coolstonesa
03-27 07:53 PM
Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
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.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
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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paskal
12-17 11:32 AM
"And please remember it's bottom up that works here not top-down."
so i guess then we can count on you to give up on this one little thing and help us constructively...? join the state chapter? help with lawmaker meetings and do the grassroots stuff?
i'm not in the least asking you to leave..i would really love to see you put you energies towards required actions...and we would all be richer and better for it! :)
so i guess then we can count on you to give up on this one little thing and help us constructively...? join the state chapter? help with lawmaker meetings and do the grassroots stuff?
i'm not in the least asking you to leave..i would really love to see you put you energies towards required actions...and we would all be richer and better for it! :)
ca_immigrant
01-13 01:53 PM
Thanks God there is atleast some movement....there might be a few folks out there that are happy !! (I am not anywhere close yet !)
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diptam
02-02 02:02 PM
1) I downloaded the form G-639 from USCIS website just now , after briefly going thru it seems like just I-140 approval copy should not go above $25 , may be less. However much complicated requests will add higher costs.
2) No, employer will not get to know. I dont think they sends anything like that to employer. After all you are the beneficiary of the I-140 petition. Its not that you are getting "Tax Returns for Company" by using 3rd party tools.
Rather moving forward USCIS should make it a rule that I-140 should be shared with the beneficiary as well. I-140 is meant ONLY and ONLY for you.
Hi Diptam and others, few questions about FOIA,
1) My employer does not want to share the original I-140 either, so i too want to apply via FOIA, do you know what is the cost of applying ?
2) If we apply, will the employer get to know ? does uscis send some notification to the employer that the employee requested a copy of I-140 approval notice?
Thanks, has anyone successfully got it back ?
2) No, employer will not get to know. I dont think they sends anything like that to employer. After all you are the beneficiary of the I-140 petition. Its not that you are getting "Tax Returns for Company" by using 3rd party tools.
Rather moving forward USCIS should make it a rule that I-140 should be shared with the beneficiary as well. I-140 is meant ONLY and ONLY for you.
Hi Diptam and others, few questions about FOIA,
1) My employer does not want to share the original I-140 either, so i too want to apply via FOIA, do you know what is the cost of applying ?
2) If we apply, will the employer get to know ? does uscis send some notification to the employer that the employee requested a copy of I-140 approval notice?
Thanks, has anyone successfully got it back ?
more...
paragpujara
10-23 09:37 PM
It was very quick approval. anyways Congrats to you and your family. you are free bird now. :)
Macaca
06-15 02:41 PM
As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
more...
baburob2
07-27 05:14 AM
hi chisinau,or anyone..
Hi chisinau..
It's destiny that I came across your posting.. like you, I am an RN waiting for the DS230 approval also since Oct.2006.. believe it or not ,I was also informed by the NVC to resubmit a new DS230 because the previous one I submitted last year was already outdated. Now, I sent them the updated DS230 last June 27,2007.
I really want to ask if in your opinion, or if you have some positive information regarding this�do we still have a chance of receiving an embassy interview and medical exam schedule before October 2007?
I would really appreciate a response.. thank you
Hi Peyton
The quota is over and hence the chances of interview schedule before Oct 2007 is not possible. However depending on the origin of country, EB category , priority category you should stand a good chance of interview being scheduled for FY2008. My gut feeling is EB3 ROW would open up with Some 2005 year and EB3 Ind would open up wiht some 2003 and EB2 Ind would open up with some 2004 .
Hi chisinau..
It's destiny that I came across your posting.. like you, I am an RN waiting for the DS230 approval also since Oct.2006.. believe it or not ,I was also informed by the NVC to resubmit a new DS230 because the previous one I submitted last year was already outdated. Now, I sent them the updated DS230 last June 27,2007.
I really want to ask if in your opinion, or if you have some positive information regarding this�do we still have a chance of receiving an embassy interview and medical exam schedule before October 2007?
I would really appreciate a response.. thank you
Hi Peyton
The quota is over and hence the chances of interview schedule before Oct 2007 is not possible. However depending on the origin of country, EB category , priority category you should stand a good chance of interview being scheduled for FY2008. My gut feeling is EB3 ROW would open up with Some 2005 year and EB3 Ind would open up wiht some 2003 and EB2 Ind would open up with some 2004 .
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waitingnwaiting
05-31 09:02 AM
Anything for EB relief ? I dont see a content in the bill language.
Nurses are part of EB. This nill has many benefits. More nurses will be out of greencard queue leaving others more chance. US has acute nurses shortage. It is well documented. There is not much shortage of IT professionals . Unemployment is so high. But nurses are in demand and it is important for the healthcare of the nation. Supporting the bill is a win win for everyone in EB wait.
Nurses are part of EB. This nill has many benefits. More nurses will be out of greencard queue leaving others more chance. US has acute nurses shortage. It is well documented. There is not much shortage of IT professionals . Unemployment is so high. But nurses are in demand and it is important for the healthcare of the nation. Supporting the bill is a win win for everyone in EB wait.
more...
nnan
05-25 09:41 AM
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
You mention "AC21 repealed"
Is this applicable to people who have already invoked AC21 (PD Sep 2002, I485 Rcpt Date May 2003) and have no backup H1B?
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
You mention "AC21 repealed"
Is this applicable to people who have already invoked AC21 (PD Sep 2002, I485 Rcpt Date May 2003) and have no backup H1B?
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gcdreamer05
01-26 05:31 PM
folks does anyone know if ron predicted the july 2007 fiasco when it all became current ?
more...
mrsahaayam
03-17 08:04 PM
Call yourself a shoplifter, but you are really a petty criminal. You have yourself proved so by pleading guilty.
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
For all who replied well to my thread.. Thanks a million. to whom, trying to blame me etc.. If you want to reply with good answer you are welcome to do so...else DON'T EVEN REPLY.
Now another question to you guys who are blaming me......
Did not you guys ever used office stuff/taking printouts of ur personal use/ using ofice phone for personal use etc in your life? If you have done so.. YOU ARE ALSO THIEVES. YOU did not get caught, thats the basic difference...
Thanks guys
Have fun!!!
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
For all who replied well to my thread.. Thanks a million. to whom, trying to blame me etc.. If you want to reply with good answer you are welcome to do so...else DON'T EVEN REPLY.
Now another question to you guys who are blaming me......
Did not you guys ever used office stuff/taking printouts of ur personal use/ using ofice phone for personal use etc in your life? If you have done so.. YOU ARE ALSO THIEVES. YOU did not get caught, thats the basic difference...
Thanks guys
Have fun!!!
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realizeit
02-11 12:05 PM
This is an amazing forum, and I would like to thank you all for the useful information.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
You may have an alternate option without taking the MS...
See the following link: RAMPS International INC. - Immigration Information (http://www.rampscorp.com/immigration.htm)
In the case of H1 it says: "....An accredited United States evaluation company can provide an evaluation whereby three years of progressive work experience are considered equivalent to one year of college education in the event the foreign national has only a three year bachelors degree....".
So, I think it is really worthy to explore whether it is possible to convert 3 years of experience into 1 year equivalent of education.
I do not think, you really need to take an MS to be considered for EB2. Contact Murthy law firm, I think they will definitely be able to handle difficult cases like this.
Or else, you just take a 20 minute appointment with one of their experienced lawyers and they will be able to give you a firm answer. It costs somewhere between $150 and $250 for a 20 mt appointment.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
You may have an alternate option without taking the MS...
See the following link: RAMPS International INC. - Immigration Information (http://www.rampscorp.com/immigration.htm)
In the case of H1 it says: "....An accredited United States evaluation company can provide an evaluation whereby three years of progressive work experience are considered equivalent to one year of college education in the event the foreign national has only a three year bachelors degree....".
So, I think it is really worthy to explore whether it is possible to convert 3 years of experience into 1 year equivalent of education.
I do not think, you really need to take an MS to be considered for EB2. Contact Murthy law firm, I think they will definitely be able to handle difficult cases like this.
Or else, you just take a 20 minute appointment with one of their experienced lawyers and they will be able to give you a firm answer. It costs somewhere between $150 and $250 for a 20 mt appointment.
more...
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immig4me
05-11 11:50 AM
I filled out the registration form. I would like to donate in addition to participating on the event days. How would I go about doing this? I want the donation to go this specific event. Appreciate a response. Thanks.
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07-21 12:06 AM
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sands_14
07-17 09:32 AM
Can somebody clarify?
To lead India to a good present & future,why do we send these faxes?
GC or no GC, I feel the video tells me to do the best for my nation India.
To do that,do I need immigration to US????
I am not against any camapaigns,but using the videos for this campaign doesnt look like a good idea.May I know whats the point of "Lead India " videos here :-)
This should actually make me feel "No,I dont want to apply for immigration to another country anymore".
No offence, please clarify if the intentions of putting the videos here are different???
To lead India to a good present & future,why do we send these faxes?
GC or no GC, I feel the video tells me to do the best for my nation India.
To do that,do I need immigration to US????
I am not against any camapaigns,but using the videos for this campaign doesnt look like a good idea.May I know whats the point of "Lead India " videos here :-)
This should actually make me feel "No,I dont want to apply for immigration to another country anymore".
No offence, please clarify if the intentions of putting the videos here are different???
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ravi.shah
03-10 10:42 AM
Next time someone questions IV's efforts, I am going to bluntly ask them if they contributed or came for the advocacy day event. If they did neither, we do not need their 2 cents of free comments.
I would again suggest to go for paid Forum for everyone. Treat desi's like desi's.
Free means one gets all kinds of public answers hindering IV's efforts.
Dont mean to start the same conversation again, but Pappu - do give it a thought.
Thanks.
I would again suggest to go for paid Forum for everyone. Treat desi's like desi's.
Free means one gets all kinds of public answers hindering IV's efforts.
Dont mean to start the same conversation again, but Pappu - do give it a thought.
Thanks.
more...
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desi3933
06-19 10:22 AM
Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.
Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.
Do I need 140 copy that time too?
Not Needed, but nice to have.
Again thank you very much for your response.
You are welcome. Good Luck.
See above in Blue.
Please verify details with your lawyer/attorney. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.
Do I need 140 copy that time too?
Not Needed, but nice to have.
Again thank you very much for your response.
You are welcome. Good Luck.
See above in Blue.
Please verify details with your lawyer/attorney. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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desi3933
06-18 03:06 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?
There are 2 ways in which current H4 status changes to AOS Pending status:
1. By working on employment using EAD
2. The primary applicant loses H1-B status for ANY reason
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
There are 2 ways in which current H4 status changes to AOS Pending status:
1. By working on employment using EAD
2. The primary applicant loses H1-B status for ANY reason
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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a1b2c3
10-01 11:42 PM
Do you have a link to support upgrading databases til Oct 29?
I think so
Link:
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
Relevant thread:
http://immigrationvoice.org/forum/showthread.php?t=21782
SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
I think so
Link:
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
Relevant thread:
http://immigrationvoice.org/forum/showthread.php?t=21782
SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
traveler07
09-25 09:11 PM
I fell into this website, just trying to get some information from people that have experience with immigration issues.
I run a small consulting business, and I have found an ideal candidate to work for me. He is a foreign national, and is currently in this country on an H1-B visa.
What requirements do I need to comply with to qualify to sponsor this person to work with my company?
I have tried to look up information on the government website, but it is frustrating. Am I asking the wrong questions?
thanks for any information you can help me with.
I run a small consulting business, and I have found an ideal candidate to work for me. He is a foreign national, and is currently in this country on an H1-B visa.
What requirements do I need to comply with to qualify to sponsor this person to work with my company?
I have tried to look up information on the government website, but it is frustrating. Am I asking the wrong questions?
thanks for any information you can help me with.
FinalGC
02-28 04:03 PM
This article was written by IV sometime back. I think this is an excellent article, iIf you have it good, please ignore this posting....
Dude, where's my green card?
By Salil Pradhan
While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.
I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.
People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.
The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.
More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.
Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.
Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.
Pradhan is a member of Immigration Voice.
Dude, where's my green card?
By Salil Pradhan
While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.
I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.
People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.
The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.
More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.
Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.
Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.
Pradhan is a member of Immigration Voice.