NKR
02-13 10:16 AM
I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.
I do not fully agree with you. There could be inflated years on a resume but for EB2 one needs to provide experience letters showing five plus years experience. Not many companies give out false information in the experience letters.
I do not fully agree with you. There could be inflated years on a resume but for EB2 one needs to provide experience letters showing five plus years experience. Not many companies give out false information in the experience letters.
wallpaper California gold rush map
Abilash
08-25 08:03 AM
Hi,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
psaxena
01-14 02:07 PM
These rules has always been and so are they right now. Nothing is new in the memorandum. Some one publishes and one points and makes a comment and everyone else like a herd of sheep starts panicking...
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
2011 California Gold Rush
mbawa2574
02-15 01:43 PM
You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane
more...
longq
02-13 03:53 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
aviv
07-25 05:30 AM
cal_dood & meekdesi
Which country do you guys belong to and why are you here?
Appreciate your honest and decent response. Thanks\\
Meek and Caldood, Please let us know your religion and state of orgin (e.g., Bihari, Bengali, UP bahiyaa, Malalyali) if you were born on Indian soil. It will help us better understand your viewpoints. India is a vast country and people usually their opinions based on where they come from and their life experiences.
Which country do you guys belong to and why are you here?
Appreciate your honest and decent response. Thanks\\
Meek and Caldood, Please let us know your religion and state of orgin (e.g., Bihari, Bengali, UP bahiyaa, Malalyali) if you were born on Indian soil. It will help us better understand your viewpoints. India is a vast country and people usually their opinions based on where they come from and their life experiences.
more...
vivekm1309
02-12 09:12 PM
That is an apples to dinosaur analogy.
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
2010 gold rush california map. hair
gc28262
01-15 03:01 PM
snram4,
It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.
If you are not fine with companies making profit, you shouldn't be here in the first place.
H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.
The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?
It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.
If you are not fine with companies making profit, you shouldn't be here in the first place.
H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.
The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?
more...
solaris27
07-28 08:02 AM
One of my firend drove from TX to VA to explain ADVANTAGE of Amway .
I can't belive that .. It sucks , As you invested money in this business you will think all of your friends will al intrested but they are not .....
think twice ...enjoy .
I can't belive that .. It sucks , As you invested money in this business you will think all of your friends will al intrested but they are not .....
think twice ...enjoy .
hair During the California Gold
PlainSpeak
01-13 03:09 PM
I completely agree with amitjoey and willigetgc.
Blaming IV on one hand for the lack of enthusiasm and support from EB3 community and on the other hand - for a stand-still in the Congress when it comes to EB specific bills/laws is inappropriate. And then asking IV to drum up a fake EB3 relief measure to encourage this community is a disastrous way to go.
I recently spoke with one of the admins (reached via contacts page) who gave a very realistic view of how things stand in the Congress and otherwise...and I truly encourage other members to talk to the right folks to get facts rather than getting misled by pure rhetoric. I trust that IV core advocacy wil identify the right bills/legislations to push for and hopefully regional grass-roots members will support those efforts. This Diversity bill might prove to be good practice but we should not have any false hopes. it just gives us another reason to blame IV later on - and IV is the only true platform we have.
Other than that let me just paste the following I wrote on another thread in response to Plainspeak's approach -
You do not represent my opinions. So please stop advocating yourself as an EB3 representative. With the points you have raised and the negative vibes you have created between EB2 vs EB3, you have shown that you are concerned and frustrated only about your own personal GC situation and are trying to use the EB3 tag to shove it down my throat. Which I completely detest.
And to that commnet of mine which you copied from the other post i would asvise people go to that post and see my reply to that
Blaming IV on one hand for the lack of enthusiasm and support from EB3 community and on the other hand - for a stand-still in the Congress when it comes to EB specific bills/laws is inappropriate. And then asking IV to drum up a fake EB3 relief measure to encourage this community is a disastrous way to go.
I recently spoke with one of the admins (reached via contacts page) who gave a very realistic view of how things stand in the Congress and otherwise...and I truly encourage other members to talk to the right folks to get facts rather than getting misled by pure rhetoric. I trust that IV core advocacy wil identify the right bills/legislations to push for and hopefully regional grass-roots members will support those efforts. This Diversity bill might prove to be good practice but we should not have any false hopes. it just gives us another reason to blame IV later on - and IV is the only true platform we have.
Other than that let me just paste the following I wrote on another thread in response to Plainspeak's approach -
You do not represent my opinions. So please stop advocating yourself as an EB3 representative. With the points you have raised and the negative vibes you have created between EB2 vs EB3, you have shown that you are concerned and frustrated only about your own personal GC situation and are trying to use the EB3 tag to shove it down my throat. Which I completely detest.
And to that commnet of mine which you copied from the other post i would asvise people go to that post and see my reply to that
more...
soljabhai
12-13 04:15 PM
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
hot The Fabulous Goldrush Sisters!
gc28262
06-12 08:10 AM
Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)
You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.
If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.
http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1
BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.
Could unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.
BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?
You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.
If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.
http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1
BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.
Could unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.
BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?
You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
more...
house California Gold Rush 2 Review
Macaca
06-26 09:39 PM
I think they will retrogress after using next year's quota that opens up in Oct (??).
They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...
They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...
tattoo hair the California Gold Rush
glus
03-17 10:33 AM
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.
Regards,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.
Regards,
more...
pictures (I#39;m a complete pushover for
jsb
06-05 03:49 PM
I guess many have mentioned this before.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.
dresses Gold Rush Prospectors Washing
krishmunn
06-12 04:40 PM
Dilip,
First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL
Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.
Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.
Also, did you ever floated such ideas when you were on H1 ?
First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL
Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.
Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.
Also, did you ever floated such ideas when you were on H1 ?
more...
makeup An 1849 children#39;s book
BharatPremi
12-14 04:57 PM
Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
girlfriend Jones: Gold Rush
texanguy
10-01 07:14 PM
in the next 10-20 years, US needs steady stream of educated young working population(say 25-40 yrs olds) to take care of all the commitments of social security and medicare. Babyboomers will soon outnumber the younger generations. immigration is a need for US now more than ever in the known history. employment based immigration is definitely going to increase/needs to be increased at any cost.
Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...
Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...
hairstyles the California Gold Rush
lotsofspace
02-13 11:26 AM
I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.
What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).
Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.
Thank God there is no such restriction on H1.
I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.
As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.
Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).
Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.
What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).
Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.
Thank God there is no such restriction on H1.
I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.
As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.
Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).
Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.
Saburi
07-08 06:19 PM
This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.
Please let me know on this.
Thanks for your help
Saburi.
Please let me know on this.
Thanks for your help
Saburi.
snathan
01-24 05:42 PM
If most members are opposing the memo that is fine for me. I will take neutral Stand. Anyhow best wishes for winning the lawsuit if you file and win
What good your stand is going to do and who cares it ?:confused:
What good your stand is going to do and who cares it ?:confused:
0 comments:
Post a Comment