wantMyGC
07-14 07:27 PM
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm?chan=top+news_top+news+index _businessweek+exclusives
The Gandhi Protests
Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest
Engineers, computer programmers, and tech workers aren't known for outspoken collective action and political protest. But on July 14, up to 1,000 high-skilled, legal immigrants will gather in San Jose, Calif., to express their outrage at the U.S. government's failure to deliver on a promise to hasten the processing of their green-card applications. Many of these immigrants came to the U.S. from India on visas and have been stuck in what they say is an interminable wait for permanent residency and the freedoms it brings.
"We're stepping out to bring this issue to the attention of lawmakers and the public," says Ashish Sharma, 37, who has worked as a manager at a tech firm in Los Angeles for seven years, awaiting his green card. "The debate has been dominated by illegal immigration, but we want to put a spotlight on the hurdles we're facing as a hard-working and law-abiding group. It's time for corrective action."
Sharma says he spent $5,000 flying his wife and children to the U.S. from India to prepare green-card documents that the government originally said it would accept and then later decided not to accept. Tomorrow, he will drive more than five hours to San Jose to meet hundreds of others stuck in the green-card backlog who want to make a public statement about their frustrations.
Long Delays Spur Protests
The rally follows a symbolic action on July 10 in which hundreds of green-card applicants sent flowers to the director of U.S. Citizenship & Immigration Services in a show of peaceful protest reminiscent of Mohandas Gandhi's nonviolent campaign against British rule before India gained independence in 1947. The idea for both the flower sending and the rally emerged from Immigration Voice, a group that advocates for high-tech immigrants in the U.S. on visas.
The Gandhi protests, though grounded in years of frustration and anger, were sparked by recent events. On June 12, the U.S. State Dept. issued a bulletin promising it was ready to move hundreds of thousands of green-card applicants into the final phase of processing, known as the Adjustment of Status. Visa workers rushed to complete their Adjustment of Status applications for July 2, the first day they could be submitted. Applicants scrambled to gather signatures, birth certificates, and immunization records, many taking off work and rearranging travel plans. But at the beginning of July, the State Dept. retracted the bulletin, explaining the U.S. Citizenship & Immigration Services had already fulfilled its quota and would not accept further applications. The immigrant community exploded, with critics saying they are the victims of bureaucratic incompetence and a broken immigration policy.
The green-card backlog has emerged because of a mismatch between the number of visa holders and the number of green cards available to them each year. Tens of thousands of foreign workers enter the U.S. on work visas each year, and many apply for green cards. But current government rules limit the number of people who can be admitted to the U.S. from any particular country to 9,800. The result is that for larger countries, including India and China, the wait for permanent U.S. residency now stretches for years. As they wait, visa workers are required to maintain the same job and salary, or they are bumped back to the long queue. That leaves many of the most educated and talented immigrants feeling stuck, sometimes to the point of hopelessness (see BusinessWeek.com, 6/21/07, "One Easy Fix for Immigration").
Joining the Chorus
Many American companies are concerned about the government's immigration policies. Tech companies, including IBM (IBM), Motorola (MOT), Oracle (ORCL), eBay (EBAY), and Intel (INTC), have pressured Congress to allow in more skilled workers on temporary and permanent visas. Google (GOOG), with many immigrants at the company including one of the founders, sent one of its top executives to make the case in Washington (see BusinessWeek.com, 6/7/07, "Immigration: Google Makes Its Case"). Bill Gates, Microsoft's (MSFT) co-founder, also made the trip to Congress to argue for a change in policy (see BusinessWeek.com, 3/8/07, "Gates to Senate: More Visas").
Immigration Voice has for several years been a forum for visa workers awaiting green cards, but it is now becoming a critical organizing tool through its Web site, volunteer leadership, and increased lobbying efforts. Immigration Voice President Aman Kapoor says green-card applicants are busy organizing a series of rallies to take place across the country on one day next month.
"This is not the usual population to go into the streets and protest; it's a group that has remained quiet and follows the rules," says Kapoor. "But people have lost faith in the system, and we have reached a tipping point in terms of frustration. There's an understanding that more dramatic action is needed."
The Gandhi Protests
Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest
Engineers, computer programmers, and tech workers aren't known for outspoken collective action and political protest. But on July 14, up to 1,000 high-skilled, legal immigrants will gather in San Jose, Calif., to express their outrage at the U.S. government's failure to deliver on a promise to hasten the processing of their green-card applications. Many of these immigrants came to the U.S. from India on visas and have been stuck in what they say is an interminable wait for permanent residency and the freedoms it brings.
"We're stepping out to bring this issue to the attention of lawmakers and the public," says Ashish Sharma, 37, who has worked as a manager at a tech firm in Los Angeles for seven years, awaiting his green card. "The debate has been dominated by illegal immigration, but we want to put a spotlight on the hurdles we're facing as a hard-working and law-abiding group. It's time for corrective action."
Sharma says he spent $5,000 flying his wife and children to the U.S. from India to prepare green-card documents that the government originally said it would accept and then later decided not to accept. Tomorrow, he will drive more than five hours to San Jose to meet hundreds of others stuck in the green-card backlog who want to make a public statement about their frustrations.
Long Delays Spur Protests
The rally follows a symbolic action on July 10 in which hundreds of green-card applicants sent flowers to the director of U.S. Citizenship & Immigration Services in a show of peaceful protest reminiscent of Mohandas Gandhi's nonviolent campaign against British rule before India gained independence in 1947. The idea for both the flower sending and the rally emerged from Immigration Voice, a group that advocates for high-tech immigrants in the U.S. on visas.
The Gandhi protests, though grounded in years of frustration and anger, were sparked by recent events. On June 12, the U.S. State Dept. issued a bulletin promising it was ready to move hundreds of thousands of green-card applicants into the final phase of processing, known as the Adjustment of Status. Visa workers rushed to complete their Adjustment of Status applications for July 2, the first day they could be submitted. Applicants scrambled to gather signatures, birth certificates, and immunization records, many taking off work and rearranging travel plans. But at the beginning of July, the State Dept. retracted the bulletin, explaining the U.S. Citizenship & Immigration Services had already fulfilled its quota and would not accept further applications. The immigrant community exploded, with critics saying they are the victims of bureaucratic incompetence and a broken immigration policy.
The green-card backlog has emerged because of a mismatch between the number of visa holders and the number of green cards available to them each year. Tens of thousands of foreign workers enter the U.S. on work visas each year, and many apply for green cards. But current government rules limit the number of people who can be admitted to the U.S. from any particular country to 9,800. The result is that for larger countries, including India and China, the wait for permanent U.S. residency now stretches for years. As they wait, visa workers are required to maintain the same job and salary, or they are bumped back to the long queue. That leaves many of the most educated and talented immigrants feeling stuck, sometimes to the point of hopelessness (see BusinessWeek.com, 6/21/07, "One Easy Fix for Immigration").
Joining the Chorus
Many American companies are concerned about the government's immigration policies. Tech companies, including IBM (IBM), Motorola (MOT), Oracle (ORCL), eBay (EBAY), and Intel (INTC), have pressured Congress to allow in more skilled workers on temporary and permanent visas. Google (GOOG), with many immigrants at the company including one of the founders, sent one of its top executives to make the case in Washington (see BusinessWeek.com, 6/7/07, "Immigration: Google Makes Its Case"). Bill Gates, Microsoft's (MSFT) co-founder, also made the trip to Congress to argue for a change in policy (see BusinessWeek.com, 3/8/07, "Gates to Senate: More Visas").
Immigration Voice has for several years been a forum for visa workers awaiting green cards, but it is now becoming a critical organizing tool through its Web site, volunteer leadership, and increased lobbying efforts. Immigration Voice President Aman Kapoor says green-card applicants are busy organizing a series of rallies to take place across the country on one day next month.
"This is not the usual population to go into the streets and protest; it's a group that has remained quiet and follows the rules," says Kapoor. "But people have lost faith in the system, and we have reached a tipping point in terms of frustration. There's an understanding that more dramatic action is needed."
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starscream
09-17 12:56 PM
Is this a good sign or bad sign for HR 5882? -
She did withdraw! I think we'll go on to the next bill.
She did withdraw! I think we'll go on to the next bill.
ashishgour
09-17 02:15 PM
yeah..they are discussing another amendment..Yawnnnnnnnnnnnnnnn
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lost_in_gc_land
01-31 04:36 AM
Hello I got a yellow form 221(g) during my interview. Got my passport and approval back during the interview.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
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cygent
10-09 04:55 PM
Some people gave me red for joking about "blood sucking employers". You have no clue how badly they have screwed me but not my "wife" or "mother" like you have suggested. That comment was totally uncalled for. If you have any guts atleast reveal your userID. I have updated my original post to answer your questions and pacify the 1st commenter.
nitinboston
05-12 04:43 PM
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
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Caliber
04-26 09:22 AM
Not a bit. If you want I can give you a plenty... L1 is for intercompany transfer. But So far I have seen companies put people only at the client place and their salary is starting at 32K and they are put up at extended staty, asked to share the cab or car. So let me know if you want and I can directly let you talk to those guys.
Yes, you can work for $8 but there is something called law. I have personelly checked their labor which states 55K. But they are paid only 32K.
So our common goal is to fix the broken system, remove the employer's undue advantage over the employee. No matter if they are MNC or desi consulting companies. Why the employee is tied to the employer when there is the need/demand for the skill set. Thats the only thing which is driving down the wages.
I fully agree with this. L1's being placed at Client's place is ILLEGAL. I have several proof's of this. TCS, Infy, CTS and LT do FAVOR their employees with a gift of filing in EB1 because these guys WOULD not complain to any one what they are paid and their benefits.
Any one want proof's?
Yes, you can work for $8 but there is something called law. I have personelly checked their labor which states 55K. But they are paid only 32K.
So our common goal is to fix the broken system, remove the employer's undue advantage over the employee. No matter if they are MNC or desi consulting companies. Why the employee is tied to the employer when there is the need/demand for the skill set. Thats the only thing which is driving down the wages.
I fully agree with this. L1's being placed at Client's place is ILLEGAL. I have several proof's of this. TCS, Infy, CTS and LT do FAVOR their employees with a gift of filing in EB1 because these guys WOULD not complain to any one what they are paid and their benefits.
Any one want proof's?
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fall2004us
04-20 03:01 PM
I got soft LUD on 4/10 and a hard LUD on my wife's application on 4/13. My attorney recd the RFE today and informed that USCIS is requesting evidence of my marriage to be bonafide.
My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?
Thanks,
Praky
Hi Praky,
dont pay anything to your attorney, ask him to mail you the RFE, just attach the marraige certificate along with the RFE + envelope sent by USCIS which has a bar code.
In my case, attorney forwarded the RFE and asked me to mail it myself, I didnt even put a covering letter, RFE letter on top will act as a covering letter. I used USPS overnight, USCIS received the next day and got a hard LUD on my case.
My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?
Thanks,
Praky
Hi Praky,
dont pay anything to your attorney, ask him to mail you the RFE, just attach the marraige certificate along with the RFE + envelope sent by USCIS which has a bar code.
In my case, attorney forwarded the RFE and asked me to mail it myself, I didnt even put a covering letter, RFE letter on top will act as a covering letter. I used USPS overnight, USCIS received the next day and got a hard LUD on my case.
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h1b_alex
03-29 12:00 AM
@Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.
I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?
Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?
Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?
I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?
Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?
Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?
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mallu
10-16 01:08 PM
Are there only 3 people suffering from namechecks?
This issue can be pushed if we have strong support for it.
I believe most of the members of IV are in the receipt/FP mode. Newly filed mass.
Yet to worry about the namecheck. And for EB3 and EB2 post 2004 filers the burning issue is still country wide quota.
This issue can be pushed if we have strong support for it.
I believe most of the members of IV are in the receipt/FP mode. Newly filed mass.
Yet to worry about the namecheck. And for EB3 and EB2 post 2004 filers the burning issue is still country wide quota.
more...
sanju
09-25 09:40 AM
Just curious. Why do you claim ROW is receiving preferential treatment over India when all the countries get the same upper limit of the visas. Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment? :)
Why do think that "India" is the name of 1 human being that everyone from India should be treat like 1 person. Each person applies for his/her I-485, even each member of a family is considered separate. So why club one group of people based on a dichotomy that works best in your favor and then argue that there should be no change. Why not apply color of skin to decide the limits, or maybe the language. Because frankly, which country I come from has nothing to do with why I am here, just as the color of my skin or my native language has no relevance to my petition. In any system if you club large group of applicants based on a dichotomy, and say you will get lesser share than the rest, isn't that how you describe preferential treatment ? Is there any other way to describe the current country-quota system? Why not say Tamil SriLankans will autonomously govern 86% of the land and rest of people in Sri Lanka should migrate to the remaining 14%. Is that how it works there? Probably not, then why argue for something which is actually nothing but preferential treatment. That's ok, in olden days, when racial discrimination was legal, people who benefited from it argued in favor of it, just as you are doing in favor of per-country limits. But the society is much better without racial discrimination. Don't you think so? Any special benefits accorded to one set of group over the other is preferential treatment. There is no other way to describe it. Now, if you got a job, which is why you are here, based on the fact that you are from Sri Lanka, then it is a different thing, then you must get green card based on which country you came from. But it would be illegal if actually you got got your job because you are from Sri-Lanka. Then why apply the benefit which is a direct derivative of your employment (and hence employment based green card) based on which country you came from? Is there any relation between your job and your country of origin? If yes, then it is illegal, if no, then why give benefit of your employment based on your country of origin, if no, and you continue to want the benefit of your employment based on your country of origin, wouldn't that be asking for preferential treatment? How else will you chose to describe it? Please help me to understand this.
And here is what I wrote earlier, which you did not want to read because you probably have not answer for this question to help your argument, so very conveniently you just had to skip it entirely. Here is goes ....
I thought we are all equals, unless you think you are challenged in anyways - physically or otherwise, in that case I agree, you are 100% right, there must be a special quota for you. For all others who consider themselves to be equal shareholders to the free society, isn't preferential treatment for any set of people "wrong" and "unfair"? Just asking? I mean are we not equals, if yes, then there should be no quota for any country, if no and you think you are superior, which maybe true, then I should get preferential treatment, if no, and you think you are inferior or otherwise challenged in anyways, well, in that case yes, you sure should be treat better than others.... you know....
So what do you think you are - equal? inferior? or superior? I mean it has go to be one of those, right?
Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment?
NO. That would not be preferential treatment. Because as I said, India is not 1 human being who ought to consume the same oxygen as 1 human being namely Sri Lanka must consume. Each applicant in employment based green card is a separate human being. Hope you are not proposing to ration oxygen based on country quota.
Look, I know removal of per-country quota may not work in your favor so you do not want to remove it. Tell me that it is not true and this discussion is over. And if per-country quota puts me at any dis-advantage as compared to you, isn't system giving you preferential treatment over me? How else will you describe it?
.
Why do think that "India" is the name of 1 human being that everyone from India should be treat like 1 person. Each person applies for his/her I-485, even each member of a family is considered separate. So why club one group of people based on a dichotomy that works best in your favor and then argue that there should be no change. Why not apply color of skin to decide the limits, or maybe the language. Because frankly, which country I come from has nothing to do with why I am here, just as the color of my skin or my native language has no relevance to my petition. In any system if you club large group of applicants based on a dichotomy, and say you will get lesser share than the rest, isn't that how you describe preferential treatment ? Is there any other way to describe the current country-quota system? Why not say Tamil SriLankans will autonomously govern 86% of the land and rest of people in Sri Lanka should migrate to the remaining 14%. Is that how it works there? Probably not, then why argue for something which is actually nothing but preferential treatment. That's ok, in olden days, when racial discrimination was legal, people who benefited from it argued in favor of it, just as you are doing in favor of per-country limits. But the society is much better without racial discrimination. Don't you think so? Any special benefits accorded to one set of group over the other is preferential treatment. There is no other way to describe it. Now, if you got a job, which is why you are here, based on the fact that you are from Sri Lanka, then it is a different thing, then you must get green card based on which country you came from. But it would be illegal if actually you got got your job because you are from Sri-Lanka. Then why apply the benefit which is a direct derivative of your employment (and hence employment based green card) based on which country you came from? Is there any relation between your job and your country of origin? If yes, then it is illegal, if no, then why give benefit of your employment based on your country of origin, if no, and you continue to want the benefit of your employment based on your country of origin, wouldn't that be asking for preferential treatment? How else will you chose to describe it? Please help me to understand this.
And here is what I wrote earlier, which you did not want to read because you probably have not answer for this question to help your argument, so very conveniently you just had to skip it entirely. Here is goes ....
I thought we are all equals, unless you think you are challenged in anyways - physically or otherwise, in that case I agree, you are 100% right, there must be a special quota for you. For all others who consider themselves to be equal shareholders to the free society, isn't preferential treatment for any set of people "wrong" and "unfair"? Just asking? I mean are we not equals, if yes, then there should be no quota for any country, if no and you think you are superior, which maybe true, then I should get preferential treatment, if no, and you think you are inferior or otherwise challenged in anyways, well, in that case yes, you sure should be treat better than others.... you know....
So what do you think you are - equal? inferior? or superior? I mean it has go to be one of those, right?
Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment?
NO. That would not be preferential treatment. Because as I said, India is not 1 human being who ought to consume the same oxygen as 1 human being namely Sri Lanka must consume. Each applicant in employment based green card is a separate human being. Hope you are not proposing to ration oxygen based on country quota.
Look, I know removal of per-country quota may not work in your favor so you do not want to remove it. Tell me that it is not true and this discussion is over. And if per-country quota puts me at any dis-advantage as compared to you, isn't system giving you preferential treatment over me? How else will you describe it?
.
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Macaca
12-17 02:24 PM
From Investing in America, Making Things Worse (http://online.wsj.com/public/article/SB119449088264586132.html) By Sen. Chuck Grassley (R., Iowa) | Wall Street Journal, Nov 8, 2007
I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).
Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.
I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.
From page 9 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
The National Foundation for American Policy sent a letter to Senator Grassley�s office requesting a list of the names of �hi-tech workers who have had to train their own replacement who is an H-1B visa holder.�
To date we have not received such a list from Senator Grassley�s office.
I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).
Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.
I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.
From page 9 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
The National Foundation for American Policy sent a letter to Senator Grassley�s office requesting a list of the names of �hi-tech workers who have had to train their own replacement who is an H-1B visa holder.�
To date we have not received such a list from Senator Grassley�s office.
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johnamit
07-16 10:09 AM
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mirchiseth
10-09 02:05 PM
Hi All
I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.
I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.
We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.
So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.
I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.
I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.
We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.
So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.
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needhelp!
05-23 03:03 PM
Most of the Congressman offices are now well aware of the issues, phone campaign is not an attempt to explain them the details.
It is more of a push for them to take action by giving them a sense of how frustrated we are. Not many "normal" people would just pick up the phone and call a congressman, right?
While clicking a mouse button takes a fraction of a second, you would have to spend atleast a few minutes picking up your phone, have enough belief in your issue to have the courage to speak to a live person and convey your message.
We all love this, don't we :) :
http://gfx.dvlabs.com/klipmart/campaigns/sta001/images/easybutton_lg_top.gif
It is more of a push for them to take action by giving them a sense of how frustrated we are. Not many "normal" people would just pick up the phone and call a congressman, right?
While clicking a mouse button takes a fraction of a second, you would have to spend atleast a few minutes picking up your phone, have enough belief in your issue to have the courage to speak to a live person and convey your message.
We all love this, don't we :) :
http://gfx.dvlabs.com/klipmart/campaigns/sta001/images/easybutton_lg_top.gif
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nb_des
09-14 01:09 PM
It is very difficult to get a bill passed in House for increasing visa numbers. Be it legal or illegal there is no way House will pass anything that increases visa numbers this election year. I am doubtful even for next year.
For this year or for now we should just get something like "ability to file 485 even when visa numbers are unavailable". This is something which will provide some relief to all of us and has good chance of going through. Subsequently we can keep trying to get the SKIL bill passed next year.
For this year or for now we should just get something like "ability to file 485 even when visa numbers are unavailable". This is something which will provide some relief to all of us and has good chance of going through. Subsequently we can keep trying to get the SKIL bill passed next year.
more...
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add78
08-20 12:48 PM
Here are the answers -
To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
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alterego
12-06 10:03 PM
I think each person can write their own story and here are a few writing points as appropriate.
1) How long you have been here, and how despite your contributions in work and taxes, creativity(of jobs?) and maintainineg legal status, you have been left in a difficult spot of no permanency of status.
2) How you have benefited from this country and would like to give back, and understood that to be the tradition on which america was built.
3) If you have US born Children. That it would be unjust to ask them to be brought up elsewhere.
4) That your entrepreneural ideas have been held back by your inability to have permanency of tenure here.
5) That you never understood that to be the way it is done in America. However, a little voice keeps telling you to never quit on America, as she eventually gets it right.
6) That you have been unable to buy a home due to this issue and wonder why it is that you can't help yourself while helping America. That you have a stable job, 20% down, excellent credit and the whole nine yards except the green card. That there are thousands like you waiting to jump in.
7) How the US gov't bureaucracy has "wasted" over half a million green cards already allocated annually by congress, all happened while there were years long queues and merely recapturing those visas has been blocked by gridlock.
8) Mention Immigrationvoice in your e mail, and state that we have some great ideas on how to make the EB system more efficient and would love to be engaged in improving the system.
1) How long you have been here, and how despite your contributions in work and taxes, creativity(of jobs?) and maintainineg legal status, you have been left in a difficult spot of no permanency of status.
2) How you have benefited from this country and would like to give back, and understood that to be the tradition on which america was built.
3) If you have US born Children. That it would be unjust to ask them to be brought up elsewhere.
4) That your entrepreneural ideas have been held back by your inability to have permanency of tenure here.
5) That you never understood that to be the way it is done in America. However, a little voice keeps telling you to never quit on America, as she eventually gets it right.
6) That you have been unable to buy a home due to this issue and wonder why it is that you can't help yourself while helping America. That you have a stable job, 20% down, excellent credit and the whole nine yards except the green card. That there are thousands like you waiting to jump in.
7) How the US gov't bureaucracy has "wasted" over half a million green cards already allocated annually by congress, all happened while there were years long queues and merely recapturing those visas has been blocked by gridlock.
8) Mention Immigrationvoice in your e mail, and state that we have some great ideas on how to make the EB system more efficient and would love to be engaged in improving the system.
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p1234
10-04 06:22 PM
It may not be popular here, but IMHO PD porting within the same filing category can be allowed, but not retaining the same PD if you are "upgrading" to another category.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
pansworld
12-03 10:22 PM
Cannot argue with your experience. But I still think providing a convenient automatic way to pay small amounts for a specific period of time will help. (the suggestion of $30 over 6 months or 60 dollars over 6 months etc.) Sure people can do it on their own, schedule it, remember it and have the will to do it et al.
But when I put myself in the donor's shoes, it feels like the old times when there were no automated payments for electric bills. :D
This has been discussed umpteen number of times, but I am going to share a personal experience here (shared once already on a similar thread).
For the last state chapter (Diwali Mela) event in North CA we were accepting ANY AMOUNT for a contribution, but were suggesting $25 or $50.
How many contributed? About 20 from a state chapter that boasts of 150+ members.
The fact is, people do one of the following:
1. look at the recommended amount and contribute that amount (most of our donors were $25, and a few paid $50)
2. pay a high $ amount simply because (s)he is convinced he wants to help as much as possible! (Most of the volunteers for the event paid $50 or more, and three of them paid $90/$100 each)
3. DO NOT pay, no matter what, as they are not convinced it will help reduce their waiting time
One more time... IV is not turning anyone away. If you can only contribute $10 a month, please feel free to paypal it yourself to donations at immigrationvoice.org
Like the squirrel who helped Lord Rama construct the bridge (sorry for making this a slightly "Indian" post, but can't think of a better analogy) every small bit is going to help IV, and will be most appreciated!
However, the bridge to the GC is a long one, and our Lord Rama (IV) needs thousands of hard-working and contributing monkeys to make it a reality:D
But when I put myself in the donor's shoes, it feels like the old times when there were no automated payments for electric bills. :D
This has been discussed umpteen number of times, but I am going to share a personal experience here (shared once already on a similar thread).
For the last state chapter (Diwali Mela) event in North CA we were accepting ANY AMOUNT for a contribution, but were suggesting $25 or $50.
How many contributed? About 20 from a state chapter that boasts of 150+ members.
The fact is, people do one of the following:
1. look at the recommended amount and contribute that amount (most of our donors were $25, and a few paid $50)
2. pay a high $ amount simply because (s)he is convinced he wants to help as much as possible! (Most of the volunteers for the event paid $50 or more, and three of them paid $90/$100 each)
3. DO NOT pay, no matter what, as they are not convinced it will help reduce their waiting time
One more time... IV is not turning anyone away. If you can only contribute $10 a month, please feel free to paypal it yourself to donations at immigrationvoice.org
Like the squirrel who helped Lord Rama construct the bridge (sorry for making this a slightly "Indian" post, but can't think of a better analogy) every small bit is going to help IV, and will be most appreciated!
However, the bridge to the GC is a long one, and our Lord Rama (IV) needs thousands of hard-working and contributing monkeys to make it a reality:D
jthomas
05-29 07:11 PM
http://www.alipac.us/ftopict-153059.html
Foreign laborers break the law by collecting unemployment
the other person is also a IV member on the post. Anti-immigrants have been comming to our site and collecting information about your discussion. I am not at all worried about anything.
Please do not fight with conflicting topics which is of no use.
Did you guys looked at the latest projections given by USCIS, its on murthy.com. For those who want to wait 10-15 years in limbo, i will pray for you all. For those who want to explore new options, i want to wish you best of luck,
Foreign laborers break the law by collecting unemployment
the other person is also a IV member on the post. Anti-immigrants have been comming to our site and collecting information about your discussion. I am not at all worried about anything.
Please do not fight with conflicting topics which is of no use.
Did you guys looked at the latest projections given by USCIS, its on murthy.com. For those who want to wait 10-15 years in limbo, i will pray for you all. For those who want to explore new options, i want to wish you best of luck,