jonty_11
06-18 11:17 AM
I think now EADs will get delayed...surely..
If its not one thing its the other....we just too many in number....God save us..
If its not one thing its the other....we just too many in number....God save us..
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stuckinmuck
05-28 02:56 PM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
EkAurAaya
06-12 11:40 AM
I think you need a second opinion from a lawyer, no one here can really help you (unless he/she is a lawyer).
If your version of the story is really the absolute truth (assuming there is no wrong doing on your part) then you should fight, the system is fair (I'm sure people understand language barriers) and I'm sure judgment will be in your favor.
Just a word of caution... Don't underestimate the intelligence of people making the judgment, they deal with such cases everyday - they can easily smell a rat.
GC is not life, the trial verdict can change your life for better or for worse (specially if there is jail time involved).
Good Luck!
If your version of the story is really the absolute truth (assuming there is no wrong doing on your part) then you should fight, the system is fair (I'm sure people understand language barriers) and I'm sure judgment will be in your favor.
Just a word of caution... Don't underestimate the intelligence of people making the judgment, they deal with such cases everyday - they can easily smell a rat.
GC is not life, the trial verdict can change your life for better or for worse (specially if there is jail time involved).
Good Luck!
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nixstor
04-25 07:20 PM
Possibly congresswoman Zoe Lofgren's own ideas.
more...
Tonyy
05-14 10:27 AM
I also want to ask this question. If i want to appeal after 2 years then is that possible?
pappu
05-28 12:57 PM
IV admins,
For those who are attending the event, it would be beneficial if someone could provide some tips about moving around DC area/Capitol Hill area for these lobby days. Will there be an IV arranged transportation ?
Appreciate if we could get more details about the planning for these three days.
We are going to be posting FAQs soon on IV website. People who have confirmed their participation will also be contacted personally. Please also check with IV co-coordinator (Starsun) if you have specific questions or write to info at immigrationvoice.org
For those who are attending the event, it would be beneficial if someone could provide some tips about moving around DC area/Capitol Hill area for these lobby days. Will there be an IV arranged transportation ?
Appreciate if we could get more details about the planning for these three days.
We are going to be posting FAQs soon on IV website. People who have confirmed their participation will also be contacted personally. Please also check with IV co-coordinator (Starsun) if you have specific questions or write to info at immigrationvoice.org
more...
jack_suv
07-19 03:59 PM
My question is
what are the ramifications if
1. I apply for i-485 now.
2. get married and bring spouse on h4 and she remains on h4
and my I485 is approved before the PD is current so spouse is out of status for a short while before she can apply for AOS?
my case is EB2; PD is july 2006.
what are the ramifications if
1. I apply for i-485 now.
2. get married and bring spouse on h4 and she remains on h4
and my I485 is approved before the PD is current so spouse is out of status for a short while before she can apply for AOS?
my case is EB2; PD is july 2006.
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ca_immigrant
06-09 08:03 PM
now with folks trying to buy guns...can we expect any forced forward movement or recapture of visa numbers ?:D
I mean can the gun be put to some good use....:D
I mean can the gun be put to some good use....:D
more...
chanduv23
07-10 07:46 AM
Can anyone recommend attorney who are good in AC21 and I-485 Motion To Reopen cases. Who is better, muthy or Oh law firm, or Ron Gotcher ? I am confused as to whose services I should take knowing that my I-140 will be revoked and if I have to file MTR.
Try Rajiv Khanna too.
Try Rajiv Khanna too.
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GCAmigo
05-14 06:25 PM
this is my 10th year in the US & never had a single incident along the racial lines.. probably I lucked out.. However, I don't subscribe to this opinion of removing moustache..... I am proud of my bushy moustache & have had women admire that at/outside work.. But I do agree 100% on all the other points you raised..
more...
CADude
05-22 02:11 PM
Luck is supreme with USCIS. :)
If your lucky no date matters it will be approved any time
If your lucky no date matters it will be approved any time
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psk79
07-19 11:25 AM
Mine.. July 2, 10AM. EB2
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Openarms
05-27 03:26 PM
who are those interest groups that are able to introduce VISA recapture bill?? kudos for them...
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ssinha63
06-13 11:50 PM
My son was on H4 and joined undergraduate course in Canada last year. He is Canadian permanent resident too. As per July VB, I can file for I-485. My question is:
1. Can I and my wife file I-485 as AOS and file I-824 to change AOS to CP for my son, so that he may file I-485 as CP from US Consulate, Montreal, Canada?
2. If not, what are the options?
Thanks!
ssinha63
PD Apr'04
I-140 approved
1. Can I and my wife file I-485 as AOS and file I-824 to change AOS to CP for my son, so that he may file I-485 as CP from US Consulate, Montreal, Canada?
2. If not, what are the options?
Thanks!
ssinha63
PD Apr'04
I-140 approved
more...
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gvenkat
02-23 01:11 PM
my dear.. pretentious pseudo middle class desi...
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
Do you have comprehension problems? what part of my post u did not understand. I said who ever is not recognizing this achievemnt is a loser. get the chip of ur shoulder and move on.. sore loser
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
Do you have comprehension problems? what part of my post u did not understand. I said who ever is not recognizing this achievemnt is a loser. get the chip of ur shoulder and move on.. sore loser
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bostonqa
06-18 12:36 PM
remember folks, this will be a recurring theme for few years.
what I mean by that is, everyone who gets there EAD and AP due to this huge movement, will be applying for renewal in exactly 6 months, so there will be waves of applicants.
I'm assuming that almost all of the recent filers of 485 wont get there Green Card and hence will have to keep renewing there EAD's
it might be a smart thing to ask for less time EAD (is this possible)
so instead of asking 1Yr valid EAD, ask for 9 months EAD.
and since you can apply 6 months before expiry you will be eligible to file for EAD renewal in 3 months (when there will be less crowd)
what I mean by that is, everyone who gets there EAD and AP due to this huge movement, will be applying for renewal in exactly 6 months, so there will be waves of applicants.
I'm assuming that almost all of the recent filers of 485 wont get there Green Card and hence will have to keep renewing there EAD's
it might be a smart thing to ask for less time EAD (is this possible)
so instead of asking 1Yr valid EAD, ask for 9 months EAD.
and since you can apply 6 months before expiry you will be eligible to file for EAD renewal in 3 months (when there will be less crowd)
more...
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happyfeet
03-25 10:54 AM
Dear friends
For every one of us getting GC is a nightmare. Though USCIS follows a system, I feel it is not correctly followed. Also I noticed that people who have filed before the PERM process are really suffering. There are people who are in EB3, waiting for more than 9-10 years, keeping hope and anxiously waiting.
I feel that we should write to USCIS to clear all the pending GC�s (EB2, EB3) filed before PERM (March 31, 2005) need to be processed before they take up any cases filed in PERM.
This will certainly make the process rational.
For every one of us getting GC is a nightmare. Though USCIS follows a system, I feel it is not correctly followed. Also I noticed that people who have filed before the PERM process are really suffering. There are people who are in EB3, waiting for more than 9-10 years, keeping hope and anxiously waiting.
I feel that we should write to USCIS to clear all the pending GC�s (EB2, EB3) filed before PERM (March 31, 2005) need to be processed before they take up any cases filed in PERM.
This will certainly make the process rational.
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knowDOL
08-23 09:36 AM
Also, this is useful for Priority Date portability, Priority Date is all your once your I-140 is aproved and you need to submit the copy with your next I-140 to use the old Priority Date, in this case also, it very useful if the employer does not share this info, and if we can get it from USCIS, we are not at the mercy of Employer anymore.
If you are seeking your i-140 for portability reasons, this means that you have already submitted I-485.
Since that is the case, then who cares if the employer will or will not revoke the I-140: IT IS STILL VIABLE for AC21 portability regardless of employer's actions.
If you are seeking your i-140 for portability reasons, this means that you have already submitted I-485.
Since that is the case, then who cares if the employer will or will not revoke the I-140: IT IS STILL VIABLE for AC21 portability regardless of employer's actions.
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RDB
08-03 07:13 PM
I don't think there is any way of knowing if your case is pre-adjudicated. The only way you will come to know is if you receive an RFE or an interview appointment.
Hi Friends, any comments on this ?
Hi Friends, any comments on this ?
mmk123
07-29 03:17 PM
dougjones, it took you 2 yrs to reply for a thread in 2007? You seem many light-years away from all the issues that are faced by EB professionals.
Listening to EB folks is a win-win situation for both this country and the professionals. May be more win situation for the country than professionals.
If using civilized, peaceful, democratic way of asking for right things is crying, then yes, I am a cry-baby because it is better to be such a cry-baby than anti-immigrant, nativist abusers on various forums.
well, we expect reply in next 2 yrs because that's the delay right now ;)
Listening to EB folks is a win-win situation for both this country and the professionals. May be more win situation for the country than professionals.
If using civilized, peaceful, democratic way of asking for right things is crying, then yes, I am a cry-baby because it is better to be such a cry-baby than anti-immigrant, nativist abusers on various forums.
well, we expect reply in next 2 yrs because that's the delay right now ;)
ronhira
06-03 12:41 PM
ya that explains.... so u'r some 20 yr old who need to grow up..... have to learn that sometimes there is a lot more to what just what you know......
and why would you prefer maths.... dummy, didn't you know, we have calculators & computers to do simple and complex calculations.....
btw, for starters, what've you achieved? if the answer is nothing.... then learn to appreciate others.... maybe that might help to be humbled at the effort and genius of 10 yr old.....
going for a competition with international participants, then being in finals of a competition & then winning the a competition at this level .... wow.... and you are not impressed..... and not that u'r not impressed, you have nothing better to do on a friday... other that demeaning the effort of some kids, who for sure are a lot more dedicated than what you be in u'r entire life..... what a low life r u....
how @ u share the last time you were went to compete with other competitors at international level at any age group.... even if it were competition to down play what other's have achieved...... i don't think you can point to a national press covering you for even participating, if not winning, any competition.....
Senseless post. You are exciting too much brother.
I am the one who is opposing that this kind of matters should not post here and wining in this competetion is not so great.
Regarding Jealousy, It is funny. I am in my late 20's and even I dont have kids. why should I jealous about her. I dont know about other members. But fact is no body jealous about her.
And your comparision is so stupid. Its yucky. 100 m or 1000 m is a physical activity.
I will prefer doing math or some thing else than your SPELLING BEE.
Finally, If you want to congratulate her arrange a meeting or pot luck in your home and congratulate her.
Or just send a check for her. Please dont make non sense here by posting suh useless /out of scope matters.
PS: Take ot easy if there are any spelling mistakes in my reply.
and why would you prefer maths.... dummy, didn't you know, we have calculators & computers to do simple and complex calculations.....
btw, for starters, what've you achieved? if the answer is nothing.... then learn to appreciate others.... maybe that might help to be humbled at the effort and genius of 10 yr old.....
going for a competition with international participants, then being in finals of a competition & then winning the a competition at this level .... wow.... and you are not impressed..... and not that u'r not impressed, you have nothing better to do on a friday... other that demeaning the effort of some kids, who for sure are a lot more dedicated than what you be in u'r entire life..... what a low life r u....
how @ u share the last time you were went to compete with other competitors at international level at any age group.... even if it were competition to down play what other's have achieved...... i don't think you can point to a national press covering you for even participating, if not winning, any competition.....
Senseless post. You are exciting too much brother.
I am the one who is opposing that this kind of matters should not post here and wining in this competetion is not so great.
Regarding Jealousy, It is funny. I am in my late 20's and even I dont have kids. why should I jealous about her. I dont know about other members. But fact is no body jealous about her.
And your comparision is so stupid. Its yucky. 100 m or 1000 m is a physical activity.
I will prefer doing math or some thing else than your SPELLING BEE.
Finally, If you want to congratulate her arrange a meeting or pot luck in your home and congratulate her.
Or just send a check for her. Please dont make non sense here by posting suh useless /out of scope matters.
PS: Take ot easy if there are any spelling mistakes in my reply.
