apnair2002
04-12 03:34 PM
>>>>>>>>>>>>>>>>>>>>Please contribute to immigration voice...
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chanduv23
04-26 09:04 AM
Point based system!!!! Is this is joke???? Tell me this is not true and this is just a bad dream, please!!!!
Let�s see what a point based system has done to people..... Whom do we have here, a doctor, an engineer and one MBA. OK!!! Lets see what Point based system did to these guys -
Doctor
http://www.youtube.com/watch?v=EX6h-Ut-ZaE
Engineer
http://www.youtube.com/watch?v=lCkmtQ4um9w
MBA
http://www.youtube.com/watch?v=ZP9cQelrmc0
No offense to anybody from Canada. I am simply trying to illustrate the rationale about the GREATEST IDEA OF THE CENTURY, THE SILVER BULLET, THE FINAL FRONTIER TO ALL IMMIGRATION PROBLEMS - "point based system"!!!!! Oh really???
As such, Canada does not really have as many jobs as in US. Offcourse it is a fact that PhD and Doctors drive cabs in Canada because they can't find jobs, but someone who is not a US citizen finds a good job in USA because it is simply the land of opportunities.
I am not saying points system is the best, but opportunities play an important role and thats why US has so many jobs compared to other countries, though so many jobs are outsourced. There is always growing demand and the economy is huge and accomodative.
Canada on the other hand is still slow to add jobs it the pace America does because of the lack of infrastructure (As I have not been in Canada, I don't have much information on how things work, but I know for sure that getting jobs is very difficult)
We must have a seperate thread on merits and demerits of points based system over the existing system and the issues being faced in countries like Canada etc..
Let�s see what a point based system has done to people..... Whom do we have here, a doctor, an engineer and one MBA. OK!!! Lets see what Point based system did to these guys -
Doctor
http://www.youtube.com/watch?v=EX6h-Ut-ZaE
Engineer
http://www.youtube.com/watch?v=lCkmtQ4um9w
MBA
http://www.youtube.com/watch?v=ZP9cQelrmc0
No offense to anybody from Canada. I am simply trying to illustrate the rationale about the GREATEST IDEA OF THE CENTURY, THE SILVER BULLET, THE FINAL FRONTIER TO ALL IMMIGRATION PROBLEMS - "point based system"!!!!! Oh really???
As such, Canada does not really have as many jobs as in US. Offcourse it is a fact that PhD and Doctors drive cabs in Canada because they can't find jobs, but someone who is not a US citizen finds a good job in USA because it is simply the land of opportunities.
I am not saying points system is the best, but opportunities play an important role and thats why US has so many jobs compared to other countries, though so many jobs are outsourced. There is always growing demand and the economy is huge and accomodative.
Canada on the other hand is still slow to add jobs it the pace America does because of the lack of infrastructure (As I have not been in Canada, I don't have much information on how things work, but I know for sure that getting jobs is very difficult)
We must have a seperate thread on merits and demerits of points based system over the existing system and the issues being faced in countries like Canada etc..
bkarnik
06-13 03:15 PM
More shocking information: (pg. 51 of the PDF document)
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers. As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers. As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
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mrajatish
03-28 09:22 AM
I understand it is a mess and I never suggested it should not be solved. However, I know a lot of my friends in PBEC who will apply PERM (pri dates 2003/04) if the pri dates for India became current.
And I am myself stuck in Dallas BEC which is not even taking a look at State cases. And yes, if EB2 became current, I will file another labor in a jiffy. So, yes, it is a mess there but we got to look for avenues out of it.
I am , in no way, suggesting that we should not support PBEC overhaul if thats what it takes to get labor approved. But right now, Comprehensive Immigration bill is about GC and H1 numbers for us, it will not deal with labor backlog, USCIS backlog etc. So, what do we do now - should we raise an issue that politicians will hear, but not act on, or do we raise a red-hot issue of what hard country limits will do and there is a fair chance it might be acted upon?
I hope you do not misunderstand this.
And I am myself stuck in Dallas BEC which is not even taking a look at State cases. And yes, if EB2 became current, I will file another labor in a jiffy. So, yes, it is a mess there but we got to look for avenues out of it.
I am , in no way, suggesting that we should not support PBEC overhaul if thats what it takes to get labor approved. But right now, Comprehensive Immigration bill is about GC and H1 numbers for us, it will not deal with labor backlog, USCIS backlog etc. So, what do we do now - should we raise an issue that politicians will hear, but not act on, or do we raise a red-hot issue of what hard country limits will do and there is a fair chance it might be acted upon?
I hope you do not misunderstand this.
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map_boiler
07-06 12:42 PM
If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.
rsharma
10-11 12:58 PM
My earlier comment was in reply to the comments from the member BharatPremi. I had wrongly quoted the comments from the member - buddyinsfo.
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styrum
02-08 08:25 PM
So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:
- MS+0 / No BS requirement
- MS+0 / BS+5
And by better I mean less chance of an audit or proof of business necessity requirements.
I am afraid I am missing something. According to the worst case interpretation you can't require more than 2 years even for BS for zone IV.
Can somebody remind me how BSs can still qualify for EB2? I heard this BS+5, but don't see how it can fit into zone IV and qualify for EB2
It looks to me the only way for zone IV would be MS + 0.
I am still puzzled why DOL accused me of having only 5 yrs of SVP on my first PERM. There I required MS+5 (stupid me - hoped to supply "business neccessity" later), which means 9. But they didn't say "you put 9" they said "you put 5" on the denial notice!
Per 9089 instruction for Section H, item 5: "Do not duplicate the time requirements." So one would think experience is counted separately.
Do they not follow their own rules?
- MS+0 / No BS requirement
- MS+0 / BS+5
And by better I mean less chance of an audit or proof of business necessity requirements.
I am afraid I am missing something. According to the worst case interpretation you can't require more than 2 years even for BS for zone IV.
Can somebody remind me how BSs can still qualify for EB2? I heard this BS+5, but don't see how it can fit into zone IV and qualify for EB2
It looks to me the only way for zone IV would be MS + 0.
I am still puzzled why DOL accused me of having only 5 yrs of SVP on my first PERM. There I required MS+5 (stupid me - hoped to supply "business neccessity" later), which means 9. But they didn't say "you put 9" they said "you put 5" on the denial notice!
Per 9089 instruction for Section H, item 5: "Do not duplicate the time requirements." So one would think experience is counted separately.
Do they not follow their own rules?
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mihird
09-15 12:11 PM
Like the other guy you said, I have an equity of 200,000 in one house and 50,000 in other house. I still don't have green card. I have around 300,000 in
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
That is exactly the reason why I purchased my 3rd house (additional $125000 in equity) overseas in my home country. So that I don't have to live with the feeling of having all my eggs in this country.
For now, it servers the purpose of giving me that secure feeling of not having all eggs here. Later on, it can become a retirement house.
Again, its all about planning...
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
That is exactly the reason why I purchased my 3rd house (additional $125000 in equity) overseas in my home country. So that I don't have to live with the feeling of having all my eggs in this country.
For now, it servers the purpose of giving me that secure feeling of not having all eggs here. Later on, it can become a retirement house.
Again, its all about planning...
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netappgc
10-26 04:30 PM
I am happy to see both guys comments i.e shimul99 & vkkkk
These statement gives some possitive streanth....as all of us are going some phase...
May we hear the some good news before end of December 2007
:)
These statement gives some possitive streanth....as all of us are going some phase...
May we hear the some good news before end of December 2007
:)
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rockstart
03-19 02:43 PM
As per my understanding there is nothing much USCIS can do in terms of creating laws since that is what only Congress can do. Only thing that CIS can do is efficiently use the 140K visa numbers allocated. So the only issue for backlogged folks is how CIS uses the spill over numbers. Till 2007 these visa numbers went to EB3 but we still see that Eb3 is struck in 2001 levels. Where as just one year of giving it to EB2 moved them to 2006 and then brought back to 2004 levels. I feel the only help of EB3 is recapture of visa # or removal of country limits anything else will fall short of any help needed.
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h1techSlave
07-10 11:06 AM
let us not forget in that case the British were on Indian soil, here we are doing Gandhigiri in another
country ON THEIR SOIL!!
I have read Gandhi's autobiography. He clearly explains that he first tried and succeeded using his manthra of passive resistance in South Africa against appalling treatment of Indian workers. They were on 'H1B' in South Africa and were treated worse than stray dogs. Gandhi fought against that and had some success.
So the idea of passive resistance DOES work in a foreign land. We are fighting against injustice. Even H1B folks have some fundamental human rights, whether we are in a foreign country or not.
Cheers,
h1techSlave
country ON THEIR SOIL!!
I have read Gandhi's autobiography. He clearly explains that he first tried and succeeded using his manthra of passive resistance in South Africa against appalling treatment of Indian workers. They were on 'H1B' in South Africa and were treated worse than stray dogs. Gandhi fought against that and had some success.
So the idea of passive resistance DOES work in a foreign land. We are fighting against injustice. Even H1B folks have some fundamental human rights, whether we are in a foreign country or not.
Cheers,
h1techSlave
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senthil1
07-04 12:18 PM
Will it really create ablity to pay issue when an employer keeps many I140s without pay and create a problem for future Gc processing? If that is really an issue then cancelling I140 is not retaliation. People can post their views.
You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
more...
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sorcerer666
04-21 02:14 PM
The onus lies on you to do the needful not US Government or IV. I have known people who left their well established career to take care of their folks. You are looking for the solution to your problem on this message board, however you need not look this far. Enough said.
Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??
Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??
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pankaj_n
04-20 10:03 AM
That's ridiculous :rolleyes: So did you pursue with MTR or filing in EB3?
As i said lawyer told me that no use of MTR. We went with EB3 and now i am on EB3 train with I-140 approved. I was wondering that can i re-appeal now after 2 years .
As i said lawyer told me that no use of MTR. We went with EB3 and now i am on EB3 train with I-140 approved. I was wondering that can i re-appeal now after 2 years .
more...
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pd052009
03-09 11:39 AM
When I saw the post from Pappu, I thought we have some good news in this bulletin. I was wrong.. We need to do some back ground work(lobbying) before expecting some good news.
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03-27 10:55 AM
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ns007
04-28 10:22 PM
04/28/2007: Sen. Hagel's Immigrant Accountability Act of 2007, S.1225, and Point System for Legalization
The Senater has released the skeleton of this bill that provides for legalization of illegal aliens as part of his Comprehensive Immigration Reform legislation proposal. This is a companion bill to his High-Tech Worker relief proposal. Supposedly, S. 1225 is to cover the illegal immigration issues and the High-Tech worker relief bill is to cover the legal immigration issues.
It is uncertain the point system the House Judiciary Subcommittee is scheduled to have a hearing on 05/03/2007 is limited to the legalization legislation or overhaul of the total immigration system. If it is limited to the legalization, we would not necessarily oppose to the idea, but it involves overhaul of the entire immigration systemn, we would strongly oppose to such point system.
The point system which Senator explained in the press release in S. 1225 includes the following:
� Military Service (after meeting initial qualifications for adjustment)
� Advanced English proficiency
. Civic Engagement � significant community service work (religious or secular), a clean criminal record, and on time payment of income taxes for past work
� Business ownership (which employs at least 2 unrelated �legal� workers)
� Home ownership
� Work History (points for each year of work an alien can prove) (Like Hagel/Martinez)
� Education (additional points for all levels of education)
� U.S. Presence (points for length of time in the U.S.) (Like Hagel/Martinez)
� U.S. Citizen/Permanent Resident Spouse or minor child
(A)Basic Points FACTOR POSSIBLE POINTS
Work :The range of points is based on the number of years a person has worked in the U.S. (Up to 5 points per year possible.) 15-30
Education :An alien may earn minimal points for primary school, additional points for high school or obtaining a GED, or skilled trade license. 15-30
Family: A person may earn points for having a U.S. citizen child; additional points may be awarded for a U.S. citizen/legal resident spouse. 10-20
English: The range of points is based on level of proficiency - the more fluent, the more points. 5-15
Civic Engagement :Points may be earned for community service, having no criminal or civil infractions, and on time payment of taxes. 5-20
U.S. Presence: The range of points is based on the number of years a person has lived in the U.S. (Up to 5 points per year possible.) 10-12
Total Possible Points: Specific point values will be determined by regulation. 60-127
An alien must earn 65% of available Basic Points to eventually qualify for a green card and citizenship.
(B)Extra Credit Points :Extra points may be awarded to those immigrants who have made exceptional contributions. FACTOR POINTS
U.S. Military Service :Points for being eligible for honorable discharge. Up to 20
Business Ownership :Points awarded if business is sustained for 18 months and alien employs at least 2 non-relative employees. Up to 10
Advanced Education: Points for college degree or advanced degree. Up to 15
Home Ownership :Up to 5
Other Circumstances: There will be factors that we are unable to anticipate at this time. These factors, and the points to assign to them, are at the discretion of the Secretary of Homeland Security. Up to 20
The Senator is expected to release the summary of his bill. The full text of the bill will also be published sometime next week. Please stay tuned. Until that time, please refer to the Senator's presss release.
The Senater has released the skeleton of this bill that provides for legalization of illegal aliens as part of his Comprehensive Immigration Reform legislation proposal. This is a companion bill to his High-Tech Worker relief proposal. Supposedly, S. 1225 is to cover the illegal immigration issues and the High-Tech worker relief bill is to cover the legal immigration issues.
It is uncertain the point system the House Judiciary Subcommittee is scheduled to have a hearing on 05/03/2007 is limited to the legalization legislation or overhaul of the total immigration system. If it is limited to the legalization, we would not necessarily oppose to the idea, but it involves overhaul of the entire immigration systemn, we would strongly oppose to such point system.
The point system which Senator explained in the press release in S. 1225 includes the following:
� Military Service (after meeting initial qualifications for adjustment)
� Advanced English proficiency
. Civic Engagement � significant community service work (religious or secular), a clean criminal record, and on time payment of income taxes for past work
� Business ownership (which employs at least 2 unrelated �legal� workers)
� Home ownership
� Work History (points for each year of work an alien can prove) (Like Hagel/Martinez)
� Education (additional points for all levels of education)
� U.S. Presence (points for length of time in the U.S.) (Like Hagel/Martinez)
� U.S. Citizen/Permanent Resident Spouse or minor child
(A)Basic Points FACTOR POSSIBLE POINTS
Work :The range of points is based on the number of years a person has worked in the U.S. (Up to 5 points per year possible.) 15-30
Education :An alien may earn minimal points for primary school, additional points for high school or obtaining a GED, or skilled trade license. 15-30
Family: A person may earn points for having a U.S. citizen child; additional points may be awarded for a U.S. citizen/legal resident spouse. 10-20
English: The range of points is based on level of proficiency - the more fluent, the more points. 5-15
Civic Engagement :Points may be earned for community service, having no criminal or civil infractions, and on time payment of taxes. 5-20
U.S. Presence: The range of points is based on the number of years a person has lived in the U.S. (Up to 5 points per year possible.) 10-12
Total Possible Points: Specific point values will be determined by regulation. 60-127
An alien must earn 65% of available Basic Points to eventually qualify for a green card and citizenship.
(B)Extra Credit Points :Extra points may be awarded to those immigrants who have made exceptional contributions. FACTOR POINTS
U.S. Military Service :Points for being eligible for honorable discharge. Up to 20
Business Ownership :Points awarded if business is sustained for 18 months and alien employs at least 2 non-relative employees. Up to 10
Advanced Education: Points for college degree or advanced degree. Up to 15
Home Ownership :Up to 5
Other Circumstances: There will be factors that we are unable to anticipate at this time. These factors, and the points to assign to them, are at the discretion of the Secretary of Homeland Security. Up to 20
The Senator is expected to release the summary of his bill. The full text of the bill will also be published sometime next week. Please stay tuned. Until that time, please refer to the Senator's presss release.
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GCBy3000
05-28 06:59 PM
Simple. COntribute to IV and work as a team. Are you ready?
This is so outrageous! :mad:
What can legals do then to change the situation? :confused:
This is so outrageous! :mad:
What can legals do then to change the situation? :confused:
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thomachan72
05-29 07:20 AM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
lakshman.easwaran
07-01 09:46 PM
Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.
mpadapa
10-11 07:19 PM
How long does it take for ppl to make up their mind on a casual get together??
Come on folks participate in this poll and drop in for the meet. If I can make it to the meet by commuting for almost 2 hrs (one way) what is stopping folks who are working few subways stops away from penn st or GCT :confused:
Come on folks participate in this poll and drop in for the meet. If I can make it to the meet by commuting for almost 2 hrs (one way) what is stopping folks who are working few subways stops away from penn st or GCT :confused:
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