uimv
03-15 01:55 PM
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
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WaitingForMyGC
09-26 11:16 AM
Congratulations..would you change ur IV handle now to GC_ROCKS or something :-)
rolrblade
07-20 01:29 PM
My attorney said e-notice is fine and applied.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
read carefully to what Superdude wrote...... your answre is in there.
To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
read carefully to what Superdude wrote...... your answre is in there.
To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.
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buptlsp
09-19 09:49 PM
Nope, it's from NSC
Congrats Buddy.....Was your I140 approved from TSC?
Congrats Buddy.....Was your I140 approved from TSC?
more...
fide_champ
03-21 11:26 AM
Please see below for my answers..
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
jliechty
February 1st, 2004, 10:05 PM
Composition has been defined as "the strongest way of seeing" (IIRC, that's from Edward Weston, but I'm probably getting my photographers and quotations mixed up here). There are different ways to see the same thing. Flowers are a frequently-photographed object, and sometimes it can be hard to find a unique way to portray them. I'm not a terribly experienced photographer, and I don't really want to give any "rules" to follow to get a "good" picture, but here are a few guidelines you might consider as you get started:
Try to avoid a "busy" appearance, with too many subjects competing for attention (In my personal, humble, opinion, your picture has many clusters of flowers, and it's difficult to tell what exactly is the focus of the image).
Pay attention to what's in the background; go for contrast of brightness, color, or both. A low-angle shot, looking up at a medium blue flower against a blue sky, would probably not be the most visually stunning picture one could compose.
The "rule of thirds" is a good guideline for those of us (including myself) who haven't figured out when's a good time to break it and when's not. Imagine two horizontal lines and two vertical lines, dividing the picture into three equal segments horizontally and vertically. Near any one of the intersections of these lines is generally considered a visually strong point to place an important element of your composition.
For some subjects (flowers in particular), a shallow depth of field is recommended, as it helps lower the distractiveness of elements in the background. I think that in the shot you've posted here, opening up the aperture (setting a lower f-stop number) would have decreased the impact of the background flowers, and drawn more attention to the foreground one.
Oh, and feel free to experiment with all sorts of combinations. In my experience, the standard "looking down" angle of flower shot is less visually appealing, because that's the way we generally look at flowers when we are walking through the garden in our backyard (this is a simple property of physics, since most flowers tend to have considerably less height than the average human being ;)). Try out different angles and zoom settings to see what you find appealing (wide, or short focal length, to show more background behind the flower and give a longer depth of field - or far, a long focal length, to "compress" the background and provide a shorter depth of field to isolate the subject from its surroundings).
I'm sure other more experienced members will be able to do better (and probably already have, in the time I took to type up this verbose post), but perhaps this will give you something to think about while you wait for a better answer. :)
Edit: I realize that I made a few negative comments about your picture, without really saying anything positive. For one, I like the contrast of the flowers against the leaves behind them, and I think with a little Photoshop work this could be made even a little more striking. Let's not get lost in all the "rules" and "guidelines" and forget that this subject has lots of potential. I think with a slight change in angle, framing, and DOF, you'd be able to change a picture that may be mediocre to one that is very stunning.
Oh, and another suggestion that can be good for adding just a bit more interest to flowers is to photograph them when they have water droplets on them. Watering or misting the flowers just before you're ready to shoot can be a way to "supply" the drops if they are missing during the time of day when you feel that the lighting is at its best. :D
Try to avoid a "busy" appearance, with too many subjects competing for attention (In my personal, humble, opinion, your picture has many clusters of flowers, and it's difficult to tell what exactly is the focus of the image).
Pay attention to what's in the background; go for contrast of brightness, color, or both. A low-angle shot, looking up at a medium blue flower against a blue sky, would probably not be the most visually stunning picture one could compose.
The "rule of thirds" is a good guideline for those of us (including myself) who haven't figured out when's a good time to break it and when's not. Imagine two horizontal lines and two vertical lines, dividing the picture into three equal segments horizontally and vertically. Near any one of the intersections of these lines is generally considered a visually strong point to place an important element of your composition.
For some subjects (flowers in particular), a shallow depth of field is recommended, as it helps lower the distractiveness of elements in the background. I think that in the shot you've posted here, opening up the aperture (setting a lower f-stop number) would have decreased the impact of the background flowers, and drawn more attention to the foreground one.
Oh, and feel free to experiment with all sorts of combinations. In my experience, the standard "looking down" angle of flower shot is less visually appealing, because that's the way we generally look at flowers when we are walking through the garden in our backyard (this is a simple property of physics, since most flowers tend to have considerably less height than the average human being ;)). Try out different angles and zoom settings to see what you find appealing (wide, or short focal length, to show more background behind the flower and give a longer depth of field - or far, a long focal length, to "compress" the background and provide a shorter depth of field to isolate the subject from its surroundings).
I'm sure other more experienced members will be able to do better (and probably already have, in the time I took to type up this verbose post), but perhaps this will give you something to think about while you wait for a better answer. :)
Edit: I realize that I made a few negative comments about your picture, without really saying anything positive. For one, I like the contrast of the flowers against the leaves behind them, and I think with a little Photoshop work this could be made even a little more striking. Let's not get lost in all the "rules" and "guidelines" and forget that this subject has lots of potential. I think with a slight change in angle, framing, and DOF, you'd be able to change a picture that may be mediocre to one that is very stunning.
Oh, and another suggestion that can be good for adding just a bit more interest to flowers is to photograph them when they have water droplets on them. Watering or misting the flowers just before you're ready to shoot can be a way to "supply" the drops if they are missing during the time of day when you feel that the lighting is at its best. :D
more...
atul555
09-02 02:17 PM
Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
Which is correct ???
You are stealing/swallowing your words ??? !!!!!!!!!!!!!!
SEE YOUR PREVIOUS THREAD.
http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html
I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
The OP needs some advice irrespective of how he got to this situation.
Which is correct ???
You are stealing/swallowing your words ??? !!!!!!!!!!!!!!
SEE YOUR PREVIOUS THREAD.
http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html
I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
The OP needs some advice irrespective of how he got to this situation.
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WaitingYaar
01-18 08:44 PM
I was under the impression the target is all cases to be cleared within 6 months.
more...
sunny1000
02-02 09:33 AM
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
If I were you, I would still renew the AP and keep it handy as your PD is still a couple of years away before becoming current. There will be no issues with a new AP pending as long as you have an approved AP in hand for the travel.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
If I were you, I would still renew the AP and keep it handy as your PD is still a couple of years away before becoming current. There will be no issues with a new AP pending as long as you have an approved AP in hand for the travel.
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ps57002
09-30 08:37 AM
My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
more...
mrsahaayam
09-02 03:36 PM
If YOU want to reply just reply else DONT bulls***. Don't care abt other threads or posts. I know you guys are ready for pointing you nasty fingers at some one, maniacs
Thanks for wasting your valuable time for posting nothing :mad:
Thanks for wasting your valuable time for posting nothing :mad:
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vivache
11-06 09:52 PM
Ok .. let me give you the math before getting to the question: )
Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
140 k GC numbers every year
85% available for folks in US, which is 199k
Out of these 119 k visas available, 40k are Eb3 category ..
10% for country .. so India's numbers should be 4000 a year
There are 14000 Eb3 visas before mine
Out of these 4750 are from India
So maybe I get the GC in 1 year 2 months?
Starting from? next Oct 10, meaning GC in Dec 11?
7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?
What is confusing is this?
As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?
Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
140 k GC numbers every year
85% available for folks in US, which is 199k
Out of these 119 k visas available, 40k are Eb3 category ..
10% for country .. so India's numbers should be 4000 a year
There are 14000 Eb3 visas before mine
Out of these 4750 are from India
So maybe I get the GC in 1 year 2 months?
Starting from? next Oct 10, meaning GC in Dec 11?
7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?
What is confusing is this?
As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?
more...
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lecter
December 21st, 2007, 06:35 AM
Interesting post.
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
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sk.aggarwal
11-02 06:08 AM
Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.
more...
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eb3_nepa
08-14 04:16 PM
never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p
Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p
Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!
Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)
Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p
Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!
Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)
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loveiv
06-06 12:24 PM
Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Good job.
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Good job.
more...
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Tantra
07-13 08:39 AM
and not just 15k.. come join us.
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plassey
08-17 03:47 PM
I think you are screwed for next several years. And I can bet on it from experience.
Hello everyone,
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
Hello everyone,
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
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laborpains
12-09 03:35 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
eb2_mumbai
10-28 09:37 AM
Labor + 140 if complted without any RFE would take least 8 - 12 months. But considering today's conditions that is highly unlikely so ballpark figure would be 15 - 18 months. Also if it gets rejected for any reason lawyer mistakes or A2P or education etc then it would be waste of time and resources.
senthil1
09-12 11:29 AM
There is no doubt Obama admin is trying selective protectionist measures not only in immigration but also in trade.
The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)
Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)
Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
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