Macaca
09-03 08:54 AM
In 1996, Congress seriously considered proposals to reduce substantially legal immigration. S. 1394 would have reduced legal immigration by approximately 330,000 a year, or 41 percent, according to the U.S. Department of State. After much debate, those efforts were defeated in the Senate, while similar large-scale legal immigration reductions were stopped in the House.
If the cuts in legal immigration proposed in Congress in 1996 were to become law today, the size of the Social Security actuarial deficit would increase by 13 percent over a 50-year period. (page 8)
If the cuts in legal immigration proposed in Congress in 1996 were to become law today, the size of the Social Security actuarial deficit would increase by 13 percent over a 50-year period. (page 8)
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go_guy123
06-24 01:39 PM
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
Actually it is like the "Gareebi Hatao" (translation: Remove Poverty) slogan for the Democratic party. Something to be used in certain districts for election only.
Just like Gay Marriage issue for Republican party.
In fact Rahm Emanuel (key strategist of the democratic party and one of the people credited for the success of the Democratic party in the election) said immigration
is the third rail of American politics.
It is the independent voters that decide a election, not the core democratic(ultra liberal) or core republican(ultra right wing) supporters. Passing an CIR will piss off
a significant portion of these independents and will create a swing against the Democratic party. A very small swing can create devastating losses in the swing
states.
The immigration issues is in a factor in the 1st generation Hispanic community whose parents are illegals.
Even the younger generation wants illegal immigration control.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
Actually it is like the "Gareebi Hatao" (translation: Remove Poverty) slogan for the Democratic party. Something to be used in certain districts for election only.
Just like Gay Marriage issue for Republican party.
In fact Rahm Emanuel (key strategist of the democratic party and one of the people credited for the success of the Democratic party in the election) said immigration
is the third rail of American politics.
It is the independent voters that decide a election, not the core democratic(ultra liberal) or core republican(ultra right wing) supporters. Passing an CIR will piss off
a significant portion of these independents and will create a swing against the Democratic party. A very small swing can create devastating losses in the swing
states.
The immigration issues is in a factor in the 1st generation Hispanic community whose parents are illegals.
Even the younger generation wants illegal immigration control.
vinabath
06-20 09:12 AM
I do not think there 100K people in 2006+2007 PD. Thats a wild assumption. There is only 65k quota. I think 30K or 40K labor approvals during 2 years makes more sense to me.
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rsayed
12-14 03:24 AM
Guys,
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
To answer your question - Yes, it is still required that you file your Labor. On the form (ETA 9089), which you will use to file your Labor - the very first question asks "Is this a substitution, ..." - To which, you 'check mark' the "Yes" box.
Your Labor application will be filed as PERM application - Once, your "Labor substitution" is approved - You will then file the I-140, 485 etc.
I agree with "LogicLife" - Make sure this is not a scam, else you will be in a much vulnerable position 6 months down the line.
I know the answer to your question - coz' a co-worker of mine who sits next to me, got the same thing done - while, I'm in line...waiting...:(
GOOD LUCK!!!
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
To answer your question - Yes, it is still required that you file your Labor. On the form (ETA 9089), which you will use to file your Labor - the very first question asks "Is this a substitution, ..." - To which, you 'check mark' the "Yes" box.
Your Labor application will be filed as PERM application - Once, your "Labor substitution" is approved - You will then file the I-140, 485 etc.
I agree with "LogicLife" - Make sure this is not a scam, else you will be in a much vulnerable position 6 months down the line.
I know the answer to your question - coz' a co-worker of mine who sits next to me, got the same thing done - while, I'm in line...waiting...:(
GOOD LUCK!!!
more...
jitnair
08-05 09:50 PM
But consider this: I just posted this in the approval thread:
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.
May be writing to Ombudsman will help in this regard.
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.
May be writing to Ombudsman will help in this regard.
rameshvaid
05-31 11:28 AM
We have app. 30000 members.. We need more "YES's" . Pls. forward the links to friends and families to support. This takes under 5 minutes to do so..
Here is the link again:
http://www.opencongress.org/bill/111-s1085/show#comments
Thanks..
RV
Here is the link again:
http://www.opencongress.org/bill/111-s1085/show#comments
Thanks..
RV
more...
luckysuizhang
04-03 01:13 AM
sent
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tiinap
04-09 01:12 PM
"Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here."
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.
Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!
Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.
Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!
Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.
more...
xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
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MahaBharatGC
12-02 10:24 AM
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
My suggestion to you is to get your Bachelors also evaluated. Whether it requires for job or not but you need to demonstrate at least 16 years of education. So, you need to get evaluated how each degree you possess equivalent to US qualifications.
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
My suggestion to you is to get your Bachelors also evaluated. Whether it requires for job or not but you need to demonstrate at least 16 years of education. So, you need to get evaluated how each degree you possess equivalent to US qualifications.
more...
yash04
08-01 11:57 AM
I'm waiting for it too..RN from TSC - mine was recieved by 9.55 am and signed by some dude...who's was your's signed by?
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desi3933
02-19 02:14 PM
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
Sheila -
You have not responded to my post so far.
How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.
Have a good day!
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
Sheila -
You have not responded to my post so far.
How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.
Have a good day!
more...
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jethro11
04-21 02:16 PM
vhd999,
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
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nk2006
05-22 04:30 PM
Seems like everyone losing hope including core - as someone else said above its really sad to see this. Please dont lose hope at this critical moment else all of our efforts for last two years will go waste.
I cant imagine how much time/effort has been put into this effort by core members (as a relatively inactive member I myself could have easily spent several hundred hours on these forums in last year and half; and atleast some time in calling/faxing etc.). After all these efforts and seeing the current bill its understandable to get deeply disappointed. But dont lose hope yet. Its not over.
Logiclife - coming this from you really shook me. At one point you were so confident that having our measures in any future CIR is but gauranteed - we thought its just a matter of time. All of us were also thinking that we are in a better position to introduce and enact amendments in this congress. We still have time (2 weeks) for amendments - why are we thinking about alternate arrangements and slowly losing hope. Does this show our level of confidence now or this thread is meant for some light hearted fun?
I cant imagine how much time/effort has been put into this effort by core members (as a relatively inactive member I myself could have easily spent several hundred hours on these forums in last year and half; and atleast some time in calling/faxing etc.). After all these efforts and seeing the current bill its understandable to get deeply disappointed. But dont lose hope yet. Its not over.
Logiclife - coming this from you really shook me. At one point you were so confident that having our measures in any future CIR is but gauranteed - we thought its just a matter of time. All of us were also thinking that we are in a better position to introduce and enact amendments in this congress. We still have time (2 weeks) for amendments - why are we thinking about alternate arrangements and slowly losing hope. Does this show our level of confidence now or this thread is meant for some light hearted fun?
more...
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Widget
04-13 11:58 AM
I am sure this is the right place to ask such questions but I could not find other thread to post my question.
When we file for I-485, what document do we need to attach to the I-485 form?
Do we need valid Passports?
When we file for I-485, what document do we need to attach to the I-485 form?
Do we need valid Passports?
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axp817
07-07 06:56 PM
I missed this, will it be aired again, can it be viewed online?
Thanks,
Thanks,
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eilsoe
02-12 07:41 PM
IT'S A TIE!!!!
26 - 26 , me and Soul :beam:
Kir, add it to the main page ;)
26 - 26 , me and Soul :beam:
Kir, add it to the main page ;)
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ghouse1742
08-11 04:56 PM
I will use it surely when I come across a good opportunity. This is a provision provided by USCIS just for the specific purpose of changing jobs, so why do you anticipate any issues with using AC21 with in the guidelines for using it. I would also consult some one (best one will be a lawyer in my view) who has done this and has good knowledge of this to make sure everything is in order. Best of luck and enjoy the little flexibility AC21 provides.
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LostInGCProcess
03-02 03:37 PM
The simplest and easiest case for transferring money is because we dont know if we will ever get GCs, and our jobs are not guaranteed as we are on H1, so we can say we feel safer to keep the money back in home country than in this country and hence transfer the money.
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
Also I would like to add, the OP has stated that the house visit is from ICE(Immigration and Customs Enforcement) not USCIS officials...
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
Also I would like to add, the OP has stated that the house visit is from ICE(Immigration and Customs Enforcement) not USCIS officials...
simple1
06-18 06:44 PM
I support.
StuckInTheMuck
07-25 11:22 AM
Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485
Did not know infopass is a cure for anxiety and sleeplessness. Lot of doctors are about to lose their patients :)
Did not know infopass is a cure for anxiety and sleeplessness. Lot of doctors are about to lose their patients :)
