Berkeleybee
03-09 04:46 PM
Report back
On speeding up Labor certification
When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?
The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.
One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
Bluekayal
Great summary Bluekayal!
A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]
(1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.
(2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.
(3) Background checks
(a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
(b) FBI conducts a finger print check
(c) FBI conducts a name check.
So I don't know what she meant by FBI can do it. They already are.
On speeding up Labor certification
When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?
The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.
One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
Bluekayal
Great summary Bluekayal!
A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]
(1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.
(2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.
(3) Background checks
(a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
(b) FBI conducts a finger print check
(c) FBI conducts a name check.
So I don't know what she meant by FBI can do it. They already are.
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Berkeleybee
04-10 09:05 PM
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)
Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.
best,
Berkeleybee
I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)
Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.
best,
Berkeleybee
sledge_hammer
02-27 05:11 PM
Well my friend, don't bring your pretentious "I'm-so-great-I'm-non-judgemental-oo-la-la" BS here. If we don't make it clear in our replies that we do not condone any actions that break the law, we are just making it easier for anti-immigration people to easily point fingers at us and claim we are all drug peddlers or criminal.
I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.
As for you 24fps, think before you type!
I think its pretty immature for members to draw moral judgments and post those remarks here, all thats required is to tell the OP that this forum is for redressing Legal immigrant based issue (primarily dealing with the Green-Card delays etc), to tell the OP to take her "sob story" or " not being sorry" and pulling up moral judgments is just plan immature, period.
I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.
As for you 24fps, think before you type!
I think its pretty immature for members to draw moral judgments and post those remarks here, all thats required is to tell the OP that this forum is for redressing Legal immigrant based issue (primarily dealing with the Green-Card delays etc), to tell the OP to take her "sob story" or " not being sorry" and pulling up moral judgments is just plan immature, period.
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himu73
10-01 08:04 PM
Hello,
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
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nk2006
05-15 11:43 AM
Contending that the H-1B visa programme is being abused to displace qualified American workers, two US lawmakers have asked nine foreign-based firms, including some leading Indian companies that used 20,000 of such visas, to disclose details about their workforce and their use of the special programme.
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
It is actually good. There are abuses in H1B program, some of these companies apply for mass H1B's before the quota is complete. They apply for H1B's even if there is no current requirement. Once the H1B is approved, they will send the employee when there is a requirement and that too for some specific time. This is abuse - genuine companies who go by rules have a lengthy procedure to fill a position: open a req/interview people/if the candidate need a h1 then they will file. By this time all H1's are over. These companies are worse than desi body shops - atleast some of smaller body shops apply for green card; but this big name IT oursourcers named by senators dont apply for greencards (there might very very few exceptions).
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
It is actually good. There are abuses in H1B program, some of these companies apply for mass H1B's before the quota is complete. They apply for H1B's even if there is no current requirement. Once the H1B is approved, they will send the employee when there is a requirement and that too for some specific time. This is abuse - genuine companies who go by rules have a lengthy procedure to fill a position: open a req/interview people/if the candidate need a h1 then they will file. By this time all H1's are over. These companies are worse than desi body shops - atleast some of smaller body shops apply for green card; but this big name IT oursourcers named by senators dont apply for greencards (there might very very few exceptions).
punjabi
09-19 08:06 PM
Anna,
This is childish. Sorry!
LOL!
Funny that I am not upset at your questions, but are you really serious??
What were you thinking all this time when the rally was going on? Did you really think the lawmakers would sit together over a dinner yesterday and hand over a favorable decision in the breakfast next morning?
Just wait! If we don't get something favorable, we will do MORE and BIGGER.
...and next time, we'll also pick you up to the rally to carry our autograph books...hehe..just kidding.
This is childish. Sorry!
LOL!
Funny that I am not upset at your questions, but are you really serious??
What were you thinking all this time when the rally was going on? Did you really think the lawmakers would sit together over a dinner yesterday and hand over a favorable decision in the breakfast next morning?
Just wait! If we don't get something favorable, we will do MORE and BIGGER.
...and next time, we'll also pick you up to the rally to carry our autograph books...hehe..just kidding.
more...
adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
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anai
08-19 10:36 AM
Does anyone have an LUD on 04/20/2008?
Yes, on the already-approved I-140. I am not sure if LUDs mean anything at all.
EB2-I.
PD: Nov 2004
RD: July 2007
ND: Sep 2007
Yes, on the already-approved I-140. I am not sure if LUDs mean anything at all.
EB2-I.
PD: Nov 2004
RD: July 2007
ND: Sep 2007
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nrk
10-29 02:58 PM
Thanks for the reply
I don't have a muslim name. I am a Hindu so as my name.
Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.
But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.
Maybe this is triggering delays but it should be ok.. do you have a muslim name? It may be that processing is slightly slower for muslims who have spent time in the middle-east.. it is a good idea to avoid travelling to places like Dubai etc - I know people get questioned more when they arrive from these places to the US.
I don't have a muslim name. I am a Hindu so as my name.
Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.
But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.
Maybe this is triggering delays but it should be ok.. do you have a muslim name? It may be that processing is slightly slower for muslims who have spent time in the middle-east.. it is a good idea to avoid travelling to places like Dubai etc - I know people get questioned more when they arrive from these places to the US.
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Hewa
07-02 04:19 PM
Lawyer 1150
Medical 500 (250x2)
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Photos 37
courier 50
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Total 1737
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nixstor
06-19 11:16 PM
common guys why are you making it as bigger issue.
All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.
Take it easy now and ACt after 6 months of filling 485.
Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.
Take it easy now and ACt after 6 months of filling 485.
Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
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virald
11-06 04:26 PM
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.
This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.
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GCwaitforever
11-17 01:57 PM
Part of the reason was that few H-1B applicants were running big debts on credit cards and leaving the country. Credit card companies have no way of collecting the money overseas. Few bad apples make every one else look bad.
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GCSeekerCT
08-16 10:31 AM
I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
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TomPlate
02-28 12:33 PM
No, because those cases are not outside of processing times.
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
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apahilaj
11-27 07:15 PM
Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
It's the uncertainty of the entire process that kills us...Have seen couple of users whose cases have been erroneoulsy denied since they did not went for their biometrics. Guess what, these users never received any FP notice from USCIS. I tend to partially agree with you; if the PD is no where close to being current, why worry about FP now - it's their responsibility to get us finger printed. But on the other hand, I do not want my case to be erroneously denied because of an error in their processing...
This is just my personal opinion. I am not loosing my sleep over this any more.
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
It's the uncertainty of the entire process that kills us...Have seen couple of users whose cases have been erroneoulsy denied since they did not went for their biometrics. Guess what, these users never received any FP notice from USCIS. I tend to partially agree with you; if the PD is no where close to being current, why worry about FP now - it's their responsibility to get us finger printed. But on the other hand, I do not want my case to be erroneously denied because of an error in their processing...
This is just my personal opinion. I am not loosing my sleep over this any more.
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nozerd
12-12 04:53 PM
Whats surprising to me is that EB3 ROW didnt move at all.
Anyway even if its 2 weeks progress for EB3 India its at least a glimmer of hope for those with PD's in 2001 like myself.
Anyway even if its 2 weeks progress for EB3 India its at least a glimmer of hope for those with PD's in 2001 like myself.
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CMM66
04-03 11:40 AM
Sent faxes # 10 and #11
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needhelp!
08-28 09:59 AM
My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.
Buck up other states..
Buck up other states..
javadeveloper
02-12 05:37 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.
He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.
Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.
He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.
Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.
mihird
09-14 05:44 PM
If the hosung markets turned down like the NASDAQ 5 yrs ago, and brought down the whole economy with it, then as a result of the ensuing economic recession you lost one, two or all 3 of your jobs and ended up in negative equity, could not find a new job sponsoring H1b due to the deep recession and your greencard is nowhere in the near future. Would you still feel as secure and happy? I am not sure what country you are from, but would you make a salary close to what you are making here?
Security my friend, thats what a green card brings. I applaud you on your courage and bravery in just taking a chance and doing all these things, you will likely be fine and get your green card eventually but taking risks can bring consequences as well. Many people are more risk averse than you.
A GC is going to make finding a job a lot easier & is going to make you feel much more secure than a H1 is a fallacy in my opinion. I think, if you currently have a H1 job, you have proved your worthiness in the job market. In fact, you are probably better off than a GC holder, since you are forced to be on your toes to maintain and update your skill set for fear of the difficulty in finding another H1 job.
I have plenty of (EB) GC friends around me who got their GCs through their job through the 1996-2000 .com boom, but now have trouble finding their 1st right job, post the GC. They missed out on the 2002-2005 housing boom, all the time while I, on a H1 was reaping the fruits of taking the risk and getting in while still waiting out on my GC.
Besides, in a global economy US jobs themselves are far less secure than during any other times in modern day history, so even a US citizenship is not going to make one feel secure with regards to employment.
What is going to make you feel secure ultimately is being well qualified & well skilled. For people with the right qualifications and skills there will always be a H1 job (or for that matter a well paid job no matter what the geography) out there. In my opinion, having the right skills and qualifications is one's security, and that�s what I have always banked on while moving so forward on a H1.
Security my friend, thats what a green card brings. I applaud you on your courage and bravery in just taking a chance and doing all these things, you will likely be fine and get your green card eventually but taking risks can bring consequences as well. Many people are more risk averse than you.
A GC is going to make finding a job a lot easier & is going to make you feel much more secure than a H1 is a fallacy in my opinion. I think, if you currently have a H1 job, you have proved your worthiness in the job market. In fact, you are probably better off than a GC holder, since you are forced to be on your toes to maintain and update your skill set for fear of the difficulty in finding another H1 job.
I have plenty of (EB) GC friends around me who got their GCs through their job through the 1996-2000 .com boom, but now have trouble finding their 1st right job, post the GC. They missed out on the 2002-2005 housing boom, all the time while I, on a H1 was reaping the fruits of taking the risk and getting in while still waiting out on my GC.
Besides, in a global economy US jobs themselves are far less secure than during any other times in modern day history, so even a US citizenship is not going to make one feel secure with regards to employment.
What is going to make you feel secure ultimately is being well qualified & well skilled. For people with the right qualifications and skills there will always be a H1 job (or for that matter a well paid job no matter what the geography) out there. In my opinion, having the right skills and qualifications is one's security, and that�s what I have always banked on while moving so forward on a H1.
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