smuggymba
01-15 03:24 PM
I trust the talent of desi dallas, they will come up with a way to circumvent this:D
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
wallpaper Tattoos inspired by Lady Gaga.
jonty_11
10-17 02:51 PM
Anyone aware if one of the spouses has had a shoplifting offense in Singapore, how does that affect the Canada PR process? The offense was 6 years ago, I read on cic.ga that you can submit an application so that they may ignore it...for Canada PR, if its been over 5 years since your last offense and no other history of conviction.
Any pointers would help!
Any pointers would help!
WeShallOvercome
07-24 06:48 PM
And what reason might that be? To be born in an insanely ridiculously pathetically gutterish country like India you need to have been a sinner in your previous life.
Or a looser in your present life to be saying so!!!!
Or a looser in your present life to be saying so!!!!
2011 Tattoos inspired by Lady Gaga.
alisa
02-18 11:49 PM
I think we can make some very credible and good arguments for ourselves.
a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
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ita
03-29 11:12 PM
So am I , I'm sure so are may others on this forum and in India.
Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)
But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .
what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
Those politicians are making fun of law.They are using NSA to finish political opponents.
NSA is meant for nation's enemies not for politician's enemies.
During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.
Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
It happens only in India.
I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.
Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)
But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .
what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
Those politicians are making fun of law.They are using NSA to finish political opponents.
NSA is meant for nation's enemies not for politician's enemies.
During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.
Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
It happens only in India.
I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.
mbawa2574
02-16 08:21 AM
Sir, first, not that I will listen to you, but you have no business telling anybody that IV doesn't need them, it's very serious when every disgruntled member decides to speak on others behalf and tell people who disagree with them they need to leave IV
second, do u have a crystal ball that allows you to know my feelings more than I do and put words in my mouth that i didn't say.. when i say that bodyshops participated in creating the disproportionate lines for india and china where do you get an insult or conclude that i want indians and chinese to disappear or that i feel i lack marketable skills..
stick to arguments please instead of these endless fabrications.
Did you not write in your post said that Indians and Chinese are flooding US via bodyshopping. DO read your earlier posts before writing back here.You can speak whatever but no one will listen to your racism and bigotry at least not here. U got problems with these Indians and Chinese go somewhere else and release your bigotry. You never answered my question about rally participation since you have been planted here by some anti-immigrant org for obvious reasons. Members like you are trying to divide IV based on race and there is no place for you here.So again I will say that get out of here if you have problems with race.
second, do u have a crystal ball that allows you to know my feelings more than I do and put words in my mouth that i didn't say.. when i say that bodyshops participated in creating the disproportionate lines for india and china where do you get an insult or conclude that i want indians and chinese to disappear or that i feel i lack marketable skills..
stick to arguments please instead of these endless fabrications.
Did you not write in your post said that Indians and Chinese are flooding US via bodyshopping. DO read your earlier posts before writing back here.You can speak whatever but no one will listen to your racism and bigotry at least not here. U got problems with these Indians and Chinese go somewhere else and release your bigotry. You never answered my question about rally participation since you have been planted here by some anti-immigrant org for obvious reasons. Members like you are trying to divide IV based on race and there is no place for you here.So again I will say that get out of here if you have problems with race.
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Googler
02-16 12:34 AM
I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
2010 Tattoos inspired by Lady Gaga.
nandakumar
05-11 06:56 PM
buddy,
I'm already in my beloved place and with your contribution and help to Immigration Voice, I can see the light at the end of the tunnel. Thanks for the help.
Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same, that I will bear arms on behalf of the United States when required by the law..............."
My question is, hypothetically if in future if there is a war between USA and India, and hypothetically you become a US citizen, how do you conform to the oath?
Looks like my posting hit the nerve hard, i see it from your response.
I'm cultured enough not to bring your mother and father into the conversation.
Good Luck
Ask your mom why she had you with shameless Indian. US citizenship looks too far for you, sail to your beloved place and make sure you throw your passport on your way.
I'm already in my beloved place and with your contribution and help to Immigration Voice, I can see the light at the end of the tunnel. Thanks for the help.
Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same, that I will bear arms on behalf of the United States when required by the law..............."
My question is, hypothetically if in future if there is a war between USA and India, and hypothetically you become a US citizen, how do you conform to the oath?
Looks like my posting hit the nerve hard, i see it from your response.
I'm cultured enough not to bring your mother and father into the conversation.
Good Luck
Ask your mom why she had you with shameless Indian. US citizenship looks too far for you, sail to your beloved place and make sure you throw your passport on your way.
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pointlesswait
09-23 06:30 PM
there is a "right" time for everything..and now is not! thats all...
You are right, in times like these immigrants should not be welcomed with open arms so its time for you to pack-up and leave. Visit this website when you reach home and let us know you reached safely... safe travels.
You are right, in times like these immigrants should not be welcomed with open arms so its time for you to pack-up and leave. Visit this website when you reach home and let us know you reached safely... safe travels.
hair Tattoos inspired by Lady Gaga.
sumagiri
07-23 08:04 PM
Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
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test101
07-10 10:11 PM
The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.
The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.
The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.
The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.
MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.
This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.
stay toned 5 more years of this and see how bad it's going to get.
The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.
The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.
The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.
MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.
This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.
stay toned 5 more years of this and see how bad it's going to get.
hot Tattoos inspired by Lady Gaga.
okuzmin
05-09 04:37 PM
pmat, a word of caution and experience on FBI fingerprints/background checks.
If you're submitting fingerprints for yourself and your spouse, make sure you have certified funds of $18 (I believe that's the correct amount, but I might be wrong) PER PERSON, i.e., $36 for two people. In the instructions they just say "$18 for the background check" and give you a form to list yourself and any other adults in your family. I had to call and confirm that it's $18 a person.
They have a backlog of these background checks now; in the instructions it says the process takes up to 8 weeks, while nowadays it's up to 3 months and sometimes even longer.
It might take about a year for the Canadian Consulate to process your first batch of documents. In my case, it took 11 months. Then they notified us that our interviews were waived. In the same letter they requested the following docs:
updated letters of experience from my current employer;
updated financial docs (tax returns, pay stubs, W2's, and bank funds confirmation);
updated FBI certificates.
It doesn't say anywhere in the instructions that your fingerprint cards are only good for 1 year. When I sent my "old" fingerprints (I had two sets of those made the first time we applied), FBI returned them unprocessed after 3 months and asked for the updated fingerprint cards. Then it took them another 2 months to process those.
If you're submitting fingerprints for yourself and your spouse, make sure you have certified funds of $18 (I believe that's the correct amount, but I might be wrong) PER PERSON, i.e., $36 for two people. In the instructions they just say "$18 for the background check" and give you a form to list yourself and any other adults in your family. I had to call and confirm that it's $18 a person.
They have a backlog of these background checks now; in the instructions it says the process takes up to 8 weeks, while nowadays it's up to 3 months and sometimes even longer.
It might take about a year for the Canadian Consulate to process your first batch of documents. In my case, it took 11 months. Then they notified us that our interviews were waived. In the same letter they requested the following docs:
updated letters of experience from my current employer;
updated financial docs (tax returns, pay stubs, W2's, and bank funds confirmation);
updated FBI certificates.
It doesn't say anywhere in the instructions that your fingerprint cards are only good for 1 year. When I sent my "old" fingerprints (I had two sets of those made the first time we applied), FBI returned them unprocessed after 3 months and asked for the updated fingerprint cards. Then it took them another 2 months to process those.
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house Pictures of Lady Gaga Tattoos
vikki76
05-13 07:17 PM
RE: Jaime,
Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.
Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.
tattoo Tattoos inspired by Lady Gaga.
aka
12-13 11:50 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
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pictures Tattoos inspired by Lady Gaga.
Lasantha
10-17 10:12 AM
Hello everyone,
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
dresses Tattoos inspired by Lady Gaga.
unitednations
02-17 11:47 AM
This argument does not have much merit. You are confusing diversity with skills - if those friends, cousins etc. meet the job requirements, there is no issue in hiring them for open positions. You are asking us to believe that a country that does not believe in affirmative action in the job market and depends on voluntary action by employers to enhance diversity cares about any of this when it comes to immigration.
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.
If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.
In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.
Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.
From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.
One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.
Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.
You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.
This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.
If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.
In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.
Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.
From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.
One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.
Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.
You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.
This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
more...
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reddymjm
09-25 06:33 AM
Even though enactment of the visa recapture and nursing relief bills within the 110th Congress was slim, the foreign professionals watched the webcast of the hearing yesterday with a tremendous despair, adjourning the hearing without taking up these immigration bills. Guess what the last word of the Chairman was: Photo session of the Committee members on the 24th! It is gone, gone, and gone. No more glimmer of hope within this 110th Congress.
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newtogc
10-02 11:39 PM
Hi All,
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination. Any authentic news regarding this? Even if the USCIS publish the news regarding the elimination of LC substitution, Will it undergo the hearing / comment process. During this time can I apply for i140?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
In similar line, what are 45 day letters? Does it apply to my case.
Please need experts advice in this regard.
Thanks,
BNR.
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination. Any authentic news regarding this? Even if the USCIS publish the news regarding the elimination of LC substitution, Will it undergo the hearing / comment process. During this time can I apply for i140?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
In similar line, what are 45 day letters? Does it apply to my case.
Please need experts advice in this regard.
Thanks,
BNR.
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GCOP
07-24 11:33 AM
We appreciate your nice prediction and Good Wishes. I hope your words will turn into truth. Thanks
Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D
Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D
tw00ne
07-23 10:35 AM
Is unclear to me what the law is for those 2 cases
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
duttasurajit
07-21 11:59 AM
These guys might meet you and greet you in WMT. Once it happened, the guy's wife met my wife and complimented her that "Ooh you have a sweet little boy!" and that's how the convesation started with my wife and then with me. The guy told me he runs his "ecommerce business". Next day he calls us for tea to discuss "ecommerce business" , I became suspicious and charged him "Are you running Amway?" He said there is nothing wrong in running Amway business and I had a heated argument with him over this as to why he did not tell me earlier.
So thats it - nowadays they have adopted a different strategy!
So thats it - nowadays they have adopted a different strategy!
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