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qplearn
09-13 03:26 PM
I think you missed my point...we need more members because you can't get any one's time if you just want them to do something for you. You have to be prepared to do something for them. For us, when we become citizens, we need to vote. Now do you see why political parties look for numbers?
Also, as far as our outreach in the news media is concerned, you should look at this page:
http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27
We may not have made the news on CNN or on PBS, but we have gotten the word out across a wide spectrum of the news media...
RR
Yes, I obviously cannot diasgree with that logic; it is all about votes.
But, I looked at the articles that you point to above: The one in WASH POST is about illegal immigration. There is no article in NY TIMES. We need the big newspapers and PBS to discuss our issue repeatedly. Also, many of the newspapers mentioned there cater to Indian population, e.g., Times of India. Plus shusterman.com will always report about us. He is not a part of the wide spectrum of media.
This is a problem with what we are doing. The media does not know about our plight; all they know is that many of us came here on H1B.
Also, all these articles should be on a sticky thread for all to see where we have been heard.
Also, as far as our outreach in the news media is concerned, you should look at this page:
http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27
We may not have made the news on CNN or on PBS, but we have gotten the word out across a wide spectrum of the news media...
RR
Yes, I obviously cannot diasgree with that logic; it is all about votes.
But, I looked at the articles that you point to above: The one in WASH POST is about illegal immigration. There is no article in NY TIMES. We need the big newspapers and PBS to discuss our issue repeatedly. Also, many of the newspapers mentioned there cater to Indian population, e.g., Times of India. Plus shusterman.com will always report about us. He is not a part of the wide spectrum of media.
This is a problem with what we are doing. The media does not know about our plight; all they know is that many of us came here on H1B.
Also, all these articles should be on a sticky thread for all to see where we have been heard.
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wikipedia_fan
03-31 11:42 AM
To me; it looks like it could be a shift in change of policy. In the denial notice; it is the same officer number who sent the notice of intent to deny. Therefore; it is not a training issue; looks like something else is happening.
training issue is when they send straght denial after 140 is revoked.
Can you upload the denial notice - off course you can erase the confidential information. It will be useful to us.
training issue is when they send straght denial after 140 is revoked.
Can you upload the denial notice - off course you can erase the confidential information. It will be useful to us.
bkam
06-07 02:48 PM
A lot was said above but some basic things still need clarification.
I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege...
I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege...
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spdy_mn
06-14 01:36 PM
Long as you are married before your 485 is approved you should be ok. What is your PD and category?
One hint they give you is when they send the fingerprinting (FP) notice. You can't be approved without that. And after FP it takes any where from 3 - 6 months.
My PD is OCT 2006 and category EB2
Thanks
One hint they give you is when they send the fingerprinting (FP) notice. You can't be approved without that. And after FP it takes any where from 3 - 6 months.
My PD is OCT 2006 and category EB2
Thanks
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srikondoji
06-07 12:38 PM
In same vein, driving on road is privillege not a right.
With 'privillege' you have to follow existing rules religiously then if it was a 'right'.
In anycase, what we can only do with existing law is work with law makers and not protest.
Thanks again for nice discussion.
With 'privillege' you have to follow existing rules religiously then if it was a 'right'.
In anycase, what we can only do with existing law is work with law makers and not protest.
Thanks again for nice discussion.
NYImmigrant
10-16 10:09 AM
I hope they do something about this name check mess soon. I filed 485 in July 2003 and have been current for years now... Just stuck in the whole name check mess.
I even completed the interview for my employment based 485 more than 19 months ago. I do not know what else they want ?
EB3 India PD: March 2001.
I even completed the interview for my employment based 485 more than 19 months ago. I do not know what else they want ?
EB3 India PD: March 2001.
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vxb2004
07-18 08:34 PM
485 Applied -- July 2nd
Status -unknown
Cheque clearance is a good indication.
Status -unknown
Cheque clearance is a good indication.
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brb2
02-07 08:54 PM
Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.
I hope USCIS has your thought process. Your thought process means that there is something in SKILL for US MS. I used to think that SKILL is only for non US MS.
Have you seen SKILL? Does it have anything for US Ph D and Post doc? You can have a US Ph D without US MS and you can be US post doc without US Phd? I wonder if they are SKILLed? Thanks.
With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.
I hope USCIS has your thought process. Your thought process means that there is something in SKILL for US MS. I used to think that SKILL is only for non US MS.
Have you seen SKILL? Does it have anything for US Ph D and Post doc? You can have a US Ph D without US MS and you can be US post doc without US Phd? I wonder if they are SKILLed? Thanks.
more...
sc3
08-12 02:09 PM
If you look at the PD progress for EB3 I, the only movement was during March and April 07.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.
My guess is that it will move a bit more faster than last year. Note that Apr 22 was the hump day (been dealing that that day right through labor certification phase), after that, the movement was steady. The Nov1 showing up twice is due to exhaustion of the numbers. I am expecting a steady march going forward.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.
My guess is that it will move a bit more faster than last year. Note that Apr 22 was the hump day (been dealing that that day right through labor certification phase), after that, the movement was steady. The Nov1 showing up twice is due to exhaustion of the numbers. I am expecting a steady march going forward.
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misanthrope
10-04 04:49 PM
Not a single post to counter kumar1's argument!!! I wonder where the interfiling opponent MS/PHDs are gone!:confused:
Are you wasted?
Here is my reply to Kumar1's post.
http://immigrationvoice.org/forum/showpost.php?p=295568&postcount=26
Also, I raised a few question related to deductions from simple statements. NO ONE has replied yet.
Are you wasted?
Here is my reply to Kumar1's post.
http://immigrationvoice.org/forum/showpost.php?p=295568&postcount=26
Also, I raised a few question related to deductions from simple statements. NO ONE has replied yet.
more...
days_go_by
01-29 05:18 PM
Do you have a link to this news/alert?
it's on http://www.immigration-law.com/
it's on http://www.immigration-law.com/
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dotnetguru
07-02 04:35 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
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kartikiran
08-15 05:34 PM
I was looking at the recent forum posts and there was no discussions about EB3 listed. Thought would "BUMP" this to bring the EB3 plight on the top...
Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:
Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:
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pmb76
07-16 02:35 PM
can someone pls post the link for the actual news clips
~S
here you go
http://www.youtube.com/watch?v=5iKpK...elated&search=
~S
here you go
http://www.youtube.com/watch?v=5iKpK...elated&search=
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mhathi
11-06 03:46 PM
Again, I am not here supporting more numbers or less number in H1B. Because this forum and our organization is nothing related to H1B. We are for Employment based Green Card reforms. I rest my case....Thanks for interesting (and correct) opinions.
Agree completely. IV is for EB GCs and not concerned with H1B. I simply hope that Senator Grassley takes EB into consideration or at least does not oppose somebody else in introducing EB legislation, even on condition of his reforming the H1B process (which I do beleive is needed nonetheless).
Agree completely. IV is for EB GCs and not concerned with H1B. I simply hope that Senator Grassley takes EB into consideration or at least does not oppose somebody else in introducing EB legislation, even on condition of his reforming the H1B process (which I do beleive is needed nonetheless).
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DesiGuy
09-17 12:39 PM
Hon. Conyers Jr.
Chairman
(D) Michigan, 14th
http://judiciary.house.gov/about/members.html
Chairman
(D) Michigan, 14th
http://judiciary.house.gov/about/members.html
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vikki76
10-28 07:12 PM
NSC.
Let me send u a pm to get text of that letter too.
Let me send u a pm to get text of that letter too.
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guyfromsg
07-18 09:06 PM
Interesting!!!
I didn't know this...
This is applicable when 140 has been approved. If 485 is retrogressed then you will get 3 year extension. If it's current you will get 1 year extension. Guess depends on luck. For e.g if some one has applied for extension in July he/she will now get only 1 year. I found this in a lawyer's chat transcripts.
I didn't know this...
This is applicable when 140 has been approved. If 485 is retrogressed then you will get 3 year extension. If it's current you will get 1 year extension. Guess depends on luck. For e.g if some one has applied for extension in July he/she will now get only 1 year. I found this in a lawyer's chat transcripts.
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PrinceVA
03-30 08:39 PM
Alex,
good to see you going to homeground but hate to see you go at this stage though.
We have many helpers here on this forum. I still suggest you to find another H1B holder, start h1b transfer and it will take 2-3 months to get the approval or denial, you have some time to find a job here. At least make money that you have spent for getting H1B.
If you work here for 6 months, you will at least get what you have paid.
I know you have made up your mind strongly, but just asking you to think over it again.
And if you decide to stay back and try for 2-3 months, Please let me know. I will share your email id with all recruiters and see how it goes. I will try my best, and sure there are many other helping hands here.
And as far as your employer matters, I say SCREW that B***, M***F***. Many of us, including me, do want to do but unable to do that either because we are at some stage of GC or some financial reason or frankly saying.. are little coward to go through that process and investigation. Only way I see is help one another.
I ask you to think over again and ping me if you decide to stay back and try before calling it off. Nope, you are not a looser, not the one afraid to fight, but this is frustating process and this is how it works here. Some good people come together, form IV like non-profit organization and fight for us but still number is very low and people like me come on this forum when in trouble (And then stays here for long :) and believe me IV has helped a lot.
Not only fighting for GC cause but also to boost your morale, make you confident and provide with all the good advise that they have learnt from experience.
What ever will be your next step buddy, All the BEST and there is a bright, very bright future awaiting you.
Prince.../
@bugs
Yes i do have the entire H1B application in originals with LCA and offer letter from employer
@HRPRO
Yes friend i have decided to go back , and i am not looking anymore i will rather have this energy saved for myself finding jobs in my homeground again
However does anyone have the first hand experience of reporting to DOL, please share your experience too with the kind of paperwork that should aid your application.
good to see you going to homeground but hate to see you go at this stage though.
We have many helpers here on this forum. I still suggest you to find another H1B holder, start h1b transfer and it will take 2-3 months to get the approval or denial, you have some time to find a job here. At least make money that you have spent for getting H1B.
If you work here for 6 months, you will at least get what you have paid.
I know you have made up your mind strongly, but just asking you to think over it again.
And if you decide to stay back and try for 2-3 months, Please let me know. I will share your email id with all recruiters and see how it goes. I will try my best, and sure there are many other helping hands here.
And as far as your employer matters, I say SCREW that B***, M***F***. Many of us, including me, do want to do but unable to do that either because we are at some stage of GC or some financial reason or frankly saying.. are little coward to go through that process and investigation. Only way I see is help one another.
I ask you to think over again and ping me if you decide to stay back and try before calling it off. Nope, you are not a looser, not the one afraid to fight, but this is frustating process and this is how it works here. Some good people come together, form IV like non-profit organization and fight for us but still number is very low and people like me come on this forum when in trouble (And then stays here for long :) and believe me IV has helped a lot.
Not only fighting for GC cause but also to boost your morale, make you confident and provide with all the good advise that they have learnt from experience.
What ever will be your next step buddy, All the BEST and there is a bright, very bright future awaiting you.
Prince.../
@bugs
Yes i do have the entire H1B application in originals with LCA and offer letter from employer
@HRPRO
Yes friend i have decided to go back , and i am not looking anymore i will rather have this energy saved for myself finding jobs in my homeground again
However does anyone have the first hand experience of reporting to DOL, please share your experience too with the kind of paperwork that should aid your application.
minimalist
03-31 12:53 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Kepp up the good work.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Kepp up the good work.
waitingGC
02-01 02:14 PM
In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.
Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.
Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.
In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.
Substituted labor has further added to this problem.
I cannot agree with u more. Exactly what I want to say.
Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.
Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.
In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.
Substituted labor has further added to this problem.
I cannot agree with u more. Exactly what I want to say.
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