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Member Profile: flydeep (32 posts)

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Hello, I'm flydeep (report this user)
I am from India
I last logged in on 11 Jan 2018
I have been a member since 22 May 2016
I have added 32 posts in trackitt forums
I added my last post on 11 Jan 2018
flydeep's Immigration Cases
 
I-140 case: Approved in 272 days (98 days more than average)   (2 comments)
User: flydeep Nationality: India
Applicant Type:primaryService Center:Nebraska
Category:EB2Priority Date:01 Dec 2008
Application Filed:22 Jul 2016USCIS Received Date:29 Jul 2016
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:20 Apr 2017
Total Processing Time:272 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 30 Nov 2016 Last Updated: 24 Apr 2017
Notes: Call was made to initiate a service request after case was taking longer than expected based on processing times. Got approval notice in 38 days of initiating request.

PERM case: Approved in 133 days (101 days less than average)   (0 comments)
User: flydeep Nationality: India
Priority Date:15 Dec 2015Category:EB2
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:approvedApproval/Denial Date:26 Apr 2016
Total Processing Time:133 daysDays Elapsed:
Case Added to Tracker: 07 Dec 2016 Last Updated: 07 Dec 2016
Notes:
flydeep's Posts
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Posted in I-140 Forum on 11 Jan 2018
Topic: 100 CEO's write to support DACA

And what exactly defines an Indian? A group of people having ancestors that were once upon a time enslaved by the British? Or is there something more in common that I am missing?
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Posted in I-140 Forum on 07 Jan 2018
Topic: Raise Act

Indeed, applicants living in some cities will have an advantage over others. Particularly in CA metros, as median wage in CA is about the same as other states, but folks in high tech earn much higher as cost of living in individual cities is much higher.

Also, I believe the proposal considers median wage by state.
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Posted in I-140 Forum on 07 Dec 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Agree with you on the point of discrimination based on birth. It has always existed in previous immigration policies to my knowledge as well. And from an american's point of view, it has actually worked out quite nicely as a check against fraudulent immigrant applications overflooding the system with cheap labor, as they may get their H1/L1 status but be forced to wait in line to be a permanent member of society. It's the ones from India that really deserve merit, like someone with patents published or articles in the Nature journal that are really suffering from this backlog due to actions of many others.

Don't agree on the "independence" of H4 spouse or any other points. I feel any american in this climate would just say one thing, if you are not happy with system pack up and go home. It's not like americans are multi millionaires that they can afford to feel sympathetic to others, especially a perceived well to do group like indians.
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Posted in I-140 Forum on 07 Dec 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

And why do you think equal opportunity should apply? Does it apply back in your home country to any foreigner?

With that said, not that I necessarily refute your view of "modern slavery", but I don't think just having a green card or being a citizen in any way guarantees one "absolute freedom" to take any job they want. Majority (more than 95%) of work force in most US corporations, except a few IT bodyshoppers and big firms like Facebook is still citizens and green card holders. How do you think a company manages to make sure every GC holder or citizen doesn't ask for a promotion every year just by virtue of the fact they are a GC holder or a citizen? Corporations have all sorts of ways to manage their workforce and keep costs effective, the H1-B/L1 visa route is just one way a few companies in the IT world did it, there are numerous other ways of doing the same thing. For example, companies often "force" employees (who are citizens) to stay in a job they are very unhappy in, by "chaining" them to stock options that vest in next 4 years and if they leave, they might be leaving 100,000 dollars on the table or something. And of course, there is no guarantee that at the end of 4 years, you will get your 100,000 dollars because it all depends on what the company's stock does in that period, just like there is no guarantee staying in a company for 4 years will get one a green card.
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Posted in I-140 Forum on 07 Dec 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

I looked at the definition of slavery and all I could find is it is defined as a "condition in which one human being was owned by another". In this situation, if one is not happy with the system, s/he is free to take the next flight home and not put with it.
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Posted in I-140 Forum on 07 Dec 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Exactly. Most H1B or L1 workers live and work in places where they daily interact with the most affluent and well to do american citizens and on comparing with them, it definitely seems like visa status is a major challenge. But if one were to compare to the average american, most people on visas are earning anywhere from 4-8 times that of an american worker, and maybe much higher than even that. Financially, most of them earn well to avoid getting into a debt spiral and making ends meet. So why should an average american show much empathy? The average american also wants a good well paying job. He or she would care less about immigrants not realizing their full potential
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Posted in I-140 Forum on 04 Dec 2017
Topic: H1b intense scrutiny - is there a silver lining here?

Last 2-3 yrs spilloverrs have been close to nill owing to high use in EB2ROW and EB1 filings. With greater scrutiny, it is possible spillovers could increase. In 2016, EB2 only got 3600 or so visas. Even if this number went back up to 10000, which is still lower than the historical avg, the waiting time would drop dramatically. It is possible that folks with PD 2010-12 could be eligible for I485 in 5-8 yrs or so, as opposed to 70 yrs that was quoted recently. Add to that, the fraction of ppl that could drop out. Look at EB3I, it seemed like there was no hope at one time but it could move into 2007 this year.

However, I also think that intense scrutiny makes for possibility of a I485 rejection higher. Having one's turn early may not necessarily end up well for everybody, as now u may not keep extending H1B indefinitely and will be forced to call game over at some point. Change in immigration law could also throw all bets off the table.
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Posted in I-140 Forum on 28 Nov 2017
Topic: Raise Act

And what exactly are u doing? Firstly, who are u to judge who is getting paid without work, maybe someone here works routinely during night time. Secondly, if you are not interested in discussing the impact of the potential RAISE act on individuals, why do u bother to open this thread and read?
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Posted in I-140 Forum on 28 Nov 2017
Topic: Raise Act

Indeed the current form of the RAISE act seems to favor those living in high cost cities, particularly on the west coast. For example, the median household income of California is only $65k as people pointed out, but just by living in the bay area, you are likely to earn close to 150% of the state median given median household income of bay area is about $95k. Whereas, for a place like Minneapolis, you are likely to earn may be 120% of state median household income ($58k state median vs. $71 metro area median).

If the intent of the law is to be fair to immigrants across all locales, it would make sense to look at household income by city and probably by occupation / industry as well. As I agree with many others on this forum that $200k may be a mediocre wage for someone in the tech industry, it is near impossible for a IC / VLSI / mechanical engineer to even reach a salary of $150k. Or may be they don't mind immigrants continuing to cluster where they always have been???

Disclaimer: Income figures may not be 100% accurate as I had used a quick Google Search without checking the source of data / year of data
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Posted in I-485 Forum on 15 Nov 2017
Topic: Oct 2017 Inventory Out !!!

Looks like they have messed up the inventory again. A similar situation happened with the April 2017 pending inventory. The August inventory corrected those numbers, but now we back to the April figures.

Sometimes I wonder if they have two different spreadsheets or something, one in which the years are shifted by a column causing numbers from 2009 and 2010 to get added into 2008.
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Posted in I-485 Forum on 12 May 2017
Topic: April 2017 i-485 Pending inventory released

I suppose thats possible. But that still means numbers are messed up, be it the Jan 2017 inventory in this case. Like others pointed out, Jan 2017 inventory seems more in line with previous quarters so thats a little more unlikely in my opinion. Anything is possible though, with the USCIS.
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Posted in I-485 Forum on 12 May 2017
Topic: Who's supporting Class Action Lawsuit

I agree. The low entry bar on EB1C combined with the lack of regulation on wages/quota for L1 visas has allowed multinationals to exploit this loophole in law to bring in foreign workers unchecked. While media like breitbart focuses on H1 I think the real abuse is happening in the L1->EB1C route. I personally know many ppl who moved "onsite" and got their GCs in just 1-2 years. Some of them qualified for EB1C without ever bring a people manager. Apparently they were managing a "process" for the company! And its famous multinationals exploiting this, not just witches.
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Posted in I-485 Forum on 12 May 2017
Topic: April 2017 i-485 Pending inventory released

Impossible. It's called I-485 pending inventory for a reason. Porting happens when a beneficiary obtains an approved I-140 petition in the EB-2 category, using the same date as the beneficiary had in the original EB-3 I-140 petition. If dates are not current when the beneficiary obtains the EB-2 I-140, then he/she cannot file for I-485 and hence there is no way they can show up in the pending inventory.

Either USCIS was reporting incorrect inventory numbers till Jan 2017 and corrected in the April 2017 release, or the April 2017 numbers are messed up for EB2/3 India. The latter sounds more believable to me.
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Posted in I-485 Forum on 10 May 2017
Topic: April 2017 i-485 Pending inventory released

I dont think it makes sense that EB2I jul-dec 2008 nos went up dramatically between jan and apr 2017. USCIS has not allowed filing dates and final action dates did not move beyond june 2008 till now. How can porters get added for the second half of 2008 when USCIS is not even accepting I485 applications with those dates?

Either the jan numbers are messed up or april one. I am inclined to think the april ones are. Because as someone mentioned, if pending inventory is truly that high, then dates should likely have retrogressed. But who knows.
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Posted in I-140 Forum on 02 May 2017
Topic: why only on H1B abuse?

Not to mention that they will file under EB1C as a multinational "executive manager". Some of them have never even managed anyone in their lives. And yet they qualify. And, there are senior directors and Vice presidents on companies on H1B visa just because they didnt have the opportunity to work abroad for one year. How much sense does that make?
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Posted in I-140 Forum on 02 May 2017
Topic: why only on H1B abuse?

Ditto that. I think the reason is because H1Bs are the most visible visas, as any american company can hire people on them. L1s are restricted to mostly MNCs, and many of them have done a very clever job in concealing the L1 visa holders by hardly hiring "mainstream" americans. Thus media like breitbart will never know how much those visas are abused as very few americans work there to report on such abuse. If at all such companies hire americans, its often earlier batch of H1/GC holders who wont obviously wont complain.

In fact, u would see interesting dynamics in such companies like L1 visa holders displacing H1 holders from their jobs after H1s train them. Corporate greed has no end. And exploitation is so much easier on L1s as there is no wage regulation or annual cap. According to some estimates, there are as many L1 holders in US as there are H1Bs. And thats inspite of a strict 5 year limit on the visa. MNCs have switched to hiring L1s directly as they are easier to get as compared to H1s for their "cheap" labour needs for quite some time now.
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Posted in I-140 Forum on 26 Apr 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

To add to that, H1B visas are at least limited to 85K per year (excluding non profits / universities). The GC queue has also blown up significantly owing to GC filings by people coming on L1 visas and direct F1 - GC route by certain ROW countries. I know the former is quite significant, but often goes unreported as not many americans work in such areas. The increase in filings of L1 visas in the 2000s, and subsequent direct conversions to GC is also what has tipped the balance of number of work visas vs. immigrant visas available in total.

Everyone talks about H1-B abuse as H1-Bs are most common and prevalent in almost all companies. But fewer know about abuse in the L categories, as only multinational companies can use these visas, and when they do they do it extensively. According to one estimate, the number of workers on L workers is almost the same as H workers, which means almost the same number of people come in on L visas as they do on H1-B. And yes, the workers on L1 visas are heavily skewed towards Indians. Hence, the massive backlog.
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Posted in I-485 Forum on 13 Apr 2017
Topic: May 2017 - Visa Bulletin Prediction

I concur.
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Posted in I-485 Forum on 13 Apr 2017
Topic: May 2017 - Visa Bulletin Prediction

Spot on. The system was originally designed to be very balanced. 85k H1s per year, with 140K EB GCs was the big picture. There was a little reason for backlog to exist as 140k EB GCs was enough to accommodate H1s converting to GCs, plus researchers and PhDs working in universities / non profit H1s.

The arrival of mass use of L1s in the 2000s and subsequent EB1C filings is what tipped the balance.Because L1 has no annual limits. Hence, the backlog got created as the system was not evenly balanced anymore.
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Posted in I-485 Forum on 13 Apr 2017
Topic: May 2017 - Visa Bulletin Prediction

I honestly don't think the new administration cares about Masters degree holders impacted by porting from EB3 or fraud in EB1C etc. The only argument that I think will fly in helping the backlog is how fixing the system will help american workers. Save american jobs and stop discrimination against americans is all the new administration is likely to listen to. That's my take.
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