akred
08-06 01:26 PM
Seems to me that the problem as usual is that too many people qualify for EB2 thus slowing down "genuine" cases.
The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.
In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)
But this is a very draconian measure and hopefully does not come into play.
The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.
In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)
But this is a very draconian measure and hopefully does not come into play.
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jvordar
08-03 12:36 AM
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
inspectorfox
03-23 03:23 AM
Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.
I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.
I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -
1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
2) Rent the house (I don't think this should be a problem... LOCATION is the key)
3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)
Does anyone have a better backup plan? Please share here :)
I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.
I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -
1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
2) Rent the house (I don't think this should be a problem... LOCATION is the key)
3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)
Does anyone have a better backup plan? Please share here :)
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Dipika
08-05 09:04 AM
Friends,
I need to find out how many people are interested in pursuing this option, .....
Why ppl jump from EB3 to EB2? because EB3 backlog is huge and they are waiting since 4/5 yrs to get GC.
if these 4/5 yrs experience added, then they are eligible for EB2.
To stop jump from Eb3 to EB2 best way is to make EB2 current, so EB3 start getting GC and they stop comming to EB2.
So Lets put efforts to clear backlog, which IV is doing rather differenciating our friends based on different categories.
we should do progress togather. Remember we are I + We (IV).
I need to find out how many people are interested in pursuing this option, .....
Why ppl jump from EB3 to EB2? because EB3 backlog is huge and they are waiting since 4/5 yrs to get GC.
if these 4/5 yrs experience added, then they are eligible for EB2.
To stop jump from Eb3 to EB2 best way is to make EB2 current, so EB3 start getting GC and they stop comming to EB2.
So Lets put efforts to clear backlog, which IV is doing rather differenciating our friends based on different categories.
we should do progress togather. Remember we are I + We (IV).
more...
new2gc
03-24 04:42 PM
No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?
How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.
Now, we are in trouble and so stop finger pointing and give any good advise if you can.
FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?
How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.
Now, we are in trouble and so stop finger pointing and give any good advise if you can.
FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.
vamsi_poondla
10-01 04:17 PM
This is off-topic..but you need to think of small businesses that keep wages for < 10 employees etc in their accounts.
Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.
Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.
Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.
Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.
more...
waitnwatch
08-05 03:11 PM
Seems like a lot of emotions running high on this thread!
Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.
Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.
Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.
Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.
Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.
Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.
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NeverEndingH1
12-17 04:05 PM
. . . But you are blinded so much with hate. The '485 Approved' thread was started on 12-10-2008. My handle was not created on that day!
I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.
I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.
more...
learning01
05-17 12:39 PM
we could not prevent your postings. Lou Dobbs is fould mouth. Please answer my direct questions:
Can you quote or tell when Lou Dobbs has highlighted our side of the story. Why now? A passing line. It is to support his premise of the article.
So, leave Lou and other foul moths alone. Don't dance with them.
We need focus and we have no focus groups. These forums in IV are the focussed forums for us. So, I suggested that we need to concentrate our efforts and channel them. That's my point.
Your conclusion otherwise is childish and please grow up. I am not from the core group. Call it whatever you want. But stick to the focus and reach the goal.
Why are members on this forum so
Can you quote or tell when Lou Dobbs has highlighted our side of the story. Why now? A passing line. It is to support his premise of the article.
So, leave Lou and other foul moths alone. Don't dance with them.
We need focus and we have no focus groups. These forums in IV are the focussed forums for us. So, I suggested that we need to concentrate our efforts and channel them. That's my point.
Your conclusion otherwise is childish and please grow up. I am not from the core group. Call it whatever you want. But stick to the focus and reach the goal.
Why are members on this forum so
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alterego
10-03 04:03 PM
Have you seen any other politician talk about the lengthy and expensive process of LEGAL immigrants? Obama has spoken about this in an interview. Now, I know here you will want to make the differential between EB and FB immigration and what he means. I am aware of this distinction, however never have I heard a single word from the Republican side about the grossly unfair situation of lengthy greencard backlogs. The fact is EB immigration will not be modified in a vacuum and the conservative republicans will always block any relief for us, no matter what.
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BharatPremi
03-26 04:31 PM
I posted a few messages in another thread on macroeconomic issues. As you found out, a lot of people don't understand the severity of credit crunch. If you have lot of cash, yes you have a big advantage, go and invest. Even if you get it wrong for next 5 years, you will be ok.
But for people who want to do this on borrowed money, credit crunch will hit you. The credit crunch will get worse. Whole mortgage industry will change, things will tighten. This just means something has to give up, which is house price.
If you are already not in a house, wait as you might be able to buy at much lower prices. Jump into RE as investment now only if you have enough cash to sustain upto 30% drop in home prices !!
So what do you advise, is it right time to refinance or wait it out and why?
But for people who want to do this on borrowed money, credit crunch will hit you. The credit crunch will get worse. Whole mortgage industry will change, things will tighten. This just means something has to give up, which is house price.
If you are already not in a house, wait as you might be able to buy at much lower prices. Jump into RE as investment now only if you have enough cash to sustain upto 30% drop in home prices !!
So what do you advise, is it right time to refinance or wait it out and why?
more...
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rockstart
07-15 08:04 AM
Exactly I am trying to understand what pani_6 wants to really say. If DOL rejected their labor there must be some official reasons given and I am sure it will never be that economy is slow. If that is the case they would have put complete freeze on Eb2 and Eb1 category. I think the letter is factually incorrect and misleading
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
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bajrangbali
06-21 08:48 PM
When it comes down to both GC & MTR denial...all is not lost as long as you have not put a lot of money down on the house. You could get back your 5% down payment worth in abt an year and after that mortgage would be the same as rent you would be paying living in an apt. Assumption here is, your mortgage is close to rent payment. If you have to leave, then just leave without the burden of having lot of money invested in the house. If you are still thinking abt 5%..just max out all your cards and have a blast :cool::cool:
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apb
10-01 05:45 PM
Engg from top school in India + MBA + CFA started the process of GC in 2000. Lost first round of GC in the black hole of backlog processing center and restarted again in 2004. Never was out of job even in the worst of economy and always got good pay from company.
CIR was a disappointment and I took PR from Canada since I lost hope with the system after 9 years in limbo and being a probationary worker without any career hope. My wife with her masters in computer had to remain on H4 for long and now when we have EAD we thought we could be a little better off, the broken system in USCIS again came up during EAD extension processing and gave us a jolt. EAD finally gets approved after several SRs, Infopass and ombudsman mail but only after the current one expires. If 90-120 were not enough, then at least allow EAD extension to be filed much before in advance.
H1B extension can work based on Receipt notice, 485 is filed based on EB and EAD extension applied based on pending EB based 485--BUT we can work only after we get the EAD in hand. Why? There are many gaps in the way USCIS works and there is no credible transparency for the fee that we pay to get the service.
We love CHANGE but would that change be for better?
CIR was a disappointment and I took PR from Canada since I lost hope with the system after 9 years in limbo and being a probationary worker without any career hope. My wife with her masters in computer had to remain on H4 for long and now when we have EAD we thought we could be a little better off, the broken system in USCIS again came up during EAD extension processing and gave us a jolt. EAD finally gets approved after several SRs, Infopass and ombudsman mail but only after the current one expires. If 90-120 were not enough, then at least allow EAD extension to be filed much before in advance.
H1B extension can work based on Receipt notice, 485 is filed based on EB and EAD extension applied based on pending EB based 485--BUT we can work only after we get the EAD in hand. Why? There are many gaps in the way USCIS works and there is no credible transparency for the fee that we pay to get the service.
We love CHANGE but would that change be for better?
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gc28262
09-26 10:14 AM
Democrats will continue their push for CIR even after election.
Illegal immigrant numbers are in millions. Illegals are guaranteed vote banks for democrats. These illegals once legalized will permanently shift the political fortunes in favor of democrats.
If CIR is passed, we may not see another republican president in US history !
Illegal immigrant numbers are in millions. Illegals are guaranteed vote banks for democrats. These illegals once legalized will permanently shift the political fortunes in favor of democrats.
If CIR is passed, we may not see another republican president in US history !
more...
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bfadlia
01-07 11:26 AM
I participated in the "mumbai attacked" thread, but always tried not to give any analysis of the history because I sure don't have the background not belonging to the region..
yet I'm reading the darnest things here from people who apparently read 2 lines from wikipedia, copy and paste here then start talking like they know everything about the arab-israeli conflict and think they can analyze it..
The phrase foxnews and similar media have everyone parroting here is "Israel is surrounded by hostile arab countries that waged wars against it several times. Israel is always in self defense" Let's see..
1948: Israeli Irgun and Shtern gangs, the prototype of the israeli army were going village to village massacring palestinians to drive them out of their villages to annex them to newly created israel which they did.. arab nations who were mostly still under colonial influence sent their police-like forces to try to protect the palestinians, but of course they were no match for the mostly european WWII-veterans Israeli forces
1956: In a dispute between Egypt, Britain and France over the control of Suez canal that in no way involves Israel, Israel attacked Egypt and took control of Sinai peninsula until Soviets and US urged it to leave.
1967: Without a single bullet shot at Israel, it attacked Egypt, Syria, Jordan, Gaza and the west bank, occupying Egypt's Sinai, Syria's Golan heights, and annexing gaza, East Jerusalem and the west bank.
1973: Only time Arabs started the offensive, Egypt and Syria attacked to get back their occupied lands. Egypt managed to get part of Sinai, and got the rest through peace treaty. Syria failed and the golan is still occupied till this day.
1982: Israel invading Lebanon and occupying southern Lebanon till 2000.. Reason was meddling in a conflict between Palestinian refugees in Lebanon and Lebanese factions in which none of these parties attacked Israel.
60 years have passed with the civilized world issuing UN resolutions for israel to end its occupation and to let the millions of displaced Palestinians return to their homes inside israel and Israel rejecting them. Then we have the courage to blame the Palestinians for not taking it easy, accepting the miserable conditions israel imposed on them and firing their 7000 fire crackers that killed 4 people.. the ungrateful bastards!!
yet I'm reading the darnest things here from people who apparently read 2 lines from wikipedia, copy and paste here then start talking like they know everything about the arab-israeli conflict and think they can analyze it..
The phrase foxnews and similar media have everyone parroting here is "Israel is surrounded by hostile arab countries that waged wars against it several times. Israel is always in self defense" Let's see..
1948: Israeli Irgun and Shtern gangs, the prototype of the israeli army were going village to village massacring palestinians to drive them out of their villages to annex them to newly created israel which they did.. arab nations who were mostly still under colonial influence sent their police-like forces to try to protect the palestinians, but of course they were no match for the mostly european WWII-veterans Israeli forces
1956: In a dispute between Egypt, Britain and France over the control of Suez canal that in no way involves Israel, Israel attacked Egypt and took control of Sinai peninsula until Soviets and US urged it to leave.
1967: Without a single bullet shot at Israel, it attacked Egypt, Syria, Jordan, Gaza and the west bank, occupying Egypt's Sinai, Syria's Golan heights, and annexing gaza, East Jerusalem and the west bank.
1973: Only time Arabs started the offensive, Egypt and Syria attacked to get back their occupied lands. Egypt managed to get part of Sinai, and got the rest through peace treaty. Syria failed and the golan is still occupied till this day.
1982: Israel invading Lebanon and occupying southern Lebanon till 2000.. Reason was meddling in a conflict between Palestinian refugees in Lebanon and Lebanese factions in which none of these parties attacked Israel.
60 years have passed with the civilized world issuing UN resolutions for israel to end its occupation and to let the millions of displaced Palestinians return to their homes inside israel and Israel rejecting them. Then we have the courage to blame the Palestinians for not taking it easy, accepting the miserable conditions israel imposed on them and firing their 7000 fire crackers that killed 4 people.. the ungrateful bastards!!
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jungalee43
09-28 12:39 PM
I am not US citizen and who becomes president or who the American people vote for is none of my business.
But I can't resist writing here because it is going to affect my life in a great way.
Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
I am really really worried but still I wish all the very best to Sen. Obama.
But I can't resist writing here because it is going to affect my life in a great way.
Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
I am really really worried but still I wish all the very best to Sen. Obama.
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Macaca
04-03 08:22 AM
Soliciting for Good Citizens (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201749_2.html), By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Tuesday, April 3, 2007
Another backdoor lobbying technique (oops, I mean opportunity to celebrate and assist members of Congress) is to conspicuously contribute to a foundation that supports a congressional caucus.
Congress is filled with caucuses -- the Congressional Sportsmen's Caucus, the Congressional Immigration Reform Caucus and the Congressional Internet Caucus, to name just a few. These are groups of like-minded lawmakers who meet regularly to discuss the subjects in which they have a common interest.
But, Washington being Washington, money quickly enters the equation. Some caucuses have foundations that help bankroll events.
The Advisory Committee to the Congressional Internet Caucus, for instance, sponsors gatherings in conjunction with the House co-chairmen of the Congressional Internet Caucus. Its "supporters group" includes dozens of tech firms that lobby Congress intensely, including Google, Microsoft and Yahoo.
The advisory committee's next large event is an April 25 "Wireless Policy and Practices Dialogue." To pay the tab, its Web site lists "sponsorship opportunities," available for $500 to $5,000. A sampling (before it was apparently altered yesterday):
"Pens and other promotional items: Distribute pens with your logo to event attendees."
"Coffee breaks: We'll announce your sponsorship of the morning continental breakfast or mid-morning coffee break and feature your logo or brand in the break area."
"Wi-Fi Hotspot: We will blanket the meeting area with wireless Internet access and include you as a promotional sponsor."
"Post-Dialogue VIP Dinner: End the conference on a high note and host a VIP event; choose from some of D.C.'s finest restaurants."
None of these constitute lobbying. Companies become sponsors "to prove that they are not only a thought leader in the space but also that they are a good corporate citizen," said Danielle Yates, the advisory committee's spokeswoman.
Oh.
Another backdoor lobbying technique (oops, I mean opportunity to celebrate and assist members of Congress) is to conspicuously contribute to a foundation that supports a congressional caucus.
Congress is filled with caucuses -- the Congressional Sportsmen's Caucus, the Congressional Immigration Reform Caucus and the Congressional Internet Caucus, to name just a few. These are groups of like-minded lawmakers who meet regularly to discuss the subjects in which they have a common interest.
But, Washington being Washington, money quickly enters the equation. Some caucuses have foundations that help bankroll events.
The Advisory Committee to the Congressional Internet Caucus, for instance, sponsors gatherings in conjunction with the House co-chairmen of the Congressional Internet Caucus. Its "supporters group" includes dozens of tech firms that lobby Congress intensely, including Google, Microsoft and Yahoo.
The advisory committee's next large event is an April 25 "Wireless Policy and Practices Dialogue." To pay the tab, its Web site lists "sponsorship opportunities," available for $500 to $5,000. A sampling (before it was apparently altered yesterday):
"Pens and other promotional items: Distribute pens with your logo to event attendees."
"Coffee breaks: We'll announce your sponsorship of the morning continental breakfast or mid-morning coffee break and feature your logo or brand in the break area."
"Wi-Fi Hotspot: We will blanket the meeting area with wireless Internet access and include you as a promotional sponsor."
"Post-Dialogue VIP Dinner: End the conference on a high note and host a VIP event; choose from some of D.C.'s finest restaurants."
None of these constitute lobbying. Companies become sponsors "to prove that they are not only a thought leader in the space but also that they are a good corporate citizen," said Danielle Yates, the advisory committee's spokeswoman.
Oh.
unitednations
03-26 04:26 PM
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
485Mbe4001
09-26 03:50 PM
For arguments sake :)
if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
as you say 'lets take it EZ'
Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))
If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.
Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !
Now tell me if you want to support Barack Obama OR John McCain - take it EZ
if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
as you say 'lets take it EZ'
Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))
If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.
Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !
Now tell me if you want to support Barack Obama OR John McCain - take it EZ
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