krishna.ahd
02-18 08:38 PM
When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
But that should not be the determining dominant parameter....
The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....
The projections of manpower deficit due to demographic shift are in millions......
If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....
America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
http://www.teamncpa.org/main/news.php?ItemsID=165
Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....
.
As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now
Is there anybody looking at this angle for increasing GC cap/upper limit ??
But that should not be the determining dominant parameter....
The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....
The projections of manpower deficit due to demographic shift are in millions......
If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....
America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
http://www.teamncpa.org/main/news.php?ItemsID=165
Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....
.
As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now
Is there anybody looking at this angle for increasing GC cap/upper limit ??
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ragz4u
02-06 09:38 AM
This is a step in the right direction. A lot of people wanted to get ahead of the queue by using pre-approved labors. The arrest of Nick Mandalapa, who was infamous for selling these labors openly on Sulekha, and now this are signs of good things to come :)
Do not be surprised if you read Murthy.com's response as being against a ban on labor substitution! After all, labor subsitution is good business for immigration lawyers.
As per www.immigration-law.com
DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006
This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned
Do not be surprised if you read Murthy.com's response as being against a ban on labor substitution! After all, labor subsitution is good business for immigration lawyers.
As per www.immigration-law.com
DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006
This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned
netnerd
10-03 10:41 AM
Dear Friends,
As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.
Hope this helps.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.
Hope this helps.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
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Direct_Action_99
01-15 08:52 PM
It is really pathetic to see the current plight of H1B. It is really sad and the situation is getting worse with the passing of each day. The max limit of H1B is only 65000. It is highly regulated and accountable. Why is everyone hounding H1B without rhyme or reason? It is because most of them perhaps do not have a good picture of what is happening around.
Do the people who are after the H1B folks realize the following?
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
3. Every minute several 1000s of jobs are outsourced ?
The root cause is because the immigration system is broken and the policies are not OK. Going behind H1 B Visa holders is not the answer
Do the people who are after the H1B folks realize the following?
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
3. Every minute several 1000s of jobs are outsourced ?
The root cause is because the immigration system is broken and the policies are not OK. Going behind H1 B Visa holders is not the answer
more...
PlainSpeak
01-13 01:19 PM
Few questions for the self proclaimed expert analyst who started this thread -
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??
In direct response to your post
First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.
My friend forever_waiting, I hope i answered everything to your satisfaction
As to the below
I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??
In direct response to your post
First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.
My friend forever_waiting, I hope i answered everything to your satisfaction
As to the below
I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom
santa123
07-25 06:13 PM
Dear Attorney,
I am about to file my I140.
I am in the US on L1B with company A and my GC is for future employment with Company B.
The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.
In this case what is my best option, AOS or CP?
Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?
Looking forward to your guidance. Thanks a ton!!
I am about to file my I140.
I am in the US on L1B with company A and my GC is for future employment with Company B.
The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.
In this case what is my best option, AOS or CP?
Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?
Looking forward to your guidance. Thanks a ton!!
more...
trueguy
09-23 04:44 PM
I am waiting for my GC to buy a house.
I second that. I am waiting for my GC before I make such a huge commitment to this country.
I second that. I am waiting for my GC before I make such a huge commitment to this country.
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breddy2000
09-24 06:23 PM
This could be due to simple processing issues :
Filling issues (the application was filled in wrong category)
REF (delayed response to RFE)
Name-check (delayed namecheck)
Other technical issues
Medical condition
Spouse of EB2 India/China where the application is filed under wrong charageblity.
If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.
You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.
Is my assumption correct?
Filling issues (the application was filled in wrong category)
REF (delayed response to RFE)
Name-check (delayed namecheck)
Other technical issues
Medical condition
Spouse of EB2 India/China where the application is filed under wrong charageblity.
If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.
You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.
Is my assumption correct?
more...
GC_ki_daud
07-11 04:07 PM
I have
EB3 140 approved for June 2004
and
EB2 140 approved for May 2006
My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004
But now, In this August VB , My EB2 became current .
What I did not anticipate was the huge 2 year+ jump in EB2 dates
My 485 was filed in July 2007 and shows the status pending since then.
I asked my lawyer which 140 did he use to apply my 485 and he says "Both"
I am confused with a couple of things
1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .
2. If I call USCIS , will they be able to tell me which 140 was used to file my 485
EB3 140 approved for June 2004
and
EB2 140 approved for May 2006
My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004
But now, In this August VB , My EB2 became current .
What I did not anticipate was the huge 2 year+ jump in EB2 dates
My 485 was filed in July 2007 and shows the status pending since then.
I asked my lawyer which 140 did he use to apply my 485 and he says "Both"
I am confused with a couple of things
1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .
2. If I call USCIS , will they be able to tell me which 140 was used to file my 485
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cinqsit
01-14 02:10 PM
These rules has always been and so are they right now. Nothing is new in the memorandum. Some one publishes and one points and makes a comment and everyone else like a herd of sheep starts panicking...
Right these are nothing new. They have been followed up (very well I should add) by USCIS consistently for over 2 years now
cinqsit
Right these are nothing new. They have been followed up (very well I should add) by USCIS consistently for over 2 years now
cinqsit
more...
dealsnet
09-04 12:47 PM
You moron coming from the slum region or any other place in Bihar.
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
You are _TrueFacts aka poorslumdog aka insider
You are also here Mr.dealsnet...again I am telling you, use your peanut size brain if you have one. I heard Keral people good only for tea shop or Gulf. what are you doing here. You started your tea shop here. Do you sell medu vada also?
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
You are _TrueFacts aka poorslumdog aka insider
You are also here Mr.dealsnet...again I am telling you, use your peanut size brain if you have one. I heard Keral people good only for tea shop or Gulf. what are you doing here. You started your tea shop here. Do you sell medu vada also?
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Macaca
07-04 12:09 PM
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
------------
Cost of Applying: $395 + $170 + $180 = $745
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
more...
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MunnaBhai
06-27 05:55 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
http://www.immigration-law.com/
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desi3933
06-16 04:33 PM
Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.
As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.
I agree that the employer will pay the salary that is consummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.
Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company committing pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.
>> I agree that the employer will pay the salary that is consummate with the market.
I am glad we are on the same page on this. It is employer who decides how much to pay. Employee decides whether to take the offer or not. Simple.
>> Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud.
Well, you can report the fraudulent activity. If one is wronged, he/she has option of legal route and claiming punitive damages.
>> The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living.
If my employer pays me less salary, I have option to move to another job. Just like my employer has option to fire me and replace with another qualified worker. Again, unless otherwise, I assume all actions are legal. I don't know about you, but when I came to USA, nobody give me assurance or guarantee that this job is future will pay me at least xx k per year so as to maintain quality of life. Here, two person of equal talent, could be earning 60k and 120k per year. It depends on your skill set, how do you sell yourself, and luck. An example - I have backgound both in Comp Science and Finance, so I look for opportunities where I can use both of them for effective leverage. If you think that I didn't face outsourcing challage or was not given pink slip, then you are wrong. As most professionals, I have seen good days and not-so-good days.
>> Oh BTW that 80K number was just to highlight that the L1s should be paid high too.
With your admission, it is employer's choice on how much to pay. As long as law is followed, you or I can NOT decide on anyone else's salary.
>> For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future.
Bad things do happen. Projects get cancelled as Customer is no longer interested. Employer wants to move from Chicago to Dallas, that may prompt employee to look elsewhere. Some employers do not process green card at all (It happened to me, a Big Bank was not processing Green Cards in 1999). You assume all good and rosy will happen to guenine employers and good employees.
>> Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies.
Just as some employers with permanent positions are not good, there are some employers in Consulting and Outsourcing world that may be good. Let USCIS and other agencies determine who are genuine employers or not.
>> I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!
No sir. It is employer-employment based. If you don't have employer to back your I-140, how will get green card. Do you know there is a category - Eb3 skilled worker, where benefiery does not even need bachelor degree. What do you think, those people are "lucky". If so, please take your arguement to Senators and USCIS to restict GC for "merit based" only. Until then, as long as one is getting green card, as per current law, (again as per current law), who are we to complain?
GC is not IIT-JEE exam where there is only one classification. Clear the exam and get the admission. There are varoius categories from EB-1 (Rocket Scientist) to EB-4 (Priest). This is not one-size-fits-all.
We need to look at issues faced by EB based community from a distance and without the glasses of issues faced personally by us. Until then, it is fight that one is more deserving than the other.
.
As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.
I agree that the employer will pay the salary that is consummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.
Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company committing pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.
>> I agree that the employer will pay the salary that is consummate with the market.
I am glad we are on the same page on this. It is employer who decides how much to pay. Employee decides whether to take the offer or not. Simple.
>> Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud.
Well, you can report the fraudulent activity. If one is wronged, he/she has option of legal route and claiming punitive damages.
>> The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living.
If my employer pays me less salary, I have option to move to another job. Just like my employer has option to fire me and replace with another qualified worker. Again, unless otherwise, I assume all actions are legal. I don't know about you, but when I came to USA, nobody give me assurance or guarantee that this job is future will pay me at least xx k per year so as to maintain quality of life. Here, two person of equal talent, could be earning 60k and 120k per year. It depends on your skill set, how do you sell yourself, and luck. An example - I have backgound both in Comp Science and Finance, so I look for opportunities where I can use both of them for effective leverage. If you think that I didn't face outsourcing challage or was not given pink slip, then you are wrong. As most professionals, I have seen good days and not-so-good days.
>> Oh BTW that 80K number was just to highlight that the L1s should be paid high too.
With your admission, it is employer's choice on how much to pay. As long as law is followed, you or I can NOT decide on anyone else's salary.
>> For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future.
Bad things do happen. Projects get cancelled as Customer is no longer interested. Employer wants to move from Chicago to Dallas, that may prompt employee to look elsewhere. Some employers do not process green card at all (It happened to me, a Big Bank was not processing Green Cards in 1999). You assume all good and rosy will happen to guenine employers and good employees.
>> Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies.
Just as some employers with permanent positions are not good, there are some employers in Consulting and Outsourcing world that may be good. Let USCIS and other agencies determine who are genuine employers or not.
>> I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!
No sir. It is employer-employment based. If you don't have employer to back your I-140, how will get green card. Do you know there is a category - Eb3 skilled worker, where benefiery does not even need bachelor degree. What do you think, those people are "lucky". If so, please take your arguement to Senators and USCIS to restict GC for "merit based" only. Until then, as long as one is getting green card, as per current law, (again as per current law), who are we to complain?
GC is not IIT-JEE exam where there is only one classification. Clear the exam and get the admission. There are varoius categories from EB-1 (Rocket Scientist) to EB-4 (Priest). This is not one-size-fits-all.
We need to look at issues faced by EB based community from a distance and without the glasses of issues faced personally by us. Until then, it is fight that one is more deserving than the other.
.
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eb3_nepa
07-04 12:23 AM
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vinzen
08-18 09:09 PM
I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.
First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?
Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.
And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.
Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.
Don't ever be that Indian guy in the office. Be a smart global citizen.
First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?
Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.
And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.
Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.
Don't ever be that Indian guy in the office. Be a smart global citizen.
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Googler
02-15 12:11 AM
As I said in the Mocanu thread:
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
It would be beyond good for the case if we had some EB applicants who filed their 485s in 2003-2004 and are still waiting.
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
It would be beyond good for the case if we had some EB applicants who filed their 485s in 2003-2004 and are still waiting.
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John333
07-15 06:40 AM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
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Saralayar
07-14 09:07 PM
My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Thanks in Advance and your answer will be helpful for our quick decision for this year courses.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Thanks in Advance and your answer will be helpful for our quick decision for this year courses.
Humhongekamyab
08-15 08:12 PM
We all know how media wants to make new so that they can get more hits on their webpages. Maybe is name randomly got selected and that is why he got grilled - we don't know what did he tell the officer which lead to all this. We all now know about "teachable" moment with the Harvard professor. The facts were not what they appeared initially.
Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.
It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.
Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.
It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.
jelo
05-11 06:34 PM
I completely agree with you.
Few of the most trusted allies for India in the region are Tamils from Sri Lanka and Baluch people from Pakistan but this present UPA govt ditched both of them.
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
US citizenship looks too far for you, sail to your beloved place and make sure you throw your passport on your way.
Few of the most trusted allies for India in the region are Tamils from Sri Lanka and Baluch people from Pakistan but this present UPA govt ditched both of them.
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
US citizenship looks too far for you, sail to your beloved place and make sure you throw your passport on your way.
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