven't . . . been effective in ending the war in Iraq," House Speaker Nancy Pelosi of San Francisco told reporters in response to the polls. "And if you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

    2008 will be a year of partisan politics. No doubt Republicans will run against the do-nothing Congress. That could backfire. Democrats will tell voters that if they want Democratic policies - and most people tell pollsters they do - they need to put a Democrat in the White House in 2008.

    For the next 11 months we can expect more of the same from the lame duck and lamer Congress.




    aachoo
    03-23 02:14 PM
    The other day someone called me offering to sell some services.

    I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?

    She said, she does not want to give me and be bothered with such sales calls.

    So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)

    Did you send Seinfeld a royalty? :D
    -a




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

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

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

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



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