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Has any one read these:Quote:
Originally Posted by imdeng
https://www.reginfo.gov/public/do/eA...&RIN=1615-AC15
USCIS Rule Making agendas for 2018
Rescission of International Entrepreneur Rule
Removing H-4 EAD Rule
H-1B Program and Processing Reform Rules:
Heightened Screening and Vetting of Immigration Programs Regulations.
EB-5 Rule Reform
Any thoughts of these becoming rules and how long it may take?
Systematic purge has started. The anti-immigrants have been waiting a long time for this opportunity. Now that they finally have the policy making positions in this administration, they are wasting no time. All the desis who were rejoicing when Trump came to power thinking he will kick out the undocumented (primary reason for hating HRC) and help the high skilled legal people get a shot of reality.Quote:
Originally Posted by srimurthy
I would argue that a lot of these are actually needed and should have been implemented long ago. H1B is a visa that's been long abused by the likes of Indian outsourcing companies and the so-called Desi consultants. Back in 2005 before the introduction of PERM, everyone was buying the pre-adjucated PERMS and significantly expediting the GC process if you were with these Desi consultants. Most of my friends went right to these companies and managed to get GCs in no time. Those of us who played it nice, got full-time jobs had to suffer through the backlog.Quote:
Originally Posted by EB3Iwaiting
And I don't even need to talk about EB1C abuse. I personally know of at least six cases of whom none was really eligible for a multi-national manager position. One guy was working in a grocery shop making 35,000 dollars per year and managed to get a GC in less than an year.
Let's not turn this in to a political issue.
While it is irrefutable that Indian outsourcing companies are abusing the H-1B system by paying employees at least 20-30 % below market rates, I would argue that one of the main indirect beneficiaries are American Fortune 500 Corporations who would rather save a pretty by contracting to the outsourcers than pay people fair market wages. Without the massive multi-million dollar contracts these Fortune 500 corporations provide, the Indian outsourcers would be out of business in no time. Too bad the whole system is flawed.
Can you detail how this person got into the EB1C que? Maybe you know more than any of us on this forum.Quote:
Originally Posted by iatiam
The owner of the grocery shop has another shop in India where he worked for an year and that made him eligible for L1A.Quote:
Originally Posted by HarepathekaIntezar
That sounds way out of the realm of possibility bro. I am not aware Desi grocers are that well organized or incorporated suitably to be able to take advantage (abuse as you would put it) of the L1 Visa regulations and the EB1C regulations!!Quote:
Originally Posted by iatiam
Feel free to believe/disbelieve this story. I don't have any problem with that. Also, like I mentioned, there are several other cases where I know first hand that the system has been stretched beyond it's limits. Here is another example, a friend of mine who has a diploma in engineering and he worked in a factory in India. He was transferred to the US and he moved here with his wife and two kids and was paid 35,000 dollars an year. They filed for GC and he got in less than an year. There are no wage restrictions on EB1C and that works in their favor.Quote:
Originally Posted by HarepathekaIntezar
Want more, here goes.
Those of who do not have the "luxury" of working for India based companies are resorting to apply for O1 visa nowadays. Again, I personally know of at least three cases where the applicants were I would call run-of-mill US graduate. Masters degree from a US university but managed to convince USCIS that they have extra ordinary ability. I wasn't surprised when Grassley contacted USCIS about misuse of O1 visa.
https://www.grassley.senate.gov/news...a-applications
Historically, India and Indians had one problem. They fight among themselves.Quote:
Originally Posted by iatiam
Case in point: Have you ever heard of even 1 Hispanic opposing the undocumented. Trump is not even touching them because they are united. Trump is attacking us because he knows these guys wont oppose anything they will fight amongst themselves.
We are also the first to abuse the system. Case in point - Desi consultants, fake resumes and fake multinational managers.Quote:
Originally Posted by rock581
Who said he is not touching illegals. He is lobbying really hard for everify. Everify will single handedly force most illegals to self deport.Quote:
Originally Posted by rock581
32% latinos voted for trump , surely not a sign of a united voting bloc
Exactly my point. No Latino ever says we jump the borders.Quote:
Originally Posted by iatiam
Well, most of the undocumented work on cash basis, eVerify would hardly matter. Even if it is true have you seen eVerify made mandatory. With DACA too, Trump has given a grace period of 6 months and is willing to extend it if Senate/House don't act. Do you see Trump giving any grace period to us?Quote:
Originally Posted by murali83
True. Most of them would flee next time if he touches the undocumented or Dreamers.Quote:
Originally Posted by murali83
Point is he has done nothing to harm the undocumented as a bloc although that was his big promise.
That 32% will not move an inch against him. During campaign, he talked about removing daca day1, stripping citizenship from anchor babies. Still they voted for him. Giving them grace period is huge. No way they will desert him. Those 32% are citizens who are traditional gop voters and will keep voting gop even if it is trumpQuote:
Originally Posted by rock581
Surprising the EB1 is a very high skilled and nationally / internationally acclaimed or recognized person and they still being paid 35K did not trigger a red flag while getting approved.Quote:
Originally Posted by iatiam
This guy is a friend of mine and in a conversation he confided this to me. EB1C does not have any wage restrictions and so it does not matter. So if they are not checking the wage, it should not be a problem.Quote:
Originally Posted by srimurthy
Not sure if anyone has heard about this, but in yesterday's Immigration Voice public call, it was mentioned that based on insider information, the administration is planning to block H-1B extensions beyond 6 years by re-interpreting certain existing rules.
In my opinion, 2 things give credence to this piece of information :
1. It turns out they were right about the H4-EAD repeal for about a year now based on insider information. Them getting involved in the lawsuit filed by Save Jobs USA forced the administration to avoid an early settlement and delay the H4-EAD rescission. All of this was confirmed by Leon who was working behind the scenes for H4-EAD.
2. Leon Fresco who is a Washington insider with deep connections in the Immigration world was present in the call and currently advises Immigration Voice. Leon was the individual who scored the first victory against the H4-EAD challenge when he was representing the Goverment during the Obama administration.
Possibly, a instrument to get such things in would be the proposed rule "Strengthening the H-1B Nonimmigrant Visa Classification Program" (https://www.reginfo.gov/public/do/eA...&RIN=1615-AC13).
If anyone want to listen to the details of yesterday's call, it is available on Sound Cloud. https://soundcloud.com/immivoice
I want to add a caveat that there is no public source of information to back this up but I personally believe this to be very likely.
Hi Spec,
There seems to be lot of stir around DHS may be planning to revoke AC-21. (This discussion started with *** conference call over the weekend.). My understanding is AC21 is a law and can't be revoked by DHS just by rule making. So I wanted to know your take on this?
(Obviously, this is not urgent at all...if you get time after holidays and feel like replying to this...please do so.)
Thanks.
I read that too in the email from ** this morning. I didn't know how they came up with that when no other immigration forums or website has talked about it. I think they are just fear mongering. I don't know what they really want to achieve but people are understandably panicking on trackitt. Could this be really true? If true, who does it impact? I am a physician (Internal Medicine) with a Masters in Public Health from US university. My PD is EB2I May, 2011. I am on H1B and has never been current to file I-485 and don't have EAD or AP. Had H1B in 2007-2010 where I was trained in Internal Medicine. Since training hospitals don't file for green card, I took up a job in 2010 after my residency and my hospital filed my green card in 2011 and have approved I-140. I am still on H1B since 2010 and had my 3rd extension approved and stamped in 2016 and valid till 2019. Would that impact me or is it only for new H1B filings?Quote:
Originally Posted by suninphx
WOW... this is only going to impact the backlogged countries, that is India and China (to some extent), but I guess finally at some point there won't be any backlogs after everyone goes back.Quote:
Originally Posted by immigration-winter
Looks like 2018 is going to be very interesting in the rule making process.
None of these actions should surprise Indians. Trump is just a small piece of the bigger movement that Bannon is leading. Bannon is anti globalist and there is a huge movement behind him that is bent upon making US more and more protectionist.
I am not a fan of **. But you must understand they are the only ones who are doing something / anything. To be honest what they are doing is absolutely inconsequential. They should have focused on suing US government / USCIS for discrimination based on nationality.
Enough said ...
Jonty, I am surprised to know that physician are filing under EB2. I always thought doctors are in EB1 Category. my cousin got GC in 2 years after his residency.Quote:
Originally Posted by Jonty Rhodes
Are you saying that doctors are also in same boat as IT folks ? My cousin completed his Ph.D in 2015 and filed in EB2 then but now converting it to EB1.
Not everyone can file under EB1. I matched into a community residency program and didn't have any opportunity for research or publications. So I couldn't file for EB1. There are thousands of physicians like me who are on H1B for the same reason. We can't control where we match since it is a software that matches the program with the interviewed candidates. You can read about NRMP residency matching program. Your cousin must had lot of publications or may have done subspecialty or may have done residency from a University program and not a community program. I had interviews from University programs but I ended up matching in a community program hence EB2. I have a colleague of mine who is also in EB2 just like me. There are many more physicians like me. I know some PhDs who are also under EB2. Not all of them can covert to EB2. A friend of mine is an Oncologist. Guess what - stuck on EB2. Another one, Pediatric Intensivist, Infectious Disease Specialist, Nephrologist, Psychiatrist, Pulmonary/Critical Care specialist, Gatroenterologist, Cardiologist. All of them are my classmates - stuck on EB2. It's unfortunate but true.Quote:
Originally Posted by tatikonda
I recently accepted a position of Chief Medical Information Officer for my hospital. So there is no problem with career growth itself but you still can't upgrade to EB1A unless you have lots of publications or EB1B unless you are in academic setting with publications as a professor. If you are working in a community hospital setting, you can't do anything.
+1Quote:
Originally Posted by Jonty Rhodes
I have a PhD, currently working with a Fortune top 3 company. I don't have significant number of publications as I didn't spent too much time in academics. I have been on H1b for last 10+ years with PD of July2009. Due to some awfully bad luck never got a chance to file for EAD. With current political climate , now I am thinking of liquidating stock equity and apply for EB5. Anybody else here working on EB5 filling ?
Be wary of applying via the EB5 program. I-526 applications are taking on an average around 16 months for approval. If you decide to use regional center - there is a lot of fraud where you can lose all of your investments and end up without a green card at the end. Additionally, in general regional centers have a fee north of 50K USD in addition to lawyers fee, which is close to 20K USD (Sample fee for your reference: https://www.hooyou.com/eb-5/fee.html ). There are other things to consider:Quote:
Originally Posted by Airbender
1) Even after I-526 is approved you will only end up with a conditional GC valid for 2 years. The conditions will be removed if you / regional center create 10 jobs (hence if there is fraud, you will be impacted). By the time you get your permanent GC, you are easily looking at close to 4-5 years (16 months for I-526 + 2 years conditional GC + I-824 to remove conditions - This is assuming no RFEs).
2) Considering you have a priority date of 2009, you may want to consult a lawyer regarding what happens if your date gets current while you are on a conditional GC i.e. can you apply for a permanent GC while on conditional GC ? Perhaps, someone on this forum can clarify
3) Having seen how H1B / EB2-I / EB3-I has played out in the past, I am circumspect that the goal post will be changed while you are in the EB-5 process (its worth keeping this risk while evaluating).
Good luck whatever route you choose!
I second this. I explored the option of EB-5 Visa this year through a lawyer and found exactly the same thing that’s mentioned in your post. I won’t be able to get my GC till 2022-23 via EB-5. It would be the last resort for me if nothing works out. It’s not worth risking your life savings for this if it is going to take 4-5 years minimum to get GC unless there is no other way. Plus you are looking at $50,000-75,000 of administrative fees on top of your investments. I would only use it if that is the only option left.Quote:
Originally Posted by Immigo
Someone recently mentioned the option of O-1 visa and then an EB1. I have not done much research into this but may apply to physicians.Quote:
Originally Posted by Jonty Rhodes
Thanks Jonty and Immigo for valuable advice and caution on fraud. I am too considering EB5 as the last resort.Quote:
Originally Posted by Jonty Rhodes
Yes, I have read about it. That would be another option if H1B extension beyond 6 years is terminated. But again when it comes to filing EB1, there is a same problem. Lack of publications or research. If one can't qualify for EB1 then it doesn't matter whether they are on H1B or O1 or J1 visa.Quote:
Originally Posted by vyruss
EB1A and EB1B have too stringent criteria compared to the lax criteria of EB1C. Unfortunately as a physician, we will never qualify for EB1C since my hospital would not have another branch in a home country. Even if I work for Mayo Clinic or Cleveland Clinic which are the topmost medical institutes in the world, I still can't qualify for EB1C because they have branches in Dubai and Abudhabi and not India so home country requirement doesn't get fulfilled there.
That is the most frustrating part.
Hi Jonty - I am not 100% sure but quite confident that home country doesn't mean country of birth. It just means a country where you were employed before your EB1C application in US.
Quote:
Originally Posted by Jonty Rhodes
http://www.mcclatchydc.com/news/poli...192336839.html
McClatchy reports that DHS is weighing ending H1-B extensions as I V suggested.
Thanks for all this info and your opinion on these 2 organizations, SIIA and IV. I completely agree with your previous assessment of IV where you stated "I am not a fan of Imm**** Vo***. They are nasty, quarrelsome and has a holier than thou attitude. But at least they are singularly focussed on removing per country caps which will solve the problem. "
While the IV folks are rough and hostile to newcomers honestly speaking, I think they are the only ones genuinely pushing for HR392 which would solve the problem and institute a "first come first serve" policy which clearly seems very fair.
I have been a silent reader of this blog for some time now and I really appreciate the informative discussions (and the politeness of people) in this forum. I have a question. Assuming (and a BIG assumption here) that somehow, HR 392 is passed and becomes a law, how would it help people who will be impacted by the rumored AC-21 changes? I don't understand the rationale of a big push for HR 392 (as much as I want it to be a law) because AC21 might be re-interpreted/changed by the administration.
LongQue - welcome.
HR392 will cancel the per country caps. AC21 allows extension of H1Bs, job portability and other things.
HR392 will create the need for H1B extension universal because HR392 will eventually make green card wait times common across all countries. So then the congress will have to make laws that decide what to do with backlogs. Do they let them build up and allow continued extension of H1Bs? or do they not allow continuation of H1Bs and disrupt the employment.
Sometimes I feel that the rumoured AC-21 change is a ploy to create urgency around HR392. Because if tech companies suddenly lose the workforce then they might be ok to stop the current indentured labor that H1 is an let these folks get Green cards via HR392. (Disclaimer: Pure speculation on my part. )
Quote:
Originally Posted by LongQue
Thank you!. I feel the same way about the rumors floating around (and the convenient timing). At this stage, with DACA, The Wall, and Chain immigration taking up all the airspace, I don't think there is any appetite for the administration to fix Legal immigration (other than the token support for RAISE act, which doesn't appear to go anywhere in the immediate future). Unless there is some behind-the-doors deal that has not been leaked yet, we might not get any relief.Quote:
Originally Posted by qesehmk
How much I wish this speculation becomes reality!!!Quote:
Originally Posted by qesehmk
Thank you Iatiam. Glimmers of hope gets me excited. :-) I will register for IV and see how I can help. Thank you for your perspective!Quote:
Originally Posted by iatiam
http://www.mcclatchydc.com/news/poli...193665104.html
WASHINGTON Under intense pressure from the business and technology communities, the Trump administration appears to be backing away from a policy change that could have forced foreign tech workers out of the country.
If US respects the One China policy, why is Taiwan given separate Green Cards?
If US can give Taiwan Arms ... then US can sure give Green Cards to Taiwan.
That doesn't sound very much like US respects One China policy.
Quote:
Originally Posted by EB3Iwaiting