EAD Situation will improve
The buzz from the govt. is they are coming out with a regulation extending EAD beyond a year.
The buzz from the govt. is they are coming out with a regulation extending EAD beyond a year.
*******Here is What Happened at the 3 June Hearing*****
- Thread starter Rajiv S. Khanna
- Start date
operations said:The buzz from the govt. is they are coming out with a regulation extending EAD beyond a year.
This will have zero impact on backog reduction for the next 9 months because the people who get this 2 yr EAD will not need to reapply for another EAD after 9 months. So this regulation starts showing its impact only after 9 months and it only helps those who are applying for their first or second EAD. We have made this request in our petition to the ombudsman in last August. It took them 10 months to implement such a simple thing. It kind of explains their way of working.
dsatish said:
What's the use of having an EAD with the 140's stagnating?
I found my current job all by myself and the middleman and employer take 50% of what the client pays for my position, Client wants me to take a direct position, but I can't without AC-21, until then I can look at my EAD and have these "two fit for nothing idiots practically doing nothing" on my payroll!!! Now the real rub: "they both think they pay me"
U r right rsk1972,
the h1 employers are blood sucking morons, with little or no ethics at all. All they need is $$ money , freakin they live out of our sweat, and they say proudly "our employees" as long as we are in a project.
Well they dont even give a second look when the project is over. These guys must be kicked in the butts so hard , that they will never be able to sit on their butts ever again.
Thanks for reading...
P.S. Lucky i have been in the same project for the past 4 years... but i do know their attitude.
the h1 employers are blood sucking morons, with little or no ethics at all. All they need is $$ money , freakin they live out of our sweat, and they say proudly "our employees" as long as we are in a project.
Well they dont even give a second look when the project is over. These guys must be kicked in the butts so hard , that they will never be able to sit on their butts ever again.
Thanks for reading...
P.S. Lucky i have been in the same project for the past 4 years... but i do know their attitude.
rsk1972 said:What's the use of having an EAD with the 140's stagnating?
I found my current job all by myself and the middleman and employer take 50% of what the client pays for my position, Client wants me to take a direct position, but I can't without AC-21, until then I can look at my EAD and have these "two fit for nothing idiots practically doing nothing" on my payroll!!! Now the real rub: "they both think they pay me"
My case is similar to you. I get less than 50% of my billing rate. The main consulting company and my employer suck up all the money(well, more than 50%) paid for my work. No wonder my employer, like that of most of the people here, roam around the latest BMW 7 series car while we look forward for the month-end salary for the next month's expenses.
If i had my GC, i would have bargained for getting atleast 75% of the rate . That will be 50% more than what i am getting now. This INS is indirectly helping these middle men by delaying the application processing
operations said:The buzz from the govt. is they are coming out with a regulation extending EAD beyond a year.
The following news was posted on immigration-law.com on 6/4/04:
06/04/2004: OMB Cleared Rule to Authorize EAD for 2-Year Pending I-485 Applications
- On June 2, 2004, OMB completed its review and cleared the USCIS Interim Rule which authorizes the agency to issue a EAD valid up to two years. This category is reserved for those applying for adjustment of status, having filed Form I-485, Application to Register Permanent Residence or Adjust Status, with the Department. The rule change would give USCIS the flexibility to issue EADs for the length of time it anticipates that adjudication of a given case will take.
- USCIS has already announced issuance of a new EAD card, I-766 with enhanced security feature and already indicated that the EAD card will be issued more than one year for certain aliens. Obviously, the announcement implied application of the new multiple-year EAD rule for the I-485 applicants. It is expected that the USCIS will publish this extended EAD rule in the federal register soon.
http://uscis.gov/graphics/publicaffairs/newsrels/EAD_PR_06_01_04.pdf
It neither automatically guarantees a two year EAD for every applicant, nor does it guarantee the freedom that comes with LPR approval. Most of the employment based GC aspirants - whether they participate in this forum or not - are being highly expoited by their employers due to their situation.
Not that I have much of an alternative, and something is definitely better than nothing. It still seems like a case of too little too late. The $170 or so per year it might save the I-485 applicants doesn't even offset a fraction of the increased income they would see that accompanies the freedom that comes with possessing a GC.
I also agree with dsatish's contention that this will not contribute in the short term to backlog reduction.
Most of the I-485 applications have taken longer than the times projected on the receipts notices they sent us (folks, please correct me if I am wrong). Are they bound in any way to the processing time-frames they promised us on the receipt date? Is it enforceable? Since USCIS is a "service" is there a service level agreement with it's customers (us)? Can the projected time frames (that they did not meet) be legally construed as a service level agreement? After all they charge fees to provide a service!
Does USCIS have any plans to provide us immediate, or at the least interim, relief?
Can we submit a motion to the honorable judge for some interim relief like freedom to change jobs etc.?
Waiting for 4 months after applying my 3rd EAD and over 2 years on 485 stage, this will be too little too late for filers like me.
Not to mention USCIS if it approves my 3rd EAD for an year and the current pace of approvals continue I might even apply for my 4th EAD possibly with hiked fees.
Over the years have seen their service inversely proportional to their fees.
CIS stengthening their legal team
Instead of solving the problems, they are trying to do a better job defending themselves. Bad, they got one from our side.
http://uscis.gov/graphics/publicaffairs/newsrels/PLA06_09_04.pdf
Instead of solving the problems, they are trying to do a better job defending themselves. Bad, they got one from our side.
http://uscis.gov/graphics/publicaffairs/newsrels/PLA06_09_04.pdf
hidden_dragon
Registered Users (C)
No wonder AILA doesn't like our lawsuit. They are on the same boat now. I have been wondering if lawyers in general care less about such backlog since we are actually paying for much more service.
I140_2003 said:
rsk1972 said:What's the use of having an EAD with the 140's stagnating?
I found my current job all by myself and the middleman and employer take 50% of what the client pays for my position, Client wants me to take a direct position, but I can't without AC-21, until then I can look at my EAD and have these "two fit for nothing idiots practically doing nothing" on my payroll!!! Now the real rub: "they both think they pay me"
Here is Mine,frustating fact:
Simply put " Can't be hired " by a billion dollar global company who wants to hire me desparately and send me moving around their global offices as support engineer. Intially they wanted US citizen, they have come down GC holder and even I don't have that and they are frustated too not being able to hire me.
Otherhand, my current employer sucks, lost all the business and not being able to find a position for me after loosing all clients with tough economy. If at all he finds with 30K to 40K pay cut. Don't know when he files for chapter 11.
Life sucks for applicants who filed for GC (easpecially in TSC).
markandeyulu
Registered Users (C)
rsk1972 and sreddy88.
It is so unfortunate that you folks dont understand what your employers are doing for you and what they have done for you.
I would recommend that you folks take a free class conducted by IRS ..generally they conduct classes once a month in all major cities.
I have personally attended the class myself and Now I dont complain about any consulting company anymore.......
Did you guys realize the kind of overhead the employer goes thru on having you on the payroll? you need medical insurance , empoyee's insurance of all kinds to cover you upto a million dollars if you goof up something at the client's site. collect the money from the cleint .....clients DONT PAY ONTIME like they pay their employeeeeees...... Despite all that you get your check on time..and he pays the employee's social security........ your greencard...and supporting documents for your visa applications and your spouses visas...and the list goes on and on and on.......
I dont understand , how one should care of how much the consulting company charges or makes..... If I were you i would care of what I get to hand..........if you dont get what you want and still want to stay with the same company for greencard reasons , then find a better client where you get more...... .... why crib about employers??
It is so unfortunate that you folks dont understand what your employers are doing for you and what they have done for you.
I would recommend that you folks take a free class conducted by IRS ..generally they conduct classes once a month in all major cities.
I have personally attended the class myself and Now I dont complain about any consulting company anymore.......
Did you guys realize the kind of overhead the employer goes thru on having you on the payroll? you need medical insurance , empoyee's insurance of all kinds to cover you upto a million dollars if you goof up something at the client's site. collect the money from the cleint .....clients DONT PAY ONTIME like they pay their employeeeeees...... Despite all that you get your check on time..and he pays the employee's social security........ your greencard...and supporting documents for your visa applications and your spouses visas...and the list goes on and on and on.......
I dont understand , how one should care of how much the consulting company charges or makes..... If I were you i would care of what I get to hand..........if you dont get what you want and still want to stay with the same company for greencard reasons , then find a better client where you get more...... .... why crib about employers??
markandeyulu said:
you need medical insurance: I pay my own medical insurance, all my benefits were cut after I lost my last project, since I filed my labor thru him, I couldn't leave him.
empoyee's insurance of all kinds to cover you upto a million dollars if you goof up something at the client's site: I've seen more employers screw themselves up at the client site than their employees ever did
collect the money from the cleint .....clients DONT PAY ONTIME like they pay their employeeeeees...... Despite all that you get your check on time..and he pays the employee's social security........: client is not the problem in my case, they pay on time, I pay 7.5% social security and medicare, and all employers and FYI, no employer pays SS and medicare out of their pockets, they slice it off from what the client pays the employee
your greencard...and supporting documents for your visa applications and your spouses visas...: I paid 80% of the green card costs
and the list goes on and on and on.......: elaborate (so far I've paid him $210,000 since I started working for him)
I dont understand , how one should care of how much the consulting company charges or makes..... If I were you i would care of what I get to hand..........if you dont get what you want and still want to stay with the same company for greencard reasons , then find a better client where you get more...... .... why crib about employers:
Because people need to work to earn a living - not fleece others! Client advertises the position, I see it, I ask my employer to apply, says he is too busy, I get the middleman to do it, I pay both the middleman and the employer, because market it bad, can get the employer off my payroll because he "sponsors my green card" and praying for AC-21
markandeyulu said:
Well i know quiet a few ppl who went to the classes but i don' think that changed their opinion about employers. May be it is just you..
markandeyulu said:
Now the fun part..
1. Medical isurance ---> if the employer is willing to pay 5 bucks an hour for medical issurance (medical ,dental and Vision) then the employee with two dependends(wife and kid) can get very good plan(10 copay and no restriction s to see any specialist) . This i am talking about in one of the most expensive states.(top 3). Most of the employers usually pay around 3 bucks an hour.
Remember group plans are different than individual plans..
2. Insurance (goof up at client)--> i don't know whether you know the actual cost or not ( seems to me you don't know) ..it is less than 500 per person a year. how much is it hourly less than 50 cents (based on 2080 hours if a person works throught the year except for 9 or 10 federal holidays)
If you are single person with just one guy and have your own company it is around 120 to 200..
3 clients DONT PAY ONTIME --> it depends on the contract which is usually around 3 months ( this is average) But most of the consulting companies do not have direct clients they usaully go through one big consulting companies which pay regulary to the sub contracting consulting companies...so in most cases this doesn't apply and big consulting comapnies are usually little bit more reasonable than sub contracting consulting companies.
This is the one of the risks ( which is not huge risk) come on business without even hint of risk..??
4. employee's social security.---> This is 7.5 % on the bill rate which is paid to employee which will lot more if it calculated on actual bill rate
5 .your greencard---> some companies do pay for it and some don't so even if the company paying for it let's us say on an average it takes 3 years for the person to get green card (i am being conservative here) and the cost is 6000 ( average includes single persons and ppl with dependends) that comes to 2000/year (which i think is on higher side) . That is 1 dollar an hour
6 .supporting documents for your visa applications and your spouses visas---> Well i don' think there is too much cost involved in generating documents well let say 50 cents an hour per person ( person is both single persons and ppl with dependends) that is little more than 1000 dollars per year.
As per Visa applications not all companies pay for H1B visa and H4 visa even if they pay say it is 2000 for H1 and 1000 for H4 . they will probably do it say 2 times ( assuming gets GC in 3 years) That is 6000 which comes to 3 dollars per hour.
Obviously that ppl can't work without getting sick or taking vacation so lets say they take one month vacation (includes sick days) each year for 3 years that is 3 months so that is approximatley 66 working days so 66*8 = 528 hours. Remember most companies don't pay for vacation so at the same time lot of ppl work over time. the loss of income for employer ( which is also loss of pay for employee in most cases) is off set by overtime.
7. ist goes on and on and on----> i wish you were little bit more specific let's say operational expenses (includes salaries if they have any employees like sales accountinf ,recruting and real estate expenses like rent,maintaince etc..)
This will not be more than 30 to 40 dollars per hour ( this is extremly high if you take the average ) if that is distributed across 10 employess 3 to 4 dollars an hour.
Assume the bill rate is 70 to 80/hour average . The average salary is 30 to 35.
so Expenses 5(medical insurance) + 0.5(clinet goof up insurance) + 1 (GC) + 3 (H1 and H4's) + 3.5 (operationexpense, this is exagarated but not to disappoint you) 2.7 around 3 dollars(7.5% of 35) = 16 dollars
so 80-35 = 45
45 - 16 = 29 dollars
Employee gets following deducated from his 35/hour salary/rate
Fed Tax (22 to 24)
state tax 4 % (avearge)
Social security 7.5%
1.5% medicare +1.5% medicaid = 3 % Even if employer pays mediaid then it is only 1.5 % of 35
so 10 employess 29/hour profit that is 290/hour = close 580K/year , 20 employess 580/hour.= 1.16 mil/hour
Even if you add extra 9/hour expenses it is still 200/hour on 10 employess..
which brings us to next points...
8.Brand new BMW 7 series--- well i don't know 5 dollars an hour 10 employess and it is one time expense.
9.Million dollar house ---> with 10 employess, Mortgage is say 6000/month=72000 month comes 3.6/ hour. Don't forget Tax breaks..
Showing off and Giving lectures about loyalty, helping nature --- Priceless.
Anything else please feel free to add...
Mind you most of the stuff like medical ,GC, H1B, H4 are not paid by most of the employers since the market is not as good as it was so the profits might it lot higher than what is projected here . This is just an average and it is being extremely conservative and pertains to mostly employers who don't have direct clients ( even if they have they are less than 5 )
markandeyulu said:
Even though what you said is true i think ppl don't mind for if the employer takes "reasonble" cut but the million dollar question is how do you define reasonable cut. if you ask employer (depending on him) he will he needs at least 40 % of bill rate if you ask employee he says 20%. when the dollar amount is higher then the numbers vary too.
Not only that if the person has GC i think he can get the all the money from the bill rate in addition to rest of the option he has wrt to chosing emloyer and type of employement. I think most of ppl don' t mind being with employer for couple years but not years and years on and on ......plus most of the employers are not reasonable by any standards...
i can go on but..i think you understand why ppl are piss** of with employers..
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markandeyulu said:
While it is commendable that you do not want to take a one sided approach and want to reasonably see things from the view point of employers.
Let us not forget that all the employers are in the business to make money for themselves and not for community service. If they could make their money without doing all the things you mentioned, they would - in a heart-beat. Most employers do all that because they are required to do so by law. They HAVE to pay social security taxes and insurance premiums etc. for all their employees irresepective of their immigration status.
Now, as for providing immigration benefits, if they could find employees that are adequately trained to do the job without having to pay for all the immigration benefits, they would. For it would mean higher profit margins for them. There are some employers out there who prefer to hire aspiring immigrants because they still make more money even after paying all the immigration fees etc. They don't care about the living conditions of some of these aspiring immigrants.
Ever since the economy slowed down, a lot of employers have started making their employees pay for the immigration benefits like the INS/USCIS as well as attorney's fees. When it comes time for annual reviews and raises, the aspiring immigrants don't get the same benefits as the others. Yet they are the ones who do more work than the other employees who make more and get higher raises.
Some employers lay off their employees on the bench while others, either scale back salaries or benefits or both. I even read about a person, on one of the forums here, whose employer wasn't paying him at all. Let alone on time. He couldn't blow a whistle on him because he was scared about the out come of his immigration process.
There are a lot of good employers out there that are fair to all their employees irrespective of their immigration status.
A lot of times the aspiring immigrants are grateful for all the good things their employers do for them and they show it with their dedication and loyalty.
I am only generalizing here. I am sure there are a lot of exceptions out there, but "exceptions don't make the rules"!
The employers want to make as much money as they can while they can. The immigrants want to have a GC so they can't be expoited and so they can make more money. After all most of them decided to immigrate here for economical reasons. A lot of these highly professional people would be able to make more money if they simply eliminate the middle men.
The bottom line is every body is watching out for their interest. In the process some get exploited because of their circumstances. If they want to vent and express their frustrations due to the unfairness they experience, they should be allowed to do so. After all, isn't "freedom of expression" one of the founding principles of this country (whose permanent residents - and eventually citizens - we are all aspiring to become)?
exploited_forGC
Registered Users (C)
Nice explaination.
cosmos said:Sorry if I seem to be asking a trivial question (or if the question is already asked and answered in another thread). If so, please send me a PM with a link. Thanks.
“Whether or not the delay in adjudicating employment based AOS applications is in violation of law” – from the final reply to the defendants’ opposition
There is no question that the members have suffered serious injury which can be easily proved. But is there a law that says USCIS has to process applications within a certain timeframe? And what is the timeframe? If this is not defined anywhere, how can one prove violation of law?
“The USCIS further notes that its procedures were inefficient and caused unnecessary delay” – from the final reply to the defendants’ opposition
Is inefficiency resulting in unnecessary delay a violation of law?
Of course, I understand that is what the case is all about.
Anyway, here are the things I would like to find out in the discovery phase.
1. Define what is a “clean” 485 application? How long does it take for an officer to adjudicate such a case?
2. What are some common examples of not “clean” applications? Is there a common rules/policy book that is used consistently across all service centers? If yes, let us ask to see that. If no, why not?
3. How many cases are assigned to an officer at any time? Is there a deadline to finish the cases within a certain period of time? Can we get a breakup of how many cases have been assigned to each of the officers? It shouldn’t be too difficult since they didn’t have more than 100 people across all service centers?
4. How about getting video of the file cabinet room where they keep the case files? What is the order in which they take files from there and assign to officers?
5. Are files removed from there for whatever reason and put back before adjudication?
6. What is the case file flow once it is received by USCIS to the time a case is adjudicated?
7. How do they update the “Last updated date” field in the online case tracker database?
8. I-485 application is for AOS (adjustment of status). Is requesting additional information (RFE) about employer’s ability to pay legal? I thought that question has been resolved when I-140 is approved and should not have to be proved again during 485-stage.
9. What is considered a reasonable timeframe for FBI checks (FP and/or name checks)? There may be an element of discrimination here. Some people have apparently waited for over 12 months for FBI checks to finish while others get it in a day. Can we ask for proof of number of FP/name checks are sent to FBI and the response times from FBI. For example, USCIS requested 1000 FP checks every month and FBI responded to 50% of the applications in 2 days, 25% of the applications in 7 days, and the rest in 30 days. A clearer understanding of this process would be helpful.
10. How does FBI respond? Is it an email or something else? How does a FBI response after FP/name check review trigger an activity in USCIS?
11. How is USCIS using application fees collected from I-485 applications? If they diverted it, I would think that would be violation of some law.
12. How is USCIS using the money appropriated by the Congress (in FY2002, FY2003, FY2004) for backlog reduction? If they diverted it, I would think that would be violation of law.
13. How many employees/contractors are assigned to the employment based 485 applications? And other applications? How many employees/contractors are assigned to Customer Service?
14. When will USCIS realize that we are not a bunch of idiots? Sorry, couldn’t resist.
Rajiv, Good luck with the discovery phase and let us hope this phase can be concluded sooner than later.
Friends, can we start generating more ideas for Rajiv to work on? Thanks.
Dear Mr. Rajiv,
Why can't we ask USCIS/Court (Judge) to identify what are the non-commonalities among EB 485 cases? And than provide so many cases/examples against each non-commonality they will say in order to make judge aware that we have so many cases/examples to prove commonality. We have many cases/examples here with us for each and every possible scenario.
Why can't we ask USCIS/Court (Judge) to identify what are the non-commonalities among EB 485 cases? And than provide so many cases/examples against each non-commonality they will say in order to make judge aware that we have so many cases/examples to prove commonality. We have many cases/examples here with us for each and every possible scenario.
cosmos said: