sri1309
09-10 06:01 PM
Its time to ask for our share.
Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
Core guys.. we need your help
Sri
$100 one time.
Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
Core guys.. we need your help
Sri
$100 one time.
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logiclife
01-31 02:07 PM
What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?
That depends. I dont know how the H1s that are issued outside of quota for educational and non-profit organizations work. If they have the validity date sooner than 1st Oct 2007, then yes, you can start working based on that date.
Whatever the case, the H1 Approval letter (I - 797 ) will have start-date and end-date on it and that when you can work legally.
That depends. I dont know how the H1s that are issued outside of quota for educational and non-profit organizations work. If they have the validity date sooner than 1st Oct 2007, then yes, you can start working based on that date.
Whatever the case, the H1 Approval letter (I - 797 ) will have start-date and end-date on it and that when you can work legally.
uma001
03-21 01:26 PM
I replied to your message. Pls check it.
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amsgc
03-16 05:40 PM
Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
more...
Znan
07-12 11:51 AM
Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .
eb3_nepa
07-28 05:22 PM
My Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
more...
eb3retro
08-16 03:39 PM
Because you guys are not as clever as EB2s.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
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Macaca
01-28 11:53 AM
I have come to this country in 1999 on F1 and have been working and paying takes since 2001.
Being on F(**k me) 1 is a triple whamy. Others are complaining about 6 years of H1B @ 50K+/year. Compare it with
1. 6+ years on F1 @ 10K/year.
2. 6- years on H1B @ 50K/year.
3. Jackshit (= rats ass) in SKILL bill for US degreeS.
Being on F(**k me) 1 is a triple whamy. Others are complaining about 6 years of H1B @ 50K+/year. Compare it with
1. 6+ years on F1 @ 10K/year.
2. 6- years on H1B @ 50K/year.
3. Jackshit (= rats ass) in SKILL bill for US degreeS.
more...
GCKaIntezar
02-02 09:34 AM
Sorry, but I couldn't join last night's conf. call. I was out on a business work.
Did you guys meet?
Did you guys meet?
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Pineapple
06-13 04:15 PM
I apologize for being rude earlier to Senthil. That was perhaps out of line.
What annoys me is the misconception many have regarding hiring a non-American, and what annoys me further is the fact that many H1Bs fall for the same facile arguments made by you-know-who.
Fact is, if we define displacement as "not hiring", then ANY hiring is, by definition, a displacement of one who is not hired.
For example: Say Jane is hired for X dollars per year, because John, who is equally qualified is not interested in working at that salary. Can John claim he was displaced by someone willing to work at a lower salary? Of course he can. But here is the deal: No matter how high you peg $ X (Say 120K), or how unique Jane is (Say Jane is the only person the company could find). Now keep increasing X, and at some point a John will walk in through the door since the money is good.
Bottom line? You may think you are not displacing anyone, but you ARE unless you are the only person on the planet who can do that job. For every Jane, one can find a disgruntled John. It makes not one jot of difference if you are American or Ethiopian. The Jane/John example I gave stands regardless.
What annoys me is the misconception many have regarding hiring a non-American, and what annoys me further is the fact that many H1Bs fall for the same facile arguments made by you-know-who.
Fact is, if we define displacement as "not hiring", then ANY hiring is, by definition, a displacement of one who is not hired.
For example: Say Jane is hired for X dollars per year, because John, who is equally qualified is not interested in working at that salary. Can John claim he was displaced by someone willing to work at a lower salary? Of course he can. But here is the deal: No matter how high you peg $ X (Say 120K), or how unique Jane is (Say Jane is the only person the company could find). Now keep increasing X, and at some point a John will walk in through the door since the money is good.
Bottom line? You may think you are not displacing anyone, but you ARE unless you are the only person on the planet who can do that job. For every Jane, one can find a disgruntled John. It makes not one jot of difference if you are American or Ethiopian. The Jane/John example I gave stands regardless.
more...
vdlrao
09-26 02:43 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
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bharad
08-11 01:56 PM
A very good point raised by the OP.
Please count me in.
Please count me in.
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anilnag
10-31 03:37 PM
It is EB3 India vote, is it right? I can't place my vote if I am from another country...
India EB3 is most retrogessed so pls don't vote if not from EB3 India. You can start a new thread if you are interested in tracking the applicants status for your country.
India EB3 is most retrogessed so pls don't vote if not from EB3 India. You can start a new thread if you are interested in tracking the applicants status for your country.
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GCStatus
09-18 12:01 AM
You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults
Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
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wizkid732
07-29 11:28 AM
Why dont you start a campaign against these top notch companies that they are cheating H1Bs by not filing for Greencards? May be some senator who is bidding for a reelection in Nov will help you.
On a serious note think about what you are asking from the company. If your services to the company are so valuable and if the company cannot survive without you, they will go to any extent to keep you. Your java/.net/unix/sap skills were very valuable just a few years ago, right now the same candidates are available in Tons. For the couple of positions we have, i am seeing 20-30 resumes everyday. What makes you so qualified that the company needs to do a gc (remember it is an incentive, just like signon bonus and profit sharing and relocation)? I do not know if anyone really is putting this on the offer letter and be liable if they backtrack on this/
The names people are referring to are top companies. They are not obligated. So if they start the process and and they find people of your caliber they are obliged to hire them. Are you ready to forego your process at that stage? Also if they take a year for just filing are you ok with that? Basically what i am saying is that it is the employee/employer relationship.
People bitch about desi companies (I dont work for one) as to how they gouge employees. But the benefit is that they go above and beyond to keep you on payroll. Do that with an American company - as soon as your contract ends you are done and out of job and out of status (technically). I personally know some folks who are out of job since Nov 2009 and still somehow managing to be legal (or atleast they claim)
So bottom line is you cant have the cake and eat it too that is if you want to work for a top notch company with your meager skills and have the benefits of desi company.
You should have come a few years earlier when people took advantage of
Reduction in Recruitment
Labor substitution
Applying from states where the process took 3 months as opposed to 4 years
starting companies in ME, NH, VT etc
Oh by the way porting from EB3 to EB2 now
People always find loopholes in the processes for quicker processing.
Guys,
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
On a serious note think about what you are asking from the company. If your services to the company are so valuable and if the company cannot survive without you, they will go to any extent to keep you. Your java/.net/unix/sap skills were very valuable just a few years ago, right now the same candidates are available in Tons. For the couple of positions we have, i am seeing 20-30 resumes everyday. What makes you so qualified that the company needs to do a gc (remember it is an incentive, just like signon bonus and profit sharing and relocation)? I do not know if anyone really is putting this on the offer letter and be liable if they backtrack on this/
The names people are referring to are top companies. They are not obligated. So if they start the process and and they find people of your caliber they are obliged to hire them. Are you ready to forego your process at that stage? Also if they take a year for just filing are you ok with that? Basically what i am saying is that it is the employee/employer relationship.
People bitch about desi companies (I dont work for one) as to how they gouge employees. But the benefit is that they go above and beyond to keep you on payroll. Do that with an American company - as soon as your contract ends you are done and out of job and out of status (technically). I personally know some folks who are out of job since Nov 2009 and still somehow managing to be legal (or atleast they claim)
So bottom line is you cant have the cake and eat it too that is if you want to work for a top notch company with your meager skills and have the benefits of desi company.
You should have come a few years earlier when people took advantage of
Reduction in Recruitment
Labor substitution
Applying from states where the process took 3 months as opposed to 4 years
starting companies in ME, NH, VT etc
Oh by the way porting from EB3 to EB2 now
People always find loopholes in the processes for quicker processing.
Guys,
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
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pd_recapturing
03-07 08:09 PM
Okay. Even if we send the AC21 letter to USCIS, whats the guarantee that they will take action or even read it. AC21 letter is not going to be a paid service and USCIS will treat this letter as any other letter like interfile letters. I am not sure whether USCIS has any specific PO Box for AC21 services. In my knowledge, there is none. I had sent my interfiling letter in early Oct 07 and there is no information from USCIS on this. Today, I went to meet an IO thru Infopass, the first layer of service lady was so rude that she did not even allow me to meet the actual IO. She said that this kind of information does not come on computer so IO would not be helpful. She was not at all listening to me. My point is can one make sure that his/her AC21 letter has been accepted and acted upon. If not, is there any need to send the AC21 letter?
more...
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zuhail
03-10 03:49 PM
Of all 4 the proposals made by vbkris77,
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
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vdlrao
07-18 11:35 PM
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.
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velan
06-30 09:18 PM
Thanks for the update.
ash123
02-12 03:41 PM
FYI .. This post is what I received in e-mail few days back.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
amitjoey
11-11 01:49 PM
YES! We can, we should go to court. But time and again, IV Core (I am not one) has evaluated individual issues and told us that we dont have a strong enough case to justify the money involved. If and only IF we have a strong case, we can get media attention, we should spend the money. Otherwise the money is well spent lobbying. We are talking 50k and more.
Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.
We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.
I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.
Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.
We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.
I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.