desi3933
08-06 12:43 PM
Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
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saurav_4096
07-13 10:29 AM
My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
wc_user
04-14 07:09 PM
We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.
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file485
07-10 04:54 PM
UN..
from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
more...
prioritydate
01-10 10:24 PM
First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
I didn't relate anything, you tried to relate and I supported that. If some hardcore terrorist gathers his family members and try to hide in some house, then I would support bombing that house, so we can get rid of that terrorist. If Bin Laden gathers 20 children and hides in cave, I would say go and drop a nuke on the cave! I don't care...
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
I didn't relate anything, you tried to relate and I supported that. If some hardcore terrorist gathers his family members and try to hide in some house, then I would support bombing that house, so we can get rid of that terrorist. If Bin Laden gathers 20 children and hides in cave, I would say go and drop a nuke on the cave! I don't care...
GCNirvana007
03-23 01:06 PM
well..I guess..I will take Infopass and checkout whats going on..
I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..
and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..
but I am heading to Infopass have enough doubts now :cool:
Hope you get a knowledgable IO at the infopass. During my infopass, i taught something new to the IO about immigration !.
I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..
and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..
but I am heading to Infopass have enough doubts now :cool:
Hope you get a knowledgable IO at the infopass. During my infopass, i taught something new to the IO about immigration !.
more...
Macaca
01-20 10:11 AM
Could Congress Be Waking Up? (http://www.nytimes.com/2008/01/19/opinion/19mann.html?em&ex=1200978000&en=42615f161ac4daf2&ei=5087%0A) By THOMAS E. MANN, MOLLY REYNOLDS and NIGEL HOLMES | NY Times, Jan 19
AMID the clamor of the presidential campaign, it�s sometimes easy to forget that all 435 House seats and 35 of the Senate�s seats are up for election this year, too. So how should Congress under its new Democratic leadership be judged?
The public has reached a decidedly negative conclusion, based on Congress�s inability to force a change in policy on the Iraq war and the pitched partisan battles that characterized much of the year in Washington.
But expectations for seismic change in policymaking after the 2006 midterm elections were almost certainly too high, given the deep ideological differences between the parties, the Democrats� narrow majorities, the now-routine Senate filibusters and a Republican president determined to go his own way on Iraq, the budget and domestic policy.
Based on our research, the 110th Congress does deserve some praise. In 2007, the level of energy and activity on Capitol Hill picked up markedly. This is not surprising � when the Newt Gingrich Congress, its closest analogue, took over in 1995, the pace of legislative life sped up, too.
In terms of both the number and significance of new public laws, however, last year�s Democratic majority significantly outperformed that Republican Congress. Only one item described in the Republican Contract With America was signed into law at the end of 1995, while most of the proposals the Democrats announced as their agenda were enacted.
Democrats, to be sure, aimed lower in their specific legislative promises, but they managed to overcome the many obstacles in their way. Republicans in 1995 shot for the moon and ended up frustrated by Senate inaction, presidential vetoes and a government shutdown that proved politically damaging.
The new Democratic Congress delivered on the promise of ethics and lobbying reform, and made considerable progress in reining in earmarks, which had exploded under the previous 12 years of mostly Republican rule. In fact, between the 2006 and 2008 fiscal years, the cost of appropriations earmarks appears to have dropped from $29 billion to $14.1 billion. Perhaps most important, Congress reasserted itself as a rightful check on the executive branch, significantly stepping up its oversight on a wide range of important subjects.
But a less partisan, more deliberative and productive legislative process will have to await a clearer signal from voters in the 2008 elections.
The chart below shows how the 110th Congress spent its time, and what it accomplished, in its first year under Democratic control, compared with its immediate predecessor and with the Republican Congress that took office in 1995.
AMID the clamor of the presidential campaign, it�s sometimes easy to forget that all 435 House seats and 35 of the Senate�s seats are up for election this year, too. So how should Congress under its new Democratic leadership be judged?
The public has reached a decidedly negative conclusion, based on Congress�s inability to force a change in policy on the Iraq war and the pitched partisan battles that characterized much of the year in Washington.
But expectations for seismic change in policymaking after the 2006 midterm elections were almost certainly too high, given the deep ideological differences between the parties, the Democrats� narrow majorities, the now-routine Senate filibusters and a Republican president determined to go his own way on Iraq, the budget and domestic policy.
Based on our research, the 110th Congress does deserve some praise. In 2007, the level of energy and activity on Capitol Hill picked up markedly. This is not surprising � when the Newt Gingrich Congress, its closest analogue, took over in 1995, the pace of legislative life sped up, too.
In terms of both the number and significance of new public laws, however, last year�s Democratic majority significantly outperformed that Republican Congress. Only one item described in the Republican Contract With America was signed into law at the end of 1995, while most of the proposals the Democrats announced as their agenda were enacted.
Democrats, to be sure, aimed lower in their specific legislative promises, but they managed to overcome the many obstacles in their way. Republicans in 1995 shot for the moon and ended up frustrated by Senate inaction, presidential vetoes and a government shutdown that proved politically damaging.
The new Democratic Congress delivered on the promise of ethics and lobbying reform, and made considerable progress in reining in earmarks, which had exploded under the previous 12 years of mostly Republican rule. In fact, between the 2006 and 2008 fiscal years, the cost of appropriations earmarks appears to have dropped from $29 billion to $14.1 billion. Perhaps most important, Congress reasserted itself as a rightful check on the executive branch, significantly stepping up its oversight on a wide range of important subjects.
But a less partisan, more deliberative and productive legislative process will have to await a clearer signal from voters in the 2008 elections.
The chart below shows how the 110th Congress spent its time, and what it accomplished, in its first year under Democratic control, compared with its immediate predecessor and with the Republican Congress that took office in 1995.
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psvk
08-05 11:42 AM
I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.
Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.
We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit.
Most of us may agree with porting but not LC substitution as it is you are eating somebody's vomit.
You and OP joined the forum recently and not sure how much u have contributed to our cause, rather causing unnecessary stir.
By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.
Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.
We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit.
Most of us may agree with porting but not LC substitution as it is you are eating somebody's vomit.
You and OP joined the forum recently and not sure how much u have contributed to our cause, rather causing unnecessary stir.
By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.
more...
nogc_noproblem
08-06 02:08 PM
A drunk went into a telephone booth and dialed at random . . .
"Salvation Army," was the answer.
"What do you do?" asked the man.
"We save wicked men and women," came the reply.
"Okay, save me a wicked woman for Saturday night."
"Salvation Army," was the answer.
"What do you do?" asked the man.
"We save wicked men and women," came the reply.
"Okay, save me a wicked woman for Saturday night."
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willwin
07-13 04:46 PM
My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.
We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.
The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.
EB3 members - please draft a passionate letter(s) express the pain (not frustration)....
I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?
The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.
Thoughts?
We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.
The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.
EB3 members - please draft a passionate letter(s) express the pain (not frustration)....
I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?
The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.
Thoughts?
more...
Macaca
04-03 08:25 AM
Lobbying Expands in a Lean Year (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201749_2.html)
Election years are often fallow for lobbyists, because the interests that employ them tend to take a wait-and-see approach. Yet total spending on federal lobbying last year managed to zoom up to $2.6 billion, a nearly 11 percent increase from $2.4 billion in 2005, according to PoliticalMoneyLine.
The biggest-spending sector was finance, insurance and real estate, with $353.9 million, followed by health, with $337.7 million, new data from the Center for Responsive Politics show. Organized-labor lobbying was near the bottom, with $29 million in federal expenditures last year.
Spending by registered lobbyists has risen steadily year over year. And lobbyists expect another bumper season this year in the wake of the Democratic takeover of Congress. Change breeds uncertainty, they say, and uncertainty inevitably brings extra lobbying fees.
Election years are often fallow for lobbyists, because the interests that employ them tend to take a wait-and-see approach. Yet total spending on federal lobbying last year managed to zoom up to $2.6 billion, a nearly 11 percent increase from $2.4 billion in 2005, according to PoliticalMoneyLine.
The biggest-spending sector was finance, insurance and real estate, with $353.9 million, followed by health, with $337.7 million, new data from the Center for Responsive Politics show. Organized-labor lobbying was near the bottom, with $29 million in federal expenditures last year.
Spending by registered lobbyists has risen steadily year over year. And lobbyists expect another bumper season this year in the wake of the Democratic takeover of Congress. Change breeds uncertainty, they say, and uncertainty inevitably brings extra lobbying fees.
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willwin
07-14 08:09 AM
willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
Whether EB1 is presently retrogressed or not doesn't matter.
Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
fine, then why are we working so hard to remove the per country limit? That was set by law too!!!
We can't pick only those options that would favor us. Sometimes changes bring hard-luck.
Whether EB1 is presently retrogressed or not doesn't matter.
Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
fine, then why are we working so hard to remove the per country limit? That was set by law too!!!
We can't pick only those options that would favor us. Sometimes changes bring hard-luck.
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funny
09-26 02:34 PM
Do you think that It will effect everyone who is already waiting....I my personal opinion, the Point based system will be implemented to the new applications and not the pending ones...These applications are already in the Last stages why would they spend time and resources on these all over again...but again this is my personal opinion
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mmillo
07-08 12:57 PM
unitednations..!!
r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..
UN
we miss you and your experience
r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..
UN
we miss you and your experience
more...
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SunnySurya
08-05 03:25 PM
....
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shuyaib
12-24 10:24 AM
How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...
http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves
wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...
... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.
http://news.bbc.co.uk/2/hi/south_asia/6074994.stm
... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!
http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves
wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...
... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.
http://news.bbc.co.uk/2/hi/south_asia/6074994.stm
... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!
more...
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NeverEndingH1
12-17 04:10 PM
LOL!
Since everyone is posting what they want, I guess I can also just post anything here....
.
Since everyone is posting what they want, I guess I can also just post anything here....
.
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chintu25
08-28 09:42 AM
Two immigrants have just arrived in the United States and one says to the other, I hear that the people of this country actually eat dogs.�
�That�s odd,� her companion replies, �but if we are going to live in America, we might as well do as the Americans do.�
Nodding emphatically, one of the immigrants points to a hot dog vendor, and they both walk toward the cart. �Two dogs, please,� she says.
The vendor is only too pleased to oblige, wraps both hot dogs in foil and hands them over the counter. Excited, the companions hurry to a bench and begin to unwrap their �dogs.�
One of them opens the foil and begins to blush. Staring at it for a moment, she turns to her friend and whispers cautiously, �What part did you get?�
;)
�That�s odd,� her companion replies, �but if we are going to live in America, we might as well do as the Americans do.�
Nodding emphatically, one of the immigrants points to a hot dog vendor, and they both walk toward the cart. �Two dogs, please,� she says.
The vendor is only too pleased to oblige, wraps both hot dogs in foil and hands them over the counter. Excited, the companions hurry to a bench and begin to unwrap their �dogs.�
One of them opens the foil and begins to blush. Staring at it for a moment, she turns to her friend and whispers cautiously, �What part did you get?�
;)
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rajs
03-24 06:07 PM
i thing some1 has complained to uscis about you,
so your case is refered to NFDC , YOU might also get a interview call soon.
or the best thing get your GD
all the best
so your case is refered to NFDC , YOU might also get a interview call soon.
or the best thing get your GD
all the best
vactorboy29
10-01 04:18 PM
I do support Obama reason for that he got good plans to rescue this economy .He also understand how it feels when you treated differently .Another thought I have is, his father was came to this country for higher study and he understands What is American dream.
That is how i feel he will do better on our cause than his opponent.
That is how i feel he will do better on our cause than his opponent.
logiclife
07-09 01:11 AM
Well, we had a good debate on Radio on KPFK today.
I would like to thank Rajiv Khanna, Stuart Anderson, Carl Shusterman, Ashish and Swadha for participating on this show. Also Aman and Ashish for arranging this with Debo.
Today, a caller called the show when Debo opened the phone lines and this guy, named Mike, went on and on about how H1B program is similar to slave trade and H1B workers live like insects by piling up 10 people in a one-bedroom apartment and work 100 hours a week for 30 thousand dollars a year bla bla bla.
Without studying due process, or policy analysis, simply crying "Slave Trade", "H1B stole my job...waaaah...waaah", "H1B replaced me...waaah...waaah", they create good sound bites and play victims.
Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.
Let me say this to Mike and the likes of Zazona.com
Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor. If they apply for greencard, then that's because they want him on a permenant basis and there is a another labor certification process for that too, where there are newspaper and other advertisements for the job available to citizens first. Upon not finding a suitable fit, they file for labor certification. And let me remind you all that it takes 2-3 years for department of labor to do that coz they do an exhaustive review of the job offer.
Go Here on this link of Department of labor (http://ows.doleta.gov/foreign/perm.asp)and read the process for yourself. This system is designed to protect the citizens and IT WORKS.
Now in a few cases, if there was fraud, then that doesnt mean that the system does not work and should be abolished. Its like saying that we should abolish driving privileges of everyone just because some drivers drive drunk and kill pedestrians. By that token, we must also ground all commercial air travel because sometimes the planes crash and they kill people.
Another accusation is that H1B employees pay for their own fees sometimes and also for lawyer's fees. And they work like donkeys. Well, not everyone pays for the lawyers. In some rare cases, if the employees hire lawyers, its their own choice, for their own comfort and for their own complicated cases which are many time due to problems of their own making. Why would the employer pay for individuals immigration problems that are not tied to H1B or GC petitions filed by Lawyer? As to working additional hours, its called overtime my dear friend. And they are paid to do that. No one works for free. And no one works for less. If they are paid less than what they think they deserve, then they quit the employer and go to another employer next door who pays them more and treats them fairly.
And ya, another thing. Biggest subscriber of H1B program, especially since the late 90s has be the IT industry. Unemployment in IT industry is less than 2%. If H1B program is really making life worse, I am sure IT industry unemployment would have been more than national average of 5%.
And now, let me mention a few slaves and their slave-masters that I am really proud of...
There are nearly 2000 doctors who are on their path to permenant residency(Green card) in America. They are under Conrad-30 (J1) program. They serve 4 million americans in medically underserved areas. These are rural areas where its hard to find a proper grocery store, let alone a Doctor.
One of my friends works as a Doctor in Yuma, Arizona. The greencard process for him stalls him for years and years to move to a more desirable area even if he has done his due of serving in rural areas for X amount of years. His process would start over again if the area is no longer medically underserved.
And then there are nurses, who also make it to America from all over the world on H1B program. Now, if you've ever been to a Hospital, you would know that its not really the most pleasant job in the world. And there is a severe shortage of nurses in America. Even a 5 year old knows this. So by abolishing H1B program and employment based immigration program, you would get rid of the SLAVE nurses too, who work 12-hour shifts on jobs that American born RNA nurses dont accept.
Such Doctors and nurses are a beacon of hope to 4 million Americans where healthcare is difficult to come by. If such Doctors are slaves, then I am proud of those slaves and their slave masters, and I would love to be either one of them any given day of the week.
-Have a great weekend-
I would like to thank Rajiv Khanna, Stuart Anderson, Carl Shusterman, Ashish and Swadha for participating on this show. Also Aman and Ashish for arranging this with Debo.
Today, a caller called the show when Debo opened the phone lines and this guy, named Mike, went on and on about how H1B program is similar to slave trade and H1B workers live like insects by piling up 10 people in a one-bedroom apartment and work 100 hours a week for 30 thousand dollars a year bla bla bla.
Without studying due process, or policy analysis, simply crying "Slave Trade", "H1B stole my job...waaaah...waaah", "H1B replaced me...waaah...waaah", they create good sound bites and play victims.
Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.
Let me say this to Mike and the likes of Zazona.com
Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor. If they apply for greencard, then that's because they want him on a permenant basis and there is a another labor certification process for that too, where there are newspaper and other advertisements for the job available to citizens first. Upon not finding a suitable fit, they file for labor certification. And let me remind you all that it takes 2-3 years for department of labor to do that coz they do an exhaustive review of the job offer.
Go Here on this link of Department of labor (http://ows.doleta.gov/foreign/perm.asp)and read the process for yourself. This system is designed to protect the citizens and IT WORKS.
Now in a few cases, if there was fraud, then that doesnt mean that the system does not work and should be abolished. Its like saying that we should abolish driving privileges of everyone just because some drivers drive drunk and kill pedestrians. By that token, we must also ground all commercial air travel because sometimes the planes crash and they kill people.
Another accusation is that H1B employees pay for their own fees sometimes and also for lawyer's fees. And they work like donkeys. Well, not everyone pays for the lawyers. In some rare cases, if the employees hire lawyers, its their own choice, for their own comfort and for their own complicated cases which are many time due to problems of their own making. Why would the employer pay for individuals immigration problems that are not tied to H1B or GC petitions filed by Lawyer? As to working additional hours, its called overtime my dear friend. And they are paid to do that. No one works for free. And no one works for less. If they are paid less than what they think they deserve, then they quit the employer and go to another employer next door who pays them more and treats them fairly.
And ya, another thing. Biggest subscriber of H1B program, especially since the late 90s has be the IT industry. Unemployment in IT industry is less than 2%. If H1B program is really making life worse, I am sure IT industry unemployment would have been more than national average of 5%.
And now, let me mention a few slaves and their slave-masters that I am really proud of...
There are nearly 2000 doctors who are on their path to permenant residency(Green card) in America. They are under Conrad-30 (J1) program. They serve 4 million americans in medically underserved areas. These are rural areas where its hard to find a proper grocery store, let alone a Doctor.
One of my friends works as a Doctor in Yuma, Arizona. The greencard process for him stalls him for years and years to move to a more desirable area even if he has done his due of serving in rural areas for X amount of years. His process would start over again if the area is no longer medically underserved.
And then there are nurses, who also make it to America from all over the world on H1B program. Now, if you've ever been to a Hospital, you would know that its not really the most pleasant job in the world. And there is a severe shortage of nurses in America. Even a 5 year old knows this. So by abolishing H1B program and employment based immigration program, you would get rid of the SLAVE nurses too, who work 12-hour shifts on jobs that American born RNA nurses dont accept.
Such Doctors and nurses are a beacon of hope to 4 million Americans where healthcare is difficult to come by. If such Doctors are slaves, then I am proud of those slaves and their slave masters, and I would love to be either one of them any given day of the week.
-Have a great weekend-
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