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Member Profile: AriAks (611 posts)

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Hello, I'm AriAks (report this user)
I am from India
I last logged in on 06 Feb 2018
I have been a member since 16 Oct 2014
I have added 611 posts in trackitt forums
I added my last post on 06 Feb 2018
AriAks's Posts
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Posted in H-1B Forum on 06 Feb 2018
Topic: H1B primary - 221g - Freak accident while waiting

Really tragic.

Few things to keep in mind.
One has to study on F1 visa for 9 - 12 months in order to become eligible for OPT. So even if she gets F1 visa to finish here course, she won't be able to apply for OPT and without OPT she cannot work.
Only american citizens can get SSN benefits. H4 visa holder cannot.
Talk to lawyer to see what benefits kid can get.
Regarding your question "If the company doesnt cancel h1b, is she allowed to come back on h4 if visa is approved ? "
You have to talk to immigration attorney. Most likely it is going to be very difficult.
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Posted in I-140 Forum on 26 Jan 2018
Topic: Immigration Reform is coming soon

DT is too smart for democrats. He will win either way.
Democrats now have no choice . If they reject the deal, than their Mexican vote base will blame Dems for not having any intentions to make any deal. If they go ahead and shutdown the gov, they loose heavily in mid terms.
Problem with democrats is that they wants to milk the same cow forever.
In 2013 there was a good chance for CIR, but democrats asked for path for citizenship for 11 million which they know from beginning won't pass in GOP controlled congress.
2013 CIR bill had provision to get rid of lottery and cut down chain immigration. Even Obama said that he is against chain immigration. But now when DT says similar things they oppose it.
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Posted in I-140 Forum on 12 Jan 2018
Topic: Goodlatte bill coming today - Any details ?


I say that point about silicon valley itself is flawed.

I dont believe silicon valley companies are blatantly amoral as you say. They dont pay less for some one because they are on H1 and they are coveted places for lot of people to work for them to worry about people leaving after GC.

The reasons for the current predicament is that, it is simply that no one, either democrats or republicans see much stake politically in EB issues. Its not even all the countries only issue for Indians. Not many people either care supporting or opposing it. They just go with the tide 90%.
But there are few who dont want any non-western European immigration. They are part of extreme right wing to which rest of republicans are bowing to in recent times. That is a cause for concern.





As I said silicon valley directly and indirectly have received immense benefit from h1b visa. But they never raise concerns about Green card backlog. Question is why???
US is a capitalist country , ruling class ( politicians or businessmen) always have monetary reasons for what they say or they do. Only poor, ignorant and illiterate people (like everywhere in world) become too much emotional about social issues and get exploited. I believe it is agenda of Dems to make sure nothing is done for EB backlog.
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Posted in I-140 Forum on 12 Jan 2018
Topic: Goodlatte bill coming today - Any details ?


In the house, 90% democrats voted for it too.
And by your own admission, Chuck G was the one who held it first (for what ever reason you think noble or not)and for about an year. It was not a filibuster and if he did not put a hold on it it would have passed.

How come you are not blaming him but democrats for their position not giving into his demand?





After some lobbying at some point Chuck G removed his filibuster but Harry didn't bought it for vote and let that bill die.
I explained my point. Dem get paid by silicon valley, they won't help in EB immigration process.
May be Democrats will listen to H1B if every H1B's have 5-6 kids.
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Posted in I-140 Forum on 12 Jan 2018
Topic: Goodlatte bill coming today - Any details ?


Sad but true....Democrats and most people would keep on shoving legal issues to the side stating that at least they have legal status and not in immediate danger of being deported. Remember the h1 extension fiasco until last week, as soon as people realized that H1 people may be in danger of getting deported all hell broke loose and news/support start pouring in from all sections.

For majority people and politicians us being in limbo for GC wait is not as big a issue as DACA deportation.



It is all about money and lobbying.
Democrats are funded and lobbied by liberal elites of silicon valley. Majority of H1B;s, directly work for tech companies or work on technologies created and sold by tech companies. Democrats won't get a dime from silicon valley if they support reforms in EB immigration . Majority of tech CEO directly align with Democrats on DACA and Travel ban. But don't utter a word for EB reform and h1b visa issues.
In 2012, a bill was passed by GOP (majority) congress to remove country cap. Democrats had majority in senate.
Senator Grassley (GOP) put a filibuster because he wanted some H1B reform attached to bill (noble idea)
Harry Reid (senate majority leader : Dem) and Obama didn't try to break the filibuster. They let the bill die.
Democrats excuse: they wanted to create a visa worker program for Irish. (Never heard about that again)
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Posted in I-140 Forum on 12 Jan 2018
Topic: Goodlatte bill coming today - Any details ?


i think you can pass the bill 51+VP vote = total 52



No you can't. Only few bills which are related to government spending are immune to senate filibuster rules.
They are passed using budget reconciliation process. For example tax bill or healthcare bill.
Immigration bill cannot be passed using budget reconciliation process because it is not related to government expenses.
It is a policy bill. Any senator can filibuster immigration bill, which require 60 senate vote to break it.
Unless there is broad consensus in senate on immigration, nothing is going to happen.
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Posted in I-140 Forum on 12 Jan 2018
Topic: Goodlatte bill coming today - Any details ?




I do not support Trump as he is anti immigrant ... but from what I read in news he supports the Goodlatte bill which was giving 50K visas to EB backlogs ..... indicating he prefers legal skilled labour as compared to random low skilled ppl from undeveloped countries ... I feel giving first preference to high skilled legals is a better option than giving preference to TPS refugees who will be mainly low skilled




Goodlatte bill is dead on arrival in senate. Reason:
GOP has majority in house therefore they can pass any immigration bill they want. But in senate , GOP need to have 60 votes to break filibuster and for that they need support of 9 Democrats. TPS refugees provision was made to get support of some Democrats senator. Since it is no more an option, therefore no immigration reform.
Immigration reform is almost impossible in this country where immigration is the most toxic issue.
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Posted in I-140 Forum on 12 Jan 2018
Topic: Goodlatte bill coming today - Any details ?


Trump wants skilled ppl .... ppl from African countries are generally not skilled due to lower development in those countries



Wrong. He don't want brown and black people. Period. Nothing to do with skilled and unskilled. Every country needs unskilled and poor people to do shitty jobs.
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Posted in I-140 Forum on 04 Jan 2018
Topic: Immigration Reform is coming soon

This is the best info on what was discussed.

https://www.whitehouse.gov/briefings-statements/...
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Posted in I-140 Forum on 04 Jan 2018
Topic: H1b AC21 Cancellation: Trump's Nuclear option


You are right. Paying 25k, you can't back down now. But with 5k$, I am seriously thinking now. I need to pay another 10k by tomorrow, and need to make a decision by then. Its a pain, after doing so much research and then selecting a house that you think would best suits you, and to drop.



Buying or not buying is your decision. But please note

1) If you have to sell house, realtor commission is 5-6%
2) Another 5-8 k for closing costs.
3) Depreciation risk ( if interest goes up, than prices will cool down a bit)
4) If lot of Indians in your neighborhood than lot of competition
5) Fore closure will be a very bad choice if you have to go back for some reason . Reason : your credit history will be screwed and can create a big problem if you reapply for US work visa again. So you have to pay your bank for any losses from sale.
6) Renting property: Once you are out of country for more than 1 year , your property in US is considered a foreign investment. Tax laws are different. If you want to sell it after few years, IRS will keep 10% of sale price and will let u draw that money after u have file taxes for that tax year. Plus property management from a outside is a headache.
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Posted in I-140 Forum on 04 Jan 2018
Topic: who is right: IV or immigration girl/lawyers


YES this is the real deal. The administration is holding DACA hostage to getting all that it wants. Border wall and curbing legal immigration most importantly. The bigger deal is, very few democratic congressmen care about legal immigration as much as they about DACA so its almost definitely going under the chopping block by congress if not the administration.
The November elections however MAY nullify all this in one sweep.



Any deal on DACA will be finalized in next few months . We need to carefully watch if they are going to touch h1b as part of that deal.
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Posted in I-140 Forum on 04 Jan 2018
Topic: who is right: IV or immigration girl/lawyers


It is a scare tactics from admin or some people inside admin. IV is just messenger but they always exaggerate whatever info they get. most of us remember their famous 2014 get your paper ready fiasco.
the real purpose of all these confusing and scary news is to encourage people to self deport. current admin has all anti immigrants from CIS, FAIR and Number USA in key admin positions related to immigration.
they know AC21 limits their ability to force deportation of law abiding backlogged H1Bs. so intent is to scare them away.
the same tactics worked for illegals and border crossing is lowest in last 50 years though they deported less illegals in first year then what Obama did in his last year. balglobal advice is after taking all factors in considerations, like redefining h1 lottery, wage level 1 woes, redefining specialty occupation, revocation of H4 EAD and international entrepreneur rule and AC21 related rumors. admin can tight screws on everything but they cant take away AC21 based beyond 6 years extensions because it was coded in the law and it was the congress intent. may/shell wont matter in a court challenge as there is a precedence of millions of AC21 cases approved in last 15 years. admin cant abruptly end it. I can bet on it, AC21 cant go away through memo or rule making.



Agree with you it is scare tactics but also a warning shot that AC 21 can be touched.
I also agree that it will run into lawsuit if administration try to change their interpretation of AC21.
But here is the real danger. What if a deal is made on DACA which might touch h1b along with other areas of immigration like everiy, border security , h1b etc. They just can literally kill h1b by

a) raising minimal wages to six digits so that it become extremely difficult for junior resources to get h1b
b) restrict unlimited h1b extensions by limiting number of extensions (impact senior resources on h1b)
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Posted in I-140 Forum on 04 Jan 2018
Topic: who is right: IV or immigration girl/lawyers

BAL global is highly reputed law firm . Majority of tech companies in silicon valley use their services. My firm also uses their services.

Normally they don't react on these sort of news. But this time they did

http://www.balglobal.com/bal-news/reports-of-ch...

"The latest leak out of the Trump administration is a reminder that U.S. immigration policy will continue to be unpredictable in 2018 and that companies should develop global immigration policies and options to protect their workforce interests."

In my opinion it was an intentional leak by admin for whatever reason. To scare us or to tell us that us that we shouldn't think that we can stay here forever using h1 extensions .

So yes, I don't think it a fake news.
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Posted in I-140 Forum on 04 Jan 2018
Topic: Off topic: Time to sell house??


If i sell immediately, i think i get good return. But i am concerned this may not be situation after few months.



Depends on

a) How many Indians are in your neighborhood.
b) How many of them are on h1b.
c) whether it is sellers or buyer market.

In general it is wrong strategy for an Indian to buy a house in a location where there are already too many Indians. Majority of Americans don't know about India and judging by our looks they think we are from middle-east. They won't prefer to buy home where majority of people are brown .

One of my co-worker (Indian) lives in Richmond, VA. In last 2 years 90% of new homes constructed in his community are bought by Indians. 70% of them are on H1B. My friend is a citizen but even he is planning to sell his house before blood bath starts.
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Posted in I-485 Forum on 21 Sep 2017
Topic: Good news! More Spillover coming.


Check it out. EB4 to yield more spillover.

http://www.sacbee.com/latest-news/article174...



EB4 is primarily for religious workers. EB4 used to consume 7-8k out of 10k quota , giving spillover of 2k .
But in last 2 years, previous admin let these kids (who came here illegally) to file under EB4 leading to a reduced or no spillover. Even if current admin put a stop to it, max spillover you can expect is 2-3 k.
Now, EB4 flows to EB1 first. Most likely EB1C will consume whatever spillover will come from EB4.
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Posted in I-140 Forum on 20 Sep 2017
Topic: Aging out Kids - Forum for discussion


Don' want to deviate from the purpose of this thread sir. Let us discuss that in a different forum.



I am also in similar boat. My son is in 7th grade and my PD is 2011. I doubt I will get chance to file 485 before that.
I have done lot of research on this topic. First of all, don't leave it on destiny because I doubt anything will change .
Secondly , GC or no GC , undergraduate fee is very costly in this country irrespective of status.

It become more complicated if you don't have enough saving ( approximately 150-200k) as well as status. Because without status your son cannot apply for federal loan and parent should never take that big loan for undergraduate.

Here are options u can think of.

1) Lot of top universities in India ( IIT;s, REC, Pilani and many more) have NRI quota. For example BITS Pilani Goa charges 40k (4 years) for NRI kids.

2) Send kid to India for undergraduate but at the same time ask him to build contact in local universities and research institutes for his field. So that every summer when he is back in US, he can do quality research work under some prof or scientist ( They want volunteers). Their recommendation letter will help in future when he try for masters in US univ.

3) Give GRE and apply for masters. If he plays his card well, he can easily get admission to ivy college for masters.
In case he don't get full scholarship at the beginning , u can support him for one semester. Grad schools fees is relatively very less and they have plenty of scholarships.


4) Every year thousands of kids come here from India to do Masters. Majority of them are from unknown colleges.
Still they end up with good career and job .
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Posted in I-485 Forum on 16 Nov 2015
Topic: More Pain for H1 and L1 Visa holder


I wasn't attacking anybody personally, just stating my own observations from hiring H-1B candidates from vendors, and the general perceptions of US Citizens on this issue (my wife and most of my family being citizens). To give you an example, I hired one guy w/12 alleged years of experience on his resume, and found out later that he was 23 years old. Did he start working in IT at the age of 11? I hardly think so. I hired another guy, and somebody else showed up for the job with a different name that didn't know how to log in. From what I've heard from my Indian colleagues that used to work for body shops, that is commonplace and they have made a business out of it. Probably why most of the IT "experts" that come here from India now look like they're in their early 20's, they really are :)

It is undisputed that American IT workers are being displaced en masse from the H-1B program. While the government has been able to do little about it thus far due to the separation of powers, everybody is well aware of this abuse, even voters. So the AILA (most of whom profit from this body shopping as much as companies do) can lobby until they are blue in the face. The only legislation that will pass is that which has the greater support of U.S. Citizens. Since this legislation protects both American workers and companies alike, as well as the other non-fraudulent ROW immigrants that are thrown into a lottery because of this body shopping, I think it has a decent shot of prevailing.



First of all this bill is nothing but Grassley's last attempt to build a legacy before he retire. It is golden opportunity for him because republican candidates have no other agenda other than blaming immigrants ( legal, illegals), Obama and Hilary for everything. You can bash H1,L1 , body shopping as much you want but all this is result of demand of american consumers and their high end life style.
They want everything top notch in terms of product/services and at a very reasonable price. So companies have no options but to optimize their IT operations by partnering with Indian service companies and send manufacturing jobs to south east Asian countries. Asian countries are continuously manipulating their currencies so that they can get more work from american companies.
Another key thing to note is that for every onsite resource ($75 per hour) there are 5-8 ($20-25) offshore resource in every project. NET Labor cost to American company per IT resource comes to $10-12 per hour: IF you include long work hours,weekend/holiday work, no benefits ( 401k, insurance, vacations), no risk of lawsuits during layoff , cost of facility etc etc.
Now go and figure out yourself what will happen if this bill is passed in current form. If this bill passes it won't give more jobs to Americans because that will hit substantially increase operational cost of companies. They either have to offshore or outsource more work or go out of business. ( WALL STREETS don't like to see dip in profit).

For EB2I guys this bill is very bad. Because as per my understanding from oh law, this will give preference to applicants with degree from american colleges and leave nothing for Indian companies who apply bulk of h1. Right now Indian and Chinese consume 75% of new h1b. If this bill passes , h1b petitions for ROWERS will go up and that in turn will lead to increase in green-card petitions from ROW nations.
Also as per my understanding this bill is only targeting L1B not L1A. Which means L1A demand will go up which will again increase demand for EB1C.
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Posted in I-140 Forum on 12 Oct 2015
Topic: Obama EO: EAD for approved I 140

check http://www.immigration-law.com/

0/10/2015: DHS Secretary's Comment About Progress of Obama Immigration Actions at Congressional Hispanic Caucus Institute 2015 Public Policy Conference 10/07/2015

No mention about I 140 EAD.
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Posted in I-485 Forum on 12 Oct 2015
Topic: Spill over from FB 2016


whats special about PD 2011 before?

even 2010 is also going to take time right?



There is a fair chance that eB2I "acceptance" dates will move into 2010 in probably 1-2 years. It is fair to assume that at least 20-25 k applications will be filed for 2010 ( PD < 1 Jan, 2011). That will be enough for CO to hold off moving dates into 2011 for many years. That is why 2010 folks are in much better situation compare to 2011.
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Posted in I-485 Forum on 11 Oct 2015
Topic: Spill over from FB 2016

check the latest comments by DHS head as per http://www.immigration-law.com/

10/10/2015: DHS Secretary's Comment About Progress of Obama Immigration Actions at Congressional Hispanic Caucus Institute 2015 Public Policy Conference 10/07/2015

"On September 25, the State Department and DHS made changes to the visa bulletin to enable certain families to apply for green cards sooner."

Which means going forward (FY 2016) there won't be any wastage of visa in FB category. Which means there won;t be any spillover from FB to EB from FY 2016
But at the same time we don't know what happened in FY 2015 . As per my understanding any unused visa in FB in FY 2015 will be applied to EB category in FY 2016.So we might still get some spillover from FB this year.
But that's it. Spillover from FB will be near 0 in coming years.
EB2I is screwed from all sides. Folks with PD in 2011 or beyond should have an alternate plan unless they are ready to wait for another 7-8 years.
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