widad2020
07-14 11:12 AM
not necessarily.Level III can also be EB2.
http://www.hooyou.com/news/news080406perm.html
Current Developments on Prevailing Wage Determination
Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
http://www.hooyou.com/news/news080406perm.html
Current Developments on Prevailing Wage Determination
Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
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arunmohan
03-15 02:48 AM
Group:
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
EBX-Man
03-28 02:08 PM
ahhh now clear my frined eb2 he get greeen card now in last year. he spillover use good i am happy. now i get green card in a few years awway
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indianindian2006
07-03 08:35 PM
The SKIL bill was introduced in the Senate in May by Senator John
Cornyn (R-
TX) and was subsequently incorporated into the Comprehensive
Immigration Act
of 2006. We discussed its effects on the H-1B and EB categories in the
June
2006 issue of SHUSTERMAN'S IMMIGRATION UPDATE. See
http://shusterman.com/toc-siu.html
Although the legalization and guest worker provisions of the Senate
bill
have been written off by many pundits, we believe that there is an
excellent
chance that some version of the SKIL bill will be enacted into law
before the
end of 2006.
Cornyn (R-
TX) and was subsequently incorporated into the Comprehensive
Immigration Act
of 2006. We discussed its effects on the H-1B and EB categories in the
June
2006 issue of SHUSTERMAN'S IMMIGRATION UPDATE. See
http://shusterman.com/toc-siu.html
Although the legalization and guest worker provisions of the Senate
bill
have been written off by many pundits, we believe that there is an
excellent
chance that some version of the SKIL bill will be enacted into law
before the
end of 2006.
more...
dpp
07-21 09:12 AM
Yes, you are right. It shouldn't take years to make a decision even if it is complicated. I think they may be not working on those cases at all. That may be the reason, they didn't comeup with any decision. It will be good if DOL gives the operating procedures and comeup with fair action on what they are really doing.
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
furiouspride
07-22 11:27 AM
Again its personal choice, desire and necessity.
"Exactly because of these rude attitude of Hindi People I never speak hindi."
This is the choice you're talking about? :D
"Exactly because of these rude attitude of Hindi People I never speak hindi."
This is the choice you're talking about? :D
more...
walking_dude
09-21 08:42 AM
If you seek "hidden" messages, you'll find them everywhere, including Leonardo DaVincis MonaLisa ( like in 'Da Vinci Code'). Are you a mind reader? How can you tell what's in my mind? You barely know me! So please don't jump to conclusions.
Make no mistakes, I would like to change the course of events. Otherwise I wouldn't be here, and I wouldn't have walked those two miles in DC with the rest of my brethren! I just don't know how as I am new to this game - building an organization from the ground up, motivating people [ without losing my temper over shameless taunts and lame excuses ], inspiring people to raise their voices against injustice etc. I'm not exactly a leader material like Aman Kapoor.
If it gives you any satisfaction - yes, I do blame myself as much as I blame others for the sorry state of my state chapter. If you read my previous post you'll see that I've used "we" (i.e. includes me) and not "you" or "them". Hope this makes things clearer to you.
I read and understood the whole paragraph with both "published" and "Hidden" messages what you wanted to convey. If you do not see much activity on your state forums, why do not you take the lead to reverse the course? That would be the right direction rather than suggesting to change the skeleton. Do you blame yourself (Since you are claiming yourself a member)for not having much activity in your state level? If not then problem lies there and that is my hint to you.
Make no mistakes, I would like to change the course of events. Otherwise I wouldn't be here, and I wouldn't have walked those two miles in DC with the rest of my brethren! I just don't know how as I am new to this game - building an organization from the ground up, motivating people [ without losing my temper over shameless taunts and lame excuses ], inspiring people to raise their voices against injustice etc. I'm not exactly a leader material like Aman Kapoor.
If it gives you any satisfaction - yes, I do blame myself as much as I blame others for the sorry state of my state chapter. If you read my previous post you'll see that I've used "we" (i.e. includes me) and not "you" or "them". Hope this makes things clearer to you.
I read and understood the whole paragraph with both "published" and "Hidden" messages what you wanted to convey. If you do not see much activity on your state forums, why do not you take the lead to reverse the course? That would be the right direction rather than suggesting to change the skeleton. Do you blame yourself (Since you are claiming yourself a member)for not having much activity in your state level? If not then problem lies there and that is my hint to you.
2010 my weaving hairstyles.
snathan
02-09 09:35 PM
Is english speaking required to qualify for EB2 ? who diminished the country image ? In our company Indians are highly regarded and yes most of us work for desi companies . Dont blame others just becasue your company dont sponsor in EB2.
Are you from different world. Yes it is necessary even to get the H1. Now I understand why the anti-immigrants are targetting us. Do you mean to say the English speaking people diminished this country. Can we replace all these guys with mullas. What are you trying to say..
Are you from different world. Yes it is necessary even to get the H1. Now I understand why the anti-immigrants are targetting us. Do you mean to say the English speaking people diminished this country. Can we replace all these guys with mullas. What are you trying to say..
more...
Green.Tech
07-22 11:39 AM
Not really. Every has the freedom to chose what they like or not. Exactly because of these rude attitude of Hindi People I never speak hindi.
No need to generalize my friend because it will not make sense if someone comes out and says that snathan belongs to this particular state in India, and because snathan is naive, all the people from that state are naive. Doesn't make sense, does it?
No need to generalize my friend because it will not make sense if someone comes out and says that snathan belongs to this particular state in India, and because snathan is naive, all the people from that state are naive. Doesn't make sense, does it?
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willIWill
06-10 04:40 PM
Guys many have missed an important part of the bulletin. The Family based section , where F2A has advanced to July 2008 and also the below quoted excerpt from Dos in the Visa bulletin.
What this means is that there are a lot more of the family based visas which may not be used before the FY end. These visas will be included in the next years EB visas(for all EB's including Eb3). For 2010 we got about 9-10K excess. For FY 2011 that number will be significant. Also look at the murthy article on the FB visa subject.
MurthyDotCom : CIS Ombudsman's Office Addresses Key Issues (http://www.murthy.com/news/n_ombkey.html)
-------------------------------------------------------------------------
D. VISA AVAILABILITY IN THE FAMILY-SPONSORED CATEGORIES
There continues to be extremely rapid forward movement of most Family preference cut-off dates. This is a direct result of the lack of demand by potential applicants who have chosen not to pursue final action on their cases, or who may no longer be eligible for status. The rapid movement provides the best opportunity to maximize number use under the FY-2010 annual numerical limitations. Should applicants eventually decide to pursue action on their cases it will have a significant impact on the cut-off dates.
-------------------------------------------------------------------------
What this means is that there are a lot more of the family based visas which may not be used before the FY end. These visas will be included in the next years EB visas(for all EB's including Eb3). For 2010 we got about 9-10K excess. For FY 2011 that number will be significant. Also look at the murthy article on the FB visa subject.
MurthyDotCom : CIS Ombudsman's Office Addresses Key Issues (http://www.murthy.com/news/n_ombkey.html)
-------------------------------------------------------------------------
D. VISA AVAILABILITY IN THE FAMILY-SPONSORED CATEGORIES
There continues to be extremely rapid forward movement of most Family preference cut-off dates. This is a direct result of the lack of demand by potential applicants who have chosen not to pursue final action on their cases, or who may no longer be eligible for status. The rapid movement provides the best opportunity to maximize number use under the FY-2010 annual numerical limitations. Should applicants eventually decide to pursue action on their cases it will have a significant impact on the cut-off dates.
-------------------------------------------------------------------------
more...
risker
07-20 05:43 PM
I accept what risker says.. I am also one of the people with PD 2003 and waiting for the backlog center to send my ad instructions and my friends & neighbours with PD 2005 have all filed I140 & I485 with current fees and expecting their EAD and AP soon. Where is justice? I am in. Common guys pls. join risker.
Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.
But we will need enough support to gather a critical mass and start things rolling in the right track.
So can we have a online form where everyone affected can sign in? How do we do that?
Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.
But we will need enough support to gather a critical mass and start things rolling in the right track.
So can we have a online form where everyone affected can sign in? How do we do that?
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Jaime
09-22 03:41 AM
and let's also focus on action pretty soon! Let's not get the iron cool!
more...
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chanduv23
09-12 11:28 PM
Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
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smehta1
06-19 09:53 PM
http://www.signonsandiego.com/news/politics/20070619-1542-cnsimmigration.html
By Jerry Kammer
COPLEY NEWS SERVICE
3:42 p.m. June 19, 2007
WASHINGTON � Carlsbad Rep. Brian Bilbray and other �anti-amnesty� House Republicans delivered a sharp warning Tuesday that compromise immigration legislation pending in the Senate faces raucous and determined opposition if it reaches the House.
�The way you stop illegal immigration is not to start by announcing that you're going to reward illegal immigration,� said Bilbray, chairman of the 107-member Immigration Reform Caucus.
Advertisement
The group, made up of 100 Republicans and seven Democrats, opposes the Senate and Bush administration proposal to legalize the nation's 12 million illegal immigrants as part of a broad package of immigration reforms.
The Senate recently debated and shelved the proposal but is moving toward a second round of debate. If the Senate passes it, attention then will shift to the House.
Last year, with Republicans controlling both sides of Capitol Hill, the House passed an enforcement-only bill while the Senate approved a sweeping legalization. With the two chambers moving in opposite directions, both bills died.
This year, Democrats control both the House and Senate. For that reason, it is unclear whether Bilbray and his largely Republican caucus would be able to defeat the legalization legislation again this year.
However, that didn't stop them from talking tough Tuesday in rejecting the latest gambit by proponents in the Senate to win over balky Republicans � a promise to spend $4.4 billion on border enforcement.
�Only in Washington would people believe that throwing money at the problem is going to solve it,� said Bilbray. �This is a blatant attempt by senators to extort votes so they can fast track an amnesty plan.�
�It's time to be resolute; it's time to show some backbone, and it's time to stop amnesty,� said Peter King, R-N.Y., who added that he would soon introduce enforcement-only legislation that would require a crackdown both at the border and at the workplace.
Bilbray claimed that public outrage against the Senate bill has stunned many Democrats, making them wary of supporting the Senate approach.
The Senate could take up the immigration bill late this week, beginning votes on a series of amendments expected to be presented by Republicans and Democrats. A final vote on the measure could come as soon as next week.
Senate passage would send the bill to the House, where it would go through a subcommittee that includes several outspoken critics of legalization.
Tamar Jacoby of the conservative Manhattan Institute, a proponent of legalization, said the fight in the House, if it occurs, �is going to be bitter. It's going to be hand-to-hand combat.�
By Jerry Kammer
COPLEY NEWS SERVICE
3:42 p.m. June 19, 2007
WASHINGTON � Carlsbad Rep. Brian Bilbray and other �anti-amnesty� House Republicans delivered a sharp warning Tuesday that compromise immigration legislation pending in the Senate faces raucous and determined opposition if it reaches the House.
�The way you stop illegal immigration is not to start by announcing that you're going to reward illegal immigration,� said Bilbray, chairman of the 107-member Immigration Reform Caucus.
Advertisement
The group, made up of 100 Republicans and seven Democrats, opposes the Senate and Bush administration proposal to legalize the nation's 12 million illegal immigrants as part of a broad package of immigration reforms.
The Senate recently debated and shelved the proposal but is moving toward a second round of debate. If the Senate passes it, attention then will shift to the House.
Last year, with Republicans controlling both sides of Capitol Hill, the House passed an enforcement-only bill while the Senate approved a sweeping legalization. With the two chambers moving in opposite directions, both bills died.
This year, Democrats control both the House and Senate. For that reason, it is unclear whether Bilbray and his largely Republican caucus would be able to defeat the legalization legislation again this year.
However, that didn't stop them from talking tough Tuesday in rejecting the latest gambit by proponents in the Senate to win over balky Republicans � a promise to spend $4.4 billion on border enforcement.
�Only in Washington would people believe that throwing money at the problem is going to solve it,� said Bilbray. �This is a blatant attempt by senators to extort votes so they can fast track an amnesty plan.�
�It's time to be resolute; it's time to show some backbone, and it's time to stop amnesty,� said Peter King, R-N.Y., who added that he would soon introduce enforcement-only legislation that would require a crackdown both at the border and at the workplace.
Bilbray claimed that public outrage against the Senate bill has stunned many Democrats, making them wary of supporting the Senate approach.
The Senate could take up the immigration bill late this week, beginning votes on a series of amendments expected to be presented by Republicans and Democrats. A final vote on the measure could come as soon as next week.
Senate passage would send the bill to the House, where it would go through a subcommittee that includes several outspoken critics of legalization.
Tamar Jacoby of the conservative Manhattan Institute, a proponent of legalization, said the fight in the House, if it occurs, �is going to be bitter. It's going to be hand-to-hand combat.�
more...
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gconmymind
04-25 06:30 PM
Once you have contributed, please post on the thread and we can know how much closer we are from our target. IV chapter leaders and Team IV members will run this thread and count the contributions
-Which Thread or how to post ?
I have singned up for $50 recurring contribution and willing to volunteer...
Thanks
I think once you have made your contribution, provide the details on this thread so IV can keep track of this funding drive..
-Which Thread or how to post ?
I have singned up for $50 recurring contribution and willing to volunteer...
Thanks
I think once you have made your contribution, provide the details on this thread so IV can keep track of this funding drive..
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rayoflight
05-20 08:54 PM
Thank You Ashwin
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Totoro
05-16 11:29 AM
Great work toro , the article was very good...
http://www.msnbc.msn.com/id/24567987/page/2/
So do we have any update on this, will it be possible to get SSN for H4 dependents?
So far things are looking good, but I have been instructed to not discuss any specifics until the lawyers have reviewed all the information. I should know more next week. I also received a call yesterday from a congressional office, but I was unavailable to take the call. We'll see what happens.
http://www.msnbc.msn.com/id/24567987/page/2/
So do we have any update on this, will it be possible to get SSN for H4 dependents?
So far things are looking good, but I have been instructed to not discuss any specifics until the lawyers have reviewed all the information. I should know more next week. I also received a call yesterday from a congressional office, but I was unavailable to take the call. We'll see what happens.
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sanan
07-24 01:42 PM
Albeit a little slow in returning phone calls, emails is very knowledgeable and a good lawyer. Their charges/rates are at least 1/3rd that of Murthy's
I would recommend him to any one http://www.kapoorlaw.com/
I would recommend him to any one http://www.kapoorlaw.com/
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pcs
07-06 09:02 AM
I had FREE company attorney but decided to file 485 etc. myself & it was so much better. You can easily do 140-485 etc yourself. Call me & I will tell you.
If at all use an attorney for PERM. In my situation, even that was screwed up & I had to do that myself.
It is high time, all of us capable of handling complex viral equations, do this simple job , spread the knowledge , save $$$ & contribute some savings to IV
Best wishes
If at all use an attorney for PERM. In my situation, even that was screwed up & I had to do that myself.
It is high time, all of us capable of handling complex viral equations, do this simple job , spread the knowledge , save $$$ & contribute some savings to IV
Best wishes
rklscp
05-22 01:23 PM
Thanks Totoro.
Can Totoro (or anybody) answer this question?
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I noticed that if you itemize your deductions, you dont loose much even if you file "married filing separately".
Thanks!
Can Totoro (or anybody) answer this question?
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I noticed that if you itemize your deductions, you dont loose much even if you file "married filing separately".
Thanks!
whatamidoinghere
07-28 03:52 PM
H1B visa is meant to be for people with skills that are in shortage in the US. If any H4 feels that he/she should be able to work, he/she should get a H1B. I agree that it may be difficult for some H4s to find a sponsorer for H1B, because their skills are not in shortage in the US.
Some spouses may join their H1B counterparts in the US, with an expectation that they will eventually get the GC and will be able to work, no matter what their skill set is. This is a reasonable expectation. So, blame the retrogression.
I do not believe that H4s should ever be allowed to work. They just take away jobs of more skilled workers who are unable to get H1Bs and who are still in their home countries trying for one. Skill-less free riders!
Now, please don't bash me with counter arguments!! ;)
sorry but this is ridiculous. If the US has a skill shortage and wants foreign workers, it should ensure that the foreign worker and his/her family are given the same rights that a domestic workers family enjoys.
If they can't give that right, why do they want to invite the foreign worker at all?
Its true that they are not forcing this on us and we are free to go back anytime. But still isn't the inequality pretty clear here? and this country is supposed to be all about equality...
Some spouses may join their H1B counterparts in the US, with an expectation that they will eventually get the GC and will be able to work, no matter what their skill set is. This is a reasonable expectation. So, blame the retrogression.
I do not believe that H4s should ever be allowed to work. They just take away jobs of more skilled workers who are unable to get H1Bs and who are still in their home countries trying for one. Skill-less free riders!
Now, please don't bash me with counter arguments!! ;)
sorry but this is ridiculous. If the US has a skill shortage and wants foreign workers, it should ensure that the foreign worker and his/her family are given the same rights that a domestic workers family enjoys.
If they can't give that right, why do they want to invite the foreign worker at all?
Its true that they are not forcing this on us and we are free to go back anytime. But still isn't the inequality pretty clear here? and this country is supposed to be all about equality...
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