vkrishn
07-28 03:16 AM
Can't make a a statement without getting personal eh? and people are getting under your skin..:D.. no wonder you can take the fact.. and probably the only thing you learnt from being in the Amway gang is to make these rants.. I am much better off than the begging the Amway guys (or rather WIMPS) do and get behind us everywhere so that they can show us how to become millioinaires..What a joke! :D
Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.
Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.
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chanduv23
02-13 10:48 PM
Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.
Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.
Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.
Lets see how the discussions move.
Can we walk the talk?
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.
Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.
Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.
Lets see how the discussions move.
Can we walk the talk?
perm2gc
10-04 06:44 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...
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sumagiri
07-23 02:23 PM
I did some analysis on numbers used at thread
http://immigrationvoice.org/forum/showthread.php?t=20098
(post 1 and 60)
Used visa number is 120-130K (until July end including CP allocation for the year). If we assume there are 171k visa for this year (vldrao analysis) we are close to 40K visa pending.
Again no one has enough data to predict accurately the numbers, but it should be between 15-45K for Aug/Sept. Since EB1 and EB2-ROW was current most of the time, i would guess a large portion of this number should rollover to EB2 India/China.
There is an excellent analysis. Great job !. However , there is a little contradiction in the analysis. There are 171,000 visas (as said in the post) because there is a spill over from FB to EB. This spill over should also go to EB3. In that case EB3 should open up for its 28.6% share. If that happens, again there will be lot of recalculations. Got my point !.
Any way, one thing that we all agree is that EB2 got excellent share this year and has very good chance to become current soon. Being in EB2, that is a good for you & me.
http://immigrationvoice.org/forum/showthread.php?t=20098
(post 1 and 60)
Used visa number is 120-130K (until July end including CP allocation for the year). If we assume there are 171k visa for this year (vldrao analysis) we are close to 40K visa pending.
Again no one has enough data to predict accurately the numbers, but it should be between 15-45K for Aug/Sept. Since EB1 and EB2-ROW was current most of the time, i would guess a large portion of this number should rollover to EB2 India/China.
There is an excellent analysis. Great job !. However , there is a little contradiction in the analysis. There are 171,000 visas (as said in the post) because there is a spill over from FB to EB. This spill over should also go to EB3. In that case EB3 should open up for its 28.6% share. If that happens, again there will be lot of recalculations. Got my point !.
Any way, one thing that we all agree is that EB2 got excellent share this year and has very good chance to become current soon. Being in EB2, that is a good for you & me.
more...
okuzmin
07-11 07:33 PM
Bud,
TN is just a modified H1B. You need to have an employer, your wife will be on a TD and worse, you gotta renew it every year across the border.
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.
Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.
With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
TN is just a modified H1B. You need to have an employer, your wife will be on a TD and worse, you gotta renew it every year across the border.
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.
Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.
With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
chanduv23
06-08 11:03 AM
Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.
For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
more...
hiralal
06-12 10:33 PM
since we are not having any campaigns to help ourselves ..let us have a campaign to expose the L1 / EB1 visa / GC fraud !!
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Legal
07-25 02:08 PM
A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.
They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.
They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.
more...
nixstor
09-23 02:17 PM
Please keep sending those emails. IV is nothing but I + WE
Those of you who have homes and think this is unfair to you, I can understand your vantage point of being excluded. But there is a clear indirect consequence of such a legislation. I would say, Who ever bought the home bought the home with an intention of making US their permanent home. Some one else would say, I know guys who bought 2 homes. Its all greed and nothing else. So lets not go there.
None of them knew that FNM & FRE will be gobbled up by Fed, Lehman will go under after 158 years, AIG will be owned 80% by the gov and ML would be sucked up for peanuts. If they had a slightest inkling they would not have bought a home.
The problem is we have a glut of homes on the market. There are a bunch of people who can invest but do not want to because of the uncertainty they are facing. No doubt every one has uncertainty. Imagine a law maker's perspective (not mine or IV's) on exempting some one from the numerical limits, if he/she does not help reduce the number of houses by 1. All that matters at the negotiating table is whether this helps the housing markets or not.
As some one said, this is not the senate/house floor. If such legislation were to be enacted congress will design a lot of preconditions to be met. (legal and financial) We cannot dilute the message to start with. There was a good amount of discussion about this "already own a home" issue before the whole thing appeared on the website. Its in our best interest we start from here.
Its easy to sit down here and write what is fair and what is unfair. What really matters in the end is whether we can sell our pitch and make it palatable to lawmakers. Please stop enumerating all the unfair events in the EB immigration process. It just does not get any where.
If you don't like the idea thats fine. But please refrain from posting nasty and dirty comments on my profile. Not that I care about reputation, The usage of such words is totally unasked for.
Those of you who have homes and think this is unfair to you, I can understand your vantage point of being excluded. But there is a clear indirect consequence of such a legislation. I would say, Who ever bought the home bought the home with an intention of making US their permanent home. Some one else would say, I know guys who bought 2 homes. Its all greed and nothing else. So lets not go there.
None of them knew that FNM & FRE will be gobbled up by Fed, Lehman will go under after 158 years, AIG will be owned 80% by the gov and ML would be sucked up for peanuts. If they had a slightest inkling they would not have bought a home.
The problem is we have a glut of homes on the market. There are a bunch of people who can invest but do not want to because of the uncertainty they are facing. No doubt every one has uncertainty. Imagine a law maker's perspective (not mine or IV's) on exempting some one from the numerical limits, if he/she does not help reduce the number of houses by 1. All that matters at the negotiating table is whether this helps the housing markets or not.
As some one said, this is not the senate/house floor. If such legislation were to be enacted congress will design a lot of preconditions to be met. (legal and financial) We cannot dilute the message to start with. There was a good amount of discussion about this "already own a home" issue before the whole thing appeared on the website. Its in our best interest we start from here.
Its easy to sit down here and write what is fair and what is unfair. What really matters in the end is whether we can sell our pitch and make it palatable to lawmakers. Please stop enumerating all the unfair events in the EB immigration process. It just does not get any where.
If you don't like the idea thats fine. But please refrain from posting nasty and dirty comments on my profile. Not that I care about reputation, The usage of such words is totally unasked for.
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reddy77
09-23 02:10 PM
Yes, mine was approved a month back without any hassles and bought the home ....
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
more...
EndlessWait
10-07 06:36 PM
lets get the message to congress!
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walking_dude
02-13 01:57 PM
I know that, I was part of it. Lawsuit will require more than that amount if it gets protracted. Keeping the money angle apart, how many are ready to put their names on the plaintiff list?
We (MI chapter) tried to get two members who were impacted to participate in a lawsuit filed by another organization. It was free for them, they didn't have to pay a dime. Guess what, both of them bailed out at the last moment.
I'm not discouraging anyone here. Someone please conduct a poll on contribution pledges, and active participation. Then we will get an approximate understanding of how much we can raise, and how many are willing to have their name on the the lawsuit.
Show me the money!
But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.
We (MI chapter) tried to get two members who were impacted to participate in a lawsuit filed by another organization. It was free for them, they didn't have to pay a dime. Guess what, both of them bailed out at the last moment.
I'm not discouraging anyone here. Someone please conduct a poll on contribution pledges, and active participation. Then we will get an approximate understanding of how much we can raise, and how many are willing to have their name on the the lawsuit.
Show me the money!
But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.
more...
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hopefulgc
02-14 03:38 PM
damn.. lazycis you are good... its a winning precedent.
would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
:)
---------------------------
Originally Posted by lazycis View Post
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
:)
---------------------------
Originally Posted by lazycis View Post
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
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ilwaiting
10-05 09:03 AM
Check this out. http://www.notcanada.com/
more...
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hiralal
06-01 07:28 PM
ss benefits when we retire is such a long way away ..who knows what the situation will be that time ..US just needs a law change and ss benefits can be denied at that time ,,,so it makes more sense to discuss and act on recapture rather than waste time on something that will occur is 2025 or later ..just a thought
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la6470
01-15 06:05 PM
Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".
However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.
However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.
more...
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nozerd
05-13 10:21 AM
If the Judge things your staying out was unreasonable, PR will be cancelled and you will be asked to leave the country. If you do not leave the country voluntarily you will be deported.
I have heard Canadian Immigration officers are best swayed with reasons that involve a child. So if you had a child either just before or after becoming PR you can give the reason that you didnt wnat to move the child so soon after its birth, you wanted continuation of the Dr etc.
Thanks nozerd.
Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.
Thanks again.
I have heard Canadian Immigration officers are best swayed with reasons that involve a child. So if you had a child either just before or after becoming PR you can give the reason that you didnt wnat to move the child so soon after its birth, you wanted continuation of the Dr etc.
Thanks nozerd.
Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.
Thanks again.
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hiralal
06-15 09:36 PM
Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
I am guessing that your intention is good but the advice is BAD (to put it mildly).
Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate
I am guessing that your intention is good but the advice is BAD (to put it mildly).
Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate
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unitednations
02-17 11:47 AM
This argument does not have much merit. You are confusing diversity with skills - if those friends, cousins etc. meet the job requirements, there is no issue in hiring them for open positions. You are asking us to believe that a country that does not believe in affirmative action in the job market and depends on voluntary action by employers to enhance diversity cares about any of this when it comes to immigration.
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.
If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.
In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.
Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.
From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.
One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.
Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.
You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.
This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.
If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.
In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.
Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.
From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.
One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.
Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.
You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.
This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
old_hat
05-03 01:28 AM
[QUOTE=newtoearth;338494]Dear dreamworld I am an Indian (period)
I am who wants to see my fellow indians and country free from trrorism Either Islamic or Tamil or any other kind...
"I am Indian (Period)" this what all Srilankans posting in Indian or Public forum say.
Second ... Why do you call Tamil as terrorist, we do not have Tamil terrorism in India .... you have gotten everything wrong in your head .... we all are talking about Srilankan Tamil civilians not the LTTE. You better get it straight we are only talking about the humanitarian crisis faced by the Srilankan Tamils if you get it mixed up its your problem.
Pls refrain from posting any hate message about Tamils in this forum.
Dude you are missing his point. He did not call Tamils terrorists. he called LTTE terrorists and that is TRUE in all senses of the word.
I am who wants to see my fellow indians and country free from trrorism Either Islamic or Tamil or any other kind...
"I am Indian (Period)" this what all Srilankans posting in Indian or Public forum say.
Second ... Why do you call Tamil as terrorist, we do not have Tamil terrorism in India .... you have gotten everything wrong in your head .... we all are talking about Srilankan Tamil civilians not the LTTE. You better get it straight we are only talking about the humanitarian crisis faced by the Srilankan Tamils if you get it mixed up its your problem.
Pls refrain from posting any hate message about Tamils in this forum.
Dude you are missing his point. He did not call Tamils terrorists. he called LTTE terrorists and that is TRUE in all senses of the word.
neverbefore
09-23 12:02 PM
Applause!
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