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Member Profile: LongWaitEB2 (9 posts)

Hello, I'm LongWaitEB2 (report this user)
I am from India
I last logged in on 22 Aug 2017
I have been a member since 30 Jul 2017
I have added 9 posts in trackitt forums
I added my last post on 22 Aug 2017
LongWaitEB2's Posts
Posted in I-140 Forum on 22 Aug 2017
Topic: H1 time limit

I do not think that the above statement is correct. USCIS usually will give for 3 years if the applied petition request for 3 years.
In your case, it looks like your attorney requested for 3 years extension even though you were eligible only for 18 months extension. If you stay more than 18 month, it could be a risk in future. Please contact your attorney to know the timeline you can stay in US and that they are ready to challenge, should there be denials in future. Usually you will not be considered as "overstayed" if you stay more than 18 months.
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Posted in I-140 Forum on 10 Aug 2017
Topic: CTS alone 21k H1B in FY2016

Just trying to understand how CTS alone filed 21k H1B in one year? How many employees they have in US? Also, L1A/L1B/TN Visa for this company must be atleast equivalent to H1B if not higher. It looks like this company should have atleast 50k employees on H1 to file such a big number in a year. As per the below link (looks to be updated), the numbers are not even close.
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Posted in I-140 Forum on 04 Aug 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Ok. I would rephrase your line. Eb2 is specialized skill according to USCIS. Now it is your inference that EB3 is less skilled than Eb2 and there is no need for me to agree to your perception. Now do you see the hypocrisy when you claim people with lesser skills qualify for EB1?

--I am not sure what exactly you mean. People with lesser skill will qualify for EB1. Its not that I am claiming. Its the rule that allows it. People use EB1/TN visa for their advantage and as long as the rule allows it, there is no fraud or misrepresentation. Again no one in 1990 could have predicted the impact of diversity visas on job based immigration. Even though you say that rules are already there, all we are saying is there need to be changes in the rule as people (as mentioned in my script) are utilizing loopholes to their advantage.

A person who got in the EB3 queue acquired necessary skills over time and became a specialist which qualifies him for Eb2. Again you are incorrect in claim that maintaining PD is a privilege, it is defined clearly in USCIS website.

-- Please refer to my above comment

I support HR 392. However it would help you to adequately market this bill if you adjust your perception of other people less skilled/ frauds/wage suppressors just because they are in EB3/EB1 or TN category.

--Again your understanding is incorrect. As per the script, people are able to circumvent the immigration paths through various means and that the law focus only on H1B (because it is well documented). For example no one knows how far EB2I queue will move in next 10 years whereas USCIS easily pull the report for H1B and flashes it on their website. Where are reports on TN/L1A/L1B/Other Visa categories?
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Posted in I-140 Forum on 31 Jul 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

You have stated the fact about the feeling of people coming in front of you. However USCIS permits for people who port retain their priority date. That's a rule. They were in the queue before you period.
-- They were in a different queue. They were less qualified than the person who applied in EB2. As per DOL, EB2 is higher category than in EB3 (either you accept it or not - its upto you). Over a period of time, they may have been qualified for EB2 but giving them ability to maintain their priority date is a privilege. We are talking about 1 year of difference in priority date would make a difference of decade(s) in getting GC. During 2009/2010, no one was able to predict that 6 month of difference in priority date will change into years of waiting. Many employees prefer to wait for companies to apply in EB2 even though they were eligible to apply in EB3 (3 years back).

Regardless of EB2/EB3, anyone waiting for more than 6 to 7 years should know how difficult it is to wait in these queues.

Again, I am not here to argue but would like to see if anything can be done to support HR 392.

H1B replacing American workers is the concern of the natives, not T1 replacing H1B's.
--H1B replacing American workers was not a concern about 10 years back. Backlog for H1B's made it a concern. USCIS releases data for H1B which makes it susceptible. Since TN visa has no stringent requirements/no reports, it is difficult to back any claims with data.
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Posted in I-140 Forum on 31 Jul 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Its not about the challenges that EB2 or EB3 faces. How do you feel if you are in a queue of 100 and wait patiently for years for your turn. When your number in the queue is 5, someone adds people from another queue and then your number become again 105? EB1C is protected from porters but EB2 is not. Also, most EB3 folks are with three year education from unknown universities.
Note: I totally agree that EB3 folks are facing issues and challenges like EB2 but EB2 is most unpredictable queue due to 40% EB3 porters.
Also, L1A/L1B/Indian Origin Canadian (TN Visa)/Indian Origin Australian do not have any wage requirement. Companies will circumvent the visa requirements for profit. This is their business and they will do everything possible.

Look at the data how much Canada is giving PR to Indians. India tops the country from numbers perspective for canadian PR/citizenship. All these folks are likely to bypass the H1B wage regulations and join the US work force. The companies have started hiring them because they are cheaper than H1B and more reliable from immigration perspective. This will get worse in future as Canada has ramp up the inflows of immigrants.
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Posted in I-140 Forum on 31 Jul 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

perfectly said

"At least is there any support for the persons who is having knowledge in H1b or legal immigration. That is also no".
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Posted in I-140 Forum on 31 Jul 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Everything is permitted by rule and that's why people/employer abuse it. H1B became the biggest political agenda because of huge number of employees on H1B. The huge number comes from backlog.
HR 392 is a very good bill for us, however unless and until, we can prove this bill is beneficial to America, it has a big head wind which prevents it from making any progress. We say 10+ years wait time for EB, FB guys will say we have 20 + years wait. We could not even get other ROW EB guys to agree to this bill in the earlier form HR 3012 under a seemingly helpful administration.

Do you think ROW EB guys will agree to this bill? Why would they? They can easily jump the corporate ladders with GC in hand while their Indian competitors on EB2 are still stuck at Developer role. I just wanted to highlight that in my example, PersonA is highly skilled, followed the rules, paid all taxes (in comparison to Person B/C/D) and thus benefited America than his counter parts.

Not giving personB an opportunity to be greened but providing heavy benefits to people like personD (especially based on Salary/role) is a loop hoe that the law provides. It is very important to support HR 392 in any possible means, otherwise we are in dark loop hole for ever.

Again I have brought the issue of EB2 (not just because of the wait time). It was because of wait time and heavy unpredictable retrogress of this category. In my opinion, the challenges here are more than any other category.
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Posted in I-140 Forum on 31 Jul 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Nothing you have written indicates curse, each person you mentioned had his/her own career paths. PersonA had a stable career, PersonB knew the game played it better and go the right breaks, PersonC took the decisions what he/she felt appropriate and got the benefits came his way.

-- Unless you are in EB2I, you will not be able to appreciate the long wait time of EB2I. Also, unpredictable movements in this category looks like it is curse. No one knows that this category have such a big variance and that it will provide significant benefits to people following different route (thru Canada/Australia etc)

If PersonA yells at his wife and children for something which they are not responsible, it shows his immaturity. There will be millions of people who would love to be in PersonA's shoes. It is more of a case of glass half full or empty.
-- I agree that it shows immaturity (but this is in future). It is actually a frustration because of immigration policies in US. Designation/Salary is matter of path that individual choose over a time and nothing related to skill of an individual unlike USCIS/DOL believes. Company hire and give hike to negotiator. If one is unable to do negotiation, they have to loose in all aspects.

What is the relevance of PersonD in the above script?
--PersonD path indicates that USCIS rules are made to be abused by Canadian/Australian. In 2008/2009 during the recession, Canada opened the PR route for all H1B holders. Walk down to Toronto/Sydney and you will hear from most Indian origin Canadian/Australian that they are either working/planning to work in US giving fierce competition to H1B by lowering the wages (No wage requirement for TN visa).

Note: A Canadian do not have to take a Medical Insurance. 130K salary to Canadian means he/she do not have to loose 10-15K on medical insurance as Canadian Government pays the medical bills.
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Posted in I-140 Forum on 30 Jul 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Requesting all folks to put effort for HR392. Donating to IV or not shouldn't be hampering our effort. Many of my friends and myself have similar experience as below except the notes in Future section.

EB2 a curse:

PersonA graduated with Bachelor in Technology in Computer Science in year 2001 and joined an employer in India.
2001 was one of the worst year for IT industry and after good amount of hard work and struggle, PersonA was able to get a job. PersonA is not familiar with
IT industry (onsite/offshore) etc ... PersonA got his H1B visa in 2003 but never bothered to travel to US until late 2005 when his company forced him to travel as H1B
visa was about to expire. Post 2007/2008 recession, in 2009 PersonA realized that applying for Green Card is better than depending on Visa. PersonA changed the employer who applied for GC in EB2 category whose priority date is in 2010. PersonA waits patiently for years to get his final stage completed.

PersonB graduated with Bachelor in Technology in Computer Science in year 2005 and joined an employer in India.
PersonB is much familiar with IT industry (onsite/offshore) etc ... PersonB put his paper and threatened the employer to resign. His employer agreed and he got his H1B visa in 2007. PersonB immediately traveled to US in 2007.
PersonB applied in EB3 category through a very small consultancy employer in 2007.
PersonA and PersonB clients are same. PersonA mentored PersonB and trained him over a period of years. In year 2013, PersonB ported EB3 to EB2 and was able to get GC.
PersonB joined the client as developer and started showcasing to clients that PersonB is more capable of PersonA. Cients did not liked PersonB and so PersonB joined another employer
at better pay.

PersonC graduated with Bachelor in Science in Computer Science in year 2004 and joined an employer in India. PersonC was unable to get onsite as he has only 3 year Bachelor Degree and L1B/H1B was denied. PersonC preferred to stay offshore as he do not have much choice. At some point of their career, PersonC and PersonB are working for same team from offshore with onsite tech lead as PersonA.
PersonC has no fear of VISA ISSUES as he is in home country and so he changed many employers and negotiated better role and salary. PersonC became manager in 2010 and senior manager in 2014.
PersonC is unable to jump ships after becoming Sr.Manager in India as competition become tough for his age and experience. PersonC looks for opportunity in foreign land. PersonC travel to US for first time in 2015 on L1A.
PersonC negotiates with employer to file EB1C in 2016. PersonC gets GC. PersonC join another employer on a better payscale and good designation.

PersonA is heavily frustated when his manager came to him and said that a new Director(PersonD) has joined the team and that he is from Canada. PersonA meet PersonD. PersonD's face looked familiar to PersonA. Next day, PersonD came to PersonA's cubicle and said that PersonD's H1 visa was denied and that PersonA recommended for him an alternative onsite opportunity to Canada in year 2007. PersonD got his canadian PR in 2009 and canadian citizenship in 2013.

PersonD is director whereas PersonA is still patiently waiting in line for his EB2 under Occupation Code: 15-1121 (Low Skilled Labor). Unable to maintain a healthy professional and personal relationship, PersonA is mentally frustated and is unable to do well in all aspects.

In 2017, top employer opens an opportunity. PersonA, PersonB and PersonC applies
- PersonA //Denied - Not eligible as employment sponsorship is required
- PersonB //Hired - Eventhough PersonB became eligible for EB2 category later than PersonA,he was able to jump the line because he was able to port and retain the priority date. He is able to negotiate his salary and designation because he is LPR.
- PersonC //Hired - Eventhough he is less capable in technical, he is able to negotiate his salary and designation because he is LPR.

In 2018, top employer opens an opportunity.
- PersonA applies
- PersonA is being interviewed by PersonB (Solution Architect) and PersonC (Manager)
- PersonA is still Computer Systems Analysts (Occupation Code: 15-1121)
- PersonB/PersonC makes fun of PersonA

PersonA went to home and yelled at his wife and children... for the first time in last 15 years.

Sandwiched by EB1 and porters from EB3, isn't EB2 a curse?
If H1b's are low skilled, why are canadian/australian entering into United States at the same skill and salary? Why TN visa has no stringent requirements.

Why would DOL/USCIS look into these details. For them all PersonA, PersonB, PersonC and PersonD are subjects and it doesn't matter who gets greened.

Note: PersonA, PersonB, PersonC and PersonD are all hard working and trying their best to increase their bank balance and secure their family's future.
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