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  • delax
    07-13 12:33 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.





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  • NKR
    08-06 04:15 PM
    That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�





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  • GCwaitforever
    07-09 07:18 AM
    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor.

    Just wanted to let you know that the employer has to pay at least the prevailing wage for a starter to qualify the petition. The employer also has to pay a median wage to the H-1B holder that is commensurate with similarly qualified employees in the company. Otherwise the employer could be prosecuted for wage violations.

    Norm Matloff's figures are faulty because he measures only the prevailing wage as a yardstick which is the bare minimum for qualification. And then he claims H-1Bs are undercutting American employees. No wonder, if you make calculations with lower figures, on the average, H-1Bs look as if they are getting paid less than American employees. To get the actual picture, Norm needs to know actual wages of H-1B employees, which is not possible because not all employers divulge employee pay. As long as the figures can be taken to one's advantage, we always will have these critics running around with distorted graphs and figures.

    One reform Zazona.com should support and fight for in EB Greencards is making the application employee-centric, not employer-centric. Current procedure is in a way bondage to the employer, especially when USCIS takes a long time with multiple stages (read delays) that too not bothering about how long the application has been pending. If USCIS processing improves and they try to reach out to their customers, then a wait of one or two years for Greencard should not be an issue. Infact, I support instant GC proposal in that case.

    Regarding the claims of stealing jobs, I see tons of job advertisements weekly. Many of these ads specifically exclude non-sponsorship candidates (read H-1Bs). US citizens have a bigger market and better opportunities than H-1Bs. I am not sure how it is not possible for them to get jobs. As Logiclife mentioned, the unemployment rate is 2% in IT field. Perhaps people are not prepared to move to areas where jobs are growing. I can not specukate any more on that.





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  • SunnySurya
    12-22 04:32 PM
    My feeble mind is unable to decipher your point, please explain a sentence a two.
    Only thing I know is group of 10 killed 300 in Mumbai
    and group of 21 killed 2000 in New York
    Where is the gray in there?
    Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
    Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
    (another example of the tyranny of the majority against minority) .
    Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!


    And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.



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  • axp817
    03-25 12:17 PM
    Oh, and I think I should elaborate just a little more.

    I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.

    Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.

    My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.

    Thanks again,





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  • gcisadawg
    12-22 06:23 PM
    So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?

    Dude, if you havent heard about it, it is already happening.
    http://www.techcrunch.com/2008/11/15/a-sad-day-in-silicon-valley/

    One the serious note, you didn't get the crux of my post. Read my previous reply to another poster.



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  • validIV
    06-25 03:36 PM
    The only way renting is not throwing money away is if you can claim it as a tax expense (business for example). Otherwise you may as well be smoking that money every month. There is no way for you to recoup rent money, no matter what logic you may claim is sound. Renting should only be used as a stepping stone, to save up enough money to buy.

    If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?





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  • gimme_GC2006
    03-23 08:23 PM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)



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  • axp817
    03-26 05:57 PM
    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.

    Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.

    UN, Thank you for following up on my question on the Baltimore case.





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  • delax
    07-14 10:43 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Paskal,
    Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.

    However here is some food for thought for the mods and the community at large:

    1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
    2. If not, then the implication in the letter is that IV is doing so based on the logo used.
    3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
    4. There is a request to allocate numbers to EB3 based on length of wait.
    5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
    6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
    7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
    8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
    9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
    10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.

    If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.

    I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers



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  • SunnySurya
    08-05 02:23 PM
    Agree let us focus on 5882. Thats our best bet.
    Solution to all this is HR 5882. Even if will not make date current for all it will clear major backlog so people will see some hope in next year

    Please call your lawmakers and educate them ... once we reach house floor we might not have time to call all lawmakers.





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  • mheggade
    07-15 10:35 AM
    <SARCASTIC> Ignorance is Bliss. </SARCASTIC>

    I just hope sanity makes a come back and people will see that the new visa over flow interpretation is advantages to EB3-I.

    OLD over flow interpretation

    EB1 ROW ------->EB2 ROW---------->EB3 ROW.

    New over flow interpretation.

    EB1 ---------------->EB2------------------------>EB3
    (Any chargeability) (Any chargeability) (Any chargeability)

    Only condition is visa should be allotted to the oldest PD in the lateral distribution irrespective of the country chargeability. That's the reason EB2 I and EB C are having same cutoff dates and all EB3 is U. DOS took away the advantage of ROW and gave it to oldest PD in the category.

    With this new interpretation EB3 I dates can make rapid progress and I fail to understand why EB3-I is upset about this.



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  • wandmaker
    08-09 02:04 AM
    Persons staying on will receive as much SHIT (Special High
    Intensity Training) as possible. Management has
    always prided itself on the amount of SHIT it gives
    employees. Should you feel that you do not receive
    enough SHIT, please bring to the attention of your
    Supervisor. They have been trained to give you all
    the SHIT you can handle.

    Good one :D For many unskilled, it is the reality.





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  • alterego
    09-27 09:04 PM
    The Nov. bulletin will very much depend on whether the USCIS has completed their inventory evaluation process or not. If not then it will be a reprint of the Oct. Bulletin, if they have then I anticipate good EB2 I movement and fair EB3 I movement. EB3 ROW should see more gradual movement.



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  • senthil1
    05-16 06:17 PM
    Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?





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  • sanju
    05-15 05:42 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger??

    YES

    M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??

    YES




    Durbin-Grassley going after 9 firms.

    http://www.team4news.com/Global/story.asp?S=6514384&nav=0w0v

    U.S. Senators question companies about visas

    Two US senators are questioning several companies about their use of a visa program for highly skilled workers. Senators Chuck Grassley of Iowa and Dick Durbin of Illinois are focusing on nine companies -- several of them foreign-based. Those companies used nearly 20,000 of the 75,000 H-One-B visas that were available last year. H-One-B visas are for high-skilled workers and are heavily used in the high-tech industry. The industry has long complained that too few visas are available. Grassley and Durbin, both on the Senate Judiciary Committee's immigration subcommittee, sent letters to the nine companies asking questions about visa use, wages and layoffs. The top users were identified with statistics from Citizenship and Immigration Services. The letters, posted on Grassley's Web site, were addressed to:

    Infosys Technologies Limited in Freemont, California
    Wipro Limited of Mountainview, California
    Tata Consultancy Services Limited of Arlington, Virginia
    Saytam Computer Services Limited of Andhra Pradesh, India
    Patni Computer Systems of Mumbai, India
    Larsen & Toubro Infotech Limited of Mumbai, India
    I-Flex Solutions of Mumbai, India
    Tech Mahindra Americas of Englewood, Colorado and
    Mphasis Corporation of Bangalore, India
    ----------------------------------------------------------------------
    Here is a letter from Sen. Durbin and Grassley to these companies
    http://grassley.senate.gov/releases/2007/05142007.pdf



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  • kshitijnt
    06-26 01:33 PM
    Dear IV Members, Kindly be respectful to others even if you do not agree with their opinion. I saw ValidIV was give a lot of negative reputation since he disagreed with views of many people. KIndly do not do so. The debate should be respectful with honorable disagreement.





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  • Macaca
    05-27 05:46 PM
    The Next Great Resource Shortage: U.S. Scientists (http://www.time.com/time/nation/article/0,8599,2074024,00.html) By ANDREW J. ROTHERHAM | Time

    The word "stem" is tossed around so much at education meetings these days, you'd think you were at a gardening seminar. STEM is shorthand for "science, technology, engineering, and mathematics" � all fields that are growing, providing lucrative jobs, and key to future American competitiveness. That's why everyone from President Obama to the United States Chamber of Commerce is worried about whether we're producing enough STEM graduates from our colleges and universities. That this is a problem is one of the few things that everyone in education seems to agree upon.

    Part of the push for better STEM education stems � sorry � from American companies claiming there are shortages of American workers able to take on certain roles. Each year, American technology and engineering firms push to expand the number of workers allowed under the "H-1B" visa program, a category that allows companies to hire foreigners in roles where they cannot find a qualified American citizen. Critics claim the H-1B program is more a ploy to allow companies to hire skilled workers cheaper.

    STEM anxiety is also an outgrowth of larger concerns about American competitiveness. The growing number of STEM workers in countries like China and India has policymakers on edge. You often hear that China and India are producing many more engineers than the United States, but when researchers from Duke University looked closely at the numbers, they found that what's counted as an engineering degree in those countries would often be considered a vocational certificate or two-year degree in this country. The Duke team found relative parity between the United States and China and India when the engineering comparison was apples to apples.

    And part of our STEM obsession is frankly just longtime habit. In the 1950s, it was Admiral Hyman Rickover calling for more math and science education as part of the effort to keep us competitive with the Soviets. Congress passed legislation to support math and science education in 1958 and advocates have been pushing for more ever since. Congress passed several STEM measures in just the last decade, including the 2007 America Competes Act, which includes measures to recruit and train teachers in STEM subjects.

    Still, debatable need, confused statistics, and force of habit doesn't mean there isn't an actual STEM problem facing the United States. American students should be doing better in math and science than they are now, and we are arguably producing too few college STEM majors. If the global competitiveness race turns into a numbers game, we're in trouble absent dramatic improvements: If it were its own country, the populations of China and India aged 14 and younger would each still be among the top five nations in the world in terms of population. That means that even marginal improvements in education in those countries will pay big dividends and put them on a stronger competitive footing. Besides, there is little doubt that our own economic future hinges in no small part on remaining a leader in innovation in science and technology.

    So we want more college graduates in STEM careers. How do we get them? Right now policymakers are fixated on upgrading the quality of the math and science teaching force through better recruitment and training. "Out-of-field" teachers � meaning those without proper training in the subject � remain an acute problem in math and science. Scholarships, loan-forgiveness, and even higher pay are all used to attract more teachers into STEM fields. More creative ideas are emerging, too. Math For America provides $100,000 fellowships for math teachers and Partners in Science gives science teachers the opportunity to undertake actual scientific work at national laboratories during the summer. All good ideas, but to some extent we're chasing our tail: Not enough STEM graduates means not enough STEM teachers, regardless of the incentives.

    The second answer is to expose students to STEM fields early on and use scholarships and inducements for them to choose STEM careers. This is where the STEM rhetoric meets our educational reality: A lot of students are not going into STEM careers today not because they're unaware of the choice, but rather because they cannot make that choice because of the quality of education they are receiving.

    Think about it. With high school graduation rates of only about 75 percent overall (and 64 percent for Hispanics and 62 percent for African-Americans) we lose a lot of potential STEM students long before college. At the same time, many students graduating from high schools are not taking the math and science courses necessary to pursue a STEM career. Experts estimate that only about one-third of graduating high school students are genuinely college-ready.

    Of course, not all currently underserved students would choose STEM careers either. People chose their work for a variety of reasons. Yet it's a reasonable assumption that some percentage of currently underserved students would choose STEM just as some percentage of more advantaged students do now. So rather than trying to squeeze a few more STEM students from populations that can already choose STEM if they want to, perhaps policymakers should focus even more on giving currently under-served populations the ability to make a STEM choice in the first place. If you're not taking the right classes � or worse, if you're not in school � STEM careers are not a viable choice for you. Fixing that seems the path to the richest untapped vein of future American talent.

    In other words, in the long term, the STEM agenda really isn't that different than the more general school improvement agenda. Linking the two more explicitly would also help make the push for STEM more relevant and engaging for parents than it is today. Because while education leaders can't shut up about STEM, it's hardly even on the radar of most parents � when they talk about stems they usually are talking about plants.


    The Right Job? It�s Much Like the Right Spouse (http://www.nytimes.com/2011/05/22/business/22corner.html) By ADAM BRYANT | New York Times
    The Downsized College Graduate (http://www.nytimes.com/roomfordebate/2011/05/24/the-downsized-college-graduate) The New York Times
    Top Colleges, Largely for the Elite (http://www.nytimes.com/2011/05/25/business/economy/25leonhardt.html) By DAVID LEONHARDT | The New York Times
    Five myths about America�s schools (http://www.washingtonpost.com/opinions/five-myths-about-americas-schools/2011/05/09/AFunW27G_story.html) By Paul Farhi | The Washington Post
    The Failure of American Schools (http://www.theatlantic.com/magazine/print/2011/06/the-failure-of-american-schools/8497/) By Joel Klein | The Atlantic





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  • rsdang
    08-22 11:56 AM
    Once Indra Gandhi was invited by queen Elizabeth for a tea party.

    Zail Singh wanted to know why he would not be taken to the ocassion by indra gandhi. Indra said that he did not have any table ettiqquette but she would train him for it. After six months of rigourous training, they went to the party.

    After tea the queen kept her cup upside down while indra kept it the right way. Giani was utterly confused and so he kept his cup laying on its side. After the party indra wanted to know why he had kept his cup that way.

    He asked the reason for her keeping the cup the right way and the queen keeping it upside down. She said"i wanted more tea and the queen didn't.

    Why did you keep the cup on its side? Giani thought for a moment and said "my message was - agar chai hai to de do nai to koi gal nahin."





    senthil1
    04-09 06:02 AM
    This bill's author says that H1b program should not be used to displace US workers. If that is main intent that is reasonable. If there is too much immigration then you will be also US worker in a few months or a few years then your job also may be replaced by future cheaper H1b youngters. Indian bodyshopers ready to bring even more than 500k H1B if unlimited H1b is allowed. So some meaningful reform is needed. My view is now there is some increase of H1b is needed but not 200k. But if they increase 120k then again lottery and that will not serve the purpose of H1b. Also if they restrict H1b then employers will have no choice to train fresh US workers instead of hiring 5 years experienced H1b. That is the expectation of Labor Unions and other US workers.


    Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

    If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

    What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

    Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

    This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

    Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

    Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

    So in a nutshell, they(IEEE-USA) are against H1B employees if they :

    1. Come here and stay here on GC.
    2. Come here and go back.
    3. Never come here but work for US companies and enable outsourcing.

    So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

    Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

    Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.





    whattodo
    07-11 11:49 AM
    My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?