chi_shark
07-10 11:28 AM
so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
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vinabath
04-23 03:34 PM
any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
desiguy22042
09-23 06:54 AM
Hi mnq1979,
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
I belive my situation is the same as urs....i received mine and my wife I-485 receipts in mail but nothing related to EAD. My case is also transferred to TSC from California on Sep. 17 as my I140 is approved from TSC.
I want to ask u that how long did it take u to get ur EAD card after u received ur I485 receipt and from where ur EAD was issued, is it from CSC or TSC.
Did u received any receipt of EAD or u jst got the EAD directly.
Pls. advise. thanx
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
I belive my situation is the same as urs....i received mine and my wife I-485 receipts in mail but nothing related to EAD. My case is also transferred to TSC from California on Sep. 17 as my I140 is approved from TSC.
I want to ask u that how long did it take u to get ur EAD card after u received ur I485 receipt and from where ur EAD was issued, is it from CSC or TSC.
Did u received any receipt of EAD or u jst got the EAD directly.
Pls. advise. thanx
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rtarar
05-20 08:22 AM
I am a July 2nd Filer, and have not gone through FP till now.
I e filed on 11th May for EAD /AP renewal for myself and spouse.
LUD on 14 th May. Receipt notices received 16 th may.
Got FP notice only for myself on 19 th May.
(Still waiting for spouse's FP notice)
-R
I e filed on 11th May for EAD /AP renewal for myself and spouse.
LUD on 14 th May. Receipt notices received 16 th may.
Got FP notice only for myself on 19 th May.
(Still waiting for spouse's FP notice)
-R
more...
vij
06-15 11:28 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
I have the same question. who gets the receipts? - only lawyer or both lawyer and benefeciary or both lawyer and employer
I have the same question. who gets the receipts? - only lawyer or both lawyer and benefeciary or both lawyer and employer
niraja74
04-09 05:05 AM
I searched my case on FLC data center and found following for my LC approval
Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES
While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.
Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?
Thanks in advance for your inputs and thoughts.
Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES
While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.
Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?
Thanks in advance for your inputs and thoughts.
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n2b
08-13 02:04 PM
which center ..am guessing NSC but guys please post the center too
It is NSC
It is NSC
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tonyHK12
02-09 09:09 PM
Ok, now I am a recurring donor...
I just did my first contribution of $100 and have become a recurring contributor for the same amount.If needed I will increase my contribution for March and April, as I will not be able to attend the event due to Family.
thanks for your contribution 'gk_2000', this is also for user 'gujju'. Please send your details to ivcoordinator@gmail.com to get Donor access and you will get a lot more details of our advocacy efforts.
IV username:
Ph #
City and State of residence:
Pay pal receipt date:
Transaction / subscription #:
Date of payment:
One time or recurring donations: Recurring
For members - All one time donations for the next 2 months will be for the April 2011 Advocacy days.
I just did my first contribution of $100 and have become a recurring contributor for the same amount.If needed I will increase my contribution for March and April, as I will not be able to attend the event due to Family.
thanks for your contribution 'gk_2000', this is also for user 'gujju'. Please send your details to ivcoordinator@gmail.com to get Donor access and you will get a lot more details of our advocacy efforts.
IV username:
Ph #
City and State of residence:
Pay pal receipt date:
Transaction / subscription #:
Date of payment:
One time or recurring donations: Recurring
For members - All one time donations for the next 2 months will be for the April 2011 Advocacy days.
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jsb
09-10 11:00 AM
There is a mistake in the vb for Oct 2009 for Eb3 . Please look at the mumbai consulate it shows Eb3 -I cutoff date is 22 feb 2002.
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html). Can anyone verify the problem .
Mistake seems to be at the Mumbai site. They seem to have copied E3-I dates from the China column of the original VB. Perhaps they will correct it quickly. On the optimistic note, we can hope that error is in the published VB, not at Mumbai site.
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html). Can anyone verify the problem .
Mistake seems to be at the Mumbai site. They seem to have copied E3-I dates from the China column of the original VB. Perhaps they will correct it quickly. On the optimistic note, we can hope that error is in the published VB, not at Mumbai site.
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sweet_jungle
11-06 04:16 PM
just sent e-mail to ombudsman. I would encourage all of you to send e-mail regarding FP delay. it did help in getting receipt notices. Please do it for FP also.
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
more...
gccovet
02-10 09:45 AM
I am sending a $50.00 check today.
Thank you RS_123.
This brings us to $919.00
gccovet
Thank you RS_123.
This brings us to $919.00
gccovet
hot BMW M6 Convertible Super Car
greencard_fever
08-12 02:27 PM
I think we got our green cards.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 12, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.
Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?
Also whats ADIT.
BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.
vdixit
Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 12, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.
Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?
Also whats ADIT.
BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.
vdixit
Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval
more...
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sparky_jones
09-23 04:20 PM
* is expected to move very slightly forward
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward
I love english. You can say the same thing in 10 different ways without hurting others.
-- He could have done it with just two words as "Forget it" and closed the meeting.
Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward
I love english. You can say the same thing in 10 different ways without hurting others.
-- He could have done it with just two words as "Forget it" and closed the meeting.
Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!
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GCStatus
09-13 10:08 PM
you got my support chief
Welcome Aboard Warrior
Welcome Aboard Warrior
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georchen
09-12 03:10 PM
My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?
I'm in the same boat. no checks encashed. no receipts. Pray God every day.
I'm in the same boat. no checks encashed. no receipts. Pray God every day.
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lost_in_migration
05-01 05:31 PM
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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Pankaj
06-22 10:46 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
girlfriend Super-fast shifting ISR
sayonara
09-07 01:25 PM
Did ur packet was received by R.Williams ?
Not sure if this question was addressed to me, but my packet was indeed received by R Williams..
Not sure if this question was addressed to me, but my packet was indeed received by R Williams..
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eb3retro
07-19 07:24 PM
the above poster summarized it very good. here are some of my thoughts..
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
vbkris77
05-01 03:30 PM
If our interpretation is correct, how many of you are willing to sue CIS??
alterego
12-12 05:50 PM
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
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