swissgear
08-24 12:00 AM
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.
And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.
All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .
Let me explain you how this works.....Exactly as to how it happened in my case.
First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.
Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.
While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.
After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.
Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.
And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...
BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
And coming to a conclusion about someone who you do not know about is uncalled for...
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.
And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.
All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .
Let me explain you how this works.....Exactly as to how it happened in my case.
First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.
Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.
While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.
After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.
Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.
And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...
BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
And coming to a conclusion about someone who you do not know about is uncalled for...
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jgh_res
07-20 03:09 PM
Contact TANA. I think they donated a million or so to clinton's.
Lest contact USINPAC!!!!!!!
Lest see what they can do...
Lest contact USINPAC!!!!!!!
Lest see what they can do...
ItIsNotFunny
11-10 03:42 PM
Nice to read. How much you trust USCIS and Ron Gotcher is a different issue to discuss :)
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vrbest
03-10 10:31 AM
Chase, Union Savings bank, Wells Fargo & Citi. I think if the sales person(agent) talking to us is well informed about our status they will work with the underwriters to get the loan approved- since it helps on their commissions as well.
vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.
vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.
more...
9years
11-08 06:18 PM
My company filed labor application on 13th September 2010 and it was approved on 2nd November 2010. Now getting ready for I-140. I thought I will share this info with the forum
Congrats on your Perm Labor Approval and Best of Luck on I-140.
Congrats on your Perm Labor Approval and Best of Luck on I-140.
Guest007
09-10 03:35 PM
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vinabath
07-20 12:59 PM
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
Also, there are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated.
All these add to the time.
You are not pessimistic. I know how federal contracting happens. If I am the federal contractor to USCIS and I have a contract with them. Lets say contract 's scope of work to process 485, 140, 765, 131 apps. USCIS can always add money to existing contract and ask for more man hours for the contract year. Most of the time Federal Installations have extra space to accomodate new temp resources.
So in 2-3 months they can add more resources to take care of this shit. But I can say for sure that dont expect EAD or AP in 3 months.
Also, there are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated.
All these add to the time.
You are not pessimistic. I know how federal contracting happens. If I am the federal contractor to USCIS and I have a contract with them. Lets say contract 's scope of work to process 485, 140, 765, 131 apps. USCIS can always add money to existing contract and ask for more man hours for the contract year. Most of the time Federal Installations have extra space to accomodate new temp resources.
So in 2-3 months they can add more resources to take care of this shit. But I can say for sure that dont expect EAD or AP in 3 months.
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leo2606
09-28 08:37 PM
But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
more...
DSJ
07-06 02:11 PM
Make sure you don't have internet in that area :D (You might accidentally login here are ruin your vacation)
coz we need some place to go for vacation ;)
coz we need some place to go for vacation ;)
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smc
09-29 08:15 AM
If this guy Emilio were the CEO of a company here, and if they wasted visa numbers in October after announcing in July that they had exhaused all of them, he would be fired almost immediately.
I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.
I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.
more...
truthinspector
01-03 05:01 PM
I think this is a really complex issue. We go thru a lot of thoughts now and then.
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.... *sigh*
GC Cons:
1.You cannot enjoy the company of your parents/relatives.
2.Your wife cannot work.
GC Pros:
1.You and your family will be raised in a pollution free environment.
2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
5.Infrastructure?
6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.... *sigh*
GC Cons:
1.You cannot enjoy the company of your parents/relatives.
2.Your wife cannot work.
GC Pros:
1.You and your family will be raised in a pollution free environment.
2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
5.Infrastructure?
6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).
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asharda
09-09 03:42 PM
My 1 cent (percent) towards 30K --- $300/-
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
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Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
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vayumahesh
01-07 11:37 AM
Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".
Opened a Service Request early this week and received a reply with the status as follows.
Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.
Online/Phone status is still processing .... I have to just wait and see I guess.
Opened a Service Request early this week and received a reply with the status as follows.
Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.
Online/Phone status is still processing .... I have to just wait and see I guess.
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02-23 07:18 PM
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rajeshalex
09-10 09:40 AM
This is really a bad news especially for those whose PD is between 2004-2005.Its like those who are waiting for a long time are being asked to wait more!!
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priti8888
07-23 03:35 PM
one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years
We suffered a lot as well..We applied first in 2001 and then my husband got laid off and had to start process all over again. We are on our 9th year H1 , so it was'nt all rosy for us ..
We suffered a lot as well..We applied first in 2001 and then my husband got laid off and had to start process all over again. We are on our 9th year H1 , so it was'nt all rosy for us ..
more...
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bajrangbali
06-11 09:13 AM
I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.
If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.
Here are a few things you can do:
1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.
2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.
3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.
USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.
4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.
5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.
TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.
I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.
That is the least I could do to peacefully protest against the discrimination against me and my country people.
If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.
Here are a few things you can do:
1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.
2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.
3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.
USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.
4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.
5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.
TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.
I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.
That is the least I could do to peacefully protest against the discrimination against me and my country people.
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485Mbe4001
06-10 12:32 PM
From Ron Gotchers site:-
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
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soumeeram
03-09 12:13 PM
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acecupid
09-13 01:16 PM
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Wow!! Congratulations.... That was very fast indeed. Good luck with the rest of the process.
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Wow!! Congratulations.... That was very fast indeed. Good luck with the rest of the process.
indyanguy
08-13 04:51 PM
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
Well, you don't need to wait for I-140 to come out of the blackhole if you are dumping the old case and starting a new EB2 case. According to my lawyer, new EB2 140s are getting processed at a much higher rate than those EB3 140s that were filed July 07.
Well, you don't need to wait for I-140 to come out of the blackhole if you are dumping the old case and starting a new EB2 case. According to my lawyer, new EB2 140s are getting processed at a much higher rate than those EB3 140s that were filed July 07.
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