saileshdude
07-09 11:18 AM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
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vivekm1309
03-17 05:34 PM
Bernanke's predecessor Alan Greenspan has written a book (check it on Amazon) where he makes a case for increased high-skilled immigration. He makes a forceful case that its good for the greater economy (and not just limited to housing sector). And yet, we don't see any action on the Capitol (do we?!).
If Bernanke gives a media statement about the benefits of increased high-skilled immigration to media, it will create a few articles, a few heated discussions. It will peter out after that ( like Bill Gates testimonies to US Congress). Ultimately its the guys sitting in the Capitol and WH who control what becomes the law. And they aren't going to decide on immigration based on what Bernanke states in a brainstorming session.
Here's the complex process - Someone has to write a bill, work on getting sponsors and co-sponsors, network with other Congressmen to support the bill. Get it through the bureacracy of the Sub-committee on Immigration in the Senate, get a filibuster proof majority of 60 senators to get it passed. Same has to be done in the House. Get it out of House immigration sub-committee. Get a majority vote in the House. In doing all this they shouldn't create a reason for Pres. Bush to veto it. In case he does veto it (for any reason) it will go back to Congress and 2/3rd majority to override the veto.
If it was so easy to get a bill passed [by getting Mr. Bernanke to support it] lobbying business would've been long dead. Companies wouldn't be spending millions of dollars every year to safeguard their interests.
Point is - getting Bernanke/media support may create a traction for our issue and get it some coverage. I'm not saying the effort is completely useless. It has it's place. But it will not fix the issue by itself. We still need to meet the lawmakers and convince them, we still need to send those letters, make those phone calls, send those faxes and so on. Getting Bernanke/media support will never be an alternative to IV efforts. They will, at best, complement it.
Patton Boggs is a lobbyist hired by IV, Can he help in this situation ? It may be the case he already may be working to get something thru ..
If Bernanke gives a media statement about the benefits of increased high-skilled immigration to media, it will create a few articles, a few heated discussions. It will peter out after that ( like Bill Gates testimonies to US Congress). Ultimately its the guys sitting in the Capitol and WH who control what becomes the law. And they aren't going to decide on immigration based on what Bernanke states in a brainstorming session.
Here's the complex process - Someone has to write a bill, work on getting sponsors and co-sponsors, network with other Congressmen to support the bill. Get it through the bureacracy of the Sub-committee on Immigration in the Senate, get a filibuster proof majority of 60 senators to get it passed. Same has to be done in the House. Get it out of House immigration sub-committee. Get a majority vote in the House. In doing all this they shouldn't create a reason for Pres. Bush to veto it. In case he does veto it (for any reason) it will go back to Congress and 2/3rd majority to override the veto.
If it was so easy to get a bill passed [by getting Mr. Bernanke to support it] lobbying business would've been long dead. Companies wouldn't be spending millions of dollars every year to safeguard their interests.
Point is - getting Bernanke/media support may create a traction for our issue and get it some coverage. I'm not saying the effort is completely useless. It has it's place. But it will not fix the issue by itself. We still need to meet the lawmakers and convince them, we still need to send those letters, make those phone calls, send those faxes and so on. Getting Bernanke/media support will never be an alternative to IV efforts. They will, at best, complement it.
Patton Boggs is a lobbyist hired by IV, Can he help in this situation ? It may be the case he already may be working to get something thru ..
go_guy123
07-02 11:27 AM
If DOJ agress what is being done based on country of origin is unjust, in what way can they help?
Can they ask congress to act? can they order USCIS to recapture lost visas?
DOJ does not ask congress to act. They directly give orders to executive branch that is USCIS in this case, based on their judgment..
Can they ask congress to act? can they order USCIS to recapture lost visas?
DOJ does not ask congress to act. They directly give orders to executive branch that is USCIS in this case, based on their judgment..
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laborpains
08-05 02:24 PM
Ur ID is funny. Maybe the news that ur app is preadjudicated eases ur "laborpains"
No, It really isn't funny, my NY labor took 4 yrs!!
No, It really isn't funny, my NY labor took 4 yrs!!
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webm
05-22 09:12 AM
Processing times are based on Received date or Notice Date?
Its a mixed talk..i believe its based on RD
Its a mixed talk..i believe its based on RD

theoneit
03-12 03:07 PM
".. Kismet pe rone ka nai,
Calendar badalte rehne ka... "
Calendar badalte rehne ka... "
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Eternal_Hope
12-11 11:02 PM
I agreee with the spirit of things - that multiple ways of expressing anguish, disgust, frustration is required.
While we have to keep generating funds and doing the lobbying, the frustration of the members must be "used".
Here is my suggestion (and this was mentioned by someone earlier also) - let's send the criss-crossed and blackened photocopies of our degrees, patents, publications etc. to the congress and other authorities as a symbol of how useless these are becoming as we wait for GCs. We can coordinate the event such that everyone's reaches at around the same time.
Again, all I am saying is that we can do multiple things to gain attention and make our point, and these can happen simultaneously with the other activities ongoing at the State chapter level.
While we have to keep generating funds and doing the lobbying, the frustration of the members must be "used".
Here is my suggestion (and this was mentioned by someone earlier also) - let's send the criss-crossed and blackened photocopies of our degrees, patents, publications etc. to the congress and other authorities as a symbol of how useless these are becoming as we wait for GCs. We can coordinate the event such that everyone's reaches at around the same time.
Again, all I am saying is that we can do multiple things to gain attention and make our point, and these can happen simultaneously with the other activities ongoing at the State chapter level.
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walking_dude
08-15 10:49 AM
There is nothing in the USCIS memos to suggest that USCIS has implemented any such policy. CR you talked to may be ignorant and giving wrong info. Or it may be deliberate to reduce the number of (repeat) calls.
I would suggest recording the conversation with CRs so that we have proof of this conversation. Don't forget to ask his/her name and id number while doing this.
Hi,
The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.
"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"
I have no clue???? What to do, friends please share your thoughts on this.
I would suggest recording the conversation with CRs so that we have proof of this conversation. Don't forget to ask his/her name and id number while doing this.
Hi,
The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.
"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"
I have no clue???? What to do, friends please share your thoughts on this.
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redcard
08-10 10:32 PM
Dont know if is authentic
Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)
Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)
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485Mbe4001
05-13 02:39 PM
After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
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styrum
02-07 01:30 PM
http://online.onetcenter.org/help/online/zones
Looks like what matters is SVP. Zone IV job can be MS +2yrs of experience or BS + 5 yrs. In the first case it apparently qualifies for EB2.
Looks like what matters is SVP. Zone IV job can be MS +2yrs of experience or BS + 5 yrs. In the first case it apparently qualifies for EB2.
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WeShallOvercome
07-08 12:43 PM
I have EAD approved and 485 pending over 180 days. But 140 is still in process. My company decided to lay me off. What options do I have ?
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
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prolegalimmi
03-27 07:09 PM
And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!
There has been established a way to deal with backlogs at Dallas and Philly, and these officials at PBEC and DBEC have been given a deadline of Sept 2007 to clear everything. So someting is and will be done in this regard. Not much more can be done here with PBEC or DBEC, and the real test is to get solutions for the retrogression.
Once the laws are passed on the immigration reforms, its a done deal my friend, and then it does not matter how much we try after this to address retrogression. This is our only chance.
BUT realize that there have been delays in PBEC and DBEC only because of lack of resources, which can be added or taken off...and this will speed up or slow down DBEC or PBEC. This can be controlled outside legislation.
BUT THAT IS NOT THE CASE WITH RETROGRESSION. NO VISA NUMBERS = NO PROGRESS TOWARDS FINAL GREEN CARD. DONE DEAL.
SO PLEASE FIGHT FOR RETROGRESSION AND DO NOT LOSE FOCUS BY FOCUSSING ON PBEC AND DBEC. PBEC AND DBEC IS JUST A RESOURCE ISSUE AND NOT A NUMBERS AVAILABILITY ISSUE. LETS NOT LOSE THE WAR TRYING TO WIN A SMALL BATTLE.
There has been established a way to deal with backlogs at Dallas and Philly, and these officials at PBEC and DBEC have been given a deadline of Sept 2007 to clear everything. So someting is and will be done in this regard. Not much more can be done here with PBEC or DBEC, and the real test is to get solutions for the retrogression.
Once the laws are passed on the immigration reforms, its a done deal my friend, and then it does not matter how much we try after this to address retrogression. This is our only chance.
BUT realize that there have been delays in PBEC and DBEC only because of lack of resources, which can be added or taken off...and this will speed up or slow down DBEC or PBEC. This can be controlled outside legislation.
BUT THAT IS NOT THE CASE WITH RETROGRESSION. NO VISA NUMBERS = NO PROGRESS TOWARDS FINAL GREEN CARD. DONE DEAL.
SO PLEASE FIGHT FOR RETROGRESSION AND DO NOT LOSE FOCUS BY FOCUSSING ON PBEC AND DBEC. PBEC AND DBEC IS JUST A RESOURCE ISSUE AND NOT A NUMBERS AVAILABILITY ISSUE. LETS NOT LOSE THE WAR TRYING TO WIN A SMALL BATTLE.
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tejonidhi
01-04 01:44 PM
Hello Everybody,
I know many of us are frustrated because of EAD delay. I am one of them and today I called up USCIS.
Here is the sequence.
1) 1 800 375 5283
2) 1,2,2,6,1 receipt notice# 1,3,4
3) you will have to wait for 10 to 15 minutes and one of the officer will come online for you.
4) at least they will give you information about your case ( mine is sent to some storage and they had to issue an expedite request to get it processed again. I am july 2 filer with notice dat of sept 8,2007 3 infopass apointments, 1 SR). the officer has access to look at the file and can give you appropriate information( they are not like regular service agents who will read what you see on USCIS.gov).
5) as of now they told me that I will information from USCIS in 2 weeks.
All the best
I know many of us are frustrated because of EAD delay. I am one of them and today I called up USCIS.
Here is the sequence.
1) 1 800 375 5283
2) 1,2,2,6,1 receipt notice# 1,3,4
3) you will have to wait for 10 to 15 minutes and one of the officer will come online for you.
4) at least they will give you information about your case ( mine is sent to some storage and they had to issue an expedite request to get it processed again. I am july 2 filer with notice dat of sept 8,2007 3 infopass apointments, 1 SR). the officer has access to look at the file and can give you appropriate information( they are not like regular service agents who will read what you see on USCIS.gov).
5) as of now they told me that I will information from USCIS in 2 weeks.
All the best
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xyzgc
01-15 03:46 PM
The earlier who mentioned about hard hitting a car on Tree/building to shake the robber and run away is absolutely misleading peoples. There is no reward for bravery or mental sharpness in US for folks who wins a fight with robber or outsmarts them.
How much the Robber can steal from you - Couple of hundred cash, 5 credit cards ( which you can immediately cancel if you are not injured) and some important contacts. Be Nice with him and give him what he wants, tell them that you understand their situation and be sympathetic and polite with them.
I once did that and the robber just took 20 bucks from my wallet, 3 Marlboro Lights cigarettes and returned me the rest of money,credit cards,my SSN card and important contact papers and my rest cigarette pack and told me "you look like a nice guy".
Don't panic seeing robber or don't make the robber panic by shouting or banging your car on the building :) Robbers are just human beings like us with pathetic economic conditions ....
He shouldn't have returned your ciggies :D
How much the Robber can steal from you - Couple of hundred cash, 5 credit cards ( which you can immediately cancel if you are not injured) and some important contacts. Be Nice with him and give him what he wants, tell them that you understand their situation and be sympathetic and polite with them.
I once did that and the robber just took 20 bucks from my wallet, 3 Marlboro Lights cigarettes and returned me the rest of money,credit cards,my SSN card and important contact papers and my rest cigarette pack and told me "you look like a nice guy".
Don't panic seeing robber or don't make the robber panic by shouting or banging your car on the building :) Robbers are just human beings like us with pathetic economic conditions ....
He shouldn't have returned your ciggies :D
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arihant
02-24 01:11 PM
contributed again.
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Keep up the good work.
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10-04 04:53 PM
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sravani
05-14 10:28 AM
I would only say "Hang On", or move on if you can. A lot of people in same situations, never want to discuss issues openly.
Patience does help, and maybe all the good is stored for future.
yeah... sometimes trying to be diplomatic and patient is the only way out in this depressing immigration situation.
I also realized, we should never talk about these visa issues with co-workers. It will make them bully you even more.
Patience does help, and maybe all the good is stored for future.
yeah... sometimes trying to be diplomatic and patient is the only way out in this depressing immigration situation.
I also realized, we should never talk about these visa issues with co-workers. It will make them bully you even more.
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ars01
07-09 01:36 PM
From the same memorandum:
"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."
One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."
One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
bigboy007
05-28 06:58 PM
Your point is very much valid, But ok lets for a min assume H1b is eliminated completely. Do you think these big IT firms or even small consulting firms stop doing their business ? No. if not H1B there will be other way bringing ppl for short term. they will be some other way to do it. H1B is not designed keeping us in mind its designed keeping US Citizen employers in mind. and also it is adding to USCIS revenues. if you see even in current fiscal year i have seen all of my friends who did premium got thier H1b approvals.
The reason i said H1B outsourcing will start is most H1's are held by Big IT firms of India. If they do some thing that will hurt it they will do something else or reduce onsite avail or make it short term there will be some other workaround but no way these jobs will go back to americans.
Key point we have to argue and keep on doing it is the fact that , drawing a comparison between us and illegals. Even illegals have marched on streets and expressed their concern of not leaving USA if so why we paying millions of taxes adding source to housing market and GC in a valid stage , should ever even think of losing it ?
Exploitation is there everywhere. Illegals are being legalized for US employers but this will have disastrous consequences. Now with illegals only working behind the hood and will come out and did these americans ever thought of what will happen to all the ppl who work in restaurants etc and their wages. Yes all desi companies does the same thing becoz thats the only they can be in business. If you see many reasons why corp america is against merit based sys is there is no way its associating it with TIE-UP of h1b with them.
I dont know about others but saying 50% of h1b can be done by americans is lot easier to say rather make them work like that. I 100% validate your point as every system has its pros and cons. I would say rather 30% only.
But key point is we are already here . We are in the process of GC and its the key point that is to shed away ppl who are trying to shut doors. Corp america will some how take care of H1B i think [ even though its part of our resp] but key point is GC .. Eliminate or atleast reduce backlog to atleast where it was.
when it comes to laying off , many companies have laid off in 2000-01 , some are unlucky and most americans becoz of reducing fat in the company there used to be lot of benefits everything got screwed up . But rather they again started hiring but not left and right as they did earlier but very calculated decision. I am talking about Big comp not consulting. Consulting is mere consulting they wont bare the costs of H1b if they are bench more than 3 months even big 5 consulting .
The reason i said H1B outsourcing will start is most H1's are held by Big IT firms of India. If they do some thing that will hurt it they will do something else or reduce onsite avail or make it short term there will be some other workaround but no way these jobs will go back to americans.
Key point we have to argue and keep on doing it is the fact that , drawing a comparison between us and illegals. Even illegals have marched on streets and expressed their concern of not leaving USA if so why we paying millions of taxes adding source to housing market and GC in a valid stage , should ever even think of losing it ?
Exploitation is there everywhere. Illegals are being legalized for US employers but this will have disastrous consequences. Now with illegals only working behind the hood and will come out and did these americans ever thought of what will happen to all the ppl who work in restaurants etc and their wages. Yes all desi companies does the same thing becoz thats the only they can be in business. If you see many reasons why corp america is against merit based sys is there is no way its associating it with TIE-UP of h1b with them.
I dont know about others but saying 50% of h1b can be done by americans is lot easier to say rather make them work like that. I 100% validate your point as every system has its pros and cons. I would say rather 30% only.
But key point is we are already here . We are in the process of GC and its the key point that is to shed away ppl who are trying to shut doors. Corp america will some how take care of H1B i think [ even though its part of our resp] but key point is GC .. Eliminate or atleast reduce backlog to atleast where it was.
when it comes to laying off , many companies have laid off in 2000-01 , some are unlucky and most americans becoz of reducing fat in the company there used to be lot of benefits everything got screwed up . But rather they again started hiring but not left and right as they did earlier but very calculated decision. I am talking about Big comp not consulting. Consulting is mere consulting they wont bare the costs of H1b if they are bench more than 3 months even big 5 consulting .
ramus
10-14 06:30 AM
Anybody received rfe? We received rfe on photos and was replied on 09/27.. No reply yet.
Anybody knows how long it take to receive approval after rfe reply..
Anybody knows how long it take to receive approval after rfe reply..
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