ocpmachine
06-11 07:39 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...
Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.
I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.
My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...
Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.
I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.
My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)
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samay
07-14 07:09 AM
Dear Sir / Madam,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
You do need to transfer your H-1 B to company Y in order to work after Oct.2008.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
You do need to transfer your H-1 B to company Y in order to work after Oct.2008.
soljabhai
12-14 04:39 PM
Following text is from IV's about page
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
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samay
07-14 06:13 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
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Mani
12-13 01:38 PM
I understand challenging the law could be a costly affair.
If congress can amend the law to exlclude country cap for Amensty programs and undocumented workers (Comprehensive Immigration Reform) then why should it be difficult to use the same yardstick for Employment-based category or any other category for that matter ?
If congress can amend the law to exlclude country cap for Amensty programs and undocumented workers (Comprehensive Immigration Reform) then why should it be difficult to use the same yardstick for Employment-based category or any other category for that matter ?
STAmisha
08-28 06:53 AM
I went through www.canadavisa.com . they are good
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
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Michael chertoff
07-12 02:03 PM
My question:
I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)
I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.
My question:
1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.
2. Or in case of any RFE i will send the AC21 paperwork from new employer.
3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.
please suggest what should i do in this situation.
Or it is must to INVOKE AC21 for me even both companies are supporting me.
thanks.
MC
I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)
I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.
My question:
1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.
2. Or in case of any RFE i will send the AC21 paperwork from new employer.
3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.
please suggest what should i do in this situation.
Or it is must to INVOKE AC21 for me even both companies are supporting me.
thanks.
MC
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andy007
07-03 10:18 PM
Hi Guys,
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
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AirWaterandGC
05-10 09:25 AM
mihird,
I see you have gone thru the CA process. I had asked a question earlier .... but no one seems to have an answer. Here are the details ....
I have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Please shed some light.
Thanks.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
I see you have gone thru the CA process. I had asked a question earlier .... but no one seems to have an answer. Here are the details ....
I have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Please shed some light.
Thanks.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
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Rohan99
07-26 01:33 PM
^^^^^^
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pappu
01-28 05:12 AM
Such people give a bad name to high skilled immigrants. They give fodder to anti immigrants to talk against H1Bs and greencard applicants by talking about abuses and exploitation.
IV is against any kind of breaking of the law and condemn such people. I'm sure DOL is watching Sulekha website since this is the place where such ads have been posted and reported.
IV is against any kind of breaking of the law and condemn such people. I'm sure DOL is watching Sulekha website since this is the place where such ads have been posted and reported.
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vdlrao
07-21 12:15 AM
I presume, from the July 2007 fiasco DOS might have learnt a lesson of deciding the cut off dates very care fully based on the Aproved labors In a pertucular year from a perticular country with a perticular ctegory. So thats the reason why I am thinking that instead of putting whole EB2 as a current
(It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.
----------------------------------------------------------------
Originally Posted by delax
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
---------------------------------------------------------------------
If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
In 2005 there may be only about 600 labors for EB2 India.
Based on this it would be
About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
About 600 labors for EB2 India from Oct 2004 - Sep 2005
About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)
So total labors may be around 10,600 which needs about 25,000 visas.
So it seems there are about 20k visas availble now.
So they have moved the dates accordingly.
(It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.
----------------------------------------------------------------
Originally Posted by delax
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
---------------------------------------------------------------------
If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
In 2005 there may be only about 600 labors for EB2 India.
Based on this it would be
About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
About 600 labors for EB2 India from Oct 2004 - Sep 2005
About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)
So total labors may be around 10,600 which needs about 25,000 visas.
So it seems there are about 20k visas availble now.
So they have moved the dates accordingly.
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thepaew
12-13 04:49 PM
Last I checked, the US was a sovereign country and is not under the jurisdiction of any international court. It is not even a member of the ICJ and this issue is not covered under WTO. Good Luck. :-)
Yes, we should explore this more
1) Whether we can really challenge this into US SC within US Constitutional
framework?
2) Whether we can really challenge this into International Courts?
Yes, we should explore this more
1) Whether we can really challenge this into US SC within US Constitutional
framework?
2) Whether we can really challenge this into International Courts?
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GCard_Dream
06-28 07:31 PM
I think the folks who decided to file on their own are clearly the winners here because they have complete control over when the AOS gets filed. Folks like me who decided to go with the company law firm are clearly the biggest losers here because with all the added work load, the law firms are in complete disarray and can not guarantee anything about when the cases will be filed. The company law firm I am dealing with is in so much disarray that they have stopped taking phone calls and they wouldn’t even talk to me on the phone.
I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.
Like logiclife said, I wish I would have done it myself. Well .. too late now :(
I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.
Like logiclife said, I wish I would have done it myself. Well .. too late now :(
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sidbee
06-02 03:44 PM
Why is it absurd to change the country quota? What is the use of the country quota..is it necessary for diversity? The primary basis by which a person qualifies for employment based GC is through his academic qualifications and work experience....how is deciding how many GCs you would give based on country of birth relevant in this case. What is the basis of such a rule unless you want to limit the no. of people coming from countries which produce large no. of qualified, educated people. How is this fair considering that India and China produce at least 10 times more college graduates than most other countries in the world other than the USA.
If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.
I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.
I am the one , who proposed this idea, and people tend to disagree.
I am again saying , the only solution is a lawsuit.
If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.
I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.
I am the one , who proposed this idea, and people tend to disagree.
I am again saying , the only solution is a lawsuit.
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villamonte6100
12-14 01:03 PM
--Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
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samay
08-25 02:55 PM
Dear Immigration Attorney,
Can I out of US with old AP and returned with new (renewed) AP?
You don't need to show the AP at the time you leave the country.
Can I out of US with old AP and returned with new (renewed) AP?
You don't need to show the AP at the time you leave the country.
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indiancitizen77
08-30 11:18 PM
Thank you all for the insight and advice. I wish the US greencard process wasnt a bureaucratic blackhole. I have been here for 6 years amidst the so-called backlog reduction and the stagnant retrogression with no end in sight. It is really frustrating. My wife being a licensed physician cant work. We just end up coughing up our paychecks to uncle Sam and the lawyers. Unless something is done soon about the legal immigration process, I can see the US losing out to other countries which have a structured system like Canada and Australia.
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perm2gc
01-23 07:28 PM
Finally he got what he deserved..I wish that US won't deport him..He should spend rest of his life in Federal Prison only.If he goes back to india(AP)..he will open one more company and do the same things.His uncle is famous telugu actor and was a member of parliament also..so he will get all the help he needs.I pray to god that he should be in US federal Prision for rest of his life...
panini
05-18 07:54 AM
The state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.
And the whole island has been liberated from the LTTE terrorism.
Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!
And the whole island has been liberated from the LTTE terrorism.
Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!
pdjan2003
11-09 08:39 AM
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
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