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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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  • 485Mbe4001
    04-16 12:29 PM
    i guess the people who are on the fence, thinking, if US doesnt work out i can easily go back to my home country.

    (non indians please ignore this part - due apologies)

    - desis who spent the formative years of their life here doing -- desigiri-- saved some money to go back, only to find that the money saved is not worth that much anymore.;)

    That is life...if you factor in the inflation rate to your 20.8 lakhs...you will realise that it would have been better if you had at least 'enjoyed' your stay here instead of trying to increase the national savings rate.

    Maybe now spending that $20 on IV might not sound that bad...after all, these days, its not much in rupees too...2wadas and one chai, thats about it, my friends :mad:





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  • like_watching_paint_dry
    10-13 10:40 AM
    It's most interesting that Mexico EB3 moved past the 2001 Apr30/May01 barrier. So the theory that fired Java/HTML H1's from the dotcom era bring up the 245(i) does seem to hold water.

    I dont know what to say about EB2 India.





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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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  • dealsnet
    07-01 02:02 PM
    May be a PUBLICITY STUNT.


    Barack Obama pledges to fix the broken immigration system - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Barack-Obama-pledges-to-fix-the-broken-immigration-system/articleshow/6116661.cms)
    WASHINGTON: US President Barack Obama on Thursday pledged to fix the "broken" immigration system of America to make it easier for the best and the brightest of the people to enter the country, that has nearly 11 million illegal immigrants.

    In his first major policy speech on immigration, Obama revealed the broad contours of his vision of reform, which if implemented would be helpful to hundreds and thousands of people from countries like India, who are professionals and law abiding and add value to the American society.

    "We should make it easier for the best and the brightest to come to start businesses and develop products and create jobs. Our laws should respect families following the rules, instead of splitting them apart," Obama said.

    "We need to provide farms a legal way to hire the workers they rely on, and a path for those workers to earn legal status," he said.

    The president said the system should stop penalising innocent young people for the actions of their parents, by denying them the chance to stay and contribute to build the country.

    He said the presence of about 11 million illegal immigrants makes a mockery of all those who are going through the process of immigrating legally.

    "Indeed, after years of patchwork fixes and ill-conceived revisions, the legal immigration system is as broken as the borders. Backlogs and bureaucracy means the process can take years," he observed.

    He was quick to add that immigration reform has been held hostage to political posturing and special interest wrangling and to the pervasive sentiment in Washington that tackling such a thorny and emotional issue is inherently bad politics.

    The president said besides addressing the issue of illegal immigrants, a reformed system also needs to address the need for talented people to stay and contribute to the country.

    "While an applicant waits for approval, he or she is often forbidden from visiting the US, which means even husbands and wives may be forced to spend many years apart... High fees and need for lawyers may exclude worthy applicants.

    "While we provide students from around the world visas to get engineering and computer science degrees at our top universities, our laws discourage them from using those skills to start a business or power a new industry right here in the United States," Obama said.

    He said instead of training entrepreneurs to create jobs, "we train our competition", adding: "In sum, the system is broken, and everybody knows it".





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  • gc_lover
    06-28 02:29 PM
    my attorney said i need to wait for 140 receipt to file 485
    is that true?



    i need big help with my 140 filed in Premium Processing
    and i did not get my receipt to file 485
    applied it on Jun 20 2007 (this month)
    any way i can get some copy of the receipt to file 485?

    No you don't. You can file without 140 receipt, atleast that's what my lawyer told me. Anyways, mine is concurrent filing.



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  • JunRN
    09-22 06:59 PM
    called last week and today....

    I hope and pray that Smith and King will not attend.





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  • thamizhan
    07-21 09:02 PM
    Are we done Voting? If not please do it now



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  • miththoo
    11-05 01:05 AM
    A bank wire from any bank in India is the simplest and cheapest way for you if you don;t have or need an nre/nro a/c. The limit has or is being raised to $200,000 from $100,000.

    Also for tax purposes in USA, you can get a gift of $200,000 from your parents and upto $12000 anually from other people without a tax incident up here.(completely unrelated info to your current wire)
    Also u can wire from any bank in India.

    I don't think there is any tax liability if you get the money from India to USA. So it should not matter if you get the money from India as a gift or from your local savings account in India. Is it correct ?





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  • casinoroyale
    07-01 04:09 PM
    anyone

    I think you can put a date atleast starting from when you are expected to receive the receipt notice. Once you have the notice, you could go to local USCIS office, show the receite and prove your emergent situation and request for immediate AP.



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  • jonty_11
    07-06 02:25 PM
    Just a hypothetical question, if AILF withdrew from a lawsuit, then waht?
    is that a question or wer eu trying to start another rumor?





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  • Sree Swathi
    04-21 12:35 PM
    Hello,

    i am lawful permanent resident. I want to bring my parents here permanently. I got nobody in India to take care of my parents.

    When i was small, my parents took care of me. When i need them, they are their for me.

    Now my parents need me. But i am not their for them. I feel very guilty and sad. I want to bring my parents in US. So i can take care of them.

    How can i bring my parents permanently.
    I know, i can bring them after i get citizenship, that is too long wait.

    i just want to bring them now. So they can have good life with me. Anybody know, how can i bring them in US soon.

    i saw some petition signed by many Indians for this request. Can somebody please go forward with this.
    Current president will understand our request and help us. He is very nice and kind person. He loves family and his mother in law lives with his family. He knows values of grand parents.

    Indians live with family, that makes Indian family stronger and less divorce. And Indian kids are well taken care by grand parents. So they are well behaved and best kids.

    We need this permission. Please work together and get this permission.

    I read this in a website. Is this possible? I want to explore all possible steps.

    Please help.
    God bless you.


    Green Card for Parents - Sponsoring Parents for Green Card

    Green Card Process for My Parents (Mother, Father)
    An immigrant (also called a "lawful permanent resident" and Green Card holder) is a foreign national who has been granted the privilege of living and working permanently in the United States. Your parents (mother, father) must go through a multi-step process to obtain a Green Card and become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States legally, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa (Green Card).



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  • from_va
    08-25 03:54 PM
    I was not able to vote. My Priority date is March 2005.





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  • dvijay
    03-22 09:24 AM
    Yes, I got a CD from USCIS with all my I-140. I requested for copy of I-140 approval notice corresponding to I-140 tracking number SRC.XXXXXXXXXXX. This is the same number I got from my employer for online tracking on USCIS website. It took over 4 months. I submitted this as soon as got approval on my I-140. If you dont have the tracking number, you may try to get your A# from employer or attorney. You can use the same reason that you are changing address or that you need it for visa stamping. I believe they ask for A# in visa interview form.
    I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.

    Hi,
    Can you tell me how long it it took for you to get the CD from the time the status changed to "your request has been processed"? Mine got processed on 02/07/2011 but I still havent received the CD. Today is 03/22/2011.

    Thanks



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  • aadimanav
    07-14 04:13 PM
    Does anyone know, how to change the poll in this thread to a public poll?





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  • GCplease
    10-05 03:41 PM
    Excellent news.

    Now we are getting support from both the parties.

    First the State Governors wrote a letter in favor of Legal High skilled Immigrants and now the GOP writes to the Dems in favor of Legal High skilled Immigrants. We can't ask for anything more than this. This is the right time.

    We should bang on people like Zoe Lofgren's doors and ask them to create a bill which would only deal with us - Legal High skilled Immigrants. I think all the immigration bills presently on the floor has both legal and illegal immigration and so it would be diificult to pass them. In this present atmosphere a bill on legal high skilled immigrants could easily pass.

    Core IV, please look into this and provide directions.



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  • BharatPremi
    11-08 10:11 AM
    msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.

    The people who wants to be a part of American Society should first definately be a very open minded towards all cultures and social trends.
    Other thing to be Indian or representing Indian traditions is not a crime but certainly every time barking against anything Indian may certainly be a crime as it is a clear indication of closed door or prejudicial mind towards one particular country and culture. Americans do not mind if one shows that he is Indian now and want to become in American future. Although they prefer that AND that is why they label Jindal as Indian-American although he born in USA. If there are majority Indians on IV board, it is not a crime but it is obvious. Some of my chienese friends on IV board may start thread for wishing chienese festival, I bet most Indians on this board will welcome and same goes with Muslim friends on IV board. Starting and wishing EID MUBARAK thread (By the way that is also a Indian tradition..And I am proud of that too) is not a crime and by now if nobody started it does not mean other people may not welcome it. If you are a Muslim, start the thread for EID Mubarak, I will be the first to welcome that step. You want to be American,, right? Then first start learning open mind and start respecting the culture of majority IV memebers first. If you would not start that now how will you settle yourself in cultural pot of the world?

    If you are an Indian citizen right now take control over your inferiority complex and get over it because if you do not respect your culture or your tradition what guaranty would be there for Americans that you would respect American traditions in future. Even Americans are not fool. And how dare you pretend that people form China and other countries just stop supporting IV as they just see few threads celebrating Indian culture? So stop this bullshit now otherwise I may have to request moderators to ban you.

    By the way Happy Diwali to you and your family.





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  • reddymjm
    05-13 02:26 PM
    well ..the problem is by the time EB3 - person gets his chance --he may become more qualified than a EB2 candidate ..esp in IT. for eg -- tell me who is more qualified.
    say a person does MS (maybe from timbuktu) has 1-2 years experience (EB2) ..and there is another EB3 person with 4 year college - 3 yr experience when he applied in 2001 .(so now he has 10 yr experience and along the way he got certifications etc) ..so now who is more valuable ??
    the problem is there are (some have been rectified) lot of loopholes, problems, inefficiencies (and I care rat's a__ attitude at USCIS) ..how else can you justify the wastage of visas every year ..when the US needs immigrants just as immigrants need US

    How many of MS(EB2) candidates got Jobs without faking their resumes. I am not saying all EB3 are not doing that. At the same time not all companies do EB2.





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  • gcwant
    07-20 03:55 PM
    thanks guys





    terriblething
    06-12 12:44 PM
    Thanks for your suggestion! Buddy.
    We will try to request a court interpreter.

    I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.





    r2i2009
    05-04 01:05 PM
    Agreed...it is personal decision...but for Indians...it is a difficult decision. The way India is growing....People who have lived here for more than 10years...are migrating back....i know a person who left...has warned me...just to earn and get out.....not good for kids future etc....

    So...we are all still learning.....






    ----
    Agreed it's frustrating to go thru a roller-coaster ride as far as GC is concerned. I believe members of IV are leaving no stone unturned to tide over the GC hurdles by speaking in one voice and acting in unison.

    Literally, we must have the 'staying power' to do this. If people wanna go back to their home country, it's their personal decision. Impatience and frustration should not be the driving factor for people to return to their home country.



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