sledge_hammer
03-25 01:23 PM
I thought my contribution paid for the disk space occupied by my very insightful and valuable posts on IV!!!
Where is my refund?!?!?!
:D
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
Where is my refund?!?!?!
:D
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
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unitednations
03-26 08:04 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
nixstor
11-12 08:31 PM
Regardless of the power shift in Congress, the cheap foreign labor lobby is coming on strong, pushing for legislation that would dramatically increase the number of foreign workers allowed into this country under existing guest worker programs.
Bill Tucker reports.
(BEGIN VIDEOTAPE)
BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive.
His solution? Bringing in more foreign workers.
Critics say he's got it wrong.
STEVE CAMAROTA, CENTER FOR IMMIGRATION STUDIES: If we have a shortage, then the solution is to let the labor market be tight and more Americans will be attracted to those jobs as wages rise. If American business really feels that we're not teaching enough math and science in school, they need to pressure the political institutions to do a better job of teaching our kids.
TUCKER: Congress has a different solution. It's known as the Skill Act of 2006. It would nearly double the current cap on H1B visas and allow for a 20 percent increase every year after the previous year's quota was met, virtually guaranteeing an endless supply of lower-paid workers from overseas.
A study by Georgetown University found that the total potential number of new tech visas created by the Senate bill would by 1.88 million over the next decade. But the Bureau of Labor Statistics only projects a need for 1.25 million workers in computing and engineering fields. That's more visas than jobs.
Worker advocates say Congress is ready to sole a problem that doesn't exist.
KIM BERRY, PROGRAMMERS GUILD: We don't see any evidence of a shortage. A shortage under the laws of supply and demand would be an increase in wages, it would be body shops or headhunters stealing employees from other companies.
TUCKER: And that's not happening.
(END VIDEOTAPE)
TUCKER: No. In fact, wages are stagnant and declining. A study published by "BusinessWeek," in fact, found that the starting wages for computer scientists and engineers fell 12 percent or worse, Lou, from 2001 to 2005. It doesn't sound like a tight labor market to me.
DOBBS: No, it's just going in the opposite direction.
You know, at some point these people have got to be a little embarrassed by their shoddy economics and their lack of, let's say, integrity and intellectual honesty in what they are doing here. And perhaps at some point find a conscious in corporate America about what they are doing to working men and women in this country. You would think it would happen -- we hope sooner rather than later.
Thank you, Bill Tucker.
Wass up between these dudes? Lou and Kim? Are they buddies or more? :) .. damn.. He gets him on to his show so often as if Kim B is a prominent person. Why the hell doesnt he let America hear the other side of the story?? I mean not in this article.. in general.
Bill Tucker reports.
(BEGIN VIDEOTAPE)
BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive.
His solution? Bringing in more foreign workers.
Critics say he's got it wrong.
STEVE CAMAROTA, CENTER FOR IMMIGRATION STUDIES: If we have a shortage, then the solution is to let the labor market be tight and more Americans will be attracted to those jobs as wages rise. If American business really feels that we're not teaching enough math and science in school, they need to pressure the political institutions to do a better job of teaching our kids.
TUCKER: Congress has a different solution. It's known as the Skill Act of 2006. It would nearly double the current cap on H1B visas and allow for a 20 percent increase every year after the previous year's quota was met, virtually guaranteeing an endless supply of lower-paid workers from overseas.
A study by Georgetown University found that the total potential number of new tech visas created by the Senate bill would by 1.88 million over the next decade. But the Bureau of Labor Statistics only projects a need for 1.25 million workers in computing and engineering fields. That's more visas than jobs.
Worker advocates say Congress is ready to sole a problem that doesn't exist.
KIM BERRY, PROGRAMMERS GUILD: We don't see any evidence of a shortage. A shortage under the laws of supply and demand would be an increase in wages, it would be body shops or headhunters stealing employees from other companies.
TUCKER: And that's not happening.
(END VIDEOTAPE)
TUCKER: No. In fact, wages are stagnant and declining. A study published by "BusinessWeek," in fact, found that the starting wages for computer scientists and engineers fell 12 percent or worse, Lou, from 2001 to 2005. It doesn't sound like a tight labor market to me.
DOBBS: No, it's just going in the opposite direction.
You know, at some point these people have got to be a little embarrassed by their shoddy economics and their lack of, let's say, integrity and intellectual honesty in what they are doing here. And perhaps at some point find a conscious in corporate America about what they are doing to working men and women in this country. You would think it would happen -- we hope sooner rather than later.
Thank you, Bill Tucker.
Wass up between these dudes? Lou and Kim? Are they buddies or more? :) .. damn.. He gets him on to his show so often as if Kim B is a prominent person. Why the hell doesnt he let America hear the other side of the story?? I mean not in this article.. in general.
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rbharol
04-07 01:35 AM
I don't really think this bill will even be discussed. yes the may try to cut and paste parts of it to immigration bill....
Will Compete America and other companies accept it? no way..
And if it goes through, it will be begining of an end to America's supermacy as a leader in the world economy.
Will Compete America and other companies accept it? no way..
And if it goes through, it will be begining of an end to America's supermacy as a leader in the world economy.
more...
pitha
04-09 12:42 PM
Absolutely correct. When a company hires someone they are not just thinking about QA, junior programer etc they are thinking about the growth potential of that individual. You dont even need a seconday school certificate to do a QA job, but if the company is any good they will try to access your skills beyond the immediate required position and see how you might grow and be an asset to the company.
I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.
I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).
In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.
I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.
I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).
In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.
xyzgc
12-22 11:31 PM
Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.
See article. http://signal.nationalinterest.in/archives/madhu/63
Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm
That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.
I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.
There are several issues in Indian society. We are not denying it.
What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.
See article. http://signal.nationalinterest.in/archives/madhu/63
Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm
That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.
I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.
There are several issues in Indian society. We are not denying it.
What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.
more...
iwantmygreen
04-15 01:50 PM
NoJoke you are a genius. I think NKR & Kaiserose intentions are to just hurt others emotions.
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Macaca
05-09 05:50 PM
�Big Stick 306� and China�s Contempt for the Law (http://www.nytimes.com/2011/05/06/opinion/06fri3.html) New York Times Editorial
China�s harassment of human rights activists and the lawyers who defend them is well known. But Beijing�s contempt for the law doesn�t stop there. It is increasingly harassing and jailing lawyers who represent criminal defendants. As a result, many have become too fearful to collect evidence or provide their clients a robust defense.
Li Zhuang went on trial last month for allegedly fabricating evidence in support of one of his clients. As Ian Johnson reported in The Times, many in China believe the lawyer was framed for pushing back against corruption. Three days later, prosecutors dropped the charges, likely because the case had drawn so much attention at home and abroad. But Mr. Li remains in prison for a previous conviction on a similar made-up charge and Caixin, a Chinese news Web site, reported that a law firm where Mr. Li worked remains �under criminal investigation.�
Criminal lawyers in China have long spoken of �Three Difficulties�: how hard it is for them to meet with clients, collect evidence about their cases and review the evidence gathered by the prosecution. Now, the phrase is used to describe how risky it is to do the work � period.
They point in particular to article 306 of China�s Criminal Law � �Big Stick 306� � that they say gives prosecutors unlimited power to intimidate lawyers and derail defenses. Any defense lawyer accused of fabricating evidence or inducing a witness to change his testimony, as Mr. Li was, can be immediately detained, arrested and prosecuted for perjury. Although the majority of lawyers prosecuted have been acquitted, the long, demeaning process of investigation is severe punishment.
Sida Liu and Terence Halliday, who study the Chinese legal system, estimate hundreds of defense lawyers have been prosecuted under �Big Stick 306.� They say it is why �the vast majority of Chinese lawyers do not collect their own evidence in criminal cases.�
If lawyers don�t gather evidence to defend clients, they lack a critical tool for making sure the state applies its power fairly. China can make no claim to seriousness about the rule of law until it guarantees the rights of lawyers to do their job.
Beijing Blames Foreigners for Its Fears of Unrest (http://www.nytimes.com/2011/05/09/world/asia/09china.html) By EDWARD WONG AND JONATHAN ANSFIELD | THE NEW YORK TIMES
Two Chinese journalists missing, feared detained (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3178&Itemid=206) By Committee to Protect Journalists | Asia Sentinel
No spies and crime on TV, please. We�re Chinese (http://www.theglobeandmail.com/news/world/asia-pacific/no-spies-and-crime-on-tv-please-were-chinese/article2012273/) Globe and Mail
China sets up agency to tighten grip on Internet (http://www.theglobeandmail.com/news/technology/tech-news/china-sets-up-agency-to-tighten-grip-on-internet/article2009972/) Reuters
The empty talk of Wen Jiabao (http://atimes.com/atimes/China/ME06Ad01.html) By Kent Ewing | Asia Times
China should honor its own human rights laws (http://www.chinapost.com.tw/commentary/the-china-post/frank-ching/2011/05/04/301024/China-should.htm) By Frank Ching | China Post
China�s harassment of human rights activists and the lawyers who defend them is well known. But Beijing�s contempt for the law doesn�t stop there. It is increasingly harassing and jailing lawyers who represent criminal defendants. As a result, many have become too fearful to collect evidence or provide their clients a robust defense.
Li Zhuang went on trial last month for allegedly fabricating evidence in support of one of his clients. As Ian Johnson reported in The Times, many in China believe the lawyer was framed for pushing back against corruption. Three days later, prosecutors dropped the charges, likely because the case had drawn so much attention at home and abroad. But Mr. Li remains in prison for a previous conviction on a similar made-up charge and Caixin, a Chinese news Web site, reported that a law firm where Mr. Li worked remains �under criminal investigation.�
Criminal lawyers in China have long spoken of �Three Difficulties�: how hard it is for them to meet with clients, collect evidence about their cases and review the evidence gathered by the prosecution. Now, the phrase is used to describe how risky it is to do the work � period.
They point in particular to article 306 of China�s Criminal Law � �Big Stick 306� � that they say gives prosecutors unlimited power to intimidate lawyers and derail defenses. Any defense lawyer accused of fabricating evidence or inducing a witness to change his testimony, as Mr. Li was, can be immediately detained, arrested and prosecuted for perjury. Although the majority of lawyers prosecuted have been acquitted, the long, demeaning process of investigation is severe punishment.
Sida Liu and Terence Halliday, who study the Chinese legal system, estimate hundreds of defense lawyers have been prosecuted under �Big Stick 306.� They say it is why �the vast majority of Chinese lawyers do not collect their own evidence in criminal cases.�
If lawyers don�t gather evidence to defend clients, they lack a critical tool for making sure the state applies its power fairly. China can make no claim to seriousness about the rule of law until it guarantees the rights of lawyers to do their job.
Beijing Blames Foreigners for Its Fears of Unrest (http://www.nytimes.com/2011/05/09/world/asia/09china.html) By EDWARD WONG AND JONATHAN ANSFIELD | THE NEW YORK TIMES
Two Chinese journalists missing, feared detained (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3178&Itemid=206) By Committee to Protect Journalists | Asia Sentinel
No spies and crime on TV, please. We�re Chinese (http://www.theglobeandmail.com/news/world/asia-pacific/no-spies-and-crime-on-tv-please-were-chinese/article2012273/) Globe and Mail
China sets up agency to tighten grip on Internet (http://www.theglobeandmail.com/news/technology/tech-news/china-sets-up-agency-to-tighten-grip-on-internet/article2009972/) Reuters
The empty talk of Wen Jiabao (http://atimes.com/atimes/China/ME06Ad01.html) By Kent Ewing | Asia Times
China should honor its own human rights laws (http://www.chinapost.com.tw/commentary/the-china-post/frank-ching/2011/05/04/301024/China-should.htm) By Frank Ching | China Post
more...
pete
04-09 11:47 AM
EB1 requires either a tenure track position in research. I am a physician and did not want to be in a tenure track research position.
Also EB1 without employment is very difficult to get. I would not have qualified for that.
I am not interested in your rhetoric. It doesnt mean anything.
Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
Also EB1 without employment is very difficult to get. I would not have qualified for that.
I am not interested in your rhetoric. It doesnt mean anything.
Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
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HawaldarNaik
01-03 01:47 AM
I just saw a outstanding movie called 'Wednesday', and i got thinking. In a way i would say we have to thank our neighbouring country because they have done what we the people of India could not for the past 60 years
They with their heinous attacks like 26/11, have started the process of cleansing with regards to Indian red tape, administration and politics. A case in point is the murder of the pwd engineer in UP, which initially was played down by the CM of that state, but after she realized that post 26/11, the entire nation is demanding accountability of every single beaurcrat, she backed off and started the judicial process moving
Off course she may still try to circumvent the law with all her efforts, but i doubt if she will cause other politicians and administrators like her have now understood that the common man who till now had a chalta hai attitude has now decided to stand up and ensure that the process of cleansing which leads to accountability has started.
Now it is up to us to make sure that we continue this process improvement, so that no country will dare to do such acts in future
As i said in my first post...we have to first clean up our act....
As the great poet Kabir said....'I went out to search for the bad every where outside of me...but after deep introspection...i realized that first I had to improve....and remove the bad from within'
Lets keep focussed and clean ourselves and our people...automatically we will see improvement.....
They with their heinous attacks like 26/11, have started the process of cleansing with regards to Indian red tape, administration and politics. A case in point is the murder of the pwd engineer in UP, which initially was played down by the CM of that state, but after she realized that post 26/11, the entire nation is demanding accountability of every single beaurcrat, she backed off and started the judicial process moving
Off course she may still try to circumvent the law with all her efforts, but i doubt if she will cause other politicians and administrators like her have now understood that the common man who till now had a chalta hai attitude has now decided to stand up and ensure that the process of cleansing which leads to accountability has started.
Now it is up to us to make sure that we continue this process improvement, so that no country will dare to do such acts in future
As i said in my first post...we have to first clean up our act....
As the great poet Kabir said....'I went out to search for the bad every where outside of me...but after deep introspection...i realized that first I had to improve....and remove the bad from within'
Lets keep focussed and clean ourselves and our people...automatically we will see improvement.....
more...
ghost
07-17 11:00 AM
Randall,
We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).
Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)
We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.
Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.
The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.
IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.
The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.
For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.
IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.
I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).
Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)
We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.
Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.
The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.
IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.
The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.
For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.
IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.
I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
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nogc_noproblem
08-06 02:12 PM
A man spoke frantically into the phone: "She's pregnant, in labor and her contractions are only 2 minutes apart!!"
"Is this her first child?" asked the Doctor.
"NO, YOU IDIOT" the man shouted, "This is her husband!"
"Is this her first child?" asked the Doctor.
"NO, YOU IDIOT" the man shouted, "This is her husband!"
more...
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ssa
06-23 04:53 PM
Besides other errors in calculation which have been already discussed above, the numbers assumed here are unrealistic.
First and foremost you can't get townhome in Cupertino for 500K. Even in this market 2br/2bth dingy condos in good school district in Cupertino (remember, even within cupertino there are different levels of school district, especially when it comes to high school) are going for 550K at least.
Second for those condos HOA is on an average 400/mo so that's minimum 4800 per year not 3000.
Also the biggest problem with this calculation is it is valid for the very first year ONLY. The 15K you get back from tax credit and 50% from the broker (IF you can get it in the first place) is only for the very first year. What are you going to do for the next 29 years? Unless you think you will own for just one year and then flip it (which is a suicidal plan in this housing economy) it does not make sense.
Here is one calculation that might give you one more reason to buy...
This is taking into consideration bay area good school district ....
say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)
you buy a townhome for around $500k putting down 20%
so loan amount is 400k
@ 5% instrest your annual intrest is $ 20k.
Say 3k HOA anually...
Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
So not taking property tax into account....your annual expense is 23k.
now here is the nice part....
you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)
If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!
There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...
so total amount u get back....8k+ 7.5k = 15k approx..
1st year expense = 23k
1st year actual expense = 23-15 = 8 k
which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)
Will the property value go up ? I do not know (I wish I knew)...
Is there a risk ? I would think yes....
Percentage of risk ? I would think keeping in mind current prices the risk is low...
I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)
All the best !
First and foremost you can't get townhome in Cupertino for 500K. Even in this market 2br/2bth dingy condos in good school district in Cupertino (remember, even within cupertino there are different levels of school district, especially when it comes to high school) are going for 550K at least.
Second for those condos HOA is on an average 400/mo so that's minimum 4800 per year not 3000.
Also the biggest problem with this calculation is it is valid for the very first year ONLY. The 15K you get back from tax credit and 50% from the broker (IF you can get it in the first place) is only for the very first year. What are you going to do for the next 29 years? Unless you think you will own for just one year and then flip it (which is a suicidal plan in this housing economy) it does not make sense.
Here is one calculation that might give you one more reason to buy...
This is taking into consideration bay area good school district ....
say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)
you buy a townhome for around $500k putting down 20%
so loan amount is 400k
@ 5% instrest your annual intrest is $ 20k.
Say 3k HOA anually...
Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
So not taking property tax into account....your annual expense is 23k.
now here is the nice part....
you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)
If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!
There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...
so total amount u get back....8k+ 7.5k = 15k approx..
1st year expense = 23k
1st year actual expense = 23-15 = 8 k
which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)
Will the property value go up ? I do not know (I wish I knew)...
Is there a risk ? I would think yes....
Percentage of risk ? I would think keeping in mind current prices the risk is low...
I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)
All the best !
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SunnySurya
08-06 12:21 PM
Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)
If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.
My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.
Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)
If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.
My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.
Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.
more...
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vdlrao
07-14 12:49 PM
Please find out the visa numbers allotment for EB1, EB2 and EB3 till now. Till now there is about 100k visa numbers allotment for EB3 alomost every year due to the vertical fallout. From now on there would be around 100K allotment in EB2 due to the change to Horizontal Fall out of visa numbers. Out of these 100k EB2 visa numbers, India will get greatest share of around 50k + visas. Please see the below.
Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007
Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030
Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481
Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806
See the link below for reference:
http://www.dhs.gov/xlibrary/assets/s...7/table06d.xls
Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007
Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030
Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481
Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806
See the link below for reference:
http://www.dhs.gov/xlibrary/assets/s...7/table06d.xls
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texcan
08-05 01:43 PM
Agree with you...
Also let me share a story ....
Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.
These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).
The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.
Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.
An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.
Sunnysurya,
Thanks for giving me ear, and thought to my points.
Indians(myself included) were ruled by British for years, i never believed history that people can fight so much with each other that they forget to work together; now i know better.
We got to get togther and work with each other (add efforts), but sometimes we are working together but ironically against each other and net result is wasted effort.
Lets not waste energy by stopping people from actions even if we may not like their tools or techniques. Lets work more and get something done.
Thanks SunnySurya.
Also let me share a story ....
Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.
These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).
The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.
Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.
An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.
Sunnysurya,
Thanks for giving me ear, and thought to my points.
Indians(myself included) were ruled by British for years, i never believed history that people can fight so much with each other that they forget to work together; now i know better.
We got to get togther and work with each other (add efforts), but sometimes we are working together but ironically against each other and net result is wasted effort.
Lets not waste energy by stopping people from actions even if we may not like their tools or techniques. Lets work more and get something done.
Thanks SunnySurya.
more...
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Refugee_New
01-07 09:27 AM
Those who said, Hamas was hiding inside school and firing rockets, go check the fact in CNN.
U.N. 'sure' no militants at school hit by Israeli troops
http://www.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html
Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.
U.N. 'sure' no militants at school hit by Israeli troops
http://www.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html
Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.
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tampacoolie
07-08 05:02 PM
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. ..
These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. ..
These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.
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sk2006
06-05 02:48 PM
This is a very healthy discussion!!.
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
Partially true.
In good locations prices are falling slowly but that does not mean they can't fall as much as they have fallen in other areas.
The primary reason for the big boom in housing was not Rising incomes or rising affordability. It was not even Demand and Supply of Real Estate like may Real estate agents would tell you..
It was Demand and Supply of Easy Credit.
Days are easy credit are gone and we would not see it again atleast not for many many years to come. With Real wages falling and unemployment rising there is no way housing prices will rise any time soon. First they have to stop falling!
So buy a house if rent and mortgage(+tax+maintenace) are comparable and you plan to stay in the area for long time. And for next many years don't look at the value of your house on zillow.com
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
Partially true.
In good locations prices are falling slowly but that does not mean they can't fall as much as they have fallen in other areas.
The primary reason for the big boom in housing was not Rising incomes or rising affordability. It was not even Demand and Supply of Real Estate like may Real estate agents would tell you..
It was Demand and Supply of Easy Credit.
Days are easy credit are gone and we would not see it again atleast not for many many years to come. With Real wages falling and unemployment rising there is no way housing prices will rise any time soon. First they have to stop falling!
So buy a house if rent and mortgage(+tax+maintenace) are comparable and you plan to stay in the area for long time. And for next many years don't look at the value of your house on zillow.com
Raju
05-24 12:21 PM
If you go through the transcripts of his shows over the last 4-5 years, he is stauncly against everything foriegn, period. He hates H1-Bs, absolutely hates indian call centers , hates cheap chinese goods, hates illegal aliens ... he is not just anti-immigrant, he is xenophobic.
The reason he is so popular is because he appeals to populist sentiments .. its the easiest thing in the world to blame foreigners when the economy is bad and believe everything will be hunky-dory if they are kicked out.
I used to watch his show for 2 yrs. This is what exactly he wants to do. I agree 200% to the above passage. He wants to build walls for everything, technolgy, foriegn goods and Immigrants(legal and illegel). I am surprised that he is a harvard graduate. He want to send 15 mil illegals out, which is 10% of the whole work force. The current unemployment in this coutry is under 5% which the best in the world. How is he going to fill the jobs that were left behind by the illegals...
The reason he is so popular is because he appeals to populist sentiments .. its the easiest thing in the world to blame foreigners when the economy is bad and believe everything will be hunky-dory if they are kicked out.
I used to watch his show for 2 yrs. This is what exactly he wants to do. I agree 200% to the above passage. He wants to build walls for everything, technolgy, foriegn goods and Immigrants(legal and illegel). I am surprised that he is a harvard graduate. He want to send 15 mil illegals out, which is 10% of the whole work force. The current unemployment in this coutry is under 5% which the best in the world. How is he going to fill the jobs that were left behind by the illegals...
jonty_11
08-02 12:07 PM
Possibly.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.