ufo2002
05-11 02:04 PM
I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.
I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
Just my $0.02.
Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.
I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
Just my $0.02.
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HereIComeGC
02-15 12:43 PM
"CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
eb2_mumbai
09-25 01:27 PM
I did a quick DB search and here are my findings for 2005 & 2006 PERM data
2005 case status -certified = 6133
Prevailing wage level - level II = 2212
2006 case status certified 79782
Prevailing wage level - level II = 32283
2005 case status -certified = 6133
Prevailing wage level - level II = 2212
2006 case status certified 79782
Prevailing wage level - level II = 32283
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sodh
03-18 03:39 PM
Can somebody delete the threads where there is a question of sub. labor, I thought we are an organisation trying to reduce the backlog and not to advice how to increase it .
more...
n2b
09-23 06:15 PM
i cant believe ppl think this is a brilliant idea..
economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
did i wake up in a fools paradise...:eek:
Yes, you did wake up in fools paradise!!! And the first thing you did was saw yourself in the mirror!!! :p
economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
did i wake up in a fools paradise...:eek:
Yes, you did wake up in fools paradise!!! And the first thing you did was saw yourself in the mirror!!! :p
colors
09-06 04:16 PM
Immigrstion attorney,
What is the procedure to update USCIS on any missing documents once we filed our I-485 instead of getting RFE.
Thanks
What is the procedure to update USCIS on any missing documents once we filed our I-485 instead of getting RFE.
Thanks
more...
sachug22
09-15 04:45 PM
Hello Sachug 22,
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
http://immigrationvoice.org/forum/903759-post52.html
There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
http://immigrationvoice.org/forum/903759-post52.html
There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.
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immigrant2007
08-20 10:38 PM
I agree
I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved
I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved
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neocor
01-09 01:33 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
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GCard_Dream
05-25 12:36 PM
Oh ya... you think the immigration fees in US are low. Wait till this bill takes effect and you have to pay 5000 dollars just to get a damn H1-B then you will know who charges more for immigration fees.
As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.
I mean how do people come up with things like these to say.
www.notcanada.com
Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.
As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.
I mean how do people come up with things like these to say.
www.notcanada.com
Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.
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onemorecame
06-26 04:53 PM
I heard this group of people - from anti immigrant organizations, plan to intercept fedex trucks going into USCIS next month sort out 485 petitions and steal them and hide them in an undisclosed location.
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
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number30
03-27 02:38 PM
I am just wondering.....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
Get Powar He can ask the IPL guys to bring some Cheer girls .
And Gowda is missing from the list. Last time when Lallu said 'Bring some Gadha/ Godha' He came again running saying I am Godha , I am Godha
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
Get Powar He can ask the IPL guys to bring some Cheer girls .
And Gowda is missing from the list. Last time when Lallu said 'Bring some Gadha/ Godha' He came again running saying I am Godha , I am Godha
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snram4
01-17 10:14 AM
Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
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snathan
03-30 12:07 AM
Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".
I am not bringing age here. By the way I believe MMS is far better than any one else. He may not be a good leader. But see what he has done for the country. He is the one who opened the country's economy. He is the one who brought in the neculear energy to the country - though we are not sure about the out come and may need to wait for another decade to see that.
I couldnt think anythiing like this for Mr.Advani...
I am not bringing age here. By the way I believe MMS is far better than any one else. He may not be a good leader. But see what he has done for the country. He is the one who opened the country's economy. He is the one who brought in the neculear energy to the country - though we are not sure about the out come and may need to wait for another decade to see that.
I couldnt think anythiing like this for Mr.Advani...
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vamsi_poondla
02-14 12:51 PM
Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)
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shukla77
07-29 12:27 PM
I think what Ron is saying does make sense.
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Macaca
02-18 11:49 AM
http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm?chan=search[/url]
An Indian has glorified Indians. How do you use this glorification to explain the behavior of 80+% IV Indian members and 60+% Indians in EB retrogression who have no interest in joining IV?
The best looking answer looks like there is no correlation between the two. Indians remain glorified.
An Indian has glorified Indians. How do you use this glorification to explain the behavior of 80+% IV Indian members and 60+% Indians in EB retrogression who have no interest in joining IV?
The best looking answer looks like there is no correlation between the two. Indians remain glorified.
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LostInGCProcess
05-01 07:02 PM
Sri Lankan Tamils may not be Indian citizens but are etinic Indians and that is what their problem is and it is the problem in several other places like Malasiya, Fiji, Trinidad etc. these people are still called Indians in these countries and being discriminated. India being a powerful nation should protect the rights of ethnic Indians, but it doesn't....most or all of us know the reasons, it is being ruled by a lame duck govt. who cannot protect citizens living within the Indian boundries, so even if they try to interfere in other countries affairs, I'm sure even a smal coutry like Sri Lanka has guts to say Shoooo!!!! to our foreign Minister. India does not have any respect whatsoever in the world politics now, whatever was earned during the NDA govt. is all lost, nobody sees India with any respect any more, so atleast in my mind I know the answer why India is turning a blind eye towards the killing of Tamils in Sri Lanka & blatant Human Rights murder by a tiniest neighbor
I agree with you. It really amazes me that India is not even saying "something" being a so-called "super-power" in south Asia. Until the last generation of politicians are out of the indian political system, nothing is going to change when it comes to the image or pride of India. At least we should exert out strength and take a leadership role in South Asia and show our power.
I agree with you. It really amazes me that India is not even saying "something" being a so-called "super-power" in south Asia. Until the last generation of politicians are out of the indian political system, nothing is going to change when it comes to the image or pride of India. At least we should exert out strength and take a leadership role in South Asia and show our power.
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snathan
03-27 12:01 PM
You really think so?? The next PMs name is not even on your poll lists!!
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
jayleno
09-23 11:57 AM
Sent the e-mail to the folks in my state.
samay
08-07 12:27 PM
Hi
Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?
Thanks
Yes.
Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?
Thanks
Yes.
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