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21stIcon
02-21 09:42 AM
Question to champak,
Is it separate policy or more coverage for employer sponsored policy which you bought from your employer?. if it is binded with employer policy , how could you move to new employer or take out along with when you leave firm?
thx
Is it separate policy or more coverage for employer sponsored policy which you bought from your employer?. if it is binded with employer policy , how could you move to new employer or take out along with when you leave firm?
thx
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waitingnwaiting
05-31 11:10 AM
They fall under EB3. This bill if passed may be of some relief for EB3.
Yes this is EB3 relief bill.
Yes this is EB3 relief bill.
go_guy123
01-15 06:21 PM
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
.
Thats what I am sayin. Even naturalized citizenship can be revoked by revoking the underlying GC. Only citizenship by birth is the safest.
John walker Lynd was able to keep his citizenship in spite of being with Taliban. Had he been a naturalized citizen, I am sure US Govt would have revoked his citizenship by voiding his old GC.
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
.
Thats what I am sayin. Even naturalized citizenship can be revoked by revoking the underlying GC. Only citizenship by birth is the safest.
John walker Lynd was able to keep his citizenship in spite of being with Taliban. Had he been a naturalized citizen, I am sure US Govt would have revoked his citizenship by voiding his old GC.
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vpa_2009
03-17 09:44 PM
You all are right that we should not divide ourselves on EB2 and EB3 basis. But it is true that there is no hope for EB3 unless the point is raised for it in IV drive. EB3 is a hopeless case. People are so frustated since they are unable to decide about their future. Let's do something for it too.
more...
SGP
12-31 06:23 AM
Thanks SGP. Did I read this correctly ? you switched in 9th yr of h1 ? was ur I-485 pending or did u have EAD to change ? I just have I-140 approved. so if I change to a new job now, can the new employer use this old I-140 for extensions ? can new employer ask USCIS to port old priority date ?
floridasun: Yes, you are reading it right. I switched in the 9th yr of H1. As you can see from my signature I am yet waiting to apply for I-485. I have an approved I140 based on which I switched from Company A to Company B. The only things I had to do was transfer H1 to Company B and start New Labor. Once new labor is approved then, will have to do New I-140. You can ask USCIS for old priority date at the stage when you apply for new I-140. The new labor and I-140 can take anywhere between 6 to 8 months. Your old employer cannot revoke your approved I-140. Make sure that you have the copy of the approved I-140 before you quit.
Don't worry go for it. I know what it feels like.
Good Luck!
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
floridasun: Yes, you are reading it right. I switched in the 9th yr of H1. As you can see from my signature I am yet waiting to apply for I-485. I have an approved I140 based on which I switched from Company A to Company B. The only things I had to do was transfer H1 to Company B and start New Labor. Once new labor is approved then, will have to do New I-140. You can ask USCIS for old priority date at the stage when you apply for new I-140. The new labor and I-140 can take anywhere between 6 to 8 months. Your old employer cannot revoke your approved I-140. Make sure that you have the copy of the approved I-140 before you quit.
Don't worry go for it. I know what it feels like.
Good Luck!
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
bbct
06-28 08:21 AM
I have H1-b petition approval but i dont have h1-I-94 card.
Is it legal to work without h1-I-94 Card?
Do i need to travel out side of country ?
Is it legal to work without h1-I-94 Card?
Do i need to travel out side of country ?
more...
gcpain
04-09 02:27 PM
I just want to point out one missing thing here. I read all postings here and you guys talking about "People like lallu, Jaya, Karunanidhi, Naidu etc,". Might be you will add some more names for this category. I am sure most of the above patriotic Indians will not like to add names like Bal Thackeray, Modi etc. Majority of you guys like to add names like Dawood ibrahim (I hate guys who kill other human being including this guy) to bad guys list. At least people like "lallu, Jaya, Karunanidhi, Naidu etc" are Ok (that does not mean they are good). They kill one or two (might be 10/50) for their self interest and money. Guys like Bal Thackeray, Modi killing entire community openly by taking Police support. Same time so called patriotic-Indians elect these guys and make chief ministers. I always wonder when Thackeray, Modi can become ministers after committing such atrocities and walk freely in India, why can't people like Dawood Ibrahim (after all he is also indian and successful in his own profession).
You guys may think that I am racist by reading above lines. From bottom of my heart I vote for punishing all bad guys ( irrespective of their religion) who harm innocent human beings. Long live India����..
You guys may think that I am racist by reading above lines. From bottom of my heart I vote for punishing all bad guys ( irrespective of their religion) who harm innocent human beings. Long live India����..
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The7zen
09-11 06:31 PM
I have been playing safe these many years..... I can't take anymore of Apartment living.... it was OK when kids were 2-3 years old... not anymore..... I guess... you need to be little aggressive.... ;)
As someone said, its a personal choice.
With no GC and the economy still looking south.....buying a house is not the ideal way of being aggressive. If kids are growing bigger and you need a bigger place, just rent a house.
Just my .02
As someone said, its a personal choice.
With no GC and the economy still looking south.....buying a house is not the ideal way of being aggressive. If kids are growing bigger and you need a bigger place, just rent a house.
Just my .02
more...
pointlesswait
01-15 09:56 AM
it may get by.. if they make it 10 years.. then the chances of this bill passing will increase...
What argument will they have for ppl who have been waiting for 10+ years to get a GC.. ;-) (and they should be outside the quota..)
Thanks for your precious vote of confidence :D and your endorsement of my logic.
You've been waiting 6 years .... How about 6 more? If this thing passes in a similar form, would you rather again re-apply in a current category (that will not retrogress) or wait in your own (Eb2-Eb3) category for another 6 years (since that is probably how long it will take for the USCIS to process your app once the flood gates open)?
I've been here a looong time, though I started my GC processing only in 2005. I recently got laid off which is why I now have the time to check developments in the immigration world.
Peace out!
What argument will they have for ppl who have been waiting for 10+ years to get a GC.. ;-) (and they should be outside the quota..)
Thanks for your precious vote of confidence :D and your endorsement of my logic.
You've been waiting 6 years .... How about 6 more? If this thing passes in a similar form, would you rather again re-apply in a current category (that will not retrogress) or wait in your own (Eb2-Eb3) category for another 6 years (since that is probably how long it will take for the USCIS to process your app once the flood gates open)?
I've been here a looong time, though I started my GC processing only in 2005. I recently got laid off which is why I now have the time to check developments in the immigration world.
Peace out!
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xu1
04-03 10:47 AM
These IV core people took it up and organized a real grassroot effort when no other h1b or former h1bs were able to or willing to get organized and fight together to alleviate our pain.
The other day, reading posts/comments on WashingtonPosts by some former h1b holder against our cause really aggravated me.
If you don't agree with IV approach, that's fine and just add your dissenting voice into this organization, and continue and add to a healthy discussion. Now that this legislation pass or fail is so imminent, can't we just focus on one thing at a time? Being a detractor is not of much help with the senate and hostile house considering major reform bill(s) within the month. Let's say AILA would be of great help and sorry IV failed to realize how important they were, it's all too late now, so let's focus on doing whatever at hand the IV has already organized and built a momentum for.
Whatever the outcome, I'm happy some people organized this all. We'll fight on..
The other day, reading posts/comments on WashingtonPosts by some former h1b holder against our cause really aggravated me.
If you don't agree with IV approach, that's fine and just add your dissenting voice into this organization, and continue and add to a healthy discussion. Now that this legislation pass or fail is so imminent, can't we just focus on one thing at a time? Being a detractor is not of much help with the senate and hostile house considering major reform bill(s) within the month. Let's say AILA would be of great help and sorry IV failed to realize how important they were, it's all too late now, so let's focus on doing whatever at hand the IV has already organized and built a momentum for.
Whatever the outcome, I'm happy some people organized this all. We'll fight on..
more...
vinodmp
02-11 11:45 AM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
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ny-nonrir
05-11 12:40 PM
Like RAgz4u said, with a tight rope walk, it will be extremely difficult to get our amendments to pass.
Without that, even if the bill pasess and lets 12 million undocumented
folks get in the line, it is drastically going to clog USCIS which
may screw us up badly.
So what good is the CIR if our amendments dont get in ? Seriously....
Maybe we are better of without the CIR if our amendments are not in it.
Yes. It all depends on where they get in line.
Ragz4u, Do you have any idea about the process itself? Ppl are talking about illegals becoming legals. But what is going to be the process? I hope they dont jump in front of the people who are waiting at various stages now. For example if an illegal from a non-retrogressed country is allowed to apply for 485 today, he will get the GC ahead of all of us. Plus that would eat into the unused visas reclaim idea as well (if there is such a thing).
Without that, even if the bill pasess and lets 12 million undocumented
folks get in the line, it is drastically going to clog USCIS which
may screw us up badly.
So what good is the CIR if our amendments dont get in ? Seriously....
Maybe we are better of without the CIR if our amendments are not in it.
Yes. It all depends on where they get in line.
Ragz4u, Do you have any idea about the process itself? Ppl are talking about illegals becoming legals. But what is going to be the process? I hope they dont jump in front of the people who are waiting at various stages now. For example if an illegal from a non-retrogressed country is allowed to apply for 485 today, he will get the GC ahead of all of us. Plus that would eat into the unused visas reclaim idea as well (if there is such a thing).
more...
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charlotte-gc
03-17 04:33 PM
Guys - I have 2 sets of questions:
1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?
2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration Officer..how should one answer the question: 'Who is your current employer?'
thanks in advance!
charlotte-gc
1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?
2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration Officer..how should one answer the question: 'Who is your current employer?'
thanks in advance!
charlotte-gc
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chi_shark
09-29 01:55 PM
what are you? the policeman? let him write what he wants to... take it or leave it...
no offense to anyone...
No offense to anyone, you are still free to discuss anything you want.
The purpose of this thread was to get information from the immigration point of view and wether its ok to start your company if you have 485 pending and what effect it might have on your GC process and also to get valuable information from people who have already started their own company.
Guys Please post valuable information on this thread, so that it can help other people who are planning to start their own company.
no offense to anyone...
No offense to anyone, you are still free to discuss anything you want.
The purpose of this thread was to get information from the immigration point of view and wether its ok to start your company if you have 485 pending and what effect it might have on your GC process and also to get valuable information from people who have already started their own company.
Guys Please post valuable information on this thread, so that it can help other people who are planning to start their own company.
more...
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PavanV
08-18 05:10 PM
This my personal take on it, I want a GC, i have been in this country for the past 8 years, landed in 2001 finished my masters and have been employed since then. Life is good here, well thats what i think, sometimes better than home (i still call, because i was born there), i am not dissatisfied with the money i am making, although i think i get underpaid (i work in southern calif as permanent employee).
I came to this country so that i can survive in life, i.e. too much competition in India which means you need to really work hard to keep up with the competition (i am really lazy :D) , now with the fight for GC and all, added with the daily stress and chores, i am really thinking is the effort worth the reward, i keep getting this thoughts, i mean i am the only one with the thought that the effort/patience/sacrifice is not equal to the result ?.
I really wonder if all this is worth it, the stress is just too much. Reading other's stories makes me laud their patience, i know my struggle has just started, kudos to others who are still holding on :)
I came to this country so that i can survive in life, i.e. too much competition in India which means you need to really work hard to keep up with the competition (i am really lazy :D) , now with the fight for GC and all, added with the daily stress and chores, i am really thinking is the effort worth the reward, i keep getting this thoughts, i mean i am the only one with the thought that the effort/patience/sacrifice is not equal to the result ?.
I really wonder if all this is worth it, the stress is just too much. Reading other's stories makes me laud their patience, i know my struggle has just started, kudos to others who are still holding on :)
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baba84
05-17 08:21 AM
looking forward to participate in the event. just registered for the event.
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sathyaraj
11-08 08:36 AM
Hopefully we will continue the fireworks before this yr to get the visa re-capture and increase in EB visas.
Happy Diwali to everyone!!
Happy Diwali to everyone!!
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gc_maine2
07-19 11:22 AM
Now there are so many threads for July 2 filers, can we keep just one thread active (lets say this, or any other relevant thread please point me) If this is the main thread, members who have posted their info in other threads since july 2, please repost it for better tracking.
My info
EB3/PD march04/NSC
UPS delivered on july 2 @ 9.45 CDT
signed by : Rob Pitcher
My info
EB3/PD march04/NSC
UPS delivered on july 2 @ 9.45 CDT
signed by : Rob Pitcher
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gk_2000
04-19 10:37 AM
Again the same Obama moonwalk show? No thanks. I dont think anybody will buy the ticket
roseball
02-12 02:05 AM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
eb2waiter
05-28 06:16 PM
You should rather analyze how many people from India made innovations like starting a company, a technology, patenting a process etc, on H1B versus on GC?.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
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