Monday, June 20, 2011

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  • maddipati1
    12-31 02:20 PM
    PLEASE HIGHLIGHT RE-CAPTURE OF WASTED VISAS
    AND CHANGE IN THE LAW TO VISA ROLL-OVER IN FUTURE.

    I think asking for increase in visa numbers works against us, especially in this economy. They may not be interested in removing per country quota too.

    But, we have a genuine and strong case regarding re-capture of wasted visas. The root of this evil (retrogression) is due to wasted visas in last 5/6 years. Its quite simple math, US didn't stop/reduce H1 visas who get into the GC pipe, but reduced the number of people going out of pipe, hence the congestion.

    Please make sure u highlight this one. This should be top most priority all the time.


    Dear Sir/Madam

    I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.

    The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.

    These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
    The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.

    At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.

    These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.

    At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.

    So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�

    Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
    One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.


    Yours truely,
    Frustrated, law abiding, tax paying immigrant





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  • gjoe
    10-28 05:35 PM
    I was seeing lot of posts in this forum about reverse brain drain, so I wanted to comeup with a question which would answer my question without doubt.
    I wanted to see if all those who are in the GC queue and think that they are a very important for America and insist on that in their signature by saying "Help us stop reverse brain drain" are really meaning what they say.

    I beleive if we are so much in demand we can get a job in another country and have similar quality of life or better. So only poeple who are confident of the reverse brain drain and America should stop it will not hesitate to vote "Yes" if they are so frustated with the GC wait times.

    Once again thanks to everyone who so far particiapted in this poll and posted comments.

    Some people have given me negative reps for this poll saying it is useless but never say why "they" think it is useless. I would appreciate if you can post your opinion with those negative reps. Offcourse postive reps can be without opinon :D





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  • Macaca
    02-15 01:47 PM
    I am responding to some issues raised in the closed thread All big talks about Feb 15th relief (http://immigrationvoice.org/forum/showthread.php?t=3275). I feel that these issues need to be addressed.





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  • WillIBLucky
    11-16 01:24 PM
    How can people write this kind of information. Even I have come through and Indian company and I used to pay all taxes here which includes, Federal, Social, State etc.,

    This should end. People here should know that we are paying all taxes. And we are paying Social Security tax as well. Because of retrogression we don't yet know if we would get our green card. We still pay for it and we don't take a dime of it if we have to go back to India.

    We are helping the elders to have regular pay and this is what we hear? If there is a way as our friend said we should confront this legally.



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  • cjagtap
    07-18 02:55 PM
    PD-APRIL 04
    140 APPROVED- 04/07
    485 APPLICATION REACHED TSC-07-02
    NO REJECTION YET OR NO RECEIPT NOTICE YET.
    CHECKED CASHED -NOT YET
    Called service center -she said they sent all the applications back but if thats the case we should have gotten it by now.
    What if we dont get any receipt notice or rejected papers till the end of this month..do we have to recreate our medical sealed envelop again? what if the doc do not have anything on the computer and can not make copies?
    IN ThAT CASE WE ARE SURELY GOING TO AGAIN MISS AUGUST 17TH DEADLINE,IF NOT WILL BE STRESSED FOR NEXT ENTIRE MONTH!!!





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  • tnite
    10-24 01:39 PM
    I'm just keen to find out what's going on, and to get input on whether the I-129 being revoked is anything that can affect the I-140/I-485. I doubt it but would like to be sure. And to share what's going on in my case with others where it may have more of an impact if their H-1B ends up being revoked.

    Anyway, I doubt if it's anything that can't be fixed; my company is very reputable and our attorneys are already engaged.

    You had mentioned in your previous post that your EB2 green card was approved in June 2007or did you mean EAD?
    Am I missing something?



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  • chanduv23
    03-13 10:00 PM
    I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?

    APPRECIATE INPUTS. Any USCIS link will also help.

    Regards

    Though it is not related to this thread, it is a decision that only u can make. A friend of mine whose priority date is nowhere close and is still on h1b used his AP to reenter the US and when I asked him why he did not want visa stamping - he said "who will go through all the hasstles of appointments, stanidng in queue, wasting precious vacation time when you have a AP to reenter" . Now thats him - but u can make ur own decision based on ur corcumstance.





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  • eb3_nepa
    02-05 04:43 PM
    thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.

    Our main goal to solve the retrogression problem.

    Well then by that logic the US Govt can turn around and tell all of us the same thing right? This is our processing time, take it or go elsewhere :)

    Also converting to an f1 has SERIOUS implications. For starters you have to shell out a LOT of money for a full time degree. Secondly in some cases the person may STILL not be eligible to apply for an H1 coz that job profile.

    Lastly I did not mean we contact Human rights activists for the same.



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  • bkarnik
    09-17 02:35 PM
    Another one. Please wait. Still 6020

    King is losing it...he is referring to this bill as HR5882 instead of 6020...shows where he stands wrt immigration in general!!!!





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  • natrajs
    09-17 07:22 PM
    natrajs - Is your case at TSC or NSC?

    My case is submitted to TSC and it was never transferred to any other SC

    Rec Notice # SRC07XXXX
    EB2-I - June 04 ( Same Employer , Though I got the EAD, never switched to EAD, still have H1B Valid unitl Feb 2011 (9 to 12 YrH1B))
    RD - 8/8/07
    ND - 9/28/07
    FP - 11/1/07
    SLUD - 8/28/08
    HLUD - 9/15/09 - CPO E mail ( Self & Spouse)

    No RFE, SR on 8/27/09 - Recd reply on 9/4/09 stating that your case is pending and processing is delayed. Called two senators offices and sent them faxes, Lawyer sent a letter to AILA liason on 8/20/09 - So far no replies

    Called TSC on 9/15/09 eve 5 PM and talked to CSR and she convinced and transferred to officer, he told me that the case is under review since 8/28/08 and asked me to keep faith in the system

    And by 7 PM EDT - 9/15/09 recd the CPO - email for both of us

    If you need any other info , please PM me



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  • Humhongekamyab
    07-02 02:50 PM
    What exactly happens to them?
    Are they under a watch list?
    Many employers will open up a new company and operate?
    Maybe employers are ready to deal with this ????

    I am not sure what happened to them. I just saw the list.

    Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.

    Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.





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  • swede
    05-24 02:55 PM
    Still Indian IT depends on US market.
    Not for very long. There are bigger, faster markets than US in the world.

    No country come to the level of US yet in technology.
    A joke, right? Financially maybe, technologically never. Most European countries are far more technologically advanced than US. I'm sure Japan, Hong Kong, Singapore also are all more advanced than US.
    For example, only US is still using paper checks to transfer money. Using coins to pay for a phone call in phone booth. Still has no control over who lives in the country, or who goes in and out. Still not using computers for processing immigration applications (Why do I have to send in the same papers 10 times, send in tax papers, give my background info, give fingerprint 10 times.... and this all on paper... come on it is 2007 not 1907). Still drive around in cars instead of having a good inter-city connectivity with trains. No high speed trains. Still likes to see rubber stamps on official papers and believes it has any kind of value.
    And so on and on and on.... I could write a book why US is behind most civilized countries. But thats ok. US is what it is.

    But the worrying part is; it is going to get even worse when they kick out all the H1B etc who are here legally and provide free knowledge. And instead keeping the uneducated mass of Mexicans or south americans who run across the border illegally and then given amnesty by some fool in Congress. Good luck with that project.
    Not a country I want to live in or pay tax in.



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  • designserve
    12-29 07:05 PM
    Hi Guys

    I have posted a question in change.gov in the Science and Technology section.
    http://change.gov/page/content/openforquestions_20081217_private_url

    The name I have posted on is Shanky.The more interest shown on the question,the more chances I have got to get it replied.Can many of us in this forum show interest in the question by clicking on Yes?

    If all of us post similar questions,that will help too.I can go and click on it.

    Thanks





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  • willwin
    09-17 10:24 AM
    Guys,

    I guess the markup session starts at 10:15 am. Whoever is watching this live, please post the update here in this thread.

    Thanks!



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  • Macaca
    11-09 12:06 PM
    The Grassley Visa Tax (http://online.wsj.com/article/SB119397030162580100.html) The Wall Street Journal Editorial, November 2, 2007

    Congress has failed to pass immigration reform, so industries that depend on foreign workers have already been left in the lurch. But Senator Chuck Grassley now wants to make things worse.

    Last week Mr. Grassley, the Iowa Republican, slipped an amendment into a spending bill that would tax businesses that hire skilled immigrants an additional $3,500 per visa to a total of $5,000 each. According to the National Foundation for American Policy, this represents a $3.1 billion tax increase over five years on some of America's fastest growing companies.

    Companies employing foreign professionals who are here on H-1B visas already pay $1,500 per individual. The fee was originally set at $500 in 1998, but at least past increases have also included a rise in the number of available visas. When Mr. Grassley floated this tax back in April, it would have been part of a Senate bill that lifted the H-1B visa cap by 50,000 and put in place an escalator provision that allowed market demand to determine future increases.

    But the Grassley Tax proposed last week includes no such trade-off, leaving the H-1B visa cap of 65,000 per year intact. The need to increase this arbitrary quota, if not eliminate it, is clear. This year, the U.S. Citizenship and Immigration Services received approximately 120,000 applications for H-1Bs on the first day they were available.

    In addition to the hiring fee, current law already requires H-1B professionals to be paid the higher of the prevailing wage or actual wage paid to Americans in similar positions. So it's not as if U.S. businesses pursue foreign engineers, computer scientists and the like because they're cheaper to employ. Nor are these foreign workers overrunning the country and displacing Americans. In 2006, new H-1B professionals comprised 0.07 percent of the labor force.

    Citing anecdotal evidence -- "People have called our office," a spokeswoman tells us -- Senator Grassley says the fee increase is necessary to combat abuse and fraud. But the back wages owed to H-1B hires amounted to just $4.6 million in 2006, down from $5.2 million the previous year. In a $12 trillion economy, those numbers are infinitesimal. Department of Labor investigations reveal that some 90% of violations are paperwork offenses and good-faith misunderstandings.

    The Senator also maintains that his tax increase is needed to fund more federal programs for high-achieving U.S-born students, who are notoriously underrepresented in math and science. Leaving aside the dubious notion that the federal government doesn't spend enough money on education, the high-tech industry has already shelled out more than $2 billion to fund scholarships over the past decade. And that's not counting their other philanthropic efforts, nor the state and local taxes these companies pay to support public education.

    Mr. Grassley's justifications notwithstanding, the reality is that these skilled foreign nationals help U.S. companies compete globally and keep jobs and innovation inside the U.S. This is especially important when other countries are opening their doors to this human capital. The European Union, which says it's facing a shortage of some 20 million skilled workers over the next two decades, has announced plans to streamline its immigration process to attract foreign talent.

    So while even European bureaucrats are wising up to the importance of attracting global talent to keep an economy competitive, a Republican Senator is joining liberal protectionists to move the U.S. in the opposite direction. Go figure. If Congress can't see its way to fix our broken immigration system, the least it can do is not drive more jobs offshore.
    Investing in America, Making Things Worse (http://online.wsj.com/public/article/SB119449088264586132.html) By Sen. Chuck Grassley (R., Iowa) | Wall Street Journal, Nov 8, 2007

    I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).

    Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.

    I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.





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  • GCard_Dream
    01-31 11:29 AM
    I haven't read anywhere about what would happen to existing approved labors but since they can no longer be substituted, my understanding is that they can only be used for the original beneficiary. If that person has left the company then that labor is just trash.

    This should help because lot of people who have moved to other companies after the labor was approved, those labors will just be useless and taken out of circulation.

    If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?



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  • carbon
    09-13 03:42 PM
    This might sound weired..but I think we can get some support from Housing Market !
    Facts:
    ------
    The housing market is slowing down significantly and there are millions of unsold homes out there.

    More than 1/2 million people are stuck in the green card process. I am sure
    most are waiting for green card before they buy their house and make longtime commitment.

    I think we are a "Frozen" pool of customers for the Housing Market.

    500000 H1B X 300000 (average house price) = 150 billion dollar market is just
    inaccessible just because of retrogression.

    I think we should convince them to help us FINANCIALY
    Edit/Delete Message





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  • misanthrope
    10-03 03:48 PM
    on how you intentionally lied to get into US?

    Your post subject has grammatical errors. Please look into it. Thanks.





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  • bkam
    06-07 08:09 AM
    Well said, Logiclife. Life is a movement, fight. You won't get much (if anything at all) if you just wait for someone to give it to you. You have to get it.

    Except the native Indians, everybody in this country is an immigrant or a discendent of immigrants (and many of them illegal, btw, but they quickly forgot that...). But once they settle, the ex-immigrants immediately start putting hurdles before the new immigrants - laws of nature! Now we have: "Immigration is a privilege, not a right" :-) Come on!

    Our case is a tricky one because we do not have enough leverage to push the government to resolve quickly the mess it created with the backlog and the retrogression.

    The only way to fight it is to expose our case broadly via the US media. I was promoting this idea since I joined IV. In the beginning I was critisized for that since the core group thought that lobbying was an universal tool but later they changed their mind. So, I deeply believe that broad media coverage can only help solving the legal immigration mess.





    knnmbd
    06-07 12:58 PM
    I am married too, but i only said that there are other easier paths aswell.

    Regarding working late, i am a fulltime employee with H1-B and never came to office before 10:00AM and stayed after 6:00PM and never ever worked weekends. Mine can be an exceptional case, but what iam saying is, your relationship with your manager is important. This can make a lot of difference in your lives.
    As long as you deliver what is expected of you, you can even work 4 days a week and get paid for 40 hrs per week.

    I don't know, if we are deviating from our main discussion agenda started by LogicLife.
    --sri

    I disagree with Logiclife on immigration to the U.S( or to any other country for that matter) being a right. All that would have made sense when the "new world" was discovered and does not hold any water in today's context.
    Also, we get paid for getting the job done not working hard. So just a claim of being the most hardworking "class" of prospective immigrants will not cut it.





    zCool
    01-31 11:02 AM
    Those who are celebrating .. consider this.. your employer decides for any reason to not continue filing I-140 or decides to let you go in 6th yr.. earlier you used to have at least possibility of sub labor.. now you are basically straight out of luck.. Also if microsoft needed some genius from China or India to join their team and the guy obviously deserves special consideration due to business need and/or his talent.. they are stuck..! It's not good.. yes desi folks were selling and buying these but remedy is worse than the defect.. they could have made changes to rules to make it stringent and almost impossible to get but no reason to place such arbitraty deadlines etc.. if H1B and GC is geared towards desi consulting.. it's should not and will not exist in the long run..
    Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..



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