ragz4u
03-16 01:32 PM
http://www.aila.org/content/default.aspx?docid=18845
Members of the Senate Judiciary Committee finally broached the controversial subject of the undocumented population on day five of the Committee's markup of draft legislation on comprehensive immigration reform, but deferred any votes on the subject until after next week's congressional recess.
Chairman Specter began the day's proceedings by reiterating that it would be a "colossal mistake" for Senate Majority Leader Frist to bring an immigration bill to the Senate floor that had not been completely vetted by the Senate Judiciary Committee. As background, Senator Frist has threatened to bring his enforcement-only legislation directly to the Senate floor unless the Judiciary Committee produces a bill by March 27. Senator Frist could do this using the seldom employed "Rule 14" procedure that permits him to introduce a bill and bypass the committee process so that it goes directly to the Senate calendar. According to Senate sources, Senator Frist's bill would simply take Chairman Specter's proposal and strip out the guestworker plan and the provisions dealing with the estimated 12 million undocumented aliens present in the U.S.
Because Senator Frist apparently will not back off of his deadline, Chairman Specter proposed this morning to continue the Committee's work beyond what was to have been the final day of the markup (today). Unfortunately, the Senate is out on recess next week, leaving tomorrow or Monday, March 27, as the only available options for continued work. Most of the Senators present agreed that meeting on March 27 would make sense, with the exception of Senator Cornyn, who disagreed that bringing the Committee's incomplete bill to the floor would be problematic (clearly an attempt on his part to stave off debate in the Committee on what to do with the undocumented population). However, in a clear rebuke to Senator Cornyn, Chairman Specter responded that the Committee would proceed immediately to debate on the controversial issue of a path to citizenship for the undocumented!
Chairman Specter said that he and Senator Kennedy talked at length yesterday about the issue of the undocumented. He reiterated his concerns about the undocumented workers jumping the line in front of those who have followed the legal channels. He's concerned about 25-year backlogs for 4th preference beneficiaries and other long backlogs. However, he noted his willingness to find a way to put the undocumented on a path to citizenship at the end of the line. Chairman Specter also reiterated that he wants a bill to come out of Committee that can pass the floor and be reconciled with the House bill.
Senator Kennedy argued that the McCain/Kennedy bill will not lead to line-jumping, explaining that the bill's formula would clear backlogs and deal with the lines themselves. In addition, he noted his willingness to accept a 2nd degree amendment to ensure that legal permanent residence would not be granted to the undocumented population until both the current employment-based and family-based backlogs had been cleared. "What really is the alternative," he asked? "Mass deportations? Criminalization and a permanent subclass?"
Senator Kennedy continued by talking eloquently about the pure motives of immigrants who have come to this country, both historically and currently, to make a better life for themselves and their families. He said that we should admire the drive of these people. We should not treat them as criminals but should give them an opportunity. We should bring them out of shadows, have them pay a fine, work, and wait their turn. Senator Kennedy also noted that some 60,000 legal permanent residents currently serve in the U.S. Armed Forces.
Senator Kyl noted that no one on the Committee supports enforcement only, adding that his and Senator Cornyn's proposal would provide a "work opportunity," not a punishment. He said that the Specter "gold card" would be just like a green card but without the right to citizenship. He also opined that people waiting in the family-based backlog don't have the right to be in the U.S. now, so letting undocumented aliens get in line would harm those individuals who have been waiting patiently. At one point, he allowed that it might be OK to give a path to citizenship to high skilled workers but not to low skilled workers.
Senator Cornyn associated himself with Senator Kyl's remarks. "We can't accept everyone in the world who wants to come here," he said. And while he professed agreement with Senator Kennedy about the beneficial contributions and benevolent motivations of the undocumented population, he couldn't seem to get past the "law breaking" issue. "The American people won't accept a program to deal with the undocumented if we haven't finished the bill's enforcement titles," he argued. He also defended the Cornyn/Kyl "report to deport" proposal, noting that it is neither a ruse nor impractical. He added that the intention of the proposal is not to strand people outside of the country as some have accused.
Senator Durbin weighed in by stating that the immigration system has been broken for a long while. He recounted stories about important individuals he knows whose parents were undocumented aliens. He stood in support of the McCain/Kennedy proposal, calling it "tough but fair," and reiterated that we should not be criminalizing undocumented status, as both the Chairman's Mark and H.R. 4437 would do.
Senator Graham noted that many people, including many on the Republican side of the aisle, don't even want to debate this complex issue. For them, rounding these immigrants up and deporting them is the only answer. "Such a proposal is simply not feasible," Senator Graham added. He also noted that half of his family likely would not be able to meet the requirements of the McCain/Kennedy legislation, thereby buttressing the argument that it is no easy give away. "While there are lots of people on talk radio complaining about the undocumented, these folks are out there working," he said. "This is not a 'get out of jail free' card." In addition to those who would deport the undocumented population, there are others who would put them all in jail, he continued, adding that this also would not work. He warned Chairman Specter and others that they shouldn't be trying to avoid criticism on this issue, because they're all going to get it. He agreed that the undocumented population should be put in line behind all those currently waiting in the backlogs but does not believe it is appropriate to force them to leave the country in order to take part in the program, as this would break up families.
Senator Feinstein argued that the DHS would be incapable of handling such a massive program. She was also concerned with what would happen to those who apply for the program if they are unable to pass the requisite background checks. "Could people with minor misdemeanors get status,?" she asked. She requested a letter from Senator Kennedy's staff on the issue. Senator Feinstein also returned to the issue of DHS's processing capabilities, asking for additional information on the subject before the issue is brought to a vote.
Senator Specter indicated that he intends to work through the undocumented issue by beginning with the McCain/Kennedy bill and the 2nd degree amendment mentioned above by Senator Kennedy. He also indicated that there is a deal on the table between Senators Cornyn and Kennedy on the temporary worker (future flows) program.
Senator Feinstein brought up the subject of agricultural workers and wanted to know why they weren't included as part of the guestworker program. Senator Kennedy responded that the reason is because Senator Craig, the chief sponsor of AgJobs, would offer it as an amendment on the floor. Senator Brownback opined that they needed to have staff work out the details of any agricultural program.
Chairman Specter then noted that staff would be working out various details during next week's recess, confirmed continuation of the markup on March 27th, and gaveled the meeting to a close.
Members of the Senate Judiciary Committee finally broached the controversial subject of the undocumented population on day five of the Committee's markup of draft legislation on comprehensive immigration reform, but deferred any votes on the subject until after next week's congressional recess.
Chairman Specter began the day's proceedings by reiterating that it would be a "colossal mistake" for Senate Majority Leader Frist to bring an immigration bill to the Senate floor that had not been completely vetted by the Senate Judiciary Committee. As background, Senator Frist has threatened to bring his enforcement-only legislation directly to the Senate floor unless the Judiciary Committee produces a bill by March 27. Senator Frist could do this using the seldom employed "Rule 14" procedure that permits him to introduce a bill and bypass the committee process so that it goes directly to the Senate calendar. According to Senate sources, Senator Frist's bill would simply take Chairman Specter's proposal and strip out the guestworker plan and the provisions dealing with the estimated 12 million undocumented aliens present in the U.S.
Because Senator Frist apparently will not back off of his deadline, Chairman Specter proposed this morning to continue the Committee's work beyond what was to have been the final day of the markup (today). Unfortunately, the Senate is out on recess next week, leaving tomorrow or Monday, March 27, as the only available options for continued work. Most of the Senators present agreed that meeting on March 27 would make sense, with the exception of Senator Cornyn, who disagreed that bringing the Committee's incomplete bill to the floor would be problematic (clearly an attempt on his part to stave off debate in the Committee on what to do with the undocumented population). However, in a clear rebuke to Senator Cornyn, Chairman Specter responded that the Committee would proceed immediately to debate on the controversial issue of a path to citizenship for the undocumented!
Chairman Specter said that he and Senator Kennedy talked at length yesterday about the issue of the undocumented. He reiterated his concerns about the undocumented workers jumping the line in front of those who have followed the legal channels. He's concerned about 25-year backlogs for 4th preference beneficiaries and other long backlogs. However, he noted his willingness to find a way to put the undocumented on a path to citizenship at the end of the line. Chairman Specter also reiterated that he wants a bill to come out of Committee that can pass the floor and be reconciled with the House bill.
Senator Kennedy argued that the McCain/Kennedy bill will not lead to line-jumping, explaining that the bill's formula would clear backlogs and deal with the lines themselves. In addition, he noted his willingness to accept a 2nd degree amendment to ensure that legal permanent residence would not be granted to the undocumented population until both the current employment-based and family-based backlogs had been cleared. "What really is the alternative," he asked? "Mass deportations? Criminalization and a permanent subclass?"
Senator Kennedy continued by talking eloquently about the pure motives of immigrants who have come to this country, both historically and currently, to make a better life for themselves and their families. He said that we should admire the drive of these people. We should not treat them as criminals but should give them an opportunity. We should bring them out of shadows, have them pay a fine, work, and wait their turn. Senator Kennedy also noted that some 60,000 legal permanent residents currently serve in the U.S. Armed Forces.
Senator Kyl noted that no one on the Committee supports enforcement only, adding that his and Senator Cornyn's proposal would provide a "work opportunity," not a punishment. He said that the Specter "gold card" would be just like a green card but without the right to citizenship. He also opined that people waiting in the family-based backlog don't have the right to be in the U.S. now, so letting undocumented aliens get in line would harm those individuals who have been waiting patiently. At one point, he allowed that it might be OK to give a path to citizenship to high skilled workers but not to low skilled workers.
Senator Cornyn associated himself with Senator Kyl's remarks. "We can't accept everyone in the world who wants to come here," he said. And while he professed agreement with Senator Kennedy about the beneficial contributions and benevolent motivations of the undocumented population, he couldn't seem to get past the "law breaking" issue. "The American people won't accept a program to deal with the undocumented if we haven't finished the bill's enforcement titles," he argued. He also defended the Cornyn/Kyl "report to deport" proposal, noting that it is neither a ruse nor impractical. He added that the intention of the proposal is not to strand people outside of the country as some have accused.
Senator Durbin weighed in by stating that the immigration system has been broken for a long while. He recounted stories about important individuals he knows whose parents were undocumented aliens. He stood in support of the McCain/Kennedy proposal, calling it "tough but fair," and reiterated that we should not be criminalizing undocumented status, as both the Chairman's Mark and H.R. 4437 would do.
Senator Graham noted that many people, including many on the Republican side of the aisle, don't even want to debate this complex issue. For them, rounding these immigrants up and deporting them is the only answer. "Such a proposal is simply not feasible," Senator Graham added. He also noted that half of his family likely would not be able to meet the requirements of the McCain/Kennedy legislation, thereby buttressing the argument that it is no easy give away. "While there are lots of people on talk radio complaining about the undocumented, these folks are out there working," he said. "This is not a 'get out of jail free' card." In addition to those who would deport the undocumented population, there are others who would put them all in jail, he continued, adding that this also would not work. He warned Chairman Specter and others that they shouldn't be trying to avoid criticism on this issue, because they're all going to get it. He agreed that the undocumented population should be put in line behind all those currently waiting in the backlogs but does not believe it is appropriate to force them to leave the country in order to take part in the program, as this would break up families.
Senator Feinstein argued that the DHS would be incapable of handling such a massive program. She was also concerned with what would happen to those who apply for the program if they are unable to pass the requisite background checks. "Could people with minor misdemeanors get status,?" she asked. She requested a letter from Senator Kennedy's staff on the issue. Senator Feinstein also returned to the issue of DHS's processing capabilities, asking for additional information on the subject before the issue is brought to a vote.
Senator Specter indicated that he intends to work through the undocumented issue by beginning with the McCain/Kennedy bill and the 2nd degree amendment mentioned above by Senator Kennedy. He also indicated that there is a deal on the table between Senators Cornyn and Kennedy on the temporary worker (future flows) program.
Senator Feinstein brought up the subject of agricultural workers and wanted to know why they weren't included as part of the guestworker program. Senator Kennedy responded that the reason is because Senator Craig, the chief sponsor of AgJobs, would offer it as an amendment on the floor. Senator Brownback opined that they needed to have staff work out the details of any agricultural program.
Chairman Specter then noted that staff would be working out various details during next week's recess, confirmed continuation of the markup on March 27th, and gaveled the meeting to a close.
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pcs
06-17 01:58 PM
Would you like to send a mass mailer to all to generate momentum ???
trump_gc
03-21 02:15 PM
I am from NJ and will meet the lawmakers,,
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Refugee_New
05-15 12:19 PM
Don't preach...if this is your life..keep it with yourself..others have other reason to move forward with their life..no one has asked for any advise..just answer his questions..
Munna Bhai,
Why did you choose this pseudo name? Is it because of the character in that movie and the "Jaado ka jhappi" sentiments or something else?
This is the exact thing snathan was trying to do. I think you are an arrogant man.
snathan, it was touching and a very good post.
Munna Bhai,
Why did you choose this pseudo name? Is it because of the character in that movie and the "Jaado ka jhappi" sentiments or something else?
This is the exact thing snathan was trying to do. I think you are an arrogant man.
snathan, it was touching and a very good post.
more...
sunny1000
11-02 11:19 PM
If Republicans control the House, they will be too bitter because they can't repeal the Health Care Reform, and will not let CIR pass in 2011. Best hope is 2012 now. Obama could have easily passed CIR in past 2 years, instead he focused all his efforts on health care..
Dems were no good either...they could have easily worked with Bush to pass it in 2006/2007 but, they screwed it up by going with the points system and the "path to citizenship". Again, in 2008 they had all 3 chambers but, the hispanic caucus held the bill hostage. CIR will never get passed as long as there is that "path to citizenship" provision, in the upcoming congress. So, in reality, there is no CIR...now or ever.
Dems were no good either...they could have easily worked with Bush to pass it in 2006/2007 but, they screwed it up by going with the points system and the "path to citizenship". Again, in 2008 they had all 3 chambers but, the hispanic caucus held the bill hostage. CIR will never get passed as long as there is that "path to citizenship" provision, in the upcoming congress. So, in reality, there is no CIR...now or ever.
gc_on_demand
11-02 01:03 PM
I don't have any high hope. I am guessing that Mr Oppenheim will do quarterly spill over of first quarter into first month of second quarter. So Lets wait for Jan bulletin..
I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.
I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.
more...
desi3933
06-19 02:52 PM
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
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venkygct
08-30 07:42 PM
^^^^^^^^^^^^^^^^
more...
DDash
08-08 12:03 PM
Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?
Well said Kshitijnt. You spoke the words that I wanted to speak :) Unfortunately, in this forum either people respond with the answers that don't make sense or use cliches.
Well said Kshitijnt. You spoke the words that I wanted to speak :) Unfortunately, in this forum either people respond with the answers that don't make sense or use cliches.
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gapala
02-12 08:10 PM
Just call IRS and they will talk to your employer for your W2. This has happened with me and stupid indian company "Hexaware" shipped it to me overnight past year after I called IRS. Guess what I also got useless call from so called "Big shots" to apologize for the situation and withdraw the complaint.
Employers cannot hold your W2. If you can prove with paystubs that you could not file tax returns because they refused to provide W2, IRS will get them. I am sure they wouldn't want to get into trouble with uncle sam just because of ego.
Employers cannot hold your W2. If you can prove with paystubs that you could not file tax returns because they refused to provide W2, IRS will get them. I am sure they wouldn't want to get into trouble with uncle sam just because of ego.
more...
imm_pro
06-12 08:29 PM
A hearing today illustrates why tech groups are blocked on this issue
June 12, 2008 (Computerworld) WASHINGTON -- When U.S. Rep. Zoe Lofgren (D-Calif.) led a U.S. House hearing today on bills that would make it easier for highly educated foreign tech workers to stay in the U.S., she had almost everything she needed to make her case. Underscore the word almost.
At the hearing, Lofgren's legislative effort was backed by the leading professional engineering group, the Institute of Electrical and Electronics Engineers Inc. (IEEE-USA); the Semiconductor Industry Association; and an academic group, the Association of International Educators.
What Lofgren didn't have was the support of everyone on her Subcommittee on Immigration, Citizenship and Refugees, Border Security and International Law.
"I think we should give the high-tech industry the innovators they need," said fellow committee member Rep. Luis Gutierrez (D-Ill.). But what do lawmakers tell foreign workers who labor on farms and apply pesticides -- that "you're not really smart?"
Gutierrez called farm workers "just as critical and relevant to the innovation of that industry" as tech workers are to IT innovation. And he urged the committee to take a "holistic approach" to immigration so that the most vulnerable "are not stigmatized by actions of the Congress."
Gutierrez' argument encapsulated why efforts to raise the caps on H-1B visas and green cards face a difficult time in Congress. Last year's failed attempt at immigration reform has turned the issue into an all-or-nothing fight for many lawmakers, which has so far stymied efforts by tech groups to win support for expanding the H-1B cap. The outlook for Lofgren's effort is uncertain at best.
She recently introduced three bills intended to make it easier for U.S. firms to hire graduates of U.S. universities who earn a degree in science, technology, engineering or mathematics. One bill, HR 6039, would exclude these graduates from the annual 140,000 limit on skills-based employment visas. A companion bill was introduced earlier this month in the Senate by Sens. Barbara Boxer (D-Calif.) and Judd Gregg (R-N.H.).
In response to Gutierrez' argument, Edward Sweeney, who chairs the Semiconductor Industry Association's Semiconductor Workforce Strategy Committee and is vice president of worldwide human resources at National Semiconductor Corp., said his industry is dealing right now with the loss of "job creating talent."
Every day, said Sweeney, foreign graduates are returning home, where they create jobs "to compete against us." Gutierrez countered by describing the threat of deportation or the risk of jail facing an undocumented worker in a meatpacking plant.
Stating the case for the IEEE was Lee Colby, an electrical engineer and 36-year employee of Hewlett-Packard Co. who now runs his own circuit design consulting company. "At this point, it's difficult to get enough engineers in the United States to staff our research and development labs," said Colby, calling that situation "somewhat pitiful."
He continued: "We definitely need talent from overseas to correct this situation."
The only person on the panel called to testify in opposition was Mark Krikorian, executive director of the Center for Immigration Studies, who argued that highly skilled workers are not really that highly skilled.
"Contrary to the claims of the lobbyists, these workers aren't necessarily the best and brightest," said Krikorian, citing a study by Norman Matloff, a computer science professor at the University of California at Davis.
But Sweeney said the semiconductor industry applies for up to 4,000 green card workers a year and he said those workers, many with masters degrees and above, "are crucial" to product research. "They are making north of $100,000 a year," he said.
June 12, 2008 (Computerworld) WASHINGTON -- When U.S. Rep. Zoe Lofgren (D-Calif.) led a U.S. House hearing today on bills that would make it easier for highly educated foreign tech workers to stay in the U.S., she had almost everything she needed to make her case. Underscore the word almost.
At the hearing, Lofgren's legislative effort was backed by the leading professional engineering group, the Institute of Electrical and Electronics Engineers Inc. (IEEE-USA); the Semiconductor Industry Association; and an academic group, the Association of International Educators.
What Lofgren didn't have was the support of everyone on her Subcommittee on Immigration, Citizenship and Refugees, Border Security and International Law.
"I think we should give the high-tech industry the innovators they need," said fellow committee member Rep. Luis Gutierrez (D-Ill.). But what do lawmakers tell foreign workers who labor on farms and apply pesticides -- that "you're not really smart?"
Gutierrez called farm workers "just as critical and relevant to the innovation of that industry" as tech workers are to IT innovation. And he urged the committee to take a "holistic approach" to immigration so that the most vulnerable "are not stigmatized by actions of the Congress."
Gutierrez' argument encapsulated why efforts to raise the caps on H-1B visas and green cards face a difficult time in Congress. Last year's failed attempt at immigration reform has turned the issue into an all-or-nothing fight for many lawmakers, which has so far stymied efforts by tech groups to win support for expanding the H-1B cap. The outlook for Lofgren's effort is uncertain at best.
She recently introduced three bills intended to make it easier for U.S. firms to hire graduates of U.S. universities who earn a degree in science, technology, engineering or mathematics. One bill, HR 6039, would exclude these graduates from the annual 140,000 limit on skills-based employment visas. A companion bill was introduced earlier this month in the Senate by Sens. Barbara Boxer (D-Calif.) and Judd Gregg (R-N.H.).
In response to Gutierrez' argument, Edward Sweeney, who chairs the Semiconductor Industry Association's Semiconductor Workforce Strategy Committee and is vice president of worldwide human resources at National Semiconductor Corp., said his industry is dealing right now with the loss of "job creating talent."
Every day, said Sweeney, foreign graduates are returning home, where they create jobs "to compete against us." Gutierrez countered by describing the threat of deportation or the risk of jail facing an undocumented worker in a meatpacking plant.
Stating the case for the IEEE was Lee Colby, an electrical engineer and 36-year employee of Hewlett-Packard Co. who now runs his own circuit design consulting company. "At this point, it's difficult to get enough engineers in the United States to staff our research and development labs," said Colby, calling that situation "somewhat pitiful."
He continued: "We definitely need talent from overseas to correct this situation."
The only person on the panel called to testify in opposition was Mark Krikorian, executive director of the Center for Immigration Studies, who argued that highly skilled workers are not really that highly skilled.
"Contrary to the claims of the lobbyists, these workers aren't necessarily the best and brightest," said Krikorian, citing a study by Norman Matloff, a computer science professor at the University of California at Davis.
But Sweeney said the semiconductor industry applies for up to 4,000 green card workers a year and he said those workers, many with masters degrees and above, "are crucial" to product research. "They are making north of $100,000 a year," he said.
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imm_pro
06-13 01:12 PM
Guys if you have already called..please ask ur spouse or request ur friends to make the call..every call counts..
more...
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anandrajesh
12-13 03:11 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Another one to add fuel to our burning fire. :(
It is not ethical to use Labor substitutions, but an effective way to bypass the long queue ahead of you.
all i want to say to you is, Beware of Desi Companies. Good Luck.
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Another one to add fuel to our burning fire. :(
It is not ethical to use Labor substitutions, but an effective way to bypass the long queue ahead of you.
all i want to say to you is, Beware of Desi Companies. Good Luck.
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syzygy
07-10 08:03 AM
May be we want to expose him on something like YouTube.
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
more...
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rajsenthil
06-10 01:44 PM
Quite honestly, if that is how you feel - perhaps you'd need to reconsider relocating to your home nation. I'm Indian, who grew up in the Middle East. I've lived in the United States for 6 years. I've always felt quite welcome and accepted in every way possible. I believe I've been treated fairly and have had the opportunity to live with Americans and contribute in positive ways. I continue to live here, primarily based on these sentiments. I'd never live here if I felt the way you do now. Nicely put ryan. This country has given me a lot that I could think of. I may get GC lately. But that does not stops me what I want to do right now.
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sam_hoosier
12-27 10:45 AM
All,
With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.
I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.
with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.
Every one feel free to post your views/opinions/Analysis on this topic ....
The impact of outsourcing (if any) would only be on lower level software/IT jobs which are getting sent to cheaper destinations. However the GC applicant pool is much wider than just IT/software programmers, so overall the impact would be smaller.
With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.
I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.
with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.
Every one feel free to post your views/opinions/Analysis on this topic ....
The impact of outsourcing (if any) would only be on lower level software/IT jobs which are getting sent to cheaper destinations. However the GC applicant pool is much wider than just IT/software programmers, so overall the impact would be smaller.
more...
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coloniel60
08-14 07:58 AM
Yes, there is no point in re-filing,rather it will create confusion. I spoke to USCIS ,at this point the fedex receipt no. is good enough ,to prve that your application reached service center,before 17th august . Now it makes sense to just wait for the receipt.
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
girlfriend a Lego Barrett .50 Cal
snathan
06-17 02:21 PM
This guy with absolutely clean record was held for 11 weeks for verification and lost his father in this process..
I have been trying for last 8 weeks non-stop in front of computer and I am not able to even see any open appointment...
WE REALLY NEED TO RAISE HELL ON THIS...
SENDING LETTERS TO CLINTON or may be IV rep team to meet her on this issue...
A lot of guys are stuck and have suffered for no reason...
Can you bring your friend here. If we can add stories from people who suffered, it would add more value.
I have been trying for last 8 weeks non-stop in front of computer and I am not able to even see any open appointment...
WE REALLY NEED TO RAISE HELL ON THIS...
SENDING LETTERS TO CLINTON or may be IV rep team to meet her on this issue...
A lot of guys are stuck and have suffered for no reason...
Can you bring your friend here. If we can add stories from people who suffered, it would add more value.
hairstyles wooden Barrett 50 .Cal
anshal
12-30 08:13 PM
R u serious? Is this really a serious question??? R u soooooooooo desperate to change ur employer that u cant wait for one more day? And that too a holiday...LOL joke of the day!!!
31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?
31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?
morchu
07-20 01:22 AM
Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
kumar1
08-19 09:02 PM
I can give you my example. 10 years in the US and got greened yesterday. Background -
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
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