I Filed Or Am Filing For The Immigration Of My Relative: Fill & Download for Free

Many people argue that this is because H-1B workers will accept lower salaries than Americans. This has not been the case in my immigration practice with respect to my clients.I am not aware of any U.S. businesses that seek out H-1B workers. In the case of the companies that I assist with H-1B visas, usually through a recruiter, the company has sought the most qualified person for the job, not the most qualified H-1B worker for the job.There would be no logical reason to prefer an H-1B worker to a U.S. worker due to the extra fees and hassle related to employing a foreign national. The filing fees can range from $1,710 to $3,685, while attorney fees can range from $2,000 to $4,000. Processing the paperwork also puts a strain on Human Resources.In 2017, 280,776 of the 404,087 H-1B petitions filed (nearly 70%) were for “Computer Related” occupations. These (often Developer) employees are so in-demand, and in such short-supply, companies are not in a position to bargain on salary — irrespective of the prospective employee’s status. From my experience, which is based on my practice, the notion that H-1B employees are paid less than their U.S. colleagues is false.There are simply not enough U.S. workers for these positions.

I am assuming you are from India and are not able to travel to India because of visa issues, in this tough time in the family.The H1B visa has become the biggest pain for every legal immigrant in US. Unless you have a GC, you are always suffering.One of my friend, who works in one of the big tech company from India and has consulting operations in US, told me that for every step like:Change of locationChange of salaryChange of clientChange of addressyou would have to file for an H1B amendment every time you have any of these above conditions.Simply unbelievable!Imagine this, in a year you expect to do one of this at least, which means that you are perpetually in the process of H1B amendment. If you want to be free of all this, stop growing in your career or just go back to India. Don’t forget that nowadays regular processing takes anywhere from 6–10 months. And for premium processing it is 1–3 months. Unless you pay $1225 to the US government, you are stuck for at least half an year in the regular processing. Don’t forget on top of that there are many people who think you are a disgrace and taking away their jobs.The visa is a constant mental torture.It is such a painful thing that we can’t go for funerals, marriages and any family related rituals back home in India.To be honest, all you can do is wait for the H1B amendment to complete and then plan to travel. Otherwise, it is a huge risk to travel. You can go to India but may not come back.Stay strong in this tough time.

Edits:As expected, some comments have veered in to the “us versus them” discussions which are counter-productive and brought about the problem to begin with. I will not bother to reply to any of those comments which are not worthy of a civil discussion. Also, the answer is about a specific issue - legal immigration affecting India-born, US-educated immigrants. Please do read the entire answer before commenting.For those challenging the 80+ years wait period claimed in this answer, let me run some numbers for you.Number of people waiting in line from EB3 India till date = 18,045 (source: Pending Employment-Based I-485 Inventory)Average pending 485 in 2005 and 2006 = 5,910 (same source as above)Number of GC’s available in EB3 = 28,00 (source Immigrant Visa Annual Limits and Caps) including dependentsTotal demand for EB3 visa till date = 18,045 + 9.25*5,910 = 72,713 since there are about nine years from August 2007 to October 2016.Main applicant to dependent ratio = 1.0 (very reasonable ratio)Total number of years to remove backlog = 72,713*2/(2800) = 52 years.Note that the 5,910 annual demand for GC is a very, very conservative number. This number is typically in the range of 8,000 to 10,000.So there you have it, a 52 year wait using conservative numbers. Keep in mind that whether the waiting period is 55 years or 80 years is a moot point. The numbers, whichever way you see it, is unreasonably large.3. I am off the hook on US immigration; having been able to complete the final step in the complicated GC process several years ago. However, all those who are waiting in line or planning to come to the US for graduate program should know the massive backlogs and waiting lines they are about to face. This post is not out of personal grudge, it’s purpose is education.Short Version:US immigration is a deep mud hole. If you choose to get in to it, be sure you have the time, temperament, energy and patience to wade through it. If not, choose not to enter.Don’t be fooled by the sky scrapers, wide roads and smiling people in this country. Behind all the glamor is a system which will take you for a ride and will punish you for some thing that is not a fault of yours.You will encounter a lot of novel things during your graduate program - the cultural differences, western liberal values like self-reliance and individualism and a top-class education system. You will survive them all. Heck, you will even graduate, get a job and get through the H1B visa lottery. But what you will not survive is the totally lopsided immigration process which is set on the arbitrary criteria of country of birth.Long Version:Here is the worst thing about coming to US for MS as an Indian: If you are planning to live here for long time and obtain permanent residency, US will discriminate you based on your country of origin. As it stands now, it would take 80+ years years for some one born in India to get a US green card. If you are not from India, it could be any where from 8 months to 3 years which is far less than for Indians. People who are currently in the GC backlog will more likely die before they get their green cards.OK, to be fair, it would be the least of your concerns when you are coming for a graduate degree. At least, it never occurred to me when I came here about 13 years ago to Texas.Here is the precious little thing called US Green Card (GC)GC is a prized possession because it gives you the opportunity to work any where and travel in and out of the country. US, as many people know, has long been regarded as a land of opportunities. So it is no wonder GC is one of the sought after things in the world.If you are not born in the US and would like to get one, there are five main options,1.Marry a US citizen2. Have a close relative file for one3. Apply through a lottery4. Invest money in US and generate jobs5. Get it though an employer(there are other options too, but these are the major ones)Many people go for options 1 and 2. Very few can take option 4 because it requires more than 500,000 + dollars investment. Applying through lottery is not allowed for countries like India and Mexico. So the only real option for some one to be here permanently is to get it through the employer.When you come to the US for your MS, your immediate priorities will be different. The education system is totally unlike any thing in India. Your social life will be different and it will take several months, if not years before you maneuver through all that. During this time, you might actually be aware of the teeny weeny issues that the immigration system might be causing. The requirement to be “in status” with minimum course requirements, visa renewal/stamping etc. Once you graduate, get what is called an optional practical training (OPT) card, then you have some time to get a job and file for a work visa like H1B. Imagine that you have jumped through all the hoops (difficult but not impossible). You are now on officially a temporary alien visitor visa. This indicated three things - it is temporary, you are an alien, and you are a visitor.An H1B visa is tied to a particular job and a particular location. If one of these changes, you have to re-file the visa. If you ever lose your job, you are immediately out of status and have 30 days to leave the country. So naturally people are inclined to file for GC via their employer. This is where things get ugly.The immigration history of US has been convoluted. It was initially designed to prevent the inflow of Italians and Jews who were showing up in Ellis Island in the early part of last century. Hence the first immigration law, in 1924, capped their number to a certain percentage based on number of them present in 1890. People from other countries (which were considered inferior to the Western countries) like India and China were not allowed at all. However, the law backfired. The rise of Hitler and Nazis led to Holocaust and the Jews who fled persecution were sent back because their “cap numbers” were reached.Their is a joke that US will always do the right things as long has they have tried all the wrong things and found that it doesn’t work. Similarly the discriminating immigration law was changed. A refugee visa was introduced as well. However, the country cap still remained in place.The H1B visa program was introduced in the 90’s and the employment based (EB) visa was set at 140,000. There are three categories - EB1, EB2, EB2 and each category has caps. So in effect, one category for one country gets 2400 GCs every year, including spouses.The H1B visa is dominated by Indians and Chinese. There are no country caps for H1B or any other visa for that matter. However, for GC’s there is. This means you will end of waiting an enormous time here in the US to get your green card.Having lived in the US for most of my adult life and having made a career in this country, I will never advise any one from India to come to the US for long term. Don’t be fooled by the sky scrapers, wide roads and smiling people. Behind all the glamor is a system which will take you for a ride and will punish you for some thing that is not a fault of yours.US is at a crossroads in her history. If you peel a layer off it’s glitzy outside, you will see a country with aging population, rapidly increasing debt, crumbling infrastructure, exponentially increasing welfare and medical costs, an illegal immigrant population spiraling out of control and a young population saddled by student loans. The only few bright spots in the ocean of darkness are the innovative industries and the university education system. This country has a decision to make. Do you want to rise above political grandstanding and take in the best and the brightest irrespective of their skin color or kick the proverbial can down to road only to have the future generations suffer. As the father of a five-year old US-born kid, I am worried it is doing the latter.P.S.For the record, it’s not 10–15 years wait. Is it 80 years? That’s what this post says (What is the Real Wait Time for EB-2 India? 82.5 Years | ImmigrationGirl). I haven’t verified the numbers but they look like in the ball park.So the more important question is, will the system ever change? I think so, but then it might be too late. For any one who has been watching the US elections will know how bad the political rhetoric can be. A lot of legal immigrants had put their hopes on the Obama administration which held the WH, senate and house for the first two years of the presidency. However the administration completely ignored the legal immigration during the time. In 2012 close to re-election, the president, through his executive power authorized to provide work authorization to illegal immigrants who came to US before 16 and had no criminal history. Before we judge if this is right or wrong, the point to be made is that he completely ignored the legal community. After his re-election, he used EO again to extend the work authorization to the parents of these so-called DREAMERS. However, these were shot down by a court.What is the stance taken by the two major parties in the US. In my opinion, the Republican party has a lot more interest in getting things rolling for legal immigration; president Obama’s actions notwithstanding. All the piece-meal legislation which were introduced, but failed came from republicans. None from Democrats, although they supported many of these. Here is a question raised to Secretary Clinton during one of the sessions. What will Hillary Clinton do for foreign skilled workers visa (F1 & H1B) and the green card process? Note that she did not answer the question.