wahwah
09-12 10:27 PM
easy my friend...easy,....breathe.
yes, retrogression will remain the same for indians and chinese.....its already pretty bad for the indians. retrogression will hit ROW harder as they are current right now....atleast for EB2. let feb or march 2008 roll around then its going to get worse.
you dont have to get upset....just sit tight and watch the drama unfold.
otherwise you're welcome to fool yourself.
I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!
yes, retrogression will remain the same for indians and chinese.....its already pretty bad for the indians. retrogression will hit ROW harder as they are current right now....atleast for EB2. let feb or march 2008 roll around then its going to get worse.
you dont have to get upset....just sit tight and watch the drama unfold.
otherwise you're welcome to fool yourself.
I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!
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purplehazea
05-24 04:03 PM
1) AC21 is used for H1B Transfer AND
2) AC21 is use for EAD (485 phase) Job change
This bill is addressing number 1 above NOT number 2. The above scenarios reflect the current system not the future merit based or whatever else. I am assuming a case where an applicant continues under the old system.
If anyone disagrees please substantiate.
2) AC21 is use for EAD (485 phase) Job change
This bill is addressing number 1 above NOT number 2. The above scenarios reflect the current system not the future merit based or whatever else. I am assuming a case where an applicant continues under the old system.
If anyone disagrees please substantiate.
BECsufferer
05-13 02:04 PM
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
Dear unknown friend;
The EB categorizations are based on skill levels that add value to the intellect pool of the country. So EB1, EB2 and EB3 categories were established to develop a system that can be used for application review.
In Eb3 case, there is an over-supply in this category than the demand, which is the case frankly, you should think about how to overcome this challange. One easy way I hear most of the people are following is to qualify for next value added category i.e. EB2. I think this would be better way to overcome your problem than complain about in-justices. Someone rightly said, beggars are not choosers!
My apologizes in advance for all those offended. Please remember it wasn't my intent.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
Dear unknown friend;
The EB categorizations are based on skill levels that add value to the intellect pool of the country. So EB1, EB2 and EB3 categories were established to develop a system that can be used for application review.
In Eb3 case, there is an over-supply in this category than the demand, which is the case frankly, you should think about how to overcome this challange. One easy way I hear most of the people are following is to qualify for next value added category i.e. EB2. I think this would be better way to overcome your problem than complain about in-justices. Someone rightly said, beggars are not choosers!
My apologizes in advance for all those offended. Please remember it wasn't my intent.
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best_mode
07-20 05:17 PM
My interpretation: the vote was not on Cornyn's amendment; in response to a Point of Order raised, there was a motion to waive the Budget Act for Cornyn's amendment (the Budget Act requires 60 "Yes" votes to bring to the floor amendments to appropriation bills); if 60 senators had voted "Yes" (and agreed to waive the Budget Act requirement for Cornyn's amendment), then a vote on the actual amendment would only have required a simple majority. But because only 55 voted "Yes", the amendment failed to obtain the waiver; it was out of order because it did not qualify as an amendment to this bill.
Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.
Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.
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garybanz
11-29 01:49 PM
Here is what you should do:
1. Print this memorandum
http://www.ilw.com/immigdaily/news/2006,0913-aytes.pdf
2. Take it and go for infopass.
3. Insist that they follow the procedures outlined in the memo. Do not leave until they do what they have to do according to the memo. They have to provide you a receipt that they followed the procedures.
4. Get your EAD within a week or so after infopass.
Thank a ton for the help, Can you please tell in more detail what i need to do/say there? I have heard that people are being turned back pretty rudely at local offices. Also do i need to fill any forms before i go there?
Thanks Again,
1. Print this memorandum
http://www.ilw.com/immigdaily/news/2006,0913-aytes.pdf
2. Take it and go for infopass.
3. Insist that they follow the procedures outlined in the memo. Do not leave until they do what they have to do according to the memo. They have to provide you a receipt that they followed the procedures.
4. Get your EAD within a week or so after infopass.
Thank a ton for the help, Can you please tell in more detail what i need to do/say there? I have heard that people are being turned back pretty rudely at local offices. Also do i need to fill any forms before i go there?
Thanks Again,
r2i2009
05-04 01:05 PM
Agreed...it is personal decision...but for Indians...it is a difficult decision. The way India is growing....People who have lived here for more than 10years...are migrating back....i know a person who left...has warned me...just to earn and get out.....not good for kids future etc....
So...we are all still learning.....
----
Agreed it's frustrating to go thru a roller-coaster ride as far as GC is concerned. I believe members of IV are leaving no stone unturned to tide over the GC hurdles by speaking in one voice and acting in unison.
Literally, we must have the 'staying power' to do this. If people wanna go back to their home country, it's their personal decision. Impatience and frustration should not be the driving factor for people to return to their home country.
So...we are all still learning.....
----
Agreed it's frustrating to go thru a roller-coaster ride as far as GC is concerned. I believe members of IV are leaving no stone unturned to tide over the GC hurdles by speaking in one voice and acting in unison.
Literally, we must have the 'staying power' to do this. If people wanna go back to their home country, it's their personal decision. Impatience and frustration should not be the driving factor for people to return to their home country.
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singhsa3
05-13 10:29 AM
Take it easy!, EB2 India is going to meet the same fate next month. Based on our recent discussions with DOS.
I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?
We need IV help in this area.
I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?
We need IV help in this area.
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indianindian2006
09-22 06:38 PM
Call Call Call.......Please call.
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nixstor
04-13 10:15 PM
IT and BPO outsourcing is also leading to Americanization of Indian youth and Indian youth are spending their high salaries on American products. In no time you will see American fast food chains, groceries, and many American MNCs cashing on a Americanized Indian crowd and neutralize ( and will eventually exceed the investments they make).
This is the beginning of Americanization. Most of you will not understand what I say because you are here in US for a long time and being first generation immigrants (on a limbo) keep up with your tradition. Americanization is like a slow bleed. IT and BPO is investment. Returns will come in form of MNCs and businesses and finally benefit American economy.
Just go back to India and look into the ITand BPO companies and lifestyles of people there. it will be 5 times higher than what we follow here as the Americanization is already induced.
Bottomline, do not underestimate America. They know what they do.
I share your thoughts. There are a multitude of sectors/issues that are mimicking the American style. With the advent of ICICI, any body can pretty much walk in and get a loan with a 30 yr EMI. Imagine the number of people losing jobs in India, both at Multinational and local companies providing services if the economy tanks here. What are people gonna do with home loans they signed up for 30 yrs or what ever? Fore closures on a grand scale?? Indian economy has been going up.. up and up due to software services and BPO sector. With out any manufacturing, infrastructure building up it would be very difficult for Indian economy to sustain growth or level out gracefully when hit hard. IMHO, Just being the back office of the world will not get India on par with US.
This is the beginning of Americanization. Most of you will not understand what I say because you are here in US for a long time and being first generation immigrants (on a limbo) keep up with your tradition. Americanization is like a slow bleed. IT and BPO is investment. Returns will come in form of MNCs and businesses and finally benefit American economy.
Just go back to India and look into the ITand BPO companies and lifestyles of people there. it will be 5 times higher than what we follow here as the Americanization is already induced.
Bottomline, do not underestimate America. They know what they do.
I share your thoughts. There are a multitude of sectors/issues that are mimicking the American style. With the advent of ICICI, any body can pretty much walk in and get a loan with a 30 yr EMI. Imagine the number of people losing jobs in India, both at Multinational and local companies providing services if the economy tanks here. What are people gonna do with home loans they signed up for 30 yrs or what ever? Fore closures on a grand scale?? Indian economy has been going up.. up and up due to software services and BPO sector. With out any manufacturing, infrastructure building up it would be very difficult for Indian economy to sustain growth or level out gracefully when hit hard. IMHO, Just being the back office of the world will not get India on par with US.
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rangeela
02-07 09:18 AM
I have master's degree from US and 6 years of experience
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knnmbd
04-03 10:59 AM
Ragz4U
I understand that you guys have done a lot with limited resources, but trying to isolate yourself from the issue of illegal immigrants issue is not going to help us either. We need to use the momentum of illegal issue to sneak in our provisions (which we already have with the advance degree provision, exception of spouses from cap,capture of unused visa numbers).
I think you are wrong in stating that I do not grasp the issue that AILA is only interested in illegal immigration issue and not in EB3 retrogression. I know that more than you can imagine, which is why I have been urging the forum to stop asking every one to fax the senators with requests to remove hard limits by country or even concurrent filing of I145 when visa numbers are not current. I read on post by a junior member where that person DID GET A CALL BACK FROM ONE OF THE SENETORS OFFICE AND THAT GUY COULD NOT ARTICULATE THE ISSUE WHEN THE SENETOR ASKED HIM IF THE ISSUE WE ABOUT INCREASING H1-B�S.
Exactly what happens when thousands of people contact senators instead of one fax from one organization with one point of contact just so that if some one actually calls back from the senator�s office we at least have some one who could explain the situation in a way that makes sense?
Also, I know how difficult it could be to get an amendment in just as well as you and I also know the fact that the real interest is in solving the illegal immigrant�s issue. The reason for that is the issue that the U.S has is with ILLIGAL IMMIGRATION. The EB retrogression is really our problem, not some thing that is going to raise alarms in the senate. Which is why any amount of hue and cry is not going to change the situation? We should be glad that the advance degree provision, recapture of unused visa numbers and exemption of spouses from cap will make way for a few people and in the process clear up the backlog in EB3 category. We need to back this unanimously instead of trying to introduce new amendments in the last minute. No offence but
I understand that you guys have done a lot with limited resources, but trying to isolate yourself from the issue of illegal immigrants issue is not going to help us either. We need to use the momentum of illegal issue to sneak in our provisions (which we already have with the advance degree provision, exception of spouses from cap,capture of unused visa numbers).
I think you are wrong in stating that I do not grasp the issue that AILA is only interested in illegal immigration issue and not in EB3 retrogression. I know that more than you can imagine, which is why I have been urging the forum to stop asking every one to fax the senators with requests to remove hard limits by country or even concurrent filing of I145 when visa numbers are not current. I read on post by a junior member where that person DID GET A CALL BACK FROM ONE OF THE SENETORS OFFICE AND THAT GUY COULD NOT ARTICULATE THE ISSUE WHEN THE SENETOR ASKED HIM IF THE ISSUE WE ABOUT INCREASING H1-B�S.
Exactly what happens when thousands of people contact senators instead of one fax from one organization with one point of contact just so that if some one actually calls back from the senator�s office we at least have some one who could explain the situation in a way that makes sense?
Also, I know how difficult it could be to get an amendment in just as well as you and I also know the fact that the real interest is in solving the illegal immigrant�s issue. The reason for that is the issue that the U.S has is with ILLIGAL IMMIGRATION. The EB retrogression is really our problem, not some thing that is going to raise alarms in the senate. Which is why any amount of hue and cry is not going to change the situation? We should be glad that the advance degree provision, recapture of unused visa numbers and exemption of spouses from cap will make way for a few people and in the process clear up the backlog in EB3 category. We need to back this unanimously instead of trying to introduce new amendments in the last minute. No offence but
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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?
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a_to_z_gc
03-17 02:24 PM
Hi,
Mine was similar experience like yours. I had one question:
Similar to yours, they stamped the validity on my I-94 as well as the AP papers as one year from that date, which is somewhere in March 2009 whereas my AP expires in Spet 2008, so which takes precedence, the I-94 date in 2009 or the AP expiration date?
Thx.
No issues at all. I had to wait a little longer as I was referred to a special processing Q. They just looked at my passport and the two AP copies (nor I have shown them anything more myself) I received from USCIS. They stamped on both and returned me only one copy. I-94 issued for one year from the date of entry.
Mine was similar experience like yours. I had one question:
Similar to yours, they stamped the validity on my I-94 as well as the AP papers as one year from that date, which is somewhere in March 2009 whereas my AP expires in Spet 2008, so which takes precedence, the I-94 date in 2009 or the AP expiration date?
Thx.
No issues at all. I had to wait a little longer as I was referred to a special processing Q. They just looked at my passport and the two AP copies (nor I have shown them anything more myself) I received from USCIS. They stamped on both and returned me only one copy. I-94 issued for one year from the date of entry.
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nat23
11-09 09:59 AM
Patrick Leahy is pro-immigration (the to-be chair of the Senate Judiciary Committee). Here is his voting record:
Patrick Leahy on Immigration
Click here for 6 full quotes on Immigration OR background on Immigration.
Voted YES on establishing a Guest Worker program. (May 2006)
Voted YES on allowing illegal aliens to participate in Social Security. (May 2006)
Voted YES on giving Guest Workers a path to citizenship. (May 2006)
Voted NO on allowing more foreign workers into the US for farm work. (Jul 1998)
Voted YES on visas for skilled workers. (May 1998)
Voted NO on limit welfare for immigrants. (Jun 1997)
http://www.ontheissues.org/Senate/Patrick_Leahy.htm
Patrick Leahy on Immigration
Click here for 6 full quotes on Immigration OR background on Immigration.
Voted YES on establishing a Guest Worker program. (May 2006)
Voted YES on allowing illegal aliens to participate in Social Security. (May 2006)
Voted YES on giving Guest Workers a path to citizenship. (May 2006)
Voted NO on allowing more foreign workers into the US for farm work. (Jul 1998)
Voted YES on visas for skilled workers. (May 1998)
Voted NO on limit welfare for immigrants. (Jun 1997)
http://www.ontheissues.org/Senate/Patrick_Leahy.htm
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amitjoey
05-22 05:12 PM
Guys, this is the time to show the core group that we are a bunch of people thankful that there is IV to help us fight this fight.
We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.
I understand that some of you do intend to contribute and have contributed generously in the past,
But here are some mindsets, All of us fall in these 4 mindsets.
1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
2) I have contributed enough.
3) I will contribute if I feel like, when I see something comming out of this effort.
4) I do not have to contribute.
If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can plan better.
Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.
Category 3) This has been discussed, I do not want to talk about this category of members.
Category 4) Again - No Comments-
Lets show the core team that all of us fall in the first 2 categories.
The last thing we want the core to do is bite their fingers over funds. We do not want the core to get stressed out over funds. They have enough real work to do already.
I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. May be you were not aware that this organisation and the lobby money has come out of pockets of ordinary hard working people like you. But this is our last chance. WHAT ARE YOU WAITING FOR?.
We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.
I understand that some of you do intend to contribute and have contributed generously in the past,
But here are some mindsets, All of us fall in these 4 mindsets.
1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
2) I have contributed enough.
3) I will contribute if I feel like, when I see something comming out of this effort.
4) I do not have to contribute.
If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can plan better.
Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.
Category 3) This has been discussed, I do not want to talk about this category of members.
Category 4) Again - No Comments-
Lets show the core team that all of us fall in the first 2 categories.
The last thing we want the core to do is bite their fingers over funds. We do not want the core to get stressed out over funds. They have enough real work to do already.
I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. May be you were not aware that this organisation and the lobby money has come out of pockets of ordinary hard working people like you. But this is our last chance. WHAT ARE YOU WAITING FOR?.
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gauravsh
03-29 12:15 AM
Guys MY PD is feb 2008. I am recently watching vias bulletins. I am in EB2.
Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.
What are your thoughts, is it worth filing in EB2?
Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.
What are your thoughts, is it worth filing in EB2?
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bottlemani
04-26 07:57 AM
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12-11 10:32 PM
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saileshdude
07-04 12:22 PM
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
thamizhan
07-20 11:25 AM
Is there any thing to do with I-140approved/pending with I-485/ead/ap processing?
This is only to track people who sent their I-485 application documents to USICIS Nebraska Service Center and received by them on the same day.
If you are on that category, please vote.
This is only to track people who sent their I-485 application documents to USICIS Nebraska Service Center and received by them on the same day.
If you are on that category, please vote.
24fps
02-15 07:28 PM
Look, the H1 quota was not sufficient even when it was set at 115,000 pre-2000. It was only when it was set to 195,000 in 2001 that the quota exceeded demand. Now thanks to the report by USCIS last year, we know that about 20% of the H applications had fraud or technical violations. Even if you assume that the USCIS does a perfect job and catches this 20%, the quota that will be freed up won't be enough for the rest of the applicants.
The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.
actually pre 2000 the visa's were available all year long , then there was a crunch due to the y2K and then when the bubble burst it shrank again.
when USCIS said 20% were fraudulent , they meant complete fraud like , people paid $$ bought in here as programmers and then worked in gas stations , driving cabs etc
and again 20% was just taken from a sample space of about 260 or so
if USCIS were to count every case where a body-shopper has a guy on bench with no pay , h1b procured when no project available that 20% will double up atleast.
the Anti-immigrant lobby will always be present whatever year/century it is , its human nature , so that fight will always be there , in boom time or recession or whatever
but this country is smarter in terms of dealing with anti-immigrants unlike UK and parts of europe where they completely cave in.
The issues we face have less to do with fraud and more to do with the anti-immigration forces who dislike the 1965 immigration law. Claiming fraud, cheap labor, harm to the environment from increased population are just convenient means to couch opposition to permanent immigration in.
actually pre 2000 the visa's were available all year long , then there was a crunch due to the y2K and then when the bubble burst it shrank again.
when USCIS said 20% were fraudulent , they meant complete fraud like , people paid $$ bought in here as programmers and then worked in gas stations , driving cabs etc
and again 20% was just taken from a sample space of about 260 or so
if USCIS were to count every case where a body-shopper has a guy on bench with no pay , h1b procured when no project available that 20% will double up atleast.
the Anti-immigrant lobby will always be present whatever year/century it is , its human nature , so that fight will always be there , in boom time or recession or whatever
but this country is smarter in terms of dealing with anti-immigrants unlike UK and parts of europe where they completely cave in.
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