dilbert_cal
05-10 02:17 AM
Answer inline in RED.
Even I was interested in similar scenario.
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
If your 485 is pending for less than 180 days, you are taking a risk. Its a calculated risk but most of the time there are no issues. In such a case , you will join a new employer and continue the process. If a RFE is raised within the 180 day period, you are in trouble. But realistically, your case is hardly worked on in the first 180 days. Once 180 days have passed, you can use AC21. A lot of people have done it in the past - and have been lucky.
2. From my understanding, the process needs to restart. However, do I have to do something to withdraw pending I-485.
If you absolutely want to do everything from scratch, yes you can withdraw your application. But its not a requirement to restart the clock until you have to.
3. Will it be termed as denied I-485 and create problems if I apply new I-485 with new employer?
No issues on your next 485 filing.
Any response will be appreciated.
Even I was interested in similar scenario.
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
If your 485 is pending for less than 180 days, you are taking a risk. Its a calculated risk but most of the time there are no issues. In such a case , you will join a new employer and continue the process. If a RFE is raised within the 180 day period, you are in trouble. But realistically, your case is hardly worked on in the first 180 days. Once 180 days have passed, you can use AC21. A lot of people have done it in the past - and have been lucky.
2. From my understanding, the process needs to restart. However, do I have to do something to withdraw pending I-485.
If you absolutely want to do everything from scratch, yes you can withdraw your application. But its not a requirement to restart the clock until you have to.
3. Will it be termed as denied I-485 and create problems if I apply new I-485 with new employer?
No issues on your next 485 filing.
Any response will be appreciated.
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rajsenthil
10-20 03:27 PM
I was in Indian consulate for renewing the passport. I went there on time and there was a pathetic guy at the entrance who refuse to speak other than hindi. Though I told him that I do not understand hindi, he never listen to that and started his conversation with hindi.
Then comes the worst part. A cab driver went to him and handed over some dollar note and got the token. Then the driver handed over the token to the passenger and left. That guy got into the line well before me and got his work done. @#$K those people.
Then comes the worst part. A cab driver went to him and handed over some dollar note and got the token. Then the driver handed over the token to the passenger and left. That guy got into the line well before me and got his work done. @#$K those people.
ash0210
11-08 09:37 AM
In Ohio, after 16 years Dems - Mr Strickland is elected. Wondering whether he is pro immigration or not.
I looked at his website, he do talks about Child welfare, Create schools that work for every child, creating jobs and further he says - "skills for high-quality jobs" and "create/attract jobs worthy of Ohio workers ".
Does it really mean he is "Pro- Immigration"? and whether its advisbile to contact him or its "TOO Early" to contact conressmans in your area?
Bit confused..needs decide our strategy...Does IV core team & Team members will help every individual on this "sensitive" issue?
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
I looked at his website, he do talks about Child welfare, Create schools that work for every child, creating jobs and further he says - "skills for high-quality jobs" and "create/attract jobs worthy of Ohio workers ".
Does it really mean he is "Pro- Immigration"? and whether its advisbile to contact him or its "TOO Early" to contact conressmans in your area?
Bit confused..needs decide our strategy...Does IV core team & Team members will help every individual on this "sensitive" issue?
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
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eb3India
06-09 09:44 AM
I am not sure why we are still behind this bill and wasting our money and resources,
everyone here needs to realize we don't need to sweeping legislative reform to address our concern, all we need few guidelines to impliment current law in more sensible way,
we simply don't have resources/strenght to address this issue letz not fool ourself anymore and letz put our moeny where mouth is
everyone here needs to realize we don't need to sweeping legislative reform to address our concern, all we need few guidelines to impliment current law in more sensible way,
we simply don't have resources/strenght to address this issue letz not fool ourself anymore and letz put our moeny where mouth is
more...
Regal22
07-21 07:54 AM
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let�s get IV�s attention and support in this area. Let�s talk to AILA. Let�s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let�s write to media personnel. Let�s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let�s get IV�s attention and support in this area. Let�s talk to AILA. Let�s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let�s write to media personnel. Let�s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
logiclife
03-05 11:14 AM
Guys, let me say something here.
$5000 for one query is not an unfair amount of money. The reason I say this is because I know a thing or two about writing quality queries, I have done that for the last 6 years of my 9 year career querying the heck out of Oracle CRM.
It does take time to write queries and the time it takes depends on how many pieces of information you want to bring together. The wider your spreadsheet is for the final output, the more islands of data need to be connected to fetch that output. Those who are familiar with SQL would know that I am talking about going thru potentially 20-25 tables and joining them to get data. This is probably not going to be a select * from 485_cases kind of query. If it takes 100 hours of time to write such a query, at $50 per hour of programming time, it could be 5000. Most likely it may be fewer hours if they have a programmer with knowledge on staff.
The problem here is not 5000 dollars. The problem here is that the situation is hopeless because they dont assign country of chargeability to pending 485 cases up until they are ready to approve them, if I read it correctly. The data that is not captured is the data that cannot be queried, simple as that.
And on that note, thanks to "Needhelp!" for shining some light on USCIS process thru her FOIA.
$5000 for one query is not an unfair amount of money. The reason I say this is because I know a thing or two about writing quality queries, I have done that for the last 6 years of my 9 year career querying the heck out of Oracle CRM.
It does take time to write queries and the time it takes depends on how many pieces of information you want to bring together. The wider your spreadsheet is for the final output, the more islands of data need to be connected to fetch that output. Those who are familiar with SQL would know that I am talking about going thru potentially 20-25 tables and joining them to get data. This is probably not going to be a select * from 485_cases kind of query. If it takes 100 hours of time to write such a query, at $50 per hour of programming time, it could be 5000. Most likely it may be fewer hours if they have a programmer with knowledge on staff.
The problem here is not 5000 dollars. The problem here is that the situation is hopeless because they dont assign country of chargeability to pending 485 cases up until they are ready to approve them, if I read it correctly. The data that is not captured is the data that cannot be queried, simple as that.
And on that note, thanks to "Needhelp!" for shining some light on USCIS process thru her FOIA.
more...
pitha
02-12 05:58 PM
Thanks for sticking with IV!!!. Its a bit ironic that you decided to contribute to IV only after 485 measure failed, which you were opposing. I agree with your message of unity, but that should hold good at all times, irrespective of whether you agree and do not agree with IV. People holding off contributions, heckling IV, questioning IV rationale when they don�t agree with IV is outright selfish and should be avoided at all times.
Couple of days back, I do differed with IV objective to persue only filing of I-485 by Feb 15. Also, one gentleman from this forum asked me to quit IV...
I am of the opinion that "Difference of opinion" to achieve goal is OK but not to loose UNITY...
I did not quit IV but today contributed IV because I beleive IV is fighting for Immigration issues/cause..
Amen...!!
Couple of days back, I do differed with IV objective to persue only filing of I-485 by Feb 15. Also, one gentleman from this forum asked me to quit IV...
I am of the opinion that "Difference of opinion" to achieve goal is OK but not to loose UNITY...
I did not quit IV but today contributed IV because I beleive IV is fighting for Immigration issues/cause..
Amen...!!
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perm2gc
11-07 11:11 PM
Democrats have always been immigrants freindly..Let us hope they remain same...
more...
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srkamath
07-17 07:28 PM
I was also told that there is new law which requires that the PERM fees should be paid by the employer (around 5-6k). Most desi consultancies used to ask the employees to pony up the labor fees. wonder how this will affect the conversion process.
It is ILLEGAL for the foreign applicant to pay for the PERM fees or the I-140 fees or lawyer expenses pertaining to either steps. The Employer MUST bear all expenses for this process. If you have evidence of wrongdoing, pls report it to DOL.
We should not be supportive of such violations of law - as a group it is not in our best interests.
The foreign applicant may pay all I-485 related expenses - or a generous employer can cover those expenses too.
It is ILLEGAL for the foreign applicant to pay for the PERM fees or the I-140 fees or lawyer expenses pertaining to either steps. The Employer MUST bear all expenses for this process. If you have evidence of wrongdoing, pls report it to DOL.
We should not be supportive of such violations of law - as a group it is not in our best interests.
The foreign applicant may pay all I-485 related expenses - or a generous employer can cover those expenses too.
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buehler
07-21 09:13 AM
I am still not clear on what basis you can sue DOL? Is there any law that states that DOL should use FIFO or promises to process the labor within a certain number of days. Don't get me wrong. My case was also stuck in BEC for a long time so I can understand where you are coming from but still there seems to very little chance of winning this lawsuit. In fact it might even be tough to get any lawyer to take up this case.
more...
kshitijnt
06-24 12:15 PM
The staffer immediately asked me if I was calling about Lofgren bills.
She noted my name and number and asked me if I had contacted my local congressman as well. And then she said she will pass on the message.
She noted my name and number and asked me if I had contacted my local congressman as well. And then she said she will pass on the message.
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test101
07-06 07:24 PM
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!
sorry again about your news.
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!
sorry again about your news.
more...
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go_guy123
02-11 02:11 PM
They have to abolish the H1B programme completely since they can no longer prevent its abuse. They need to have a new process in place in which scrutiny occurs for each application of a foreign worker!
Actually abolishing the whole H1B thing is theonly way. Actually IV should actively start lobbying against any H1B increase. Then only there is a chance of of corp america supporting any GC reform.
IV should work on highlighting the H1B abuse that is going on, in the media
so that the whole H1B will become so radioactive they will be forced to scale down or reform the H1B.
H1B visa is the main reason for EB problems.
Actually abolishing the whole H1B thing is theonly way. Actually IV should actively start lobbying against any H1B increase. Then only there is a chance of of corp america supporting any GC reform.
IV should work on highlighting the H1B abuse that is going on, in the media
so that the whole H1B will become so radioactive they will be forced to scale down or reform the H1B.
H1B visa is the main reason for EB problems.
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hebbar77
04-10 02:16 AM
oh ya, so you have a problem with donor status? Why don't you start with your cable company and ask them why do they charge you any money? Why don't you ask the gas station, that why do they charge you for the gas? Why don't you argue with the cashier at Walmart about the bill you have to pay if you want something? Its easy to be dismissive of others. Its even easier to fault others and argue that just because no one shared the information, so I have license to throw stones at others. But being an Eb2 highly skilled humanity savior personality that you are, why do you need a 3rd class Eb3 programmer to show you that it cost money to get things done. Why can't you see that in last 8 months this nation was going under a presidential election and nothing got done on any issue, other than bailouts and budget? Why can't you see that nothing has happened in the Congress on immigration for any other group? Why can't an highly skilled highly educated chanakya of this planet not see that it is ok for everyone to praise some immigration lawyers who are known to deliberately delay green card application, but its not ok to ridicule someone sincerely working to fix my issue? Why is it ok for me to track my application all day and not complain even once when some tracker website is asking for money to have my question from a lawyer, but will not leave any stone unturned to put the "burden of proof" of innocence on someone sincerely working to stand-up for me because I am too coward to stand-up for myself?
Let me help you understand it because it will be too much for your eb2 species brain to understand. Simple answer - You cannot see past the things that you cannot understand. Just go and ask Walmart cashier as to why he/she is charging you money for the things you want? Maybe that will help.
.
reading above posts it reminds me what I read :
Lot of junk sold in US...
People have gotten used to buying things that have no value. Wherever donation boxes are putup or beggers stand , people put money. Come on one does not need to pay because a other guy is asking.
So its upto the individuals to donate. Personally I dont feel one can do much to accelerate the GC process. If you read the history you can comeup with a list of things that changed the way things got done in US!!
Have a good one guys.
Let me help you understand it because it will be too much for your eb2 species brain to understand. Simple answer - You cannot see past the things that you cannot understand. Just go and ask Walmart cashier as to why he/she is charging you money for the things you want? Maybe that will help.
.
reading above posts it reminds me what I read :
Lot of junk sold in US...
People have gotten used to buying things that have no value. Wherever donation boxes are putup or beggers stand , people put money. Come on one does not need to pay because a other guy is asking.
So its upto the individuals to donate. Personally I dont feel one can do much to accelerate the GC process. If you read the history you can comeup with a list of things that changed the way things got done in US!!
Have a good one guys.
more...
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mpadapa
02-20 09:20 PM
Couple of my friends mailed the letters. Takes my count to 9
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pappu
01-13 01:57 PM
desi9333 thanks for the link. Nice one - even though it covers only Hiring practices, and not opportunities for promotions and progression.
The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.
Its my view and others can differ. I respect all opinions and am thankful to all because it helps improve my reasoning, mutual respect and tolerance abilities.
Back to the subject,
My earlier post on first page this thread has some action items - can anyone here take the lead and convince an attorney to take up the cause?
My cheque shall be sent as soon as the ball gets rolling.
The aim is not to convince an attorney. You can file a lawsuit for any reason and fight it. But the question is - Is the case strong enough?
In this case the case is not strong. IV has access to best attorneys and we have had discussions on this as well. The best way to change country limits discrimination is by changing the law.
The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.
Its my view and others can differ. I respect all opinions and am thankful to all because it helps improve my reasoning, mutual respect and tolerance abilities.
Back to the subject,
My earlier post on first page this thread has some action items - can anyone here take the lead and convince an attorney to take up the cause?
My cheque shall be sent as soon as the ball gets rolling.
The aim is not to convince an attorney. You can file a lawsuit for any reason and fight it. But the question is - Is the case strong enough?
In this case the case is not strong. IV has access to best attorneys and we have had discussions on this as well. The best way to change country limits discrimination is by changing the law.
more...
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kumarc123
07-01 12:46 PM
Hello there,
I called it took me less than 5 minutes. I expressed my concern and the lady on the phone said she will pass on the message. However the Rep at present has not made any stand. Guys come on make some calls.
To the administrator and the to the Senior members, an idea came to my mid in order to galvanize some lazy members to work with us, can we restrict their entries to this website? Maybe keep something like, access will be granted only if a certain criteria is fulfilled.
It is a shame for all the Indians who are stuck and waiting for others to help them through this, my suggestion either work with everyone on this, or simply just go back to India, where they system is even more corrupted.
Last but not the least, people here are not wasting their time, neither unemployed, but they want to stand a fight for what's right and what's wrong.
I thought coming from India, will make us all stand united, but some people just don't care neither act but complain to god for their grievances.
Guys get up, move, help us out, we all need each other on this. Revolution can only bring a change---- not the wait and not the complaint.
I called it took me less than 5 minutes. I expressed my concern and the lady on the phone said she will pass on the message. However the Rep at present has not made any stand. Guys come on make some calls.
To the administrator and the to the Senior members, an idea came to my mid in order to galvanize some lazy members to work with us, can we restrict their entries to this website? Maybe keep something like, access will be granted only if a certain criteria is fulfilled.
It is a shame for all the Indians who are stuck and waiting for others to help them through this, my suggestion either work with everyone on this, or simply just go back to India, where they system is even more corrupted.
Last but not the least, people here are not wasting their time, neither unemployed, but they want to stand a fight for what's right and what's wrong.
I thought coming from India, will make us all stand united, but some people just don't care neither act but complain to god for their grievances.
Guys get up, move, help us out, we all need each other on this. Revolution can only bring a change---- not the wait and not the complaint.
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gkebiz
01-14 05:46 PM
DEAR ALL,
I was invited to post directly to the President-elect on his site change-gov and you can see my post here...
http://citizensbriefingbook.change.g...Pos=0&srKp=087
I request you publicize this as much as possible through your FORUM and ask them to VOTE UP on this issue on the Presidents site so that this is taken as a charter and presented to the President.
The complete text of the article under the TITLE: IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK is posted below for your immediate reference:
"The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
Well said Sir, and now as President-elect, we hope to see some action on above.
This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.
Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....
Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.
Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.
Good for the Community & Social standing of Women:
To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.
Way Forward:
You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.
As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.
When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!
I was invited to post directly to the President-elect on his site change-gov and you can see my post here...
http://citizensbriefingbook.change.g...Pos=0&srKp=087
I request you publicize this as much as possible through your FORUM and ask them to VOTE UP on this issue on the Presidents site so that this is taken as a charter and presented to the President.
The complete text of the article under the TITLE: IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK is posted below for your immediate reference:
"The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
Well said Sir, and now as President-elect, we hope to see some action on above.
This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.
Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....
Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.
Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.
Good for the Community & Social standing of Women:
To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.
Way Forward:
You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.
As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.
When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!
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PlainSpeak
03-29 08:50 AM
There that should make all the EB2 guys Happy
485_se_dukhi
09-19 07:09 PM
Very educational and informative!!
Macaca
09-21 07:08 PM
I didnt attend the rally because I thought there isnt much that would come out of it. The expense was too much to fly from CA. However, if it was in the BA I would have gone ...
We must not,
in trying to think about
how we can make a big difference,
ignore the small daily differences
we can make which,
over time,
add up to big differences that
we often cannot foresee
Marian Wright Edelman
We must not,
in trying to think about
how we can make a big difference,
ignore the small daily differences
we can make which,
over time,
add up to big differences that
we often cannot foresee
Marian Wright Edelman
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