gondalguru
07-18 12:02 PM
If USCIS decides to use the postmarked date as the filing date then it would be trickier for those whose PD was not current in June but have "filed" on June 29/30.
USCIS doesn't use postmark date. Don't sperad incorrect info and don't make other members anxious needlessly.
July 2nd filers are fine. Don't worry. Just wait for your receipt notices. We have been through a lot of stress in last month and its time to relax now (for those who already filed).
USCIS doesn't use postmark date. Don't sperad incorrect info and don't make other members anxious needlessly.
July 2nd filers are fine. Don't worry. Just wait for your receipt notices. We have been through a lot of stress in last month and its time to relax now (for those who already filed).
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va_217
01-31 09:33 AM
Just voted its Q. 16
bkarnik
09-17 11:35 AM
they are mentioning abt bill 6020???
Wants case by case power for judges..especially for Armed force personnel.\
Wants case by case power for judges..especially for Armed force personnel.\
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p1234
10-04 06:22 PM
It may not be popular here, but IMHO PD porting within the same filing category can be allowed, but not retaining the same PD if you are "upgrading" to another category.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
more...
summitpointe
07-20 11:27 AM
7+ years in US
Changed Employer in late 2004 and filed for GC. So my priority date is early 2005. Old Employer did not file GC so forced to leave him.
Now in retrogesstion. Employer takes lot of his share in the billing rate. If we need to go for a good billing rate, vendors think I'm new to US as I don't have GC. Lot many Dependents after getting GC started working and so supply for software professionals are more. Demand meets the supply and so the billing rate is down. Most of the vendors prefers only locals. Forced to take job whatever comes first.
Have a grown up child and she has to start his school. Well educated wife not able to work and wasting time and energy. Not able to decide other than being in US. Keep reading the forums and whenever some bill comes up hope rises, but all now in vain. From now will not expect or believe anything from US congress/senate until President signs it.
Changed Employer in late 2004 and filed for GC. So my priority date is early 2005. Old Employer did not file GC so forced to leave him.
Now in retrogesstion. Employer takes lot of his share in the billing rate. If we need to go for a good billing rate, vendors think I'm new to US as I don't have GC. Lot many Dependents after getting GC started working and so supply for software professionals are more. Demand meets the supply and so the billing rate is down. Most of the vendors prefers only locals. Forced to take job whatever comes first.
Have a grown up child and she has to start his school. Well educated wife not able to work and wasting time and energy. Not able to decide other than being in US. Keep reading the forums and whenever some bill comes up hope rises, but all now in vain. From now will not expect or believe anything from US congress/senate until President signs it.
ilikekilo
04-09 03:16 PM
Our immigration doctor, as a std. practice, don't do TB test during pregnancy. That's the reason we didn't do TB test for her during July 2007 fiasco.
not sure, but one doctor said its absolutely OK to get a TB test during preg...so we looked for an other doc...
not sure, but one doctor said its absolutely OK to get a TB test during preg...so we looked for an other doc...
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pshaikh
12-15 08:19 PM
I am planning to get my visa stamped at the chennai consultate in January 2008. I will be visiting for 3 weeks and was wondering whether such a situation will persists during the month of January...
Thanks,
Yes - although we never know for sure, chances are high that the situation will stay this way until mid-2008 when they expect to build a central, electronic verification system.
I have created a separate thread below - where people can list the actual delays experienced (time between interview date, and passport return date) - so we can have a better idea of what's happening on the ground. If any of you have info to share, please do so below:
http://immigrationvoice.org/forum/showthread.php?t=16145
Thanks,
Yes - although we never know for sure, chances are high that the situation will stay this way until mid-2008 when they expect to build a central, electronic verification system.
I have created a separate thread below - where people can list the actual delays experienced (time between interview date, and passport return date) - so we can have a better idea of what's happening on the ground. If any of you have info to share, please do so below:
http://immigrationvoice.org/forum/showthread.php?t=16145
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santb1975
06-04 01:00 AM
We only had 27 people who called the rep's so far. We can do better than this
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senthil1
05-24 04:38 PM
I am mentioning that statusquo is better when they put more and more restrictions
What do you see in this bill that is better ? I really want to know because every one is highlighting the negatives. Are ther any positives as you see ?
What do you see in this bill that is better ? I really want to know because every one is highlighting the negatives. Are ther any positives as you see ?
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Macaca
12-17 04:14 PM
From page 8 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Critics hope to make any increase in H-1B visas contingent on imposing new restrictions on companies hiring foreign-born professionals, scientists and engineers. While many of the critics’ attacks have centered on so-called “outsourcing” companies, the intent is to impose new restrictions on all companies that seek access to skilled foreign-born talent. As discussed later in this analysis, many of the restrictions put forward by Senators Richard Durbin (D-IL), Charles Grassley (R-IA), Bernard Sanders (I-VT) and Claire McCaskill (D-MO) would impact all U.S. companies hiring foreign-born talent.
Senator Grassley has said there is a "high amount of fraud and abuse" involving H-1B visas. However, an examination of objective data belies this statement. When questioned by the Wall Street Journal a Grassley spokeswoman cited only anecdotal evidence, saying, “People have called our office.” By objective measurements there is not evidence of significant abuse but modest problems that are addressed through agency enforcement.
The data show it would be mistake to tar all companies with the faults of literally a few. Of the $4.8 million owed in back wages in 2004, more than half (53 percent) came from findings against just 7 companies, none of whom are household names. Abuse does occur but the evidence indicates it is limited and of a character that can be handled within existing laws and regulations.
In fact, the amount of back wages owed to H-1B workers, small as it is, actually fell between FY 2005 and FY 2006. Moreover, the aggregate total of back wages owed is almost infinitesimal placed in the context of a $13 trillion economy. In FY 2005, only $5.2 million in back wages were owed to H-1B professionals based on DOL investigations and the total dropped to $4.6 million in FY 2006. Consistent with other years, 86 percent of the cases investigated (104 of 121) in FY 2005 resulted in no civil monetary penalties being assessed. In FY 2006, no civil monetary penalties were assessed in 89 percent of the cases completed (14 of 133).
The data show the vast majority of cases investigated by the Department of Labor have involved only paperwork violations, not willful abuse, and that back wage payments were generally fairly small. The proportion of H-1B professionals owed back wages is also small. Back wages were owed to less than 1 percent (0.28 percent) of the individuals who received H-1B status between FY 1999 and FY 2002 – a total of 1,323 individuals out of approximately 473,000 individuals.
Critics hope to make any increase in H-1B visas contingent on imposing new restrictions on companies hiring foreign-born professionals, scientists and engineers. While many of the critics’ attacks have centered on so-called “outsourcing” companies, the intent is to impose new restrictions on all companies that seek access to skilled foreign-born talent. As discussed later in this analysis, many of the restrictions put forward by Senators Richard Durbin (D-IL), Charles Grassley (R-IA), Bernard Sanders (I-VT) and Claire McCaskill (D-MO) would impact all U.S. companies hiring foreign-born talent.
Senator Grassley has said there is a "high amount of fraud and abuse" involving H-1B visas. However, an examination of objective data belies this statement. When questioned by the Wall Street Journal a Grassley spokeswoman cited only anecdotal evidence, saying, “People have called our office.” By objective measurements there is not evidence of significant abuse but modest problems that are addressed through agency enforcement.
The data show it would be mistake to tar all companies with the faults of literally a few. Of the $4.8 million owed in back wages in 2004, more than half (53 percent) came from findings against just 7 companies, none of whom are household names. Abuse does occur but the evidence indicates it is limited and of a character that can be handled within existing laws and regulations.
In fact, the amount of back wages owed to H-1B workers, small as it is, actually fell between FY 2005 and FY 2006. Moreover, the aggregate total of back wages owed is almost infinitesimal placed in the context of a $13 trillion economy. In FY 2005, only $5.2 million in back wages were owed to H-1B professionals based on DOL investigations and the total dropped to $4.6 million in FY 2006. Consistent with other years, 86 percent of the cases investigated (104 of 121) in FY 2005 resulted in no civil monetary penalties being assessed. In FY 2006, no civil monetary penalties were assessed in 89 percent of the cases completed (14 of 133).
The data show the vast majority of cases investigated by the Department of Labor have involved only paperwork violations, not willful abuse, and that back wage payments were generally fairly small. The proportion of H-1B professionals owed back wages is also small. Back wages were owed to less than 1 percent (0.28 percent) of the individuals who received H-1B status between FY 1999 and FY 2002 – a total of 1,323 individuals out of approximately 473,000 individuals.
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GCBy3000
11-16 09:33 AM
I appreciate your enthusiasm. IV has directed all its members in the past to do what and when? They have also established a webfax mechanism and also asked IV members to contact the senators / congressmen. They have gone into the level of seperating statewise members and asking only certain state members to contact.
Once again I appreciate your thoughts. But the members should follow one direction and it should come from core IV. Do not do certain things without the consent from IV as it may back fire.
NOTE: What do you mean by contact woman? :D
Man/Woman, I see so much energy here or could be just shouting. It would be in the best interest to use the energy to contact respective congressman/woman/senator of their area, ask them / request them to bring/pass legislation like SKIL and PACE. Tell them why this bill is needed. Tell them your problem. If everyone of us call congressman and woman and follow up with them on the progress that would be great. Am I doing it? Yep..Not joking IV members are involved.
IV guys can you develop questionnaire which we should ask the operator. What I did is I asked to operator to connect me someone who can help me in bringing immigration legislation. That is how I approached the operator. IV associates what I am getting at is how should people reach right person? As IV people have interacted with many senator office they have better idea what are different staffer there and how they are addressed, and how to reach them.
Let me know what are people thought? I think instead of wasting time, lets get to work. Help yourself by calling senator/congressman/woman. And this is oppurtune time.
Once again I appreciate your thoughts. But the members should follow one direction and it should come from core IV. Do not do certain things without the consent from IV as it may back fire.
NOTE: What do you mean by contact woman? :D
Man/Woman, I see so much energy here or could be just shouting. It would be in the best interest to use the energy to contact respective congressman/woman/senator of their area, ask them / request them to bring/pass legislation like SKIL and PACE. Tell them why this bill is needed. Tell them your problem. If everyone of us call congressman and woman and follow up with them on the progress that would be great. Am I doing it? Yep..Not joking IV members are involved.
IV guys can you develop questionnaire which we should ask the operator. What I did is I asked to operator to connect me someone who can help me in bringing immigration legislation. That is how I approached the operator. IV associates what I am getting at is how should people reach right person? As IV people have interacted with many senator office they have better idea what are different staffer there and how they are addressed, and how to reach them.
Let me know what are people thought? I think instead of wasting time, lets get to work. Help yourself by calling senator/congressman/woman. And this is oppurtune time.
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kate123
03-10 05:20 PM
I am trying to get the original question info from him. Probably he will read the thread and answer it.
I guess it is 485. Country of birth does not come in to picture at 140 stage.
I guess it is 485. Country of birth does not come in to picture at 140 stage.
more...
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logiclife
06-07 01:24 AM
Is immigration a right? ABSOLUTELY.
Well, over the past few months we have heard a lot of sound bites like �Immigration is a privilege, not a right�. �We are a country of immigrants but we are also a country of laws.� We will see about that in moment when we look at history and find out how lawful immigration has historically been.
Let�s focus on one thing sorely missing from our community: The sense of entitlement.
A lot of employment based immigrants in this country, legally here, on H1, L1, J1 etc. have asked themselves, �What right do I have to ask for change in laws or relief from congress? I am not even a citizen. Lobby congress? As an alien? Are you kidding me? Do you want to get deported? Do you realize you are going �against� the Government?�
Therein comes the lack of sense of entitlement.
First of all, legally speaking, there is no distinction between the constitutional rights of citizens and the constitutional rights of those who are non-citizens � legal or illegal. (Non-citizens are also called �aliens�, but I refrain from using that word whenever I remember coz none of us look like characters of Star Wars and we are not green-headed animals with 6 limbs, so I don�t consider myself an alien just because I was born somewhere else on the same planet).
Second of all, as a person within the jurisdiction of the United States, the first amendment actually prohibits the congress from making any laws against stated rights � one of which is the right to petition the Government for redress of grievances. So not only its legal to do what we are doing, it unconstitutional to pass a law to make it illegal for us to petition (or lobby, advocate, litigate) government for a redress of grievances. And that first amendment isn�t changing, coz to change it, its going to need two-thirds of US congress and three-fourths of states to back it. And we all know, how lucky we are to have 51 senators agree on the fact that sun rises from the east.
Earned Right or Birthright?
The fact that you are here and you are here legally and working with the system to earn immigration is something you should be proud of. Not guilty of. If you treat yourself as guests, the government will treat you like a guest. I would rather treat myself two times the citizen. Why, coz it simply much harder to earn a citizenship than to be born into it. I believe that not only we deserve fair and speedy immigration, but also when we do become citizens we should have the privilege to give two votes in elections. Now, I am not trying to display chutzpah here. I am going to back up my claim with reason. See, a lot of us came here 5-10 years ago with almost no money. Many of us never received any formal education in America. However, we have been able to survive and keep a job in this country, even during the stock market crash of 2001 and the economic recession after that. No small feat. We are the last ones to leave the office at night (Actually, that is true for both legal and illegal workers, coz the legal computer programmer is still coding Java at 7:00 PM while the illegal janitor starts vacuuming the office). We relocate across states as-if its relocating 2 traffic lights away. We adapt to different employers, we adapt to all employers. And all these without driving down the wages. Yes, it�s true. We don�t depress the wages and we don�t steal jobs and the labor certification is designed to prevent that and it�s working. We all know how great its working and how intense the process is, especially those who are stuck in Philly and Dallas backlog creation centers.
So, to sum it up, we have twice to right to petition the government for a redress of grievances, twice the right to everything. It�s an earned right, not a birthright. Our natural instinct should be to exercise the rights we have earned. If we cannot do it now, we are not going to really make anything out of citizenship of Greencard that we are pursuing.
And coming back to the sound bites about privileges and �Nation of laws� coming out of Washington today, let me say this: The pilgrims, who dropped anchor near Cape Cod in 1620 didn�t go through a port of entry and get their passports stamped and their I-94s stapled. I don�t think the Indians were waiting at the coast of Virginia to stop immigrants. They just came. And they settled. And they called it home. No priority dates. No visa bulletins.
So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops. Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.
�Our ancestors ... possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them.�
� Thomas Jefferson (1743�1826, 3d President of the United States, author of the Declaration of Independence)
Well, over the past few months we have heard a lot of sound bites like �Immigration is a privilege, not a right�. �We are a country of immigrants but we are also a country of laws.� We will see about that in moment when we look at history and find out how lawful immigration has historically been.
Let�s focus on one thing sorely missing from our community: The sense of entitlement.
A lot of employment based immigrants in this country, legally here, on H1, L1, J1 etc. have asked themselves, �What right do I have to ask for change in laws or relief from congress? I am not even a citizen. Lobby congress? As an alien? Are you kidding me? Do you want to get deported? Do you realize you are going �against� the Government?�
Therein comes the lack of sense of entitlement.
First of all, legally speaking, there is no distinction between the constitutional rights of citizens and the constitutional rights of those who are non-citizens � legal or illegal. (Non-citizens are also called �aliens�, but I refrain from using that word whenever I remember coz none of us look like characters of Star Wars and we are not green-headed animals with 6 limbs, so I don�t consider myself an alien just because I was born somewhere else on the same planet).
Second of all, as a person within the jurisdiction of the United States, the first amendment actually prohibits the congress from making any laws against stated rights � one of which is the right to petition the Government for redress of grievances. So not only its legal to do what we are doing, it unconstitutional to pass a law to make it illegal for us to petition (or lobby, advocate, litigate) government for a redress of grievances. And that first amendment isn�t changing, coz to change it, its going to need two-thirds of US congress and three-fourths of states to back it. And we all know, how lucky we are to have 51 senators agree on the fact that sun rises from the east.
Earned Right or Birthright?
The fact that you are here and you are here legally and working with the system to earn immigration is something you should be proud of. Not guilty of. If you treat yourself as guests, the government will treat you like a guest. I would rather treat myself two times the citizen. Why, coz it simply much harder to earn a citizenship than to be born into it. I believe that not only we deserve fair and speedy immigration, but also when we do become citizens we should have the privilege to give two votes in elections. Now, I am not trying to display chutzpah here. I am going to back up my claim with reason. See, a lot of us came here 5-10 years ago with almost no money. Many of us never received any formal education in America. However, we have been able to survive and keep a job in this country, even during the stock market crash of 2001 and the economic recession after that. No small feat. We are the last ones to leave the office at night (Actually, that is true for both legal and illegal workers, coz the legal computer programmer is still coding Java at 7:00 PM while the illegal janitor starts vacuuming the office). We relocate across states as-if its relocating 2 traffic lights away. We adapt to different employers, we adapt to all employers. And all these without driving down the wages. Yes, it�s true. We don�t depress the wages and we don�t steal jobs and the labor certification is designed to prevent that and it�s working. We all know how great its working and how intense the process is, especially those who are stuck in Philly and Dallas backlog creation centers.
So, to sum it up, we have twice to right to petition the government for a redress of grievances, twice the right to everything. It�s an earned right, not a birthright. Our natural instinct should be to exercise the rights we have earned. If we cannot do it now, we are not going to really make anything out of citizenship of Greencard that we are pursuing.
And coming back to the sound bites about privileges and �Nation of laws� coming out of Washington today, let me say this: The pilgrims, who dropped anchor near Cape Cod in 1620 didn�t go through a port of entry and get their passports stamped and their I-94s stapled. I don�t think the Indians were waiting at the coast of Virginia to stop immigrants. They just came. And they settled. And they called it home. No priority dates. No visa bulletins.
So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops. Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.
�Our ancestors ... possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them.�
� Thomas Jefferson (1743�1826, 3d President of the United States, author of the Declaration of Independence)
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chaukas
09-17 06:00 PM
Pls include letter to Ombudsman in the voting options.
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waitingGC
02-06 03:56 PM
How long will it probably take for China EB2 to move to August 2005? It's now in April 2005. Any idea?
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pncool01
08-09 05:25 PM
Wooooooooohoooooooooooooo...
I received a sms saying that my case status has been updated (weird they sent it @ 9:25 pm PT). I was like here comes another biometrics appointment... but still let's check the status online. To my surprise and by god's grace, case status was changed to "Card/Document Production" (still cannot believe it). I dunno what triggered this but i did contact my Congressman yesterday. My wife's status has also changed to "decision" - should move to "Card production" soon.
My suggestion to all of you - please don't lose patience and do whatever you can from your end to expedite your case. It's your GC and you've to make sure you get it. Contact I/O, infopass and congressman/senator. Don't expect anything from your lawyers as they only care about money and it is in their best interest to see your case pending (more RFEs, EADs, APs, etc).
Thanks and all the best to all of you out there still waiting for your GC.
Praky
Congratulations and best of luck to you on this new journey. I was looking through forums today and saw that I have exactly the same issue as you. (even the email text was identical to what you posted). Can you please inform how you spoke to second level IO?
I plan to contact local congresswoman as well, was there a letter or something you faxed over to them?
Appreciate the guidance, thank you
I received a sms saying that my case status has been updated (weird they sent it @ 9:25 pm PT). I was like here comes another biometrics appointment... but still let's check the status online. To my surprise and by god's grace, case status was changed to "Card/Document Production" (still cannot believe it). I dunno what triggered this but i did contact my Congressman yesterday. My wife's status has also changed to "decision" - should move to "Card production" soon.
My suggestion to all of you - please don't lose patience and do whatever you can from your end to expedite your case. It's your GC and you've to make sure you get it. Contact I/O, infopass and congressman/senator. Don't expect anything from your lawyers as they only care about money and it is in their best interest to see your case pending (more RFEs, EADs, APs, etc).
Thanks and all the best to all of you out there still waiting for your GC.
Praky
Congratulations and best of luck to you on this new journey. I was looking through forums today and saw that I have exactly the same issue as you. (even the email text was identical to what you posted). Can you please inform how you spoke to second level IO?
I plan to contact local congresswoman as well, was there a letter or something you faxed over to them?
Appreciate the guidance, thank you
more...
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amitga
02-01 02:03 PM
In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.
Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.
Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.
In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.
Substituted labor has further added to this problem.
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.
Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.
In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.
Substituted labor has further added to this problem.
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
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Humhongekamyab
07-02 03:08 PM
I am not discouraging pople but aasking them to stand up. Only trying to gauge the leveel att which companies are affected.
I don't think DOL is very efficient in updating their list. Here is what I found through a google search http://www.usdoj.gov/eoir/vll/intdec/vol24/3580.pdf
http://www.usdoj.gov/usao/txs/releases/February%202007/070214-Huang.htm
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
I think out of these three only one is mentioned in the list.
Edit: Another one not in the list http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA14A.HTM
http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA10A.HTM
Sorry the list is endless:
http://www.visaportal.com/page.asp?page_id=175
I don't think DOL is very efficient in updating their list. Here is what I found through a google search http://www.usdoj.gov/eoir/vll/intdec/vol24/3580.pdf
http://www.usdoj.gov/usao/txs/releases/February%202007/070214-Huang.htm
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
I think out of these three only one is mentioned in the list.
Edit: Another one not in the list http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA14A.HTM
http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA10A.HTM
Sorry the list is endless:
http://www.visaportal.com/page.asp?page_id=175
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amulchandra
04-01 09:10 PM
Hi when485,
Our PDs are close.Mine is jul-06 eb3/I. My family's all 485s had a soft LUD on 03/31/2009 and today 04/01/2009. I am thinking it could be because of 2nd finger print notices for our family.
Our PDs are close.Mine is jul-06 eb3/I. My family's all 485s had a soft LUD on 03/31/2009 and today 04/01/2009. I am thinking it could be because of 2nd finger print notices for our family.
ps57002
12-01 06:56 PM
how about being a monthly charge of some amount to be members who can post/respond. Others can read but not post. This way you will know exactly how many paid members you have and amount you can expect monthly
add78
04-27 03:46 PM
Below is the text for Waivers.. My understanding is that if end Client gives a letter to DOL stating that they don't layoffs due to this H1B and it is a temp. labor requirement etc.. It is still harsh considering anti-immigration climate.. What is feared asked in a Visa interview will be asked by DOL for extensions. So, H1B can't be on an auto-pilot mode..
``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.
the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.
In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.
``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.
the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.
In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.