yadav
10-24 03:31 PM
my lawyer sent mine on july 27 (normal no premium) and on october 10 i got an email from USCIS that my application is approved, yesterday got email from lawyer that he received the approval.
Your might be on the way, i would suggest wait for few more days, if lucky might save 1000$.
Your might be on the way, i would suggest wait for few more days, if lucky might save 1000$.
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amitjoey
05-19 04:45 PM
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html
Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.
Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html
Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.
Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.
juz4forums
07-20 04:10 PM
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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deejk
03-10 11:11 AM
They started it from March 4, 2011. I have asked the USCIS representative when i called today about when they are starting the Secure Mail Initiative to track Green Card/EAD. The procedure is still the same, if its lost in mail, you will have to file I-90. But atleast you will know if it has been mailed, to which city, state, zipcode it has been mailed to.
more...
martinvisalaw
01-06 05:42 PM
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
sands_14
06-11 01:20 PM
Please refrain from saying such a thing for President.
He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
6 years is a big time.
If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.
Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.
He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
6 years is a big time.
If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.
Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.
more...
rheoretro
09-25 04:37 PM
I think we can get some financial 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 200000 (average house price) = 100 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY.
Please IV Core members take this idea seriously and at least
SEND A LETTER TO National Association of Home Builders (NAHB) president.
Thanks for the suggestion. You're kidding, right? And if you are serious, please draft the letter yourself, and good luck getting a response from NAHB!
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 200000 (average house price) = 100 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY.
Please IV Core members take this idea seriously and at least
SEND A LETTER TO National Association of Home Builders (NAHB) president.
Thanks for the suggestion. You're kidding, right? And if you are serious, please draft the letter yourself, and good luck getting a response from NAHB!
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kish006
12-27 04:01 PM
It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
more...
pappu
04-10 12:28 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
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BPforGC
03-05 03:18 PM
It is easier to predict which stocks go up and which stocks go down on 17th April 2009, than what USCIS does. You will have more probability of guessing powerball winning numbers than that those f***ers at USCIS will do the next month.
Don't waste too much time on this... leave it to KARMA and enjoy your life.
Don't waste too much time on this... leave it to KARMA and enjoy your life.
more...
snathan
03-09 03:11 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.
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bluez25
07-16 01:58 AM
i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.
more...
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inUSA2000
01-31 02:11 PM
Get your degree evaluated by WES http://www.wes.org. or http://www.trustfortecorp.com/cou_evaluations.html
They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.
I am surprised how your attorney did not do this before submitting the application.
GOOD luck
They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.
I am surprised how your attorney did not do this before submitting the application.
GOOD luck
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krish2005
11-09 08:47 PM
I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
more...
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r2i2009
09-21 09:47 PM
Thanks...your replies were compassionate and philosophical in a way.
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
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abqguy
01-19 05:15 PM
lmao :D
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amitjoey
01-11 11:46 AM
Just so everybody understands:
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
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pappu
07-14 10:18 AM
Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
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photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
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jkays94
05-04 02:17 PM
Here are the relevant parts of the transcript (http://transcripts.cnn.com/TRANSCRIPTS/0605/03/acd.01.html) :
COOPER: Rising gas prices aren't the only thing causing heartburn this election year. Immigration reform is close behind. The battle at the border has spread into the heartland and across the country. Some politicians already paying the price. Ahead, we'll get a reality check from the best political team around.
Plus, a brazen break in the border. They've actually poured concrete here and they've formed steps which makes it easier for whoever was bringing drugs into the United States, actually climb up through the tunnel.
Tunnel built by drug runners. We showed it to you back in January. Now there's a new development in the story. What's going to happen to the tunnel? We'll bring you the latest next on 360.
(COMMERCIAL BREAK)
COOPER: Those pictures, of course, from Monday's massive immigration demonstrations. Hundreds of thousands of illegal immigrants and their supporters in the streets. They wanted to show their economic power. They hoped that would translate into political power. But now some critics are saying it's actually had the opposite effect, creating a backlash. And in at least one city so far the issue has already cost a Mayor his job. Here's CNN's Candy Crowley.
(BEGIN VIDEOTAPE)
CANDY CROWLEY, SENIOR POLITICAL CORRESPONDENT: This is where day laborers, mostly immigrants, legal and not, hang out looking for work in Herndon, Virginia. It may not look like an election issue, but last night, voters threw out their mayor and two city council members who pushed for the day labor center. This is the new mayor.
STEVE DEBENEDITTIS, HERNDON VIRGINIA MAYOR-ELECT: Welcome immigrants, but they have concerns, valid concerns, about illegal immigration.
CROWLEY: Fewer than 3,000 people voted in Herndon. Just about 24 hours after the nation watched hundreds of thousands of immigrants, legal and not, demonstrate across the country.
FRANK SHARRY, EXEC. DIR., NATIONAL IMMIGRATION FORUM: I've never known a politician who wasn't attracted to a large crowd. And these have been some pretty large crowds.
CROWLEY: True enough, it was evidence that the immigrant community can galvanize itself. The question is, to what end? Congress is reading the tea leaves.
SEN. HARRY REID, (D) MINORITY LEADER: I personally believe very, very fervently that they have helped, helped picture this issue in the minds of the American people in a positive fashion.
CROWLEY: Tea leaf reading is not an exact science, particularly in an election year where frankly democrats would be better off if the republican-led congress did nothing.
SHARRY: I think the congress is going to have a lot of explaining to do if they don't end this session with a good comprehensive bill.
CROWLEY: Republicans desperate for something to tout as accomplishment, anxious not to alienate core conservative voters, are afraid the demonstrations harden conservative opposition to anything that smacks of a break for illegals. SEN. MEL MARTINEZ, (R) FLORIDA: I believe at the end of the day we'll see that it really had a negative effect and it backfired on those of us who are trying to move forward something that is comprehensive but yet in middle course.
CROWLEY: Senator Mel Martinez of Florida says since Monday's demonstrations calls to his office have run 10 to 1 against his bill providing tougher border security and a pathway to citizenship after hurdles are jumped.
JOHN FUNU, WALL STREET JOURNAL: The boycott has so heated up the measure that we're not going to have any bill this year. It's simply poisoned the well.
CROWLEY: As Washington lawmakers struggle with the political weight of all those demonstrations --
SEN. JOHN CORNYN, (R) TEXAS: It wasn't clear exactly what the message was. And I think in some ways it tended to polarize people.
CROWLEY: Herndon, Virginia, is already discussing changes to ensure the day labor center cannot be used by illegals. The problem with tea leaves is, you never know which ones to read. Candy Crowley, CNN, Washington.
(END VIDEOTAPE)
COOPER: Well, earlier I spoke with Candy Crowley along with John Roberts and John King, part of the best political team on television.
(BEGIN VIDEOTAPE)
COOPER: John Roberts, what are the prospects for getting immigration reform this year?
JOHN ROBERTS, SR. NATIONAL CORRESPONDENT: That would depend on who you talk to. Some republicans who want to put a good spin on this say that it's possible that they can get it done. It might even be possible that they could get it done by the August recess. Other people including the White House are much more pessimistic about it saying they don't expect anything to happen until after the November election.
COOPER: Candy, I mean could these demonstrations really have backfired and derailed a compromised deal, even among those who support some sort of reform?
CROWLEY: Absolutely. I mean, the problem really is, first of all, the politics are that the democrats would rather have the issue at this point because it's an election year than a bill. The republicans would like a bill because it will be an accomplishment, but they have problems with their conservative core. And the people we talked to said listen, the demonstrations backfired. It left -- people looked and said well they're not working, and they're out demonstrating. You know, fair or not, the conservative core sort of toughened up. It seemed to have hardened both sides of this debate. COOPER: John King, a lot of talk, too about all the Mexican flags out in the street. Obviously there were a lot of American flags where organizers really tried to get American flags out there. But that certainly angers a lot of people. What are you hearing from the people you talked to in Washington?
JOHN KING, CHIEF NATIONAL CORRESPONDENT: Well, that tactic, as Candy just noted, there is a backfiring from these demonstrations. And that tactic in particular has emboldened conservatives. Remember the key question here is, if they can get a bill through the senate, can they then get the house to embrace a more liberal immigration policy? The house members, most are from safe conservative districts. And back home in their districts they didn't feel all that much pressure to begin with. And what they are saying now is that this sends an anti-American signal.
If these people want legal status in the United States, they should be holding American flags, they should be demonstrating for rights in the United States not celebrating Mexico or El Salvador. So to that degree, while the masses in the streets certainly showed the emerging political power and potential political power of the Latino vote, that symbol has helped the opponents of this measure especially in the house. It has simply stiffened the resolve of conservatives who say no to any new broad immigration reform.
COOPER: Rising gas prices aren't the only thing causing heartburn this election year. Immigration reform is close behind. The battle at the border has spread into the heartland and across the country. Some politicians already paying the price. Ahead, we'll get a reality check from the best political team around.
Plus, a brazen break in the border. They've actually poured concrete here and they've formed steps which makes it easier for whoever was bringing drugs into the United States, actually climb up through the tunnel.
Tunnel built by drug runners. We showed it to you back in January. Now there's a new development in the story. What's going to happen to the tunnel? We'll bring you the latest next on 360.
(COMMERCIAL BREAK)
COOPER: Those pictures, of course, from Monday's massive immigration demonstrations. Hundreds of thousands of illegal immigrants and their supporters in the streets. They wanted to show their economic power. They hoped that would translate into political power. But now some critics are saying it's actually had the opposite effect, creating a backlash. And in at least one city so far the issue has already cost a Mayor his job. Here's CNN's Candy Crowley.
(BEGIN VIDEOTAPE)
CANDY CROWLEY, SENIOR POLITICAL CORRESPONDENT: This is where day laborers, mostly immigrants, legal and not, hang out looking for work in Herndon, Virginia. It may not look like an election issue, but last night, voters threw out their mayor and two city council members who pushed for the day labor center. This is the new mayor.
STEVE DEBENEDITTIS, HERNDON VIRGINIA MAYOR-ELECT: Welcome immigrants, but they have concerns, valid concerns, about illegal immigration.
CROWLEY: Fewer than 3,000 people voted in Herndon. Just about 24 hours after the nation watched hundreds of thousands of immigrants, legal and not, demonstrate across the country.
FRANK SHARRY, EXEC. DIR., NATIONAL IMMIGRATION FORUM: I've never known a politician who wasn't attracted to a large crowd. And these have been some pretty large crowds.
CROWLEY: True enough, it was evidence that the immigrant community can galvanize itself. The question is, to what end? Congress is reading the tea leaves.
SEN. HARRY REID, (D) MINORITY LEADER: I personally believe very, very fervently that they have helped, helped picture this issue in the minds of the American people in a positive fashion.
CROWLEY: Tea leaf reading is not an exact science, particularly in an election year where frankly democrats would be better off if the republican-led congress did nothing.
SHARRY: I think the congress is going to have a lot of explaining to do if they don't end this session with a good comprehensive bill.
CROWLEY: Republicans desperate for something to tout as accomplishment, anxious not to alienate core conservative voters, are afraid the demonstrations harden conservative opposition to anything that smacks of a break for illegals. SEN. MEL MARTINEZ, (R) FLORIDA: I believe at the end of the day we'll see that it really had a negative effect and it backfired on those of us who are trying to move forward something that is comprehensive but yet in middle course.
CROWLEY: Senator Mel Martinez of Florida says since Monday's demonstrations calls to his office have run 10 to 1 against his bill providing tougher border security and a pathway to citizenship after hurdles are jumped.
JOHN FUNU, WALL STREET JOURNAL: The boycott has so heated up the measure that we're not going to have any bill this year. It's simply poisoned the well.
CROWLEY: As Washington lawmakers struggle with the political weight of all those demonstrations --
SEN. JOHN CORNYN, (R) TEXAS: It wasn't clear exactly what the message was. And I think in some ways it tended to polarize people.
CROWLEY: Herndon, Virginia, is already discussing changes to ensure the day labor center cannot be used by illegals. The problem with tea leaves is, you never know which ones to read. Candy Crowley, CNN, Washington.
(END VIDEOTAPE)
COOPER: Well, earlier I spoke with Candy Crowley along with John Roberts and John King, part of the best political team on television.
(BEGIN VIDEOTAPE)
COOPER: John Roberts, what are the prospects for getting immigration reform this year?
JOHN ROBERTS, SR. NATIONAL CORRESPONDENT: That would depend on who you talk to. Some republicans who want to put a good spin on this say that it's possible that they can get it done. It might even be possible that they could get it done by the August recess. Other people including the White House are much more pessimistic about it saying they don't expect anything to happen until after the November election.
COOPER: Candy, I mean could these demonstrations really have backfired and derailed a compromised deal, even among those who support some sort of reform?
CROWLEY: Absolutely. I mean, the problem really is, first of all, the politics are that the democrats would rather have the issue at this point because it's an election year than a bill. The republicans would like a bill because it will be an accomplishment, but they have problems with their conservative core. And the people we talked to said listen, the demonstrations backfired. It left -- people looked and said well they're not working, and they're out demonstrating. You know, fair or not, the conservative core sort of toughened up. It seemed to have hardened both sides of this debate. COOPER: John King, a lot of talk, too about all the Mexican flags out in the street. Obviously there were a lot of American flags where organizers really tried to get American flags out there. But that certainly angers a lot of people. What are you hearing from the people you talked to in Washington?
JOHN KING, CHIEF NATIONAL CORRESPONDENT: Well, that tactic, as Candy just noted, there is a backfiring from these demonstrations. And that tactic in particular has emboldened conservatives. Remember the key question here is, if they can get a bill through the senate, can they then get the house to embrace a more liberal immigration policy? The house members, most are from safe conservative districts. And back home in their districts they didn't feel all that much pressure to begin with. And what they are saying now is that this sends an anti-American signal.
If these people want legal status in the United States, they should be holding American flags, they should be demonstrating for rights in the United States not celebrating Mexico or El Salvador. So to that degree, while the masses in the streets certainly showed the emerging political power and potential political power of the Latino vote, that symbol has helped the opponents of this measure especially in the house. It has simply stiffened the resolve of conservatives who say no to any new broad immigration reform.
buddhaas
02-02 03:57 PM
Why Is H-1B A Dirty Word?
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form
InTheMoment
04-09 08:58 PM
I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
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