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.
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nt07
09-03 02:11 PM
I filed for my I-485, EAD and AP on July 2nd at the Nebraska Service Center. I am EB2 with a PD of June, 04. I haven't received any receipt notices. Any one in the same boat/ who has been through this process would like to share their views? Also, given the current fiasco, by when should I expect finger printing notice and, realistically, the green card?
manishcp
08-27 02:11 PM
Would you ask your friend Which DMV location he used?
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gemini23
08-27 12:51 PM
makemygc, i think you got a bad dmv officer who did not know anything about 797. When I was in FL i renewed my DL many times showing 797.
Did not have any issues.
and yes, EAD can be used to renew DL.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
Did not have any issues.
and yes, EAD can be used to renew DL.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
more...
abhijitp
03-11 03:57 PM
Sure, your point is very much valid. What I understand from the Freakenomics experiment and EB3I behavior with respect to IV is that only a few folks have the perseverance to go all the way from D to B.
Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).
Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.
An important difference here is, no matter how many participate in this campaign in DC, we all move up a grade at some point.
We will all move a few years sooner if we try, and years later if nobody tries anything. (But we will still move!)
Folks just need to decide: what's more preferable? Slower of faster?
Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).
Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.
An important difference here is, no matter how many participate in this campaign in DC, we all move up a grade at some point.
We will all move a few years sooner if we try, and years later if nobody tries anything. (But we will still move!)
Folks just need to decide: what's more preferable? Slower of faster?
Caliber
04-02 02:40 PM
...$100. Good Luck for everything and keep the Faith! :)
Thank you so much mantagon. A ray of hope in between such stupid posts.
God bless you.
Thank you so much mantagon. A ray of hope in between such stupid posts.
God bless you.
more...
Macaca
09-22 02:55 PM
Seek
first to understand,
then to be understood
Stephen Covey
first to understand,
then to be understood
Stephen Covey
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nonimmi
09-18 02:04 PM
I don't agree with you.
While we are waiting for GC,What options we have in US ? How to use our time more effectively instead of worrying too much ? This is what we were discussiing. It is indirectly related to immigration.
Take it easy Man.....Don't worry too much about the content !
Yeaaah sure.
Mr. Reddy and labor 2002 can continue this real estate investments discussion and more like - child care, 401k, spouse selection and what not!!
And when it comes to **more** private matters guys plsssssss move to private room as not all of us can take it happily.
Cheers!!
While we are waiting for GC,What options we have in US ? How to use our time more effectively instead of worrying too much ? This is what we were discussiing. It is indirectly related to immigration.
Take it easy Man.....Don't worry too much about the content !
Yeaaah sure.
Mr. Reddy and labor 2002 can continue this real estate investments discussion and more like - child care, 401k, spouse selection and what not!!
And when it comes to **more** private matters guys plsssssss move to private room as not all of us can take it happily.
Cheers!!
more...
Immi_Chant
08-03 06:47 PM
Is there any way to know whether our case is already preadjudicated or not? Is it OK to call USCIS customer service number or taking an infopass appointment for just checking that?
I just want to have some peace of mind as USCIS is not require (hopefully :)) any documents from our side, if they already preadjudicated us.
Please share your experience....
Thanks,
Immi_Chant
Hi Friends, any comments on this ?
I just want to have some peace of mind as USCIS is not require (hopefully :)) any documents from our side, if they already preadjudicated us.
Please share your experience....
Thanks,
Immi_Chant
Hi Friends, any comments on this ?
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zephyrr
11-03 10:28 PM
are you sure one can fund an NRE account in Rs?
i've had an NRE account and the only way to put money is in $. you can then withdraw the money in $ or Rs, but i haven't heard of being able to fund it with Rs to start with.
i believe that students can also bring a much bigger chunk nowadays, maybe try that track.
also, if the $100K can be brought to the US each yr, why can't parents send it here as a gift, what is the deal with 30%, does someone know?
Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
There is a limit I think but it must be like $25K..
Good Luck
i've had an NRE account and the only way to put money is in $. you can then withdraw the money in $ or Rs, but i haven't heard of being able to fund it with Rs to start with.
i believe that students can also bring a much bigger chunk nowadays, maybe try that track.
also, if the $100K can be brought to the US each yr, why can't parents send it here as a gift, what is the deal with 30%, does someone know?
Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
There is a limit I think but it must be like $25K..
Good Luck
more...
walking_dude
12-17 10:50 AM
It's sad to see that IV core has to repeat the same stuff over and over again, to answer folks who never get tired of recycling their already answered questions !
I agree, this cycle of repeatition needs to be broken. IV Core please post this as a FAQ and post the link whenever this question is repeated ( RTFAQ - Read The FAQ).
IV Core did experiment with $20 contributions based on member feedback. Apparently that didn't work. $50 is apparently working better than $20, so IV is sticking to it. Members should use the energy spent on arguing with IV core to contributing to the cause instead.
I'm a monthly contributor as well as done onetime Google and PayPal contributions. Contributing onetime through PayPal isn't tough at all as it's made to sound here.
1) Login to PayPal
2) Click on Send Payment
3) Type in IV merchant id - donations@immigrationvoice.org. You need to do it only first time! Second time onwards it's available in a dropdown!
4) Type in the amount and comment to IV
5) Submit payment.
6) Done!
If it's so easy, who do some feel it so hard?! Real answer is some feel it real hard to part with their money for any cause besides their own instant gratification as someone honestly confessed.
Now this something IV cannot cure !
I agree, this cycle of repeatition needs to be broken. IV Core please post this as a FAQ and post the link whenever this question is repeated ( RTFAQ - Read The FAQ).
IV Core did experiment with $20 contributions based on member feedback. Apparently that didn't work. $50 is apparently working better than $20, so IV is sticking to it. Members should use the energy spent on arguing with IV core to contributing to the cause instead.
I'm a monthly contributor as well as done onetime Google and PayPal contributions. Contributing onetime through PayPal isn't tough at all as it's made to sound here.
1) Login to PayPal
2) Click on Send Payment
3) Type in IV merchant id - donations@immigrationvoice.org. You need to do it only first time! Second time onwards it's available in a dropdown!
4) Type in the amount and comment to IV
5) Submit payment.
6) Done!
If it's so easy, who do some feel it so hard?! Real answer is some feel it real hard to part with their money for any cause besides their own instant gratification as someone honestly confessed.
Now this something IV cannot cure !
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LostInGCProcess
09-05 02:48 PM
Most people has very misconception about "parole". It is not a free/flexible travel document like visa. As a AOS applicant, one should not leave US till it is approved/denied. One MUST present in US during AOS. The parole is only for any emergency purpose; which is similar to prisioners. As USCIS is flexible, in approving the AP, the people don't realize the travel limitation of AP. They are travelling on AP for vatation/fun etc.. As per law, the AP is not intended for it. The CBP officer was right in asking the legitimacy of the travel. The AP document clearly says it is based on "humanitation" admission to retrun after an emergency travel.
Technically, you are right. But on the other hand, it was at a time when one had to wait at the most 6 months for AOS.
But, for people from India, on EB categories, the wait is not months, its in YEARS. So, its irrational to go by whats written there.
On the other hand: I think we must request USCIS to recognize this underlying problem with EB folks that are primarily from India. They must print an exception on the AP for India and exclude the wording "for emergency purpose only". I don't know if USCIS has the discretionary power to amend minor changes.
Technically, you are right. But on the other hand, it was at a time when one had to wait at the most 6 months for AOS.
But, for people from India, on EB categories, the wait is not months, its in YEARS. So, its irrational to go by whats written there.
On the other hand: I think we must request USCIS to recognize this underlying problem with EB folks that are primarily from India. They must print an exception on the AP for India and exclude the wording "for emergency purpose only". I don't know if USCIS has the discretionary power to amend minor changes.
more...
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tooclose
08-12 12:29 PM
Very Disappointment for me.....as i missed it with couple of days.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
vishwak,
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
vishwak,
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
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vagish
04-29 03:23 PM
the reason it will never work is not the lawyers. the immig lawyers for the most part are honest people.
the problem is the employers. employee's loss is employer's gain. it is simple enough. if the point based immigrant is allowed in with a EAD or a green card (like in canada/australia), the employers lose out big time.
The only reason h1 exists is because employers want cheap labour. That is why they want more h1s. Because h1s are justified from business point of view, that is why it is illegal to charge the employee for the h1 costs.
But they never talk about how the h1s get screwed.
Because the h1s are screwed by them.
no matter what , H1 are for employers for them to be competitive, how come all of a sudden employers are talking about illigal immigrants these days, because they have found out that they can get them at a very cheaper rates, the moment you try to put wage garuntee in any of the immigration bills, this what kenndy wants, republicans run by big business are not longer interested in the immigration. perfect example of modern day enslavery. if they make 400K H1B's as per the strive ACT, Green card will lose much of its significance, because most employers will find easy to hire H1B raher than paying 20% or 30% higher to somebody on green card, that is the reason employers are after H1B.
thanks
the problem is the employers. employee's loss is employer's gain. it is simple enough. if the point based immigrant is allowed in with a EAD or a green card (like in canada/australia), the employers lose out big time.
The only reason h1 exists is because employers want cheap labour. That is why they want more h1s. Because h1s are justified from business point of view, that is why it is illegal to charge the employee for the h1 costs.
But they never talk about how the h1s get screwed.
Because the h1s are screwed by them.
no matter what , H1 are for employers for them to be competitive, how come all of a sudden employers are talking about illigal immigrants these days, because they have found out that they can get them at a very cheaper rates, the moment you try to put wage garuntee in any of the immigration bills, this what kenndy wants, republicans run by big business are not longer interested in the immigration. perfect example of modern day enslavery. if they make 400K H1B's as per the strive ACT, Green card will lose much of its significance, because most employers will find easy to hire H1B raher than paying 20% or 30% higher to somebody on green card, that is the reason employers are after H1B.
thanks
more...
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chanduv23
10-05 05:55 PM
I am a "she" by the way and perfectly capable of walking back after 1 paid for and 2 free drinks:cool:
Do they have good food too?
Heard snacks are good - good enough for the sides when you do your 1 to 3 drinks - well get an alcohol meter with u, just to make sure u r doing fine.
laborchic - is doing a chic dance for all of us
Do they have good food too?
Heard snacks are good - good enough for the sides when you do your 1 to 3 drinks - well get an alcohol meter with u, just to make sure u r doing fine.
laborchic - is doing a chic dance for all of us
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coopheal
07-19 11:15 AM
EB3/FEDEX delivered on 02-Jul-07
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Jaime
10-05 12:45 PM
Dear Sir/Madam:
Thank you for your attention. This is in regards to your online edition article today �Republicans Rev up for Economic Debate�
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
In your article the writer makes a link between high-skilled workers and illegal aliens by talking about the two groups in the same paragraph, thus conveying to the average reader that the two are connected, and/or that high-skilled workers are illegal yet �must be retained�
This is misleading in extreme. High-skilled workers are in the U.S. on Legal visas that are sponsored by their employers. These visas are issued to limited numbers of foreigners in areas where no American workers have been found. These legal workers have to go through grueling government �labor certifications� and extreme waits and red tape just to perform their work, which usually includes U.S. patents and successful start-ups. I urge you to make a correction or an errata to this article which is probably an honest mistake, but which is very unfair, misleading and just plain untrue. Thank you once more.
Sincerely:
Thank you for your attention. This is in regards to your online edition article today �Republicans Rev up for Economic Debate�
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
In your article the writer makes a link between high-skilled workers and illegal aliens by talking about the two groups in the same paragraph, thus conveying to the average reader that the two are connected, and/or that high-skilled workers are illegal yet �must be retained�
This is misleading in extreme. High-skilled workers are in the U.S. on Legal visas that are sponsored by their employers. These visas are issued to limited numbers of foreigners in areas where no American workers have been found. These legal workers have to go through grueling government �labor certifications� and extreme waits and red tape just to perform their work, which usually includes U.S. patents and successful start-ups. I urge you to make a correction or an errata to this article which is probably an honest mistake, but which is very unfair, misleading and just plain untrue. Thank you once more.
Sincerely:
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saileshdude
07-09 10:32 PM
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.
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gc_dedo
10-05 11:19 AM
Who is GOP?
qualified_trash
08-01 01:22 PM
You can't generalize. If your kids are smart they can get into better colleges like IITs etc. I think you are confusing the issue about adaptability with good future prospects.
Wait a second. If you are not adaptable to the new environment, it becomes a rat race.If the situation is not conducive, your smartness aint gonna help. I think thats what the OP clearly meant. Its not easy for a kid who is in 8th grade in US to snugly fit into Indian System. Coming to the IIT's, Have you ever compared the total number of seats available in IIT's to the accepted numbers from IVY leagues and other big schools. In India, you have to be the best among the best to get into IIT's. You have to be best here and oh yeah.. You dont have to lose some of the smartness to reservations. But I agree with you that parents should let children pursue their own interests rather than thinking about him/her being a doc/eng.
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
Wait a second. If you are not adaptable to the new environment, it becomes a rat race.If the situation is not conducive, your smartness aint gonna help. I think thats what the OP clearly meant. Its not easy for a kid who is in 8th grade in US to snugly fit into Indian System. Coming to the IIT's, Have you ever compared the total number of seats available in IIT's to the accepted numbers from IVY leagues and other big schools. In India, you have to be the best among the best to get into IIT's. You have to be best here and oh yeah.. You dont have to lose some of the smartness to reservations. But I agree with you that parents should let children pursue their own interests rather than thinking about him/her being a doc/eng.
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
zzsbzz
07-10 11:31 PM
Does it really matter who the messenger is as long as the message gets through?