May 2012 Visa bulletin out ...

[kalyan_ac]

I wanted clarificaton on the original thread.

When it is said that the EB2 visa allocations for India/China have been depleted, does that mean that annual quota allocated to these countries has been depleted or does it include the visa allocations that would have normally been granted after the spill over from other countries and categories?

Any information or opinion either way would be appreciated.

Its both.

[aos_rfe]

EB1 > EB2 > EB3???????

It is not correct always. In my present work place my colleagues with the same job description, which I do have, got their GCs, in EB2, because of the recent advancement of EB2 visa Priority Dates. How is that happened, is a grey area in the present immigration system, because the "educational qualification requirement" for the same job should be same between me and them. Most of the people in IT work as contractors, who are working for their end-clients, whereas their actual employer is different. So their employer might have filed their labors in EB2 by putting their own hypothetical "educational qualification requirement" which is in contradiction to the actual end-client "educational qualification requirement".

So "here ">" may mean better or more competent or more talented or more highly skilled etc etc" is not a valid or just statement. Yes, Eb1 with PhDs should be ahead of all EB2/EB3, but not necessarily all EB2 applicants are better or more competent or more talented or more highly skilled than their EB3 counterparts.

Hello,

Always EB1 > EB2 > EB3.

Ofcourse there will be exceptions here and there, but any general EB2 > EB3.

dont look at exceptions and form opinion.

at the time of hiring your colleague's position might be higher and it might have needed EB2. "time of hiring" is important. doestn matter how much hard you work day and night right now.

Also, not everyone is into IT and Testing.

In non-IT fields the distinction of EB2 and EB3 is clear with very few exceptions.

Its clear even in IT field, but maybe some exceptions.

EB2 doesnt see EB1 and cry. Why does EB3 look at EB2 and cry? EB3 is lesser skilled than EB2 for that job at the time of hiring. Get over it.

[roul_raj123]

Hello,

Always EB1 > EB2 > EB3.

Ofcourse there will be exceptions here and there, but any general EB2 > EB3.

dont look at exceptions and form opinion.

at the time of hiring your colleague's position might be higher and it might have needed EB2. "time of hiring" is important. doestn matter how much hard you work day and night right now.

Also, not everyone is into IT and Testing.

In non-IT fields the distinction of EB2 and EB3 is clear with very few exceptions.

Its clear even in IT field, but maybe some exceptions.

EB2 doesnt see EB1 and cry. Why does EB3 look at EB2 and cry? EB3 is lesser skilled than EB2 for that job at the time of hiring. Get over it.

It is not Always .EB2 > EB3. Leave Eb1 from the Picture, as we together do not deserve to bring EB1 to EB2 vs. EB3 comparison.

Of course Exceptions cannot be everywhere. When it is everywhere, it is no longer an exception. When Opinion is based upon most EB2 IT Cases, then it is no longer exception.

“Also, not everyone is into IT and Testing.” Are you out of your mind? Majority of EB2, and EB3 applicants are from IT. There are very less percentage of Non-IT EB2, and EB3 applicants.

When a Person’s job description is made higher in terms of minimum educational qualification requirement to apply in EB2, and later it downgraded to Job Description in terms of minimum educational qualification requirement that is for EB3, then that person is no longer fit for an EB2 Position. How many of the EB2 applicants voluntarily tell the truth via AC21 Letter to USCIS that their Position is changed and downgraded.

“at the time of hiring your colleague's position might be higher and it might have needed EB2. "time of hiring" is important.”

FRAUD……FRAUD…..FRAUD

Job Description and the minimum educational qualification should be exactly the same throughout the GC Application Life Cycle. It can never be downgraded to EB3 level at any point of time of the application. If it does, then it is no longer a valid EB2 application. If you do not believe or agree, I will advise you and your fellow EB2 applicants to be daring and bold enough to inform USCIS about their current job descriptions and current minimum educational qualification requirements in a truthful way. USCIS should be able to give you or direct you to the right direction by denying your applications. Try that. My 2 Cents.

EB2 does not see EB1 and cry, because most of the EB2 IT candidates get their GCs by providing false or counterfeit information. Why they will Cry in that scenario? Provide correct information to USCIS, and then you will have lots of reason to cry.

[noName]

It is not Always .EB2 > EB3. Leave Eb1 from the Picture, as we together do not deserve to bring EB1 to EB2 vs. EB3 comparison.

Of course Exceptions cannot be everywhere. When it is everywhere, it is no longer an exception. When Opinion is based upon most EB2 IT Cases, then it is no longer exception.

“Also, not everyone is into IT and Testing.” Are you out of your mind? Majority of EB2, and EB3 applicants are from IT. There are very less percentage of Non-IT EB2, and EB3 applicants.

When a Person’s job description is made higher in terms of minimum educational qualification requirement to apply in EB2, and later it downgraded to Job Description in terms of minimum educational qualification requirement that is for EB3, then that person is no longer fit for an EB2 Position. How many of the EB2 applicants voluntarily tell the truth via AC21 Letter to USCIS that their Position is changed and downgraded.

“at the time of hiring your colleague's position might be higher and it might have needed EB2. "time of hiring" is important.”

FRAUD……FRAUD…..FRAUD

Job Description and the minimum educational qualification should be exactly the same throughout the GC Application Life Cycle. It can never be downgraded to EB3 level at any point of time of the application. If it does, then it is no longer a valid EB2 application. If you do not believe or agree, I will advise you and your fellow EB2 applicants to be daring and bold enough to inform USCIS about their current job descriptions and current minimum educational qualification requirements in a truthful way. USCIS should be able to give you or direct you to the right direction by denying your applications. Try that. My 2 Cents.

EB2 does not see EB1 and cry, because most of the EB2 IT candidates get their GCs by providing false or counterfeit information. Why they will Cry in that scenario? Provide correct information to USCIS, and then you will have lots of reason to cry.

Lets not get into where you, in your infinite wisdom, were able to find out that MOST EB2 applicants falsify information in the green card applications and USCIS NEVER finds out about this.

Lets look at EB3 applicants on H1B working illegally in grocery stores for several years and then clearly mis-state their employment history in thier green card applications, isn't that FRAUD……FRAUD…..FRAUD?

[JoeF]

“Also, not everyone is into IT and Testing.” Are you out of your mind?

He is correct.

Non-IT is a significant part of the employment-based categories.It is "employment-based", not "IT-based."

If you don't know nor understand that, you have no business discussing EB2>Eb3 at all.

[roul_raj123]

@noName:

<<<<<Lets not get into where you, in your infinite wisdom, were able to find out that MOST EB2 applicants falsify information in the green card applications and USCIS NEVER finds out about this.

Lets look at EB3 applicants on H1B working illegally in grocery stores for several years and then clearly mis-state their employment history in their green card applications, isn’t that FRAUD……FRAUD……FRAUD?>>>>>

After all you are coming to the right point by yourself. “EB3 applicants on H1B”????????

LOL let us also not forget that most or should I say all of the EB2 applicants also belong to H1B. So do you also want to say here that we also need to look at EB2 applicants on H1B working illegally in grocery stores for several years and then clearly provide false information in their employment history in their green card applications. That’s the Point, I totally forgot about EB2 applicants, and so thank you for bringing that point also into our attention. As you have already brought that point into the consideration against EB2 applicants, let me also add few more points. Most of the Master Degree holders in F1 Status (Potential EB2 Candidates) work illegally in gas stations and grocery stores for more than their allotted 20 hours legal work limit. That’s too they work for cash to avoid IRS and USCIS attention. They never pay income tax for those earning, which is totally illegal. If that is not enough, let me add one more point. Most Master Degree Holders in F1 Status choose to work in OPT after finishing their Masters. That is OK, but most of them then choose to delay their H1b filing, even if their Employers are ready to file their H1Bs, in order to avoid tax, which is totally wrong and illegal. Now we got 3 additional points against most EB2 applicants with thanks to you. 1) Working in Grocery Stores while on H1B, 2) Working in Gas Stations/Grocery Stores while on F1 Status violating their 20 Hours limit, Getting paid in Cash, and Not Paying Taxes due to IRS, and 3) Working with OPT, and then delaying H1Bs to avoid taxes. Let me know, if you want me to add any more points.

Getting into your second question about how USCIS never finds out that EB2 Applicants falsify the information. USCIS approves your LABOR, 140, and 485 based on you, and your Employer’s petitions, and USCIS trusts that the Job Requirements and Educational Qualification Requirements are true to what is stated on the application throughout the GC Life Cycle, because you and your employer both sign them, acknowledging those facts. Now it is yours and your employer’s LEGAL responsibilities to file AC21 to provide correct information based on your current Job Requirement, and educational requirement needed for the current Job. Most in the IT Sector work for their End-Clients, and most of the times the current client Job Requirements are totally downgraded to EB3 level compared to the Job Requirements mentioned in EB2 GC Labor and 140. I will once again reiterate the point to provide the correct and true information to USCIS, and let USCIS decide how great and skillful EB2 Applicants are, rather than staying in the shades and hiding the true facts. My 2 Cents. Let us track the results of those cases in a separate thread. If you decide against providing the correct information to USCIS, then Good Luck, because you have received your GC by providing counterfeit facts about your job, and your decision is the proof to your wrong-doing.

@JoeF:

<<<<<He is correct.

Non-IT is a significant part of the employment-based categories. It is “employment-based”, not “IT-based.”

If you don’t know nor understand that, you have no business discussing EB2>Eb3 at all.>>>>>

LOL…….you decided to opt out my quote “Majority of EB2, and EB3 applicants are from IT”. I do not know if that is intentional. If you do not believe the deleted quote, then let us see these numbers. As per 2012 Green Card Reports, there are 23,563 Green Card petitions from “Computer Systems Design and Related Services” Category. The next rank belongs to 4,317 GC petitions from “Software Publishers” Category. The Third rank belongs to 2,627 GC petitions from “Colleges, Universities, and Professional Schools” Category. And so on for other types of Categories. First and second categories belong to IT. Definitely the number of petitions goes down significantly in numbers for those types of industries, which are not related to IT. If you do not think that 23,563 numbers of petitions is not a majority when compared to the 3^rd, etc…, then you might be having some ego problems to accept the facts.

To answer your next question, it is not me, who started the EB2 > EB3 conversation, but <<aos_rfe>> started to prove that EB2 > EB3, even without knowing the basics. Try to stop such baseless comparison to degrade EB3 Applicants. If you do not know how to stop, then keep quiet, instead of promoting such malice.