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Member Profile: abayasinghei (13 posts)

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Hello, I'm abayasinghei (report this user)
I am from Sri Lanka
I last logged in on 20 Feb 2013
I have been a member since 27 Sep 2011
I have added 13 posts in trackitt forums
I added my last post on 12 Nov 2012
abayasinghei's Posts
Posted in H-1B Forum on 12 Nov 2012
Topic: RFE issued on H1B extension

Hello gauravdhingra5,

Sorry to hear that you have had to answer for a RFE. I want to share with you that H1B is possible for your position, and, contrary to sunyang's assertion, F&B managers are specialty occupation. In fact, the SOC code for you would be a Food Service manager. I know this because I am one as well.

In order to answer the RFE on specialty occupation, your employer needs to answer the following issues:

1. How does this become specialty occupation: is it through theoretical knowledge usually attained with a Bachelors? If so, then they can substantiate the need by showing that the industry routinely hires candidates holding a BA/BS. Look up the requirements from companies such as Aramark/Sodexo/Hilton etc.;
2. Has the employer hired candidates holding BA/BS before for like positions? If so, this can be substantiated with a copy of how many current managers hold this degree;
3. How are the skills only attainable at the Bachelors level? Usually tied into issues on budget control, production planning, staffing tables etc. and relate them to your coursework.

Hang in there and hire a competent attorney to help answer the RFE. There are many of us here who manage significantly more financial levels, staffing levels etc. than the run of the mill IT person. Relating these to the skill set requiring a BA/BS is similar to that of a Software developer - the knowledge is gained in school.

Best, Chris
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Posted in I-765 (EAD) Forum on 07 May 2012
Topic: EAD for H4 Visa Holders

Bump... just wanted to keep this thread alive for all our spouses...
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Posted in I-485 Forum on 30 Nov 2011
Topic: EB 3 Rowers, please take heart.

johnroberts

What is fair is really subjective - isn't it? While its easy to understand FIFO, HR3012 was sold as bridging the inequity for those of us in "high skills job" - as in those in the EB2 categories. The GC is immediately available for those from any country other than India or China. But the reality is if you look at the demand data that was released for the December VB calculation, there are only 300 cases prior to Jan 1, 2011. This includes India and China. So it could be argued that the PD as of January VB, should be immediately available for India and China without HR 3012.

If the intent of the bill was to help "highly skilled immigrants create jobs" as quoted by Sen. Schumer, the benefeciaries of the bill are not in the EB2 category but in EB3. So, from a ROW perspective, especially for those of us who already have a PD earlier than 2008, the additional wait time could now exceed 5-6 additional years. Its a bitter pill to swallow and to, as you highlight in the post, "be thankful that they are not taking away the green cards from those lucky guys in ROW - the real fraudsters" is insensitive. The ROW who have received their GC did so under the law that was in place and hence cannot be impacted by HR 3012 or S 1857.
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Posted in I-485 Forum on 30 Nov 2011
Topic: EB 3 Rowers, please take heart.

kwho,

This post is just really uncalled for and unfortunate given the other somewhat insightful things you've had to say in the past. The forum is for everyone to engage in dialogue. What you are trying to do is crowd out any other points of view so only your voice is the loudest.
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Posted in I-485 Forum on 13 Nov 2011
Topic: Status of HR 3012

Hello Kwho,

Thanks for your thoughts on my post. I'm not sure how the straw man argument works here but let's develop that thought for a bit. If the view is that I did not answer the original argument but instead sought to spin it another way - isn't that what HR 3012 does? The basis is still the same - split the visas to heavily benefit only one country - India. The number of outstanding cases waiting for visas heavily favor only India and not China as purported by HR3012.

As for the industries that have been out there for a number of years, if you examine the SOC codes for the past 4 fiscal years, you will note that the majority of applications favor Indians in IT. The basis of my counterpoint is that if HR 3012 passes, it will then crowd out physicians serving underrepresented areas or other fields outside of IT because the visas are not available. The argument is valid and not a straw man based one.

While I can appreciate your individual feelings, calling the position of diversity as "stupid" is again unfortunate. Think about it this way when examining the history of this nation - what if only the Irish were allowed to immigrate during the formative days of this nation? Would it have advanced as far as it has and been (though arguable) as accomodating of others?

The US does need diversity regardless of how you or every other proponent of HR 3012 feels. The statement of "feeding system" does not apply - both the F1 and L1 visas are non-immigrant in intent. The H1 is dual intent and we can draw the conclusions we want from those - after all, isn't that the fallacy of quoting statistics? As for myself receiving a GC before anyone else because I am from Sri Lanka (congratulations on reading my profile by the way), why not? Isn't that what HR3012 seeks to accomplish but so much more explicitly since it determines what the percentages need to be in each year to benefit India?

Look - the basics are as such: India has proposed a bill to alleviate the retrogression of priority dates because the system has allowed many visas to go unused. Do not expect ROWers to support the bill and don't try to cuss at us or crowd us out on this forum.
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Posted in I-485 Forum on 13 Nov 2011
Topic: Status of HR 3012

Vnarang23,

While you do have a point with the no limit per country conversation, tying the practice of temporary work visas to a larger immigration system is misleading. While H visas are dual intent, that only occurs after the PERM test is conducted - right? And if it passes the I140 stage as well.

If you read into the SOC codes for PERMS in the past 4 fiscal year reports by DOL, its clear that a large majority of the immigrants are IT people from India. Therefore, if you remove the country limit, not only do you give up the argument of diversity, but, you also limit the professionals from many other industries.
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Posted in I-485 Forum on 13 Nov 2011
Topic: Status of HR 3012

Skyrim,

That's not really true is it? EB2ROW is currently available. EB3 ROW is backlogged as well so your statement that "ROW just walks in with green card" is misleading and patently untrue. No ROW believes that we should keep China or India waiting in line. EB3 China has progressed into 2004 and both Mexico and Philliphines are now in line with EB3 ROW.

The retrogression in EB3 India is based on how many people have applied and not on protectionism, or some conspiracy by ROW (as you imply in your post). The only real way to gain mulitlateral support from the immigrant community to challenge the current policies is to tie visa recapture to any bill. However, with HR3012 and its senate variant, India lost that chance and just should not expect support from the other communities.
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Posted in I-485 Forum on 13 Nov 2011
Topic: Status of HR 3012

Osaka,

The Indian opinion has been that this bill will give fairness to all in the EB category - how exactly will that happen? Versus asking ROW to substantiate how it will not benefit all, explain to all of us how this bill will favor any group other than India?
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Posted in I-485 Forum on 13 Nov 2011
Topic: Status of HR 3012

2003eb3,

Just like I noted with Chikna, the name calling is just unfortunate. The ability to engage in debate can't degrade down to insults and name calling.

It is frustrating that the immigration system is so backlogged not only for India, but ROW in EB3. You just cannot get us to agree with HR 3012 since ROW was never consulted or engaged in and then India is surprised and begins calling out names when we express our divergent opinions... IV is the voice of India and does not, nor should it, claim that HR3012 will benefit the entire system.
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Posted in I-485 Forum on 13 Nov 2011
Topic: Status of HR 3012

Chikna,

While its encouraging to engage in debate, calling people names because their view is contrary to yours is uncalled for. I'd be open to discussing with you why ROW is against this bill - whereas India's position as espoused by you loses wider credibility whenever its proponents on this site begin using language that is unfortunate.
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Posted in I-485 Forum on 30 Sep 2011
Topic: EB3 ROW --- What to expect in 2012

I wanted to keep this discussion in the forefront so - bump...

If you have not signed up for the ROW petition or emailed/written to your representatives (thanks IrishSF) please do so. While I don't begrudge anybody, we can learn a lot from how India and China have advanced their cases with the petition they are now seeking. Face it everyone - if our visas go to support India and China, we are all going to become retrogressed.

Happy Friday!

Loving life in Massachusetts

Chris
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Posted in I-485 Forum on 27 Sep 2011
Topic: EB3 ROW --- What to expect in 2012

I agree with everyone here that removing the 7% cap will really only benefit the citizens of India and China. I signed the petition and sent it to my representatives. I'm all in if you all wish to organize a response.

Loving life in Massachusetts...
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