smuggymba
01-01 06:37 PM
Thanks Almond... your post summarizes exactly how ppl in my position feel. one of my frds did MBA from top 20 B-school but could not change to a new job in management career becoz his I-140 approved but did not file for I-485 yet and worse yet he crossed 6 year H1b. now he is also living on 3 year h-1b extensions with approved I-140. when he was venting his frustration like me, one a$$hole (GC holder) suggested he move back to his home country. funny thing was this a$$hole got her GC becoz she married some bakra who already applied for GC. within 6 months after she arrived in US, her huby got them GCs. This dumb wothless piece of $hit doesnt know how hard (impossible ?) to get GC in this lifetime becoz she got it in 6 months :mad: .
The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.
Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.
Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.
The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.
Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.
Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.
wallpaper Free heart clip art to use in
Omm
11-14 08:50 PM
I read in murthy.com that asking money for H1 b is illigal. below is the link for more info
http://murthy.com/news/n_hfraud.html
Fraud vs. Technical Violations
For purposes of the BFCA, fraud is defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, essentially, are errors, omissions, and failures to comply that are not within the fraud definition.
�MurthyDotCom
Examples of items that were categorized as technical violations include instances of employers requiring H1B workers to pay filing fees that are designated by regulation to be the obligation of the employer, as well as the deduction of other H1B-related fees from employees' wages, and, thereby, reducing the wages of these H1B workers to levels below the LCA wage requirement. Other technical violations included general failure by employers to pay beneficiaries at least the prevailing wage for the occupations within their particular geographic locations as listed on the LCAs, employment of H1B workers in geographic locations not covered by valid LCAs, and the benching of H1B employees. The fact that these were characterized as technical violations does not mean that, if found to be intentional, they could not fall under the definition of fraud.
http://murthy.com/news/n_hfraud.html
Fraud vs. Technical Violations
For purposes of the BFCA, fraud is defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, essentially, are errors, omissions, and failures to comply that are not within the fraud definition.
�MurthyDotCom
Examples of items that were categorized as technical violations include instances of employers requiring H1B workers to pay filing fees that are designated by regulation to be the obligation of the employer, as well as the deduction of other H1B-related fees from employees' wages, and, thereby, reducing the wages of these H1B workers to levels below the LCA wage requirement. Other technical violations included general failure by employers to pay beneficiaries at least the prevailing wage for the occupations within their particular geographic locations as listed on the LCAs, employment of H1B workers in geographic locations not covered by valid LCAs, and the benching of H1B employees. The fact that these were characterized as technical violations does not mean that, if found to be intentional, they could not fall under the definition of fraud.
vinodp1978
06-28 03:44 PM
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??
2011 clip art heart pictures.
kak1978
06-25 11:23 AM
May be some one who has already renewed their AP can answer this:
I am about to renew my AP. What will be the start date on the new AP. Is it the date after the current AP expires(like with EAD) or the date the renewal application is approved. Appreciate any responses.
Can someone answer this please.
Thank you.
I am about to renew my AP. What will be the start date on the new AP. Is it the date after the current AP expires(like with EAD) or the date the renewal application is approved. Appreciate any responses.
Can someone answer this please.
Thank you.
more...
somegchuh
07-22 01:40 PM
That's exactly my point. I am not saying one should not go to India. Canada is really an option for those who have spent a significant part of life in US and for personal reasons would like to live in Canada.
That having been said, I would lile to hear experiences from those who have moved to canada or who have "real" friends who have moved from US. I am not interested in hearsay.
If you have moved from US to canada and had a bad experience please post it because we should know what to be prepared for.
I have heard the following -ve things about canada.
1. Smaller economy
2. Fewer IT jobs
3. Require licensure in other fields
I think the above are true but I want to hear real stories.
1. What kind of software co.s are there.
2. What kind of IT support organizations(bank/healthcare/manufacturing) are there.
3. What skill sets are in demand.
4. How hard is it to land interviews.
5. What kind of interviews can one expect
What are the +ve things about canada?
1. Freedom to choose profession
2. Freedom for wife to worl
3. Cheaper housing.
4. Anything else?
Let's keep the ideas flowing ....
Here is what people forget in this debate. They point out disadvantages of Canada over US. Fewer jobs, High taxes, extreme cold etc.
No doubt US is better than Canada for most people. That is why US is our first choice and Canada is backup - not the other way around.
We arent talking about people who have a choice here. If you had choice between US GC and Canadian PR we would always choose US blind folded.
But we are people without much choice. Yes we have choice to go back to India, and it may be a good choice for thoise who have come recently and have work exp in India. But some of us have spent 10 plus yrs in the US, have US degrees, never worked in India etc. For us it is extremely difficult to move back to India when we dont have a days work exp there. Ofcourse if you are SC/ST or OBC o reserved category your kids have great future there but not for other "normal" people.
So what other choice do we have. Well English speaking countries you can migrate to and who are taking people as PR's are:
1) CANADA
2) AUSTRALIA
3) NEW ZEALAND
4) SINGAPORE
5) UK.
UK is very difficult to go to as PR. The points required are extremely high. Unless you have MBA from top 10 school or make over 100 K it is difficult.
Singapore is a good option also, but cost of living is high and you can only apply for PR after working in Singapore for 3 plus yrs. Also Singapore is not a democracy.
New Zealand economy is 10 times worse than Canada
That leaves Australia and Canada. Well Canada is closer to US, but Australia has better weather. Canada is less racist but Australia has cricket :).
So bottom line is conduct this discussion as if US is not the option. If we could stay here with PR for sure we wouldnt even be having this discussion.
That having been said, I would lile to hear experiences from those who have moved to canada or who have "real" friends who have moved from US. I am not interested in hearsay.
If you have moved from US to canada and had a bad experience please post it because we should know what to be prepared for.
I have heard the following -ve things about canada.
1. Smaller economy
2. Fewer IT jobs
3. Require licensure in other fields
I think the above are true but I want to hear real stories.
1. What kind of software co.s are there.
2. What kind of IT support organizations(bank/healthcare/manufacturing) are there.
3. What skill sets are in demand.
4. How hard is it to land interviews.
5. What kind of interviews can one expect
What are the +ve things about canada?
1. Freedom to choose profession
2. Freedom for wife to worl
3. Cheaper housing.
4. Anything else?
Let's keep the ideas flowing ....
Here is what people forget in this debate. They point out disadvantages of Canada over US. Fewer jobs, High taxes, extreme cold etc.
No doubt US is better than Canada for most people. That is why US is our first choice and Canada is backup - not the other way around.
We arent talking about people who have a choice here. If you had choice between US GC and Canadian PR we would always choose US blind folded.
But we are people without much choice. Yes we have choice to go back to India, and it may be a good choice for thoise who have come recently and have work exp in India. But some of us have spent 10 plus yrs in the US, have US degrees, never worked in India etc. For us it is extremely difficult to move back to India when we dont have a days work exp there. Ofcourse if you are SC/ST or OBC o reserved category your kids have great future there but not for other "normal" people.
So what other choice do we have. Well English speaking countries you can migrate to and who are taking people as PR's are:
1) CANADA
2) AUSTRALIA
3) NEW ZEALAND
4) SINGAPORE
5) UK.
UK is very difficult to go to as PR. The points required are extremely high. Unless you have MBA from top 10 school or make over 100 K it is difficult.
Singapore is a good option also, but cost of living is high and you can only apply for PR after working in Singapore for 3 plus yrs. Also Singapore is not a democracy.
New Zealand economy is 10 times worse than Canada
That leaves Australia and Canada. Well Canada is closer to US, but Australia has better weather. Canada is less racist but Australia has cricket :).
So bottom line is conduct this discussion as if US is not the option. If we could stay here with PR for sure we wouldnt even be having this discussion.
AGC4ME
04-08 03:12 PM
Going back might be a good call. But the truth is, no matter how much money you got, how secured you are, the bottom-line is that the call has to come from the individual.
I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could people like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don�t know whether I am hard enough to fight the system at this current stage of my life.
There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.
For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that�s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.
So the answer for your question like in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.
I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know
- ;)
is the answer :-0). Remember in life you have to have an attitude of respecting others, if u think you need to be treated specially cause you have lived in America 10yrs then u would be definitely disappointed. A lot of my friends have relocated to India and I am too early next year. The only answer is attitude.
I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could people like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don�t know whether I am hard enough to fight the system at this current stage of my life.
There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.
For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that�s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.
So the answer for your question like in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.
I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know
- ;)
is the answer :-0). Remember in life you have to have an attitude of respecting others, if u think you need to be treated specially cause you have lived in America 10yrs then u would be definitely disappointed. A lot of my friends have relocated to India and I am too early next year. The only answer is attitude.
more...
atlfp
04-26 08:35 AM
Nicely done
2010 Free Clip Art and Stock Photos
chanduv23
07-08 02:51 PM
Relax buddy.
As long as you sent it by certified mail and have the return receipt, if it does not make into your file and if later they issue an RFE, you have covered your base. As long as your new job satisfied the AC21 parameters and you have the certified mail receipt, you are fine. Relax and enjoy new job.
Hmm, we did not send it by certified mail, my Attorney sent it by DHL. Does that matter?
As long as you sent it by certified mail and have the return receipt, if it does not make into your file and if later they issue an RFE, you have covered your base. As long as your new job satisfied the AC21 parameters and you have the certified mail receipt, you are fine. Relax and enjoy new job.
Hmm, we did not send it by certified mail, my Attorney sent it by DHL. Does that matter?
more...
ags123
04-07 08:33 PM
500 Eb1 numbers are unused
500 numbers spills to Eb2
There are no 100 Eb2 India cases and 50 Eb2 China cases and Eb2 ROW/phillipines/mexico is current
Now Eb2 India+Eb2 china uses up 150 numbers and
350 numbers spills to Eb3
Now there are 1000 Eb3 India cases from 2001 to 2003
Eb3 china,ROW etc there are 1000 cases fom 2003 onwards and none from 2001 to 2003
As spill over needs to go by PD Eb3 India takes of the 350 numbers and may be moves by 1-2 months and Eb3 ROW doesnt get any because no older cases.
DISCLAIMER: this is only illustrative and highly oversimplified, Actual scenario will have many many variables
500 numbers spills to Eb2
There are no 100 Eb2 India cases and 50 Eb2 China cases and Eb2 ROW/phillipines/mexico is current
Now Eb2 India+Eb2 china uses up 150 numbers and
350 numbers spills to Eb3
Now there are 1000 Eb3 India cases from 2001 to 2003
Eb3 china,ROW etc there are 1000 cases fom 2003 onwards and none from 2001 to 2003
As spill over needs to go by PD Eb3 India takes of the 350 numbers and may be moves by 1-2 months and Eb3 ROW doesnt get any because no older cases.
DISCLAIMER: this is only illustrative and highly oversimplified, Actual scenario will have many many variables
hair Clip
h1bmajdoor
04-28 11:19 PM
Then there will always be people like Lou Dobbs who will say that "potential immigrants will get points only if they make 240K a year and are 25 years of age". The UK is also restricting people by increasing the point based system. Now people who make 35,000 GBP a year do not get any points in the HSMP.
the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
more...
chanduv23
10-09 04:21 PM
^^^^^^^^^^^^^^
hot clipart. Pretty heart
nb_des
06-18 02:27 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?
more...
house Clip art of
HRPRO
05-23 09:18 AM
Roxy,
The only advice I think people can give you in this forum is:"DONT SHOP LIFT IN FUTURE"
HRP
The only advice I think people can give you in this forum is:"DONT SHOP LIFT IN FUTURE"
HRP
tattoo heart border clipart
msp1976
03-03 08:29 PM
Legal Immigrants in Limbo
It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.
A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.
As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.
Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.
And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’
United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.
The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.
Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.
The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.
In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.
It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.
A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.
As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.
Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.
And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’
United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.
The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.
Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.
The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.
In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.
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pictures #21464 Clip Art Graphic of a
aadimanav
08-21 02:52 PM
Everyone is acknowledging that Recapture Bill will help everyone, but no one is willing to do anything.
Next month, Congress will be in session for a very small interval of time, then why not try to do our best as much as we can regarding this bill.
EB3-I/04-2004.
Next month, Congress will be in session for a very small interval of time, then why not try to do our best as much as we can regarding this bill.
EB3-I/04-2004.
dresses heart flowers
mhathi
10-05 10:39 AM
Great news! Fight and fight till we succeed!!
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mantagon
09-15 02:41 PM
Now that you have seen 'good' results, what have you decided? Buy or Rent?
we have close to 200 votes... I never imagined the % will so much higer..... around 80%...
Thanks again.
we have close to 200 votes... I never imagined the % will so much higer..... around 80%...
Thanks again.
girlfriend and Heart Shaped Flower
Berkeleybee
04-26 09:04 PM
I would like to point out that it is not just skilled workers from India and China that are affected.
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
hairstyles heart clipart black. lack
zephyrr
11-03 10:28 PM
are you sure one can fund an NRE account in Rs?
i've had an NRE account and the only way to put money is in $. you can then withdraw the money in $ or Rs, but i haven't heard of being able to fund it with Rs to start with.
i believe that students can also bring a much bigger chunk nowadays, maybe try that track.
also, if the $100K can be brought to the US each yr, why can't parents send it here as a gift, what is the deal with 30%, does someone know?
Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
There is a limit I think but it must be like $25K..
Good Luck
i've had an NRE account and the only way to put money is in $. you can then withdraw the money in $ or Rs, but i haven't heard of being able to fund it with Rs to start with.
i believe that students can also bring a much bigger chunk nowadays, maybe try that track.
also, if the $100K can be brought to the US each yr, why can't parents send it here as a gift, what is the deal with 30%, does someone know?
Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
There is a limit I think but it must be like $25K..
Good Luck
arthsidhu
09-03 06:57 AM
We always had these people but they were never successful in bringing end to the issues faced by legal immigrants
walking_dude
09-22 02:10 PM
Let me be objective, as much I can be, here.
....there would have been more than 2,000 in DC.........but clearly they did not.......i was willing to give it a shot - but unfortunately could not and did not want to specifically postpone something else to make it to DC.......
Dear Sir, you didn't attend ,thinking that it was unworthy of postphoning a meeting. And yet you lament not more than 2,000 attended.
I don't know whether to laugh or cry at such statements.
.........those were different times and different issues.........colonialism, racial discrimination etc........who would employ us in the future...in Gandhi's days - they did not have electronic background checks......!!
The core issue is the same, back then and today - fight against Injustice, ill-treatment of human beings by Government.
Here's why Gandhi inspires people like me in our struggle.
"BE the change you'd like to see in the World" ( Gandhi's polite way of saying - cribbing doesn't help. Do it yourself, or ....)
He also said - " It's a bigger sin to suffer injustice than committing it" . [ He wasn't appreciative about Do-Nothings. Not at all. He called them the "greater sinners", as their silence encourages even more injustice]
I agree with you on one thing though. Gandhis struggle was bigger than ours. Ours is nothing compared to it - You talk of no "background checks" in Gandhis time... when people used to be beaten on their head for marching peacefully. Many of them would bleed to death. Our struggle may be inspired by Gandhiji, but we will never be able to match the sacrifices made by othose martyrs. We may be inspired by Gandhis principles, but we can never be the Gandhi.
But the least we can do to respect that great man, is to follow some of his principles (like those stated above) in to our daily lives. Is that too much to ask?
Another take - if US can have an endless source of temporary workers coming in, paying into income tax and social security taxes and medicare taxes for a few years......and going back without claiming a single dime of social benefits......its the best possible situation for US....a forever young, qualified, minimum wages (i.e prevailing wages) earning tax paying transient population supporting/ subsidizing an archaic and otherwise struggling social security and healthcare system.
Another of those arm-chair conspiracy theories. Knowledge retention is critical to companys success. A guy fresh out of college is never equivalent a guy with several years of experience in the same field. Dollar value is dropping, Rupee is rising, salaries in India are rising. If people cannot get GC in a short period of time, there would very little incentive in coming and working here. As you must be aware most H1s these days are used to outsource work to India (by Infy and others), and not to get people to work permanently here. I suggest you read the Kauffman report thoroughly to understand the situation.
.....to create a nice "politically correct shield" for people's own private agendas (and the collective agenda of all of us) - to get a GC. Are we here to improve america's competitiveness (if that was the primary purpose of our coming here - shame on us for not staying back and improving our respective motherlands' competitiveness) or our own future - if the latter - lets call a spade a spade.........
I admire your gall in dismissing us as shameless, self-serving, unpatriotic liars,in polite words of course , while doing absolutely nothing to help our cause.
Let me put this politely. "Don't do unto others, what you don't want others do unto you". Don't cast aspersions others, if you don't others to cast aspersions on you.
so - whats the "so what" from my post? is it to critique what IV is doing - no! The "so what" is - unless there are drastic and dramatic measures - concrete changes are not possible........small procedural victories - maybe........drastic change.....no way!
Dear Sir, what do YOU suggest that we do? You think peaceful rallies won't work. On the one hand, you suggest only disobedience movement will work. On the other, you scare us ,saying if we do that we are in deep-six.
In other words, you'd have us 'Do Nothing At All', and hope that our issues will vanish miraculously by the magic of Harry Potter.
Dear Sir, you deserve a Noble prize for your theories
....there would have been more than 2,000 in DC.........but clearly they did not.......i was willing to give it a shot - but unfortunately could not and did not want to specifically postpone something else to make it to DC.......
Dear Sir, you didn't attend ,thinking that it was unworthy of postphoning a meeting. And yet you lament not more than 2,000 attended.
I don't know whether to laugh or cry at such statements.
.........those were different times and different issues.........colonialism, racial discrimination etc........who would employ us in the future...in Gandhi's days - they did not have electronic background checks......!!
The core issue is the same, back then and today - fight against Injustice, ill-treatment of human beings by Government.
Here's why Gandhi inspires people like me in our struggle.
"BE the change you'd like to see in the World" ( Gandhi's polite way of saying - cribbing doesn't help. Do it yourself, or ....)
He also said - " It's a bigger sin to suffer injustice than committing it" . [ He wasn't appreciative about Do-Nothings. Not at all. He called them the "greater sinners", as their silence encourages even more injustice]
I agree with you on one thing though. Gandhis struggle was bigger than ours. Ours is nothing compared to it - You talk of no "background checks" in Gandhis time... when people used to be beaten on their head for marching peacefully. Many of them would bleed to death. Our struggle may be inspired by Gandhiji, but we will never be able to match the sacrifices made by othose martyrs. We may be inspired by Gandhis principles, but we can never be the Gandhi.
But the least we can do to respect that great man, is to follow some of his principles (like those stated above) in to our daily lives. Is that too much to ask?
Another take - if US can have an endless source of temporary workers coming in, paying into income tax and social security taxes and medicare taxes for a few years......and going back without claiming a single dime of social benefits......its the best possible situation for US....a forever young, qualified, minimum wages (i.e prevailing wages) earning tax paying transient population supporting/ subsidizing an archaic and otherwise struggling social security and healthcare system.
Another of those arm-chair conspiracy theories. Knowledge retention is critical to companys success. A guy fresh out of college is never equivalent a guy with several years of experience in the same field. Dollar value is dropping, Rupee is rising, salaries in India are rising. If people cannot get GC in a short period of time, there would very little incentive in coming and working here. As you must be aware most H1s these days are used to outsource work to India (by Infy and others), and not to get people to work permanently here. I suggest you read the Kauffman report thoroughly to understand the situation.
.....to create a nice "politically correct shield" for people's own private agendas (and the collective agenda of all of us) - to get a GC. Are we here to improve america's competitiveness (if that was the primary purpose of our coming here - shame on us for not staying back and improving our respective motherlands' competitiveness) or our own future - if the latter - lets call a spade a spade.........
I admire your gall in dismissing us as shameless, self-serving, unpatriotic liars,in polite words of course , while doing absolutely nothing to help our cause.
Let me put this politely. "Don't do unto others, what you don't want others do unto you". Don't cast aspersions others, if you don't others to cast aspersions on you.
so - whats the "so what" from my post? is it to critique what IV is doing - no! The "so what" is - unless there are drastic and dramatic measures - concrete changes are not possible........small procedural victories - maybe........drastic change.....no way!
Dear Sir, what do YOU suggest that we do? You think peaceful rallies won't work. On the one hand, you suggest only disobedience movement will work. On the other, you scare us ,saying if we do that we are in deep-six.
In other words, you'd have us 'Do Nothing At All', and hope that our issues will vanish miraculously by the magic of Harry Potter.
Dear Sir, you deserve a Noble prize for your theories
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