guchi472000
03-13 03:36 PM
Congrex EB2.... Cheers.
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hpandey
07-02 06:57 PM
[quote=aranya;259700]
Sorry for not making it clear enough...
This guy was not even eligible for a H1 in the first place as he did not know anything about IT... It was his decision to move to US and to lead an american life... so he cooks up a resume...claims to be a software engineer(with due help from his H1 filer consultant, I assume) and landed up here. He was in deep trouble when the Grocery shop closed down and he had to look out for another job... Last I know, he was taking QA training...
So its not a case of my friend being mistreated by his consultant but a case(I'm sure he is not unique within H1 community) where my friend, along with his Consultant took the whole H1B program for a ride....
So
1. He was not forced...he himself falsified it intentionally
2. He is not complaining...he is happy the way things has turned up for him...
3. What was he thinking when he came down here... Surely he cannot code a line in any language or do anything in IT ... He had to take up a non-IT job..
What you are suggesting is probably 0.1% of all the H1b applicants or at the most 1 %. Even that is a big number. I think 99% of all H1b applicants come with intent to work in IT or whatever field they applied in rather than work in a grocery shop. I don't think anyone wants to come to US to work at a grocery shop or a petrol pump .
Lets focus the discussion on H1b employees who are mistreated by the employers by paying them too little , not paying benefits, unfair treatment and so many other things that I could go on about.
Sorry for not making it clear enough...
This guy was not even eligible for a H1 in the first place as he did not know anything about IT... It was his decision to move to US and to lead an american life... so he cooks up a resume...claims to be a software engineer(with due help from his H1 filer consultant, I assume) and landed up here. He was in deep trouble when the Grocery shop closed down and he had to look out for another job... Last I know, he was taking QA training...
So its not a case of my friend being mistreated by his consultant but a case(I'm sure he is not unique within H1 community) where my friend, along with his Consultant took the whole H1B program for a ride....
So
1. He was not forced...he himself falsified it intentionally
2. He is not complaining...he is happy the way things has turned up for him...
3. What was he thinking when he came down here... Surely he cannot code a line in any language or do anything in IT ... He had to take up a non-IT job..
What you are suggesting is probably 0.1% of all the H1b applicants or at the most 1 %. Even that is a big number. I think 99% of all H1b applicants come with intent to work in IT or whatever field they applied in rather than work in a grocery shop. I don't think anyone wants to come to US to work at a grocery shop or a petrol pump .
Lets focus the discussion on H1b employees who are mistreated by the employers by paying them too little , not paying benefits, unfair treatment and so many other things that I could go on about.
eagerr2i
07-19 11:49 AM
As Pappu mentioned, the $ 64,000 figure is not a typo. That indeed is the money that was spent by him individually. Logiclife and others made trips to DC,air travel, hotel etc.. does add up real fast. All the expenses on these travels have been borne by the individuals and have not been reimbursed. More than 99 % of the IV funds has been used for advocacy efforts and getting council.
The kind of commitment shown by Aman and logiclife is unparallel and they deserve our salutes and wishes. Also, do not forget to contribute to Immigration Voice. What we have achieved is interim relief, there has more work to be done in the future.
The kind of commitment shown by Aman and logiclife is unparallel and they deserve our salutes and wishes. Also, do not forget to contribute to Immigration Voice. What we have achieved is interim relief, there has more work to be done in the future.
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alisa
02-11 03:39 PM
And ofcourse, EB-3 ROW would oppose such a move.
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
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viva
02-06 07:59 PM
First off, i have mentioned above that this is NOT a solution to retrogression. Secondly, the USCIS does not care what we say to them, they are going to take exactly how much time they want to take to process our Green cards. All I was suggesting was, we ask for interim relief. Now like Logiclife mentioned we are trying for smaller bits of interim relief and that is a reasonable answer. However please do not make remarks like "this person is here to make money and is not after GC". Are we not all after making money? Is that not why we want GCs? We certainly dont want the GC to frame it and keep it next to our other trophies do we? Then why are people accusing me of wanting to "make money"? The problem with some people on this forum is the lack of respect for an alternate view. It is one thing to disagree and it is another to make ridiculous off topic remarks about what someone said.
Getting a GC will ensure that you can sustain your money making efforts in the USA. By getting diverted to interim relief for spouse, people will be able to make money, but not for too long without a GC. That's why the focus should be on an action that permanently fixes the situation, rather than a band-aid approach.
Your original comment was ," let temporary be temporary." Frankly, temporary solutions to the US immigration system have made it what it is now. What we need is a permanent fix. Please do not consider that your views are being disrespected. It is just a matter of figuring out the priorities : GC or temporary fixes.
Getting a GC will ensure that you can sustain your money making efforts in the USA. By getting diverted to interim relief for spouse, people will be able to make money, but not for too long without a GC. That's why the focus should be on an action that permanently fixes the situation, rather than a band-aid approach.
Your original comment was ," let temporary be temporary." Frankly, temporary solutions to the US immigration system have made it what it is now. What we need is a permanent fix. Please do not consider that your views are being disrespected. It is just a matter of figuring out the priorities : GC or temporary fixes.
santb1975
01-31 06:34 PM
for voting and keeping this question under # 10 of the most popular questions. Please remember to send similar questions to the Presidential Debate's. I will send one in too
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shreekarthik
01-31 12:24 PM
1. As for as I can see the 45-day rule comes in to force only after the rule is published in federal register. So all LCs approved after this publication will have 45days of life and has to be used by the original applicant. It's still a grey area as to how LCs approved before the rule publication will be affected. From immigration-law.com, my understanding is that all the LCs approved before this publication will have 45 days from the date of publication and if the I140 is not filed by then they'll expire. So all LCs approved so far will have 45days from the date of publication. Now to Labor sub.
2. Substitution of labor can be done by 2 methods
a. by amending the existing labor certification before approval
b. by substituting after approval.
3. When u do either 2.a or 2.b DoL stamps a substitution approved stamp on the LC.
4. If you are doing a labor sub and u fail to get this stamp before the rules goes in to effect then ur lab sub will be automatically rejected.
5. If your labor sub is approved before the rule is published in the federal registrar then u go ahead and file I140.
2. Substitution of labor can be done by 2 methods
a. by amending the existing labor certification before approval
b. by substituting after approval.
3. When u do either 2.a or 2.b DoL stamps a substitution approved stamp on the LC.
4. If you are doing a labor sub and u fail to get this stamp before the rules goes in to effect then ur lab sub will be automatically rejected.
5. If your labor sub is approved before the rule is published in the federal registrar then u go ahead and file I140.
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paskal
07-17 08:39 PM
Thanks for the response PASCAL. However I still do not understand why IV is not encouraging everyone to send faxes and register their support via the AILA site. As I have understood AILA has been a leader in this effort for immigration {see July 2007}. If you are trying to say that the interests of AILA and IV are not exactly the same - that is to be expected - no 2 organizations can ever be the same - BUT - surely we can come together to form and pursue some strategic interests. I see that with regard to these bills IV and AILA interests meet. Further if readers @ IV send messages via AILA Action Alert then IV resources can be saved to follow the path that you have described above.
Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.
Regards!
Raji
Sorry you do not understand- I really cannot do better right now. Sometimes you just have to accept things! It's not that we do not coordinate or associate with AILA. We do.
The issue here is very specific, both pappu and I have told you what we think and attempted to explain why we do not want to invest resources in a specific action you suggested. Given that I can't spend the hours needed to explain the last few years of work and experience on this issue, I doubt this discussion will go anywhere. Feel free to send the fax. Just accept that we are not going to promote this as a mass action right now for many reasons. Peace!
Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.
Regards!
Raji
Sorry you do not understand- I really cannot do better right now. Sometimes you just have to accept things! It's not that we do not coordinate or associate with AILA. We do.
The issue here is very specific, both pappu and I have told you what we think and attempted to explain why we do not want to invest resources in a specific action you suggested. Given that I can't spend the hours needed to explain the last few years of work and experience on this issue, I doubt this discussion will go anywhere. Feel free to send the fax. Just accept that we are not going to promote this as a mass action right now for many reasons. Peace!
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ak_2006
08-11 12:56 PM
Done
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gc_peshwa
04-14 12:22 PM
Lets keep this going...great effort by IV!
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wandmaker
06-09 03:33 PM
^
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franklin
07-12 01:41 PM
We need to get a rough idea of attendee numbers
Thanks!
For those that are out of the area, please remember that we will consider any "no" vote as really a "I'd really love to support the rally, but I live far to far away, our thoughts will be with you and we hope it is a success":D
Thanks!
For those that are out of the area, please remember that we will consider any "no" vote as really a "I'd really love to support the rally, but I live far to far away, our thoughts will be with you and we hope it is a success":D
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vxb2004
07-15 12:03 PM
Great job IV. Keep up the great work.
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indyanguy
11-09 02:55 PM
NO point#1 is not true. in fact it is biggest misconception - I remember reading some where that if you have consumed all your 6 years on H1, your extension of H1B beyond 6 years is only based on pending AOS. So in this case, if your 485 is rejected, also your H1B. If you continue to work on H1B even after this, it is illegal.
(This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)
Nice. It appears that according to the link below:
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
(This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)
Nice. It appears that according to the link below:
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
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black_logs
04-07 01:05 PM
Guys please don't forget, the more money power we have, the bigger client we become in the eyes of our strategist and they will put more of their political capital for our cause.
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skg007
08-18 01:00 PM
What about people who did not file AC21. How do they prepare for Citizenship? Do they need to go back to the previous employer.:confused:
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StuckInTheMuck
04-30 03:48 PM
Good post I like it and I probably may follow most of these eventually but, if I think about it, it seems to me lot of stress. Maintaining records from past ten (GC)/fifteen (Citizenship) years is certainly a stressful activity. Except education certificates I never cared for anything in my home country. In spite of taking care of all this, if you get involved in an unfortunate event everything GC/Citizenship goes into vain and back to square one.
I am not trying to discourage or depress any one. It�s just a thought.
Appreciate your thought, thanks. Maintaining detailed documentation can be a big pain in you-know-where, particularly if I am asked to do it suddenly today (believe me, I am one of the world's leading disorganized blokes). Instead, if I begin to get organized early, the process eventually becomes incremental and stress-free. That is what I wanted to share here, the idea of getting organized early to have a smoother passage of time later (much like invest-today-afford-later philosophy). Unfortunate events are unpredictable, but that should not mean I ignore what I can control :)
I am not trying to discourage or depress any one. It�s just a thought.
Appreciate your thought, thanks. Maintaining detailed documentation can be a big pain in you-know-where, particularly if I am asked to do it suddenly today (believe me, I am one of the world's leading disorganized blokes). Instead, if I begin to get organized early, the process eventually becomes incremental and stress-free. That is what I wanted to share here, the idea of getting organized early to have a smoother passage of time later (much like invest-today-afford-later philosophy). Unfortunate events are unpredictable, but that should not mean I ignore what I can control :)
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viva
11-15 03:23 PM
I do not mean to be negative, but this immigration debacle does not seem to end. How long do we have to freaking endure this nightmare? IV has been trying for months now...When do you think we will have immigration relief? Are we just going to end up being like thirsty deers in a desert chasing a mirage in search for water?
Are there any astrologers in the forum? Does any astrologer see the retrogression ending soon?
Are there any astrologers in the forum? Does any astrologer see the retrogression ending soon?
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syzygy
01-31 01:18 PM
And I am sure Members of Staff of Presidential Candidates must be looking at top questions right now.
The questions have moved to 5 and 16 now, under most popular.
The questions have moved to 5 and 16 now, under most popular.
gc_chahiye
11-02 04:45 PM
Do we really believe there aren't enough Americans to handle IT work in America?
yes. I honestly do. Having been through multiple recruitment attempts, at three different companies, in the bay area of all places: there are simply not enough qualified/interested american citizens available.
H-1b is not cheap labor. American companies prefer to hire H-1bs with US master's degrees or with substantial amounts of US experience. When they do hire foreigners, they do not discriminate against them by paying them lesser.
H-1bs are abused by desi vendors and the like who take advantage of the indenturing nature of the visa and also on the naivety of "fresh off the boat" people who newly arrive into the US and are unfamilar with US economy. They are starry eyed, still busy converting each dollar into their local currency and feeling happy they are earning relatively more and dreaming about paying off their EMIs back home, sooner. It takes quite a few months for them to settle down and understand US dynamics.
I agree.
Lastly, we should not confuse the need for H-1bs as equal to the need for GC holders. Take the example of middle eastern countries. They use foreign labor, but they never grant them permanent status. That way, they do not get stuck with them in the event of a downturn. American could have chosen to follow a similar model. Use H-1b temps when necessary and send them out when they are expendable. They have no reaons to hand out GCs, like I said earlier. The benefit is all ours.
good point. However unlike the kind of work being done in the middle-east, there are a ton of companies in the US founded or co-founded by immigrants. There is a reason this place is called the land of immigrants. Handing out GCs gives these people options to start companies and many many of them do. this creates jobs, creates more intellectual capital, all within the US. In 6 years if you make a cook in Dubai leave and go back to Kerala (just picking a typical example) he is not going to do anything to compete with Dubai. You make these H1-Bs who have spent 6 years here (working on various products, technologies, ramping up, understanding customers, relationships etc) go back, they are going to start companies in India. Now all the capital stays out there. The same 5 products that could have been built in the US and sold to lots of companies abroad, will now have to be bought by the US.
If there is any kind of immigration that I think the US does not gain much from, its the diversity lottery and to an extend the chain migration that comes from family based immigration. EB immigration is a BIG win for the US economy.
yes. I honestly do. Having been through multiple recruitment attempts, at three different companies, in the bay area of all places: there are simply not enough qualified/interested american citizens available.
H-1b is not cheap labor. American companies prefer to hire H-1bs with US master's degrees or with substantial amounts of US experience. When they do hire foreigners, they do not discriminate against them by paying them lesser.
H-1bs are abused by desi vendors and the like who take advantage of the indenturing nature of the visa and also on the naivety of "fresh off the boat" people who newly arrive into the US and are unfamilar with US economy. They are starry eyed, still busy converting each dollar into their local currency and feeling happy they are earning relatively more and dreaming about paying off their EMIs back home, sooner. It takes quite a few months for them to settle down and understand US dynamics.
I agree.
Lastly, we should not confuse the need for H-1bs as equal to the need for GC holders. Take the example of middle eastern countries. They use foreign labor, but they never grant them permanent status. That way, they do not get stuck with them in the event of a downturn. American could have chosen to follow a similar model. Use H-1b temps when necessary and send them out when they are expendable. They have no reaons to hand out GCs, like I said earlier. The benefit is all ours.
good point. However unlike the kind of work being done in the middle-east, there are a ton of companies in the US founded or co-founded by immigrants. There is a reason this place is called the land of immigrants. Handing out GCs gives these people options to start companies and many many of them do. this creates jobs, creates more intellectual capital, all within the US. In 6 years if you make a cook in Dubai leave and go back to Kerala (just picking a typical example) he is not going to do anything to compete with Dubai. You make these H1-Bs who have spent 6 years here (working on various products, technologies, ramping up, understanding customers, relationships etc) go back, they are going to start companies in India. Now all the capital stays out there. The same 5 products that could have been built in the US and sold to lots of companies abroad, will now have to be bought by the US.
If there is any kind of immigration that I think the US does not gain much from, its the diversity lottery and to an extend the chain migration that comes from family based immigration. EB immigration is a BIG win for the US economy.
chicago60607
09-17 01:05 PM
She forgot to ask for Hot Sauce, she now again waiting in the long line
