stuckinmuck
05-28 02:56 PM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
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lazycis
11-29 04:27 PM
No need to fill another form.
amitjoey
07-13 05:37 PM
New members:
Please contribute now.... Nothing is free here. Even to maintain this web-site it need money.. Think how important information you get just by joining IV. And guess what if we would have minimum fee to join IV, lots of us would have paid it. But IV is so kind enough that they don't ask money to join it. But now it up to us if we want to contribute. New members and old members who haven't contributed yet please contribute now...Show that you are not free rider and you care about IV...
Thanks a lot...
Who is first?
||||
Please contribute now.... Nothing is free here. Even to maintain this web-site it need money.. Think how important information you get just by joining IV. And guess what if we would have minimum fee to join IV, lots of us would have paid it. But IV is so kind enough that they don't ask money to join it. But now it up to us if we want to contribute. New members and old members who haven't contributed yet please contribute now...Show that you are not free rider and you care about IV...
Thanks a lot...
Who is first?
||||
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reddymjm
10-07 01:42 PM
We have been watching VBs ever since Jan 2005 when priority dates were added.
. 1/1/2005 10/1/2008
------------------------------------
All - C 1/1/2005
CH - 1/1/2002 10/1/2001
IN - 1/1/2002 7/1/2001
ME - C 7/1/2002
PH - 1/1/2002 1/1/2005
ROW has shown some progress, but CH, IN, ME is behind what was in 2005. Thats almost 4 years after re-introduction of priority dates.
We need a solution now.
India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
. 1/1/2005 10/1/2008
------------------------------------
All - C 1/1/2005
CH - 1/1/2002 10/1/2001
IN - 1/1/2002 7/1/2001
ME - C 7/1/2002
PH - 1/1/2002 1/1/2005
ROW has shown some progress, but CH, IN, ME is behind what was in 2005. Thats almost 4 years after re-introduction of priority dates.
We need a solution now.
India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
more...
oldschool
08-15 09:39 PM
People who left employer early or want to leave early will say it is ok; because it suits their needs.
People who plan on staying later or don't have any intention of leaving early will say to stay.
Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.
If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.
Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.
Thank you for all your input. Again, I got my GC on the first week of July and my wife was applied for 485 last July 30. Whether to leave my present employer or not has become a big question as my employer has decided to transfer me to another location in less than a month's notice which showed lack of consideration to the welfare of their employees as they're not only doing this to one person but a lot others too.
My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.
Thank you for all the pieces of advice you're giving.
People who plan on staying later or don't have any intention of leaving early will say to stay.
Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.
If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.
Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.
Thank you for all your input. Again, I got my GC on the first week of July and my wife was applied for 485 last July 30. Whether to leave my present employer or not has become a big question as my employer has decided to transfer me to another location in less than a month's notice which showed lack of consideration to the welfare of their employees as they're not only doing this to one person but a lot others too.
My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.
Thank you for all the pieces of advice you're giving.
copsmart
11-15 09:35 AM
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
If you are unhappy with this employer, you always have a choice of finding a different one, but there is no guarantee that the other one is also not a blood sucker. This situation will continue until you depend on the consulting companies (especially DESI) for your H1B and GC needs.
The best option is to find a full time job with a reputed company and stick with them until your GC is completed or until you get to the point where you can use AC21, nowadays lot of companies are processing H1. Check the visa database to find the information regarding the employer you are interested in.
Don�t just choose the employer based on the attracting benefits they offer. Conducting some due diligence will land you at the right company.
BTW, what do you mean by �you have no liberty to find a job�? All you need is internet and a phone to talk to people.
Lot of people including myself has been through this nightmare, believe me it�s not so difficult.
Good Luck!
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
If you are unhappy with this employer, you always have a choice of finding a different one, but there is no guarantee that the other one is also not a blood sucker. This situation will continue until you depend on the consulting companies (especially DESI) for your H1B and GC needs.
The best option is to find a full time job with a reputed company and stick with them until your GC is completed or until you get to the point where you can use AC21, nowadays lot of companies are processing H1. Check the visa database to find the information regarding the employer you are interested in.
Don�t just choose the employer based on the attracting benefits they offer. Conducting some due diligence will land you at the right company.
BTW, what do you mean by �you have no liberty to find a job�? All you need is internet and a phone to talk to people.
Lot of people including myself has been through this nightmare, believe me it�s not so difficult.
Good Luck!
more...
abhijitp
08-22 02:27 PM
If there is an answer, it is closer to Franklin's estimate of 7 years than to 3 years!
Well said Franklin, it is getting harder & harder not to attend the rally:)
Aadimanav, please attend the rally if you aren't already planning to.
As someone has said...
Attending the DC rally... even a caveman (Aadimanav) can do it... no offense... just kidding buddy:)
Go here and submit your vote
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
Well said Franklin, it is getting harder & harder not to attend the rally:)
Aadimanav, please attend the rally if you aren't already planning to.
As someone has said...
Attending the DC rally... even a caveman (Aadimanav) can do it... no offense... just kidding buddy:)
Go here and submit your vote
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
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go2roomshare
07-09 02:52 PM
What do you mean by working? Is this just your idea or you have some information on the effects of this campaign?
I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this
I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this
more...
gc_in_30_yrs
09-09 06:39 AM
I applied and waiting to hear from USCIS. I shall post when I hear from them. :)
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Gravitation
01-23 09:18 AM
Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
http://www.immigration-information.com/forums/showthread.php?t=7065
He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..
Ron has not made prediction specifically about India. Somebody asked Ron about filing I-485 with May 2004 PD without mentioning that (s)he was from India. So Ron probably assumed RoW. The OP later clarified that (s)he is from India and Ron hasn't replied to that. So let's wait for Ron to reply before getting excited about it.
If Ron meant EB3-I, he's probably expecting a July 2007 kind of bump, which allows a lot of people to file but results in very few approvals. This can be inferred from his statement that, "your priority date will become current, briefly, in a few months".
We EB3-I's are looking for any sign, just any sign of hope. But let's be cautious in disseminating such information further.
http://www.immigration-information.com/forums/showthread.php?t=7065
He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..
Ron has not made prediction specifically about India. Somebody asked Ron about filing I-485 with May 2004 PD without mentioning that (s)he was from India. So Ron probably assumed RoW. The OP later clarified that (s)he is from India and Ron hasn't replied to that. So let's wait for Ron to reply before getting excited about it.
If Ron meant EB3-I, he's probably expecting a July 2007 kind of bump, which allows a lot of people to file but results in very few approvals. This can be inferred from his statement that, "your priority date will become current, briefly, in a few months".
We EB3-I's are looking for any sign, just any sign of hope. But let's be cautious in disseminating such information further.
more...
abuddyz
07-04 10:25 PM
indianindian2006, I also got OCI for my Son, issued in June 2006 (both parent Indian Citizen). I have read one case who applied in Nov 2006 and it got rejected so it seems that rule got changed sometime in 2006.
indianindian2006, do you think we have to do anything now. I am worried that it might create issue for our kids OCI in future. It will be good to have some documentation with us.
does any one have any reference/url to this rule change.
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
indianindian2006, do you think we have to do anything now. I am worried that it might create issue for our kids OCI in future. It will be good to have some documentation with us.
does any one have any reference/url to this rule change.
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
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glamzon
09-11 03:40 PM
Already posted .. Thanks anyway
more...
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krishmunn
04-20 10:08 PM
Looks like you are using online degree to support your case as well, that is why you are so pissed off. No matter how loud you shout or how many people you threaten about lawsuits and all that stuff, no one can deny the fact that an online degree does not have much of recognition.
Say in clear and simple words -- are online degrees from University of North Dakota, University of Massachusetts, North Eastern University etc. legit ? Yes or No
Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?
It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.
BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.
Say in clear and simple words -- are online degrees from University of North Dakota, University of Massachusetts, North Eastern University etc. legit ? Yes or No
Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?
It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.
BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.
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gconmymind
08-27 07:33 PM
I got a FP notice for next month. It is certainly not related to AP or EAD renewal, since I don't have any pending AP or EAD renewal. I got my EAD renewed last March and AP in May. So hoping that I got the FP notice since they started looking at my 485 application and something positive will be end result.
Good luck.
This is what I wanted to hear! :) Good Luck to you too...
Good luck.
This is what I wanted to hear! :) Good Luck to you too...
more...
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kbsyed61
08-15 09:20 PM
Applied for EAD extension on July 18-2008 (expiring on Sep, 2008), less than 90 days. Today (Aug 15, 2008) received an email saying "Current Status: Card production ordered." for self and wife. No idea whether it is 1 year or 2 year extension. APs are still spending.
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Devils_Advocate
07-29 03:33 PM
LOL why is this ancient thread back up and WHY is it in red fonts??
and WHY did Rip Van Winkle decide to post after 2 years??
The trauma of getting a GC is getting to folks, i think IV should have a free psychiatric counselor section along with the free lawyers as well;)
and WHY did Rip Van Winkle decide to post after 2 years??
The trauma of getting a GC is getting to folks, i think IV should have a free psychiatric counselor section along with the free lawyers as well;)
more...
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desi3933
06-24 10:29 PM
desi3933,
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
Sertasheep -
Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.
http://www.immigrationlinks.com/news/news729.htm
As per memo -
Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
* when the date on the I-94 (or any extension) has passed, or
* if INS or an IJ makes a finding of a status violation, whichever comes first.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
Sertasheep -
Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.
http://www.immigrationlinks.com/news/news729.htm
As per memo -
Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
* when the date on the I-94 (or any extension) has passed, or
* if INS or an IJ makes a finding of a status violation, whichever comes first.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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siravi
10-11 07:15 PM
.
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pd052009
03-09 11:39 AM
When I saw the post from Pappu, I thought we have some good news in this bulletin. I was wrong.. We need to do some back ground work(lobbying) before expecting some good news.
tikka
07-13 09:37 PM
thanks......at least one person showed up
15...:D
15...:D
sanju
04-17 04:00 PM
Apologies, I was simply trying to make a point. As I said earlier, no offense meant and I will be careful in the future.