Saturday, July 16, 2011

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  • thomachan72
    05-29 07:20 AM
    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
    Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)





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  • somegchuh
    07-21 12:18 PM
    Guys,
    I know there are a lot of ppl on this forum who have been in the US 6+ years and because of BEC/retrogression are thinking of moving to Canada. I am not suggesting that we should leave but I think its good to have a plan B.

    Feel free to discuss matters like below (related to moving to Canada/Aus/India)
    1. Canadian immigration process.
    2. Finding jobs in canada.
    3. Continuing current education (MS/MBA) in canada.
    4. Operating current business from canada.
    5. Move related issues: Taking household goods/cars etc.
    6. Getting settled in canada.
    7. Letting the GC process continue here.
    8. Financial Matters: What happens to bank a/c's, 401K etc.
    Anything else you can think of :-)





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  • GCchaos
    02-23 03:44 PM
    �United States Of America� or more commonly the �US� means one and only one thing for most people in India, the land of opportunities, a place where every dream comes true, a Cinderella fantasy that pops t life. Well, Legend has it that once upon a long long time, it used to be true. But the current situation is a whole lot different than the legends and the fantasies. Let�s delve into the story of an Indian guy, who set out on a journey in pursuit of his
    dreams that promised him the sky.

    This guy was a smart, hard working software engineer in his own power, working for a software company in India. He worked on different kinds of projects for different clients, all of which were from the fantasy land. The clients always appreciated his work and he had a great rapport with these people.
    One day, he got an invitation from one of these demigods�, �Will you please come and join us and share our fortunes? We are in much need of someone talented like you to run our operations�.
    Now, that was an offer he could not refuse, could he? It�s something he had been dreaming about, since he was a child. It seemed like an offer that would change his life for the better, in every possible way.
    He immediately packed his bags, bade good bye to his family and friends, not knowing the future, not knowing he would not see them for at least a few years. It did not even remotely occur to any one at that point, that he will be tangled in so many restrictions, that it would be hard for him to leave the fantasy land. Well, who cares �He is going to AMERICA!�
    He landed here, worked harder than ever, slogged like anything and proved his capabilities and reserved a place for himself in this wonderful land. Five years passed by�..not realizing that every day has been the same, just struggling to keep up with the expectations of his boss. However he became a much respected person at his work place, every one who worked with him was very happy to have him here. They just loved his dedication and passion. His initial plan was to stay here for the 6 years he had on his H1-B visa and head home. But, destiny had something else in store for him. His employers wanted him to stay. They realized they would not be able to find another person of his caliber. So they started a process called Green Card which would allow him to stay in this country and work for them.
    He went to India after a long time, and met his parents. They wanted him to get married; he met a nice girl of his parent�s choice. Both of them liked each other and got married.
    She flew to the fantasy land with him and they live happily ever after��.
    Well, not exactly!
    There is a twist in this story.
    We need to talk about the girl for a little while now. She too was a young, aspiring software engineer with a good company in India. She was a smart and independent girl who loved to live her life. She lived at a short distance from her parents and family with whom she was very close. When she met the guy, she was overjoyed. She instantly liked him, but was a little apprehensive about quitting her job. But everyone told her that she was being silly and that she would get a job in USA, any time she wanted, because of her VAST two year experience. She believed it! The guy also did not know that his fantasy land had changed a lot since his going there. He thought that he was going to get his green card soon and that his wife would be able to work immediately.

    So with all these hopes, they flew back to US of A. Here the reality was far from anything that she ever heard in the legends. She had no friends, no family, and no job. She was not allowed to work while she was on her dependent visa called H4. The hopes of green card were thrashed to the ground. Apparently only a small number of people were given these magical passes called green cards every year. And the wait was a very very long one; reality hit hard, it would take at least five more years to get their green card and that she would have to wait for an indefinite period of time before she could work again.
    She thought of keeping herself occupied by making friends but she found none in her locality.
    She wanted to put her technical expertise to good use by volunteering, she got a few offers but they were all so distant from her house. She did not have a car of her own, so she could not take up such jobs.
    She was left alone at home all day, destined to look at the windows and the walls of her apartment. She could not take it. She applied for her own H1-B visa which she thought would allow her to start working. She had high hopes and started concentrating on honing her skills. But the process was such a long one that it took more than 8 months for her to get the visa approval. She tried to keep her cool, but it was one heck of a struggle. There were so many laws and rules and other incomprehensible things associated with her H1 and her husband�s green card process that she could not go to India to meet her parents . The real struggle started once she got her H1 B. She could not find a project to work on. There were requirements for people in her technology, but most of the jobs required hat she be one of the following:
    1. Candidate with 6 years or more experience
    2. Green Card holder with any experience.

    She hit a roadblock. 6 years of experience or GREENCARD????
    How will she get any of this now?
    Her husband had also become very sad because of the pain that she had been going through. They were never peaceful during these past 1.5 years. Even he was also completely stalled in his career. There is a rule which doesn�t allow him to change jobs or take a promotion even in the same company once his green card process has been started. He has to either wait until he gets the green card or start it all over again. It is like leaving one�s place in a long queue and having to join in at the end, all over again.
    I hear they are thinking about going back to India, where their lives will be much easier.
    Two highly skilled people who were disowned like foster children and put entangled in such complex problems.
    Unless they do something about this green card process soon, there will be many more immigrants who would plan to move back to their own countries.
    It is America�s loss, no doubt!
    An organization called Immigration Voice has been started by a few people, suffering skilled immigrants themselves, to take up the cause of all the others in similar situation. It has picked up quite a lot of momentum these days and
    had been able to achieve success to a certain extent. But it requires more people, more funds and more support to actually attain a significant result.
    America has been built on the competitiveness of highly skilled immigrants. America enjoys a technological leadership around the world primarily because of them.
    Let�s hope that the government will do something soon to provide relief to these skilled immigrants lest America should become a mere legend like Atlantis.





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  • brb2
    06-20 10:27 AM
    Those of you who are now thinking that being able to file 485 will give you freedom - just read through the list to see how many 485 filers (mainly Indians and Chinese) are stuck in the name check russian roullette.

    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505


    This is one of the biggest bottleneck to 485 and naturalization processing. Most would think it would catch moslems - in reality it catches anyone in "hi-tech" and more often than not Indians, Chinese and Russians. And ofcourse Koreans too. One of the person's stuck in name check commented on the above link - if the FBI knew that a fifth of the nation shares the last name Kim! I guess the same would go for Wu, Yu, Zhou, Singh, Kumar etc.



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  • bkr
    08-25 12:20 PM
    Yes, I am also in the same boat. Filed my 9th year extension in March, responded RFE during 1st week of August. Mine will be expiring in 3 more days. Hoping to get the extension soon.





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  • pointlesswait
    01-14 12:38 PM
    the fact that it applies only for illegals..


    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--

    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.



    This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......



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  • browncow
    06-09 09:25 PM
    I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

    I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.

    YOu stole my profile picture, stop doing that, or you WILL fail.





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  • docwa
    08-05 11:20 AM
    If your application is an SRC then:
    call (800) 375 � 5283 then 1-2-1-recpt number-1-1-wait for recorded status-3-4 speak with customer service.



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  • v2neha
    07-09 12:36 PM
    Sent flowers to Gonzales to be delivered on July 10th with IV's prescribed signature message.





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  • srt57
    02-08 08:07 PM
    So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:

    - MS+0 / No BS requirement
    - MS+0 / BS+5

    And by better I mean less chance of an audit or proof of business necessity requirements.



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  • styrum
    02-09 11:53 AM
    Styrum: Why did you file an appeal on your first perm and why are you planning to file another appeal? Maybe I am not understanding something here. was your first LC denied? (on what ground?) why your second LC denied?? Please explain. it seems that we are on the same boat but my appeal have been there longer (now over 6 months)

    does anybody here has any idea how long the appeal on the LC decision takes?? any information will be greatly appreciated.
    My first PERM (through company A) was denied, as I told before, just because the PERM software automatically denies application with requirements that exceed "normal" SVP level. (Moreover, it accuses you in claiming that the requirements are normal, even if you didn't claim that!) I am not preparing a second appeal. I am preparing a second PERM filing through another company.





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  • chintu25
    03-27 09:33 AM
    Greened you GCMUDDU



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  • Openarms
    06-03 02:43 PM
    How come Sonia Gandhi can be a member of parliament and if there was no BJP then she might as well became Prime Minister of India? I wonder who wrote these laws??





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  • casinoroyale
    06-25 02:41 PM
    " application is accepted ", just to be sure, you mean, its not " application is approved " ?



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  • desi3933
    06-18 03:41 PM
    thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?

    One needs H1 extension approval letter in order to get H4 visa at the consulate for the period mentioned in H1 extension. It does not matter if the person was on H4 status or not on the last day in US. One can be in AOS pending status and get H4 visa stamp.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002





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  • chanduv23
    02-23 01:20 PM
    Scenario1:
    If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer


    Based on how HR departments handle i9 forms, in most companies, they may not know when your h1b or EAD is expiring - some HRs may have calender triggers and request for updated EADs or h1b extensions. Usually you need to show the EAD or H1b extension with updated i 94 and they take a copy and place it in your file so that if there is an audit, they will produce the documents.
    So it is your duty to inform your HR department that you wish to work using EAD after 6th year so that they update the i 9 form


    Scenario2:
    If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)


    Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21. You can even get a h1b transfer as your 140 is pending or approved.
    EAD is not a status and one does not fall int EAD status - if you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work.



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  • laborchic
    10-05 02:26 PM
    Guys .. Guys.. Guys....


    Check out other threads on IV.. Our efforts will definitely show some good results..


    We have to make this event succesful..


    Join up .. Take the poll..





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  • eb3retro
    10-15 10:12 AM
    Anyone? any updates on their pending AP renewal from Nebraska?





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  • alapkd
    09-06 11:05 AM
    Well, I like you because you are just a straight shooter. If you are such a straight shooter then let me do some straight talk, so just catch this.



    what makes you think hiring managers eat commission? are you a hiring manager? you think in such big hierarchies in big companies few people who are doing hiring can actually eat commissions lol. you think it works like indian police department where havaladar collects money and buys bidi for fellow havaldars and buys 2 for himself and gives the rest to his sub inspector who in turn gives to inspector and so on and so on? if that was the case one would not want to get promoted to anything other than the idiotic role of hiring manager of consultants. that is the most idiotic thing i have ever heard. there could be few exceptional bad apples but with any descent sized reputable company a manager would risk going to jail and being sued by employer and future life and career screwed if he eats commission like that. i have seen people getting fired and stripped naked for doing this again incidentaly some desis who attempted it. there would be lot of other real or perceived services provided by consulting companies which are keeping a huge chunk of the hourly rate and will keep the person on bench for descent time give other benefits train them and yes with this kind of idiotic software packages train some guy picked up from the street and put him to work. if someone gets a job like that he should be more than happy with 55/hour. dont know what is the educational background of this gentleman who has started the thread but i would like to know what makes him so super special to earn salary of say even 150/hour or 100/hour out of what he thinks is the billing rate of 180/hour that will propel him to about top 3% earners in the economy.





    fcres
    06-19 10:29 AM
    Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

    AC-21 can be invoked on H1 as well as on EAD. Your choice.

    Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

    Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

    Hope it helps.

    ----------------------------------
    Permanent Resident since May 2002

    Thank you for this information.

    I still have about 2.2yrs left on my 9th yr 3yr H1 extension. So if i don't need EAD when i use AC21 do i just file AC21 or do i need to transfer H1 too? And i guess this means even after i invoke AC21 i will still be on H1 status which is what i prefer.
    Also is there any CIS links stating we don't need EAD to invoke AC21 so i can talk to my lawyer?





    krishmunn
    04-21 09:25 AM
    May your online MBA make you so powerful that you can compete with all the top of the line MBAs.

    I will, combined with my existing degree and years of experience.

    But if you think you are the example of top line MBA, I do not think I have a competition . I do not compete with immatured people who

    1) Keep changing their word every time they open their mouth

    2) Open their mouth without knowing what they are talking

    3) Can stoop to any low to achieve something as minor as GC



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