неділя, 3 липня 2011 р.

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  • boreal
    09-27 12:31 PM
    Obama might be the only person who is still sane and might want to end the war, save the country 10b per month. This might have its own positive effects as there would be more money to spend on economic development in the US, which in turn might mean slowly improving economy and better jobs. All of these might translate into optimism in the country and lesser opposition to EB immigrants in general. Agreed that Durbin might try to derail the EB process by the introduction of new skills based program and what not...but highly doubt that it would be applicable retro-actively and affect ppl already in the queue. And for new EB applicants, they would know what they are getting into, if such a points based system is introduced, and hell, might work for quite a few of the new EB applicants...

    Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)

    Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..

    Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)




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  • DSJ
    05-17 02:54 PM
    That is my point, being an employee you are not fully working for your company growth. Then don't talk about a consultant is illegal when he don't get paid.

    If it is really illegal why are they renew H1 when they can know that somebody is not paid for couple of months. All they want is money, you keep paying, you are safe and legal here.

    Your point being? If you think what I am saying is wrong, argue your case please... Case and point: The abusers prevent some honest people from getting a chance. We should all be infuriated by that.




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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.




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  • rsdang
    08-11 04:54 PM
    A man was on the water for his weekly fishing trip. He began his day with an 8-pound trout on the first cast and a 7-pounder on the second

    On the third cast he had just caught his first ever trout over 10 pounds when his cell phone rang.

    It was a doctor notifying him that his wife had just been in a terrible accident and was in critical condition and in the ICU. The man told the doctor to inform his wife where he was and that he'd be there as soon as possible. As he hung up he realized he was leaving what was shaping up to be his best day ever on the water.

    He decided to get in a couple of more casts before heading to the hospital. He ended up fishing the re! st of the morning, finishing his trip with a stringer like he'd never seen, with 3 trout over 10 pounds.

    He was jubilant .

    Then he remembered his wife. Feeling guilty, he dashed to the hospital.
    H e saw the doctor in the corridor and asked about his wife's condition.

    The doctor glared at him and shouted, "You went ahead and finished your fishing trip didn't you! I hope you're proud of yourself! While you were out for the past four hours enjoying yourself on the pond, your wife has been languishing in the ICU! It's just as well you went ahead and finished, because it will be more than likely the last fishing trip you ever take!"

    "For the rest of her life she will require 'round the clock care. And you'll be her care giver forever!"

    The man was feeling so guilty he broke ! down and sobbed.

    The doctor then chuckled and said, "I'm just messing with you. She's dead. What'd you catch?"



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  • gapala
    12-25 12:04 PM
    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.

    Friend,

    Even today, IV is an organization representing the skilled workers from all parts of the world and will remain so in future. Just because of this one thread, and your disagreement, if you start looking at the entire organization in a narrow way is not just. You also fail to notice that the terrorism is a global threat and it affects us and our families in different parts of the world. For years, people ignored this threat as it was not expressed openly in the civic societies around the world. Now, you can see people intimidate law enforcement, justice system and even constitutions of civic society. It has become open and exposed now. Did you see that some folks are hailing idiots who does cultureless acts as heros...

    You can choose to ignore this threat but I believe its worth a deliberation to be aware of the dangerous world that we live in. Note that except few baseless arguments on this thread, lot of the posts in this thread are very informative and based on the investigative reports. Lot of them are opinions of the individuals and they are worth too. If you are afraid that this will offend some one, Yes, this may / may not offend terrorists and their supporters. This sure should not offend the educated and skilled members of this organization.

    I would not blame the entire organization for just this thread as terrorism, violence and hostility, if escalated is threat to entire humanity be it in the name of religion or their perverted belief.




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  • gcisadawg
    01-06 05:45 PM
    Refugee New,

    The focus has totally shifted from "Israeli occupation of Palestine" to "Terrorism". WHY? Blame it of Arafat, his successors and now Hamas.

    See how other Arab countries are treating Palestinian Refugees.

    http://en.wikipedia.org/wiki/Palestinian_refugees

    You can not blame everything on Jewish media. There is no point in you and me jumping up and down. The people that needs to realize should realize and focus on a workable solution.

    Mumbai terrorism was discussed at length but you did not see the same level of discussion for LTTE's war with SLA. LTTE shares religion, language and ethnicity with lots of Indians but you DID NOT see the board discussing about that war a lot. What does that mean? It is people's nature to care only about things that impact them. There are so many stuffs that happens in world that doesn't impact all.

    This is another example of Middle east getting much more media attention than war between LTTE and SLA. With all the media attention and world opinion favoring Palestine until 10 years ago, they should have gotten their own state long ago.



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  • puddonhead
    06-26 04:25 PM
    Have you accounted for the increase in rent (not rent controlled) every year? Mortgage on the other hand is fixed for 30 years!

    If you work based on the historic values of price and rent appreciation - it should not make any difference.

    How? Just like the "fundamental" of any stocks price is how much money that company makes - the fundamental of a home price is the rent it can fetch in the market. So the home price and the rent will always increase at approximately the same rate.

    With that assumption, you will benefit from a "fixed mortgage payment" only if your home price/rent increases > inflation. Based on historic numbers - I doubt we can assume this to be the case.

    The period "right now" - is an aberration. I would caution everybody against using our intuitions honed in the debt fueled binge between 1980 to now. Cold hard numbers based on some quantifiable assumptions are better bets.

    >> People are not going to sell. They will just say put rather than take a 40% loss.

    Until inflation eats away at their "wealth" in the form of a house. :-). Markets are far more powerful and has a lot more tools at its disposal than people in denial.




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  • prolegalimmi
    07-11 02:44 PM
    Dear unitednations,

    If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!

    Good to see you here...please stay on !!

    Best.

    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

    --------------------------------------------------------------

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.



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  • pani_6
    07-13 08:52 PM
    Dont worry about negative opinions of people..I urge EB3-I to post the letter first and then get into discussions..

    Action & Urgency!

    Come' on EB3-I

    http://immigrationvoice.org/forum/showthread.php?t=20147




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  • copsmart
    01-01 09:39 AM
    Wish You All a Happy and Prosperous New Year.

    May god give this world the strength and courage to tackle Pakistan and its terrorist activities.

    World Peace!



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  • Munna Bhai
    08-03 06:10 AM
    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx

    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M




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  • like_watching_paint_dry
    08-11 11:47 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.

    This is what I wrote:


    Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence

    also send it to a competitor network and to a show which competes with Dobbs.



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  • ita
    07-14 11:24 AM
    Wll support campaign for EB3 . Please let this happen.
    Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
    I'm sure not doing anything will be not be a right thing .
    I do agree we have to make noice. Let's work on how to make effective noise.
    My thoughts are running on Letter/Call campaigns.
    Don't know anything about what should be done effectively.Else I would be posting it here.
    But for sure I'll support initiative(s) for EB3-I.

    Thank you.




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  • dealsnet
    01-08 12:18 PM
    You are furious about Mumbai tread?. Mumbai is heart of every Indian. Kashmir is our head. We cannot sit idle and tolerate our heart bleed.
    If you offended by mention about Mumbai and terrorist, I am sorry.
    Anger about the terrorist and their supporters in the name of religion.
    See the previous posts have links in you tube, and find out the way the kids are trained for hatred.

    You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....

    I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
    If it makes you furious , so does it to us.
    How do you justify your anger and hatred towards one community.

    I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.

    people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..


    I am out of this discussion , out of immigarionvoice...
    Peace Amen !!!!!



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  • bkarnik
    08-06 06:23 PM
    Hillary Clinton and her driver were cruising along a country road one evening when suddenly an aging cow loomed large in front of the car. The driver tried to avoid it but couldn't - the aging bovine was struck and killed.

    Hillary told her driver to go up to the farmhouse and explain to the owners what had happened. She stayed in the car making phone calls to lobbyists. About an hour later the driver staggered back to the car with his clothes in disarray. He was holding a half-empty bottle of expensive wine in one hand, a rare, huge Cuban cigar in the other and was smiling happily, smeared with lipstick.

    "What happened to you," asked Hillary?

    "Well," the driver replied, "the farmer gave me the cigar, his wife gave me the wine, and their beautiful twin daughters made mad passionate love to me."

    "My God, what did you tell them?" asked Hillary.

    The driver replied, "I just stepped inside the door and said, I'm Hillary Clinton's driver and I've just killed the old cow. The rest happened so fast I couldn't stop it..."




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  • StuckInTheMuck
    08-06 12:30 PM
    all until the one going down hits a trampoline and the one going up hits a ceiling. Then they reverse course. The trampoline and ceiling are the visa bulletins:
    Neat :)



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  • sledge_hammer
    03-24 02:17 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.




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  • hate_me
    01-07 06:36 PM
    Dude between 90,000 to 98,0000 people have been killed in suicide bombing and executions in Iraq from 2003 to 2008, more than 99% of them were muslims, and those suicide bombing and executions where conducted by muslims, your heart didn't bleed for them, why because they were muslims killed by muslims, so you are ok with that, but if muslims are killed by non-muslims in self defence then you talk about innocent muslims being killed. Hamas is ruling party and should be held responsible for the innocent killed because of their actions, if hamas wants they can stop firing rockets at israel and stop the israel from killing innocent civilians, but they are not doing that. But i guess you will never understand that.

    http://www.iraqbodycount.org/database/


    Now the killing has gone mad. Apart from k

    illing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.




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  • like_watching_paint_dry
    04-13 10:36 PM
    thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)

    You can try contacting the acquiring company. They usually also have all the records of the company they bought and may be able to give you a letter of employment or a HR contact who can respond to employment verification requests. I did this with my old company which got acquired after I quit, and the acquiring company obliged. They also discovered I had some uncollected pay, which I still need to cash out. :o

    Fortunately, in my case, it never went that far where the IO was verifying all that information. Is this IO processing your G325A document?




    Macaca
    05-27 05:39 PM
    As Indian companies grow in the U.S., outsourcing comes home (http://www.washingtonpost.com/business/as-indian-companies-grow-in-the-us-outsourcing-comes-home/2011/05/17/AFZbrp7G_story.html) By Paul Glade | The Washington Post

    Ray Capuana paces the rows of cubicles in a haggard high-rise a stone�s throw from Wall Street as his people hustle the phones and hope for a bonus check.

    His employees are not bond traders, though. They are call center workers. Many are African Americans without college degrees. Some lack high school diplomas. They work for a Mumbai-based company called Aegis Communications.

    India�s outsourcing giants � faced with rising wages at home � have looked for growth opportunities in the United States. But with Washington crimping visas for visiting Indian workers, some companies such as Aegis are slowly hiring workers in North America, where their largest corporate customers are based. In this evolution, outsourcing has come home.

    Capuana, a manager for Aegis in New York, motivates this U.S. office with dress-down days and the prospect that workers could, one day, earn a stint training call center workers in Goa, India. One of his tasks is to staff 176 cubicles, where workers make or take calls for customers of prescription drug plans or Medicare contracts and enter and verify information. The pay runs $12 to $14 an hour, with bonus checks of up to $730 a month.

    �Our recruitment model is simple,� says Capuana, who played Division III college football, wears rosary beads on his wrist and has a picture of Jesus above his desk. �I don�t care if you come from Park Avenue or the park bench. If you can do the job, we want you.�

    Aegis, a subsidiary of India�s Essar Group, an energy, telecom and metals conglomerate, says it�s pioneering the next generation of outsourcing: putting the work close to its global customers. Its executives call the practice �near-sourcing,� �diverse shoring� and, sometimes, �cross-shoring.�

    Madhu Vuppuluri, chief executive and dealmaker for the Americas division of Essar Group, remembers watching outsourcing grow in India in the late 1990s and early 2000s and thinking that the decline of U.S. call centers was overdone. He persuaded the billionaire Ruia brothers, Essar�s Indian owners, to let him make a counterintuitive bet: In 2000, he bid on the bankrupt assets of Telequestion, a 500-person call center in Arlington, Tex., for $2.5 million.

    That led to other acquisitions in the United States and abroad. Today, Aegis employs 50,000 of Essar�s 70,000 employees on several continents. About 5,000 people work at nine U.S. call centers. Aegis, which is on the hunt for more acquisitions, has said it aims to triple its U.S. head count, to more than 15,000.

    The strategy is based on the old-fashioned idea of being close to your customers. It�s one embraced by companies such as credit card giant American Express, insurer Humana and government agencies, which sometimes prefer on-shore call centers to handle customer service for sensitive life insurance, financial or health-care products.

    �The customer is the king,� Vuppuluri said. �Wherever the customer wants the services to be, we can provide.�

    Visitors on visas

    At its U.S. sites, Aegis says, 90 percent or more of its workers are American. In that way, Aegis is an exception to the rule. Until now, India-based outsourcing companies have largely brought Indian workers into the United States using H-1B visas and L-1 visas and have been the heaviest users of those programs.

    In India�s $60 billion software-exporting industry (which employs roughly 4 million people worldwide), Aegis is competing with companies such as Wipro, Tata Consultancy Services, Genpact, WNS and Infosys. Most are expanding their outsourcing work � from call centers to high-tech consulting and financial services � to the United States. In many cases, it�s a key part of the companies� growth strategy. But political and economic forces in this country and India complicate things.

    Some say the visa practice has hurt U.S. jobs and wages. These new visa categories were created by the Immigration Act of 1990, allowing foreigners to work in the country for up to six years. The aim was to lure high-tech talent. Tech America, an industry trade group, says that the visas are crucial to American innovation, future competitiveness and job creation.

    But they have been abused, too. In a study released in 2008, the government found fraud and technical violations on 20.7 percent of H-1B applications. Violations ranged �from document fraud to deliberate misstatements regarding job locations, wages paid and duties performed,� said Donald Neufeld, of the Department of Homeland Security, at a March hearing.

    Immigration officials and the State Department have worked to crack down on the fraud.

    �There will be, in any situation, an effort to go around the law,� said David T. Donahue, deputy assistant Secretary of State for Visa Services. �Our job is to catch the companies doing that.�

    :DSome lawmakers are looking to curb the practice and to encourage the India-based outsourcing firms to follow Aegis�s model of hiring Americans at U.S. sites.:D Issuance of regular H-1B visas � 10,200 so far this year � is down 43 percent percent from 2010, according to federal data. Last year, the Obama administration added a roughly $2,000 fee per H-1B visa for large companies, which could be curbing applications.

    In the past, if, say, BNY Mellon inked an IT contract with Infosys, Infosys would handle 70 percent of the work in India and send 30 percent of its project staff to the United States on temporary work visas. These Indian workers often live in ethnic enclaves on the outskirts of a city, work long hours and earn less than an American would for the same work.

    Companies such as Tata Consultancy Services, Genpact and Infosys are the largest users of the H-1B visa program and have collectively brought as many as 30,000 workers into the country in a year on H-1B or other visas.

    Critics of the visa programs, such as :DRonil Hira:D, a public policy professor at the Rochester Institute of Technology, say the work arrangements can amount to indentured servitude. The workers are often paid �home-country wages� in America. �That�s as low as $8,000 a year� with housing allowances, he says. The employers own the visas � so the workers can�t bargain for wages, and if they lose their job they have to leave the country.

    Hira said Indian workers still make up more than 90 percent of most outsourcing companies� U.S. head counts. He and other critics argue that many of these workers are not more highly skilled than their American counterparts but are simply willing to work for less. �It�s harming American workers,� he said. �It�s taking away their job opportunities, bringing down their wages and harming their working conditions.�

    The companies that use the visa programs have faced opposition from U.S. labor unions as well as age-discrimination lawsuits from American tech workers alleging that they were passed over by the hiring practices.

    At the same time, as high unemployment lingers and the economic recovery lags, India-based companies have seized on an opportunity to improve their image and expand their U.S. businesses by taking over companies and hiring more U.S. talent.




    lfwf
    08-06 02:50 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)



    I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

    1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

    2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

    And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

    3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

    I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.



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