(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
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Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
Let's not discuss on who is best and who is worst. Focus on the future action items for IV. Discuss more about those items, so that we all can get out of this mess and live happily.
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btw, a fellow member from GA has made a power point slide with the condensed facts and statistics, it's posted on the iv-mn-mw web site
we discussed this on the teleconference and the idea came up that we needed something like this for people without perspective
we are hoping to refine this already excellent ppt into a valuable tool for everyone's use
please do take a look...
Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
Click "Operation of the Numerical Control Process "
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Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Hey sri: Are you hoping for horrible weather because you are not attending the rally??? Your public profile says you are not attending the rally????
Come rain or shine... You should be with all of us in DC!!!
Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.
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Refer to my posts.
IV core needs to explain!
What is tangible. If I take $20 from you to buy a movie ticket and fetch it from you and simply buy it for you is that tangible. The same is true with lawyers taking $700 and getting an EAD. You could do it yourself but assume its safer to do it via someone in whose self interest it is if your case has problems.
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(Not that they will change their the minds, but if they do not see our logic, they will never waver in their intent)
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I have decided to break this GC CHAKRAVYUHU.
dresses Question by atdi_04: how do you feel about the legalization of weed?
Current Status: Card production ordered.
On April 25, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you." :) :)
I had a soft LUD on 4/22 and now this :) :).
Btw: I did not get any email for my wife's case(derivative application) which is pending at the Newark, NJ office(interview done in Feb 08') !
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1. Changing of law is not possible in near future.
2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.
Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.
If you are really frustrated come out and make the change. Bashing to the IV is not solution.
Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.
My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.
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The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year ’08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year’s visa numbers.
If this happens even EB3 India will be potential losers also.
Do you see any LUD change on your I-140 after you changed employers?
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
Ok, I will get a couple.