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  1. Kamakazee

    Kamakazee Super Moderator

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    They have stopped sponsoring H1Bs. I see many engineering firms have job posting saying specifically "we do not sponsor work visa or GCs". That does not mean they will not hire Indians - it's just that most Indians require a sponsoring company.
     
  2. cuckoo

    cuckoo Super Moderator

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    I think a I140 EAD/AP and portability would go a long way in cleaning up the H1/EB immigration based fraud and misrepresentations.
    1. A single PERM/I140 approval would in most cases get employees EAD/AP, and hence, out of the endless H1B renewals, transfers, amendments for location change and what not; benching and related issues for both employer/employee; layoff/jobloss related near term anxiety and uncertainty; visa stamping related shenanigans; refiling of PERM and I-140 with every job switch; PERM audit related nightmares. We all know how many shades of fraud and misrepresentations arise out of the above listed issues the messed up system generate. They will all disappear. If you have an offer of employment in the same or similar field, or can generate that work yourself, you are pretty much free and clear of all of the crap that the H1B/PERM machinery throws at you, the backlogged Indian/Chinese H1B employee.
    2. India based consulting firms have moved from EB2 to EB1C as a way to retain their employees because of the recent backlogs and we can all see how that is increasing the backlogs even more for those who cannot game the system (do not have unscrupulous multinational employers). Faced with filing endless H1Bs/Perm/I-140s not to mention H1B lottery for those on L1 v. going the EB1C route is easier for the employer with whatever needs to be done (including posting the employee for 1 year abroad, getting them back for half of that time on a B2, finding temporary reportees, real or fictional for them). And it works like a charm. All USCIS looks for in EB1C is if there are "reportees" for the "managers." A lot of the incentive to go the crooked way would be gone if employees can switch to EAD/AP. Yes,they will need to file PERM once but then it is probably just as onerous as sending the employee away to another country office for an year and telling the USCIS a whole bunch of half-truths.

    So, yes, the I140 EAD/AP and portability may not be as good as adding more visa numbers but it could be a powerful tool to reduce fraud from employment based immigration system and provide relief to both employers and employees (the ones with at least some scruples). Now, if only the USCIS would get off its ass and make it happen.
     
    Last edited: Aug 20, 2015
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  3. Legal Immigrant

    Legal Immigrant Banned

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    "Legal discrimination" .. lol, you almost got it, Ron.
     
  4. Mayur

    Mayur Well-Known Member

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    Unfortunately the more powerful it is , the more the powerful people will oppose.
     
  5. s_gan

    s_gan Super Moderator

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    I strongly disagree. Your prediction is too optimistic. I actually see the opposite happening. With I-140 EADs fraud will be institutionalized and legalized. The agencies have not done anything to prevent fraud and they are not interested it either. What has the USCIS done till today identify people who commit paystub fraud ?

    If I-140 comes into force , a guy without a job can stay in the US legally for a longer period of time and can do any job. All he needs to do is get a job in the relevant field at the time of his PD going current. Again, this can be faked.
     
  6. cuckoo

    cuckoo Super Moderator

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    Okay, let's get one thing right first - what is acceptable under the law is not fraud. So, if the I140 beneficiary "gets a job in the relevant field at the time of his PD going current", it is not fraud as long as it is not fake.
    Second, why do you think I 140 beneficiaries should be held to a higher and more restrictive standard than those who have filed their I-485?
    Why should EB2 I/C be restricted to certain standards forever (10+ years in a lifetime is pretty much forever) when everyone else isn't?
    Why is it fair to keep Indian and Chinese employees beholden to each fortnightly paycheck for 10 or 20 years, else they are frauds or out of status when no else needs to be except for a couple of years?
    I understand that that is the law at present but this rule will change that, and rightly so. Just that if we ourselves believe that such restrictions are proper and fair, it is no wonder that no one else has a motivation to change that. Any law that is overly onerous and restrictive is likely to be violated more than the one that is reasonable. How many of us have not violated the speed limits posted in our neighborhood or on the highways, especially when those limits change every few hundred feet? If we are prejudiced against ourselves and our own kind, no one can help us. If we want to always get past the gate and close it on those behind us,we are no better than the Grassleys, Sessions, and Trumps. Just my two cents.
     
    Last edited: Aug 20, 2015
  7. Legal Immigrant

    Legal Immigrant Banned

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    It's not 2 cents, my friend. It is million dollar post.
     
  8. s_gan

    s_gan Super Moderator

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    Precisely the reason why I said what is considered fraud today would be legalized when I-140 EAD in established. Every reform whether administrative or not has only complicated the system further because none of them have addressed the three basic issues (backlog due to inefficiencies and outdated systems, changes in the skill set in value chain, fairness)

    Moreover, it is only EB2/3I that is backlogged heavily. Chinese wait times are at a tolerable levels. This is because of the laws are deficient and outdated. Many skillsets and job roles that qualify for EB2 have lost their value in the value chain but DOL has not updated them.

    Let me clarify, I am not saying today's restrictions are fair but only stating that any band-aid fix without proper application of mind will only make things worse.

    For ex:

    1. 20K Master quota increase without corresponding increase to GC.
    2. Increase to OPT period has only enabled many without H1B to get GCs directly.

    Can you imagine what is going to happen when all L1Bs get I-140 EADs ? Currently many of them are forced to leave after 5 years.

    IMHO, I-140 EAD gives more room and time for fraudsters to cleanup their records.
     
    Last edited: Aug 21, 2015
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  9. mar212011

    mar212011 Well Regarded Member

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    There is misuse with any rule to an extent. But i dont know why are we bringing up misuse before that rule even got published ( not event draft yet) only to give boost to those who want to block it anyway ?
    It will benefit 100k or more genuine people waiting in line , there maybe some x % who someone thinks fraud or someone else's terminology its a loophole
     
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  10. agulv

    agulv Guru

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    140 EAD is for LPR majority H1.i recommend we should nail down areas of exploitation and put it in the comments so this rule gets bullet proof. I m sure the administration will appreciate it.
     
  11. Senram

    Senram Member

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    The problem is no one in congress understand the real issue even Obama. Just they were informed by lobbyists that there is a shortage of workers and backlog issues. So trying to put bandage without thinking of the impact. So fraud and abuse will continue unless they check all the process. Now there is some check only for H1b but no check for L1 and OPT. So persons have workaround even H1b cap is reached
     
  12. smartboy

    smartboy Senior Member

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    You hit the nail on the head.. I dont have issues if they want to make H-1/L-1 quotas infinite, but it has to go hand-in-hand with EB quota. One cannot go on making H-1/others a bottomless pit and not touch EB at all. Simply insane..

    either that or set country caps on L-1/H-1/F-1/J-1 and include dependants into H-1/L-1/F-1/J-1 quotas as well. so that the pipe is 'thick' uniformly -- from entry to LPR.
     
  13. ssm_nsk

    ssm_nsk Guest

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    I think you guys are missing an important point here - H1 is a non-immigrant visa. Administration does not expect / want people on H1 to become permanent citizens. The intent of H1 program is to serve short term skills gap.
    That is the reason you got to go through PERM, I140 to prove that your skills are needed by XYZ organization even after that 6 year period and hence you need GC.

    -----

     
    Last edited: Aug 21, 2015
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  14. Legal Immigrant

    Legal Immigrant Banned

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    H1 is dual intent, my friend.
     
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  15. Kamakazee

    Kamakazee Super Moderator

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    Yes but the problem is - even after people have gone through PERM and I-140 and have already proven that their skills are needed by XYZ organization and that they are being paid prevailing wages and that the company has tried to get US workers, they are still made to wait based on country of birth. Why? If the above requirements are fulfilled, it should simply be FIFO.
     
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  16. Legal Immigrant

    Legal Immigrant Banned

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    "Can you imagine what is going to happen when all L1Bs get I-140 EADs ? Currently many of them are forced to leave after 5 years."

    Who said I-140 EAD is for L1??
     
  17. Legal Immigrant

    Legal Immigrant Banned

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    Agree.
     
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  18. cuckoo

    cuckoo Super Moderator

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    When you say fraudsters would be legalized and will get an opportunity to clean up their records, you obviously are supporting and justifying the laws and restrictive rules that led to the alleged fraud in the first place. If the rules were not so unreasonable and unfair there would have been no reason to commit the alleged fraud. So yes, you are implicitly finding the unending and unreasonable requirements imposed on backlogged EB applicants to be fair. You think it is fair and just that L1B employees are forced to leave under the present dispensation. I would suggest that no one in their right mind would have motivation to stay here if they do not have a reasonably well paying job, which obviously requires their educational qualifications and experience. To expect that anyone in the current economy would never face rough patches despite their qualifications in 10 or 20 years is simply unrealistic. The laws and rules for H1b and eb never contemplated the kind of wait periods that have become routine now.
    Eventually, I would just quote Kabir for this kind of unforgiving and holier than thou attitude:
    Kabir Dohas

    Bura Jo Dekhan Main Chala, Bura Naa Milya Koye
    Jo Munn Khoja Apnaa, To Mujhse Bura Naa Koye

    Translation
    I searched for the crooked, met not a single one
    When searched myself, "I" found the crooked one

    http://www.boloji.com/index.cfm?md=Mobile&sd=DohaDetails&DohaID=2
     
    Last edited: Aug 21, 2015
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  19. cuckoo

    cuckoo Super Moderator

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    As long as people are more obsessed with blocking someone else and their actions rather than what might make their lives easier they will shoot themselves in the foot by seeing problems of potential abuse by others rather than the fact that it would help them.
     
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  20. smartboy

    smartboy Senior Member

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    in that scenario, the only way it would be possibile is for the prospective employee to be out of the country until such time (s)he is approved of 485 (since he needs a visa to enter this country?)
     

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