gapala
12-25 12:04 PM
What a tiresome thread!!!
Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.
Friend,
Even today, IV is an organization representing the skilled workers from all parts of the world and will remain so in future. Just because of this one thread, and your disagreement, if you start looking at the entire organization in a narrow way is not just. You also fail to notice that the terrorism is a global threat and it affects us and our families in different parts of the world. For years, people ignored this threat as it was not expressed openly in the civic societies around the world. Now, you can see people intimidate law enforcement, justice system and even constitutions of civic society. It has become open and exposed now. Did you see that some folks are hailing idiots who does cultureless acts as heros...
You can choose to ignore this threat but I believe its worth a deliberation to be aware of the dangerous world that we live in. Note that except few baseless arguments on this thread, lot of the posts in this thread are very informative and based on the investigative reports. Lot of them are opinions of the individuals and they are worth too. If you are afraid that this will offend some one, Yes, this may / may not offend terrorists and their supporters. This sure should not offend the educated and skilled members of this organization.
I would not blame the entire organization for just this thread as terrorism, violence and hostility, if escalated is threat to entire humanity be it in the name of religion or their perverted belief.
Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.
Friend,
Even today, IV is an organization representing the skilled workers from all parts of the world and will remain so in future. Just because of this one thread, and your disagreement, if you start looking at the entire organization in a narrow way is not just. You also fail to notice that the terrorism is a global threat and it affects us and our families in different parts of the world. For years, people ignored this threat as it was not expressed openly in the civic societies around the world. Now, you can see people intimidate law enforcement, justice system and even constitutions of civic society. It has become open and exposed now. Did you see that some folks are hailing idiots who does cultureless acts as heros...
You can choose to ignore this threat but I believe its worth a deliberation to be aware of the dangerous world that we live in. Note that except few baseless arguments on this thread, lot of the posts in this thread are very informative and based on the investigative reports. Lot of them are opinions of the individuals and they are worth too. If you are afraid that this will offend some one, Yes, this may / may not offend terrorists and their supporters. This sure should not offend the educated and skilled members of this organization.
I would not blame the entire organization for just this thread as terrorism, violence and hostility, if escalated is threat to entire humanity be it in the name of religion or their perverted belief.
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indianindian2006
08-02 02:21 PM
United Nations,
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
neverbefore
09-30 01:44 AM
Folks, it is indeed sad that perfect is turning out to be the enemy of good here, metaphorically speaking.
Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.
America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.
I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.
"The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.
As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."
Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.
America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.
I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.
"The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.
As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."
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validIV
06-05 05:24 PM
My properties are in Woodside and Kew Gardens both in Queens, NYC. I have been fortunate as NYC is one of the best areas that kept its home value. I am certain this is not the case in 90% of the country but so far in NYC, the housing and renting market have only dropped slightly or remained stagnant in most areas here. In fact, some places are picking up again.
I will admit that one unit (3 bedroom) that I was formerly renting out for 1900 had to be dropped to 1700 to compensate for the recession. But the house that the unit was located in (2 family house) appreciated in equity by 30,000 in 1.5 years (also in February 2009) amidst the economic downturn.
As for generalizing, yes I understand that buying and owning is not for everyone, especially if your situation is temporary and you have no plans to stay in that area for long. But you are in America for God's sake. Take advantage of the system and don't be afraid of it. Why are you applying for your green card here if you dont plan to make it your home or long term? That just doesn't make sense to me. I know in the Philippines we cannot leverage as well as we can here with this system. I'm sure its the same in India? Correct me if I'm wrong.
As for the housing bubble, it was bound to happen because banks were lending to people living beyond their means. That doesnt apply to us. Most immigrants are smart and don't buy a house unless they've done the math—even if the bank says we can afford it when we know we cannot.
Renting, in my opinion, is a stepping stone. You rent only when you are saving to buy a home. You CANNOT rent your whole life, that is just a waste and like I said before, not smart. But smart people stop renting early and pay off their homes by their late 40s. At least that is what I am aiming for. Renting out my properties allow me to do that.
With those rent/price ratio - it makes no sense indeed to rent.
If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?
Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.
If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.
I will admit that one unit (3 bedroom) that I was formerly renting out for 1900 had to be dropped to 1700 to compensate for the recession. But the house that the unit was located in (2 family house) appreciated in equity by 30,000 in 1.5 years (also in February 2009) amidst the economic downturn.
As for generalizing, yes I understand that buying and owning is not for everyone, especially if your situation is temporary and you have no plans to stay in that area for long. But you are in America for God's sake. Take advantage of the system and don't be afraid of it. Why are you applying for your green card here if you dont plan to make it your home or long term? That just doesn't make sense to me. I know in the Philippines we cannot leverage as well as we can here with this system. I'm sure its the same in India? Correct me if I'm wrong.
As for the housing bubble, it was bound to happen because banks were lending to people living beyond their means. That doesnt apply to us. Most immigrants are smart and don't buy a house unless they've done the math—even if the bank says we can afford it when we know we cannot.
Renting, in my opinion, is a stepping stone. You rent only when you are saving to buy a home. You CANNOT rent your whole life, that is just a waste and like I said before, not smart. But smart people stop renting early and pay off their homes by their late 40s. At least that is what I am aiming for. Renting out my properties allow me to do that.
With those rent/price ratio - it makes no sense indeed to rent.
If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?
Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.
If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.
more...
jonty_11
09-29 03:09 PM
Precisely my point! Majority of EB immigrants are pro-Democratic party and possible future contributors to Obama 2012 campaign.
Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?
Hope better sense prevails!
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?
Hope better sense prevails!
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
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.
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alisa
12-27 02:47 AM
Alisa,
Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?
Those are the questions that are haunting many Indians on the forums.
But I salute you and other folks for keeping this conversation civil.
Kudos,
GCisaDawg
Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
So, its going to take time for this infrastructure to go away.
The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.
Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?
Those are the questions that are haunting many Indians on the forums.
But I salute you and other folks for keeping this conversation civil.
Kudos,
GCisaDawg
Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
So, its going to take time for this infrastructure to go away.
The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.
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minimalist
08-06 11:46 AM
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.
Well, then why are they allocating Visas to EB3s. They should give all visas to EB2 and then only go to EB3.
Your statement that EB2 requires higher qualification is correct. But the number of jobs requiring those qualifications are less.Doesn't mean people taking up jobs that fall into EB3 category have inferior qualifications. Think of it this way. There may be many people who may be qualified to be a CEO but there will be only one CEO for company.
EB3 has a lot more applicants because of the 245 cases that were filed in 2001. So get off the pedestal and think normally.
So you are an undesirable/inferior when compared to people in EB1? If you feel so then you have serious self esteem issues.
Don't try to spread such inferiority complex.
Well, then why are they allocating Visas to EB3s. They should give all visas to EB2 and then only go to EB3.
Your statement that EB2 requires higher qualification is correct. But the number of jobs requiring those qualifications are less.Doesn't mean people taking up jobs that fall into EB3 category have inferior qualifications. Think of it this way. There may be many people who may be qualified to be a CEO but there will be only one CEO for company.
EB3 has a lot more applicants because of the 245 cases that were filed in 2001. So get off the pedestal and think normally.
So you are an undesirable/inferior when compared to people in EB1? If you feel so then you have serious self esteem issues.
Don't try to spread such inferiority complex.
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gsc999
04-06 11:32 PM
Certain provisions of this bill will create unnecessary hurdles for many H1_B visa holders and employers.
Thanks for highlighting. Lets take appropriate action.
Thanks for highlighting. Lets take appropriate action.
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SunnySurya
08-05 10:44 AM
May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
Let us face it , we all are selfish. And if our self interest match then we are an organization.
here is another point:
i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!
Let us face it , we all are selfish. And if our self interest match then we are an organization.
here is another point:
i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!
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singhsa3
12-27 10:26 AM
Macca,
Our is an adovacy group comprising of only volunteers and with specific agenda. There may be several other Advocacy groups with similar characteristics as ours, agreed they may or may not be immigration focussed. Thus, examples of such Advocay groups that had to lobby to change laws in their favor , overcoming oppositions will help.
For such advocacy groups , do you have any insights into the following ( Based on your readings or research)?
a) What such group do to increase active participation of their members?
b) How such groups are organized?
c) How the short term and long term goals are developed/identified?
d) How the leadership pieline for such groups is developed?
e) Best practices when interacting with other like minded groups, without undermining their own agenda.
If you would like to discuss on the phone or through e-mail. Thas should be fine with me.
Thanks
Singhsa3
Our is an adovacy group comprising of only volunteers and with specific agenda. There may be several other Advocacy groups with similar characteristics as ours, agreed they may or may not be immigration focussed. Thus, examples of such Advocay groups that had to lobby to change laws in their favor , overcoming oppositions will help.
For such advocacy groups , do you have any insights into the following ( Based on your readings or research)?
a) What such group do to increase active participation of their members?
b) How such groups are organized?
c) How the short term and long term goals are developed/identified?
d) How the leadership pieline for such groups is developed?
e) Best practices when interacting with other like minded groups, without undermining their own agenda.
If you would like to discuss on the phone or through e-mail. Thas should be fine with me.
Thanks
Singhsa3
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dixie
07-15 12:49 PM
Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D
When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.
When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.
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milind70
07-11 11:21 AM
Thanks Milind70,
I had submitted the lattest I 94 to my company
but somehow they filed ext with I 94 that came along with i 797
now i will get three yr ext with I 140 cleared
then i can get new i 94 with stamping
You mean,
talk to immigration officer now at local off?
can they correct that i doubt since its already expired and i have new I797 with I94
I think the best case for you is when u get your 3 year extension
go to your home country for stamping and make sure u submit all your I 94s
when u leave even the one that came with 797 .
Whne u reenter you will get a new I 94.
I had submitted the lattest I 94 to my company
but somehow they filed ext with I 94 that came along with i 797
now i will get three yr ext with I 140 cleared
then i can get new i 94 with stamping
You mean,
talk to immigration officer now at local off?
can they correct that i doubt since its already expired and i have new I797 with I94
I think the best case for you is when u get your 3 year extension
go to your home country for stamping and make sure u submit all your I 94s
when u leave even the one that came with 797 .
Whne u reenter you will get a new I 94.
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unitednations
03-24 07:25 PM
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
There are two service centers that process h-1b's. California and vermont.
Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.
If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.
California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.
Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
There are two service centers that process h-1b's. California and vermont.
Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.
If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.
California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.
Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.
more...
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mpadapa
09-30 04:07 PM
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
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file485
07-08 04:35 PM
thanks UN..
we don't mean to bug you..!!
but sometimes these r so scary..it feels we r better off being illegal in this country..
all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...
btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..
pls post..
we don't mean to bug you..!!
but sometimes these r so scary..it feels we r better off being illegal in this country..
all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...
btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..
pls post..
more...
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soni7007
08-06 04:01 PM
Yes, i agree that it is unpredictable and no one can guarantee as to which one will move faster.
But, it can go either way, may be 2002 EB3 goes current before 2005 Eb2 or vice-versa. Atleast they will have an equal chance and position. However, in the other case, when u allow porting, then A (EB3, PD 2002) will be strictly ahead of B (EB2, PD 2005)
According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
But, it can go either way, may be 2002 EB3 goes current before 2005 Eb2 or vice-versa. Atleast they will have an equal chance and position. However, in the other case, when u allow porting, then A (EB3, PD 2002) will be strictly ahead of B (EB2, PD 2005)
According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
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Refugee_New
01-06 12:57 PM
And look at what India is going thru. Each and every year, bomb blasts in multiple cities.
There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.
I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.
Or are you saying that they love killing people?
If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?
There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.
I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.
Or are you saying that they love killing people?
If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?
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unitednations
07-17 12:19 PM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
unitednations
03-25 02:53 PM
UN,
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
unitednations
08-03 08:50 PM
Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?
If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.
How come the concern???
USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.
If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.
How come the concern???
USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.
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