Indian national stuck in Green Card limbo forced to return after her husband’s death

Suhas Khamgaonkar
Suhas Khamgaonkar

Suhas Khamgaonkar boarded a flight to India last week, “as her husband died while in line for Green Card,” her attorney tells The American Bazaar.

As fall begins to bring cool air and Americans start preparing for the arrival of Thanksgiving Day, when families will come together to celebrate and cherish togetherness, Suhas Khamgaonkar is spending days all by herself in India, far away from her only daughter, Riti, who is in the United States.

Khamgaonkar, wife of a highly qualified chemical engineer who arrived in the US on an H-1B visa, boarded the flight to Mumbai on October 17. The reason: Avinash Khamgaonkar, Suhas’ husband, died in 2015, while waiting for his Green Card. As a result, as a spouse on a dependent H4 visa, Suhas Khamgaonkar lost her right to be in the US.

The story of Khamgaonkar, who had been a resident of New Jersey since 2005, is by no means unique. While she was forced to move back to India, families of tens of thousands of Indian nationals currently in the United States on H-1B visa and stuck in the Green Card backlog are facing an uncertain future.

“I have clients from India with whom I’ve been working for 15 years and have been waiting in the backlog now over a decade,” said Portland, Oregon,-based immigration attorney Brent Renison, who represents Khamgaonkar. “Meanwhile, I have other clients who are being approved after only a little over a year. The difference? Place of birth. This is not only insidious discrimination based on nationality, but it is supremely unjust.”

Explaining the emotional, professional and financial toll it takes on families waiting in line, Renison, who has been practicing immigration law for more than two decades, said, “These families are torn apart when their kids, who came as young children, age out and have to find their own way in the terrible system.”

The lawyer said the Khamgaonkar family suffered immensely because of the Green Card backlog. “My client Suhas Khamgaonkar came here with her husband, Avinash, and daughter Riti, when Riti was just 11 years old,” Renison said. “Now she has aged out and had to get her own work visa, which relied upon her graduating in engineering from university and luckily being picked up in the lottery for an H-1B. But not everyone is so lucky to even have that possibility.”

Khamgaonkar family
Suhas Khamgaonkar (right) with her late husband, Avinash, and daughter Riti (center). Khamgaonkar family file photo.

He said that after Avinash’s death, while waiting in line, Suhas was forced to leave the country for India. “She is being forced out because the law doesn’t permit her to continue to stay here and wait, even while the law permits her to take over her dead husband’s petition,” the lawyer said. “I worked on the law that allows this, but no one knew back in 2009 that the backlog would become so long.”

Renison added, “[Suhas] will not be able to come back and even visit her daughter, her only surviving nuclear family member, for several years, while she awaits her August 2010 priority date to become current. Right now, 2009 priority dates are being processed at a very slow rate — each month the cut-off date moves forward just about 5 days. That means a 1-year difference in priority date equals a 4- or 5-year wait longer. So, she might be waiting a total of 5 or 6 years now, unable to come to the US in the meantime, and she’s already waited nearly a decade.”

As Avinash died waiting for his priority date to become current, Suhas, was able to get the immigrant petition transferred to her under a 2009 law. “I helped get passed for Surviving Relative Consideration,” Renison said. “But she has been forced out of the country now because there is no provision for survivors to continue waiting in the United States.”

Riti, in the meantime, lost her eligibility for a Green Card with the family, due to her aging out, at age 21. This family has been torn apart by the long waits.

If Avinash had been born in another country, they would have become permanent residents years ago, and both Suhas and Riti would have become US citizens by now.

Currently, Indian Green Card applicants are campaigning for the passage of a Senate bill that would remove the country-specific quota. The US House of Representatives passed the “Fairness for High Skilled Immigrants Act,” or H.R. 1044, in July. But its companion bill S. 386 has been stuck in the Senate, with a number of senators, including Sen. Dick Durbin of Illinois, Sen. Patrick Leahy of Vermont and Sen. Rand Paul of Kentucky blocking it.

Durbin, an Illinois Democrat, and Paul, a Kentucky Republican, have introduced their own bills in place of S.386.

Renison and other immigration attorneys say that the current system is unfair for Indian Green Card applicants, for whom the long wait often comes at a great cost to their personal, professional and financial stability, as it happened with the Khamgaonkar family.

Arguing that the “Fairness for High Skilled Immigrants Act would level the playing field, Renison said, “Once S.386 passes, we’ll have everyone on a level playing field, and we’ll discover that we do not allow enough immigrants to immigrate. My hope is that lawmakers will finally see the truth of this when everyone is in the same boat.”

RELATED POSTS:

The newly passed H.R.1044 raises caps for family-based green cards (July 10, 2019)

How Netra Chavan channeled her own frustrations to build an H4 and H-1B visa support system (February 14, 2019)

RHC’s H-1B rally demands elimination of Green Card backlog, protection for ‘DALCA’ children (February 10, 2019)

Trump talks about changes in H-1B Visa, including a possible citizenship (January 11, 2019)

Trump’s tweet on H-1B and path to citizenship evokes lukewarm response (January 12, 2019)

Waiting for the Wait to End: The human face of Indian immigrants caught in the Green Card backlog (December 4, 2018)

H-4 and H-1: Time for Indian immigrants to speak up on immigration policy, says author Amy Bhatt (January 5, 2019)

The unstable life of Indians on H-1B visa in the US due to visa renewal policy (October 28, 2016)

High-skilled Indian workers, DALCA kids, rally on Capitol Hill to clear green card backlog (June 15, 2018)

Reverse brain drain – the experience of three couples who moved back to India from the US (January 20, 2014)

143 Comments

  1. Welcome back to India.. The Trump will run down the nation just as he did with Casinos and some other properties. His aim next 4 years will be to get Deutsche Bank write off all the loans. Mark my words.. the guy is the Mussolini of the 21st century. (read speeches if you have doubts)

  2. Democrats for illegals and Republicans are for legals. If Romney would have been President things would have better for sure.

  3. LAKSHMI DEVI Bemplasseri

    I don’t know anything about the immigration system in the US, but, in India, ever since independence and partition, Bangladeshis have been migrating to India illegally. Not in ones or twos, but in droves. Add to that the “migration” of terrorists from Pakistan and Afghanistan, and the Rohingyas from Myanmar, and the already overpopulated India is ready to burst at the seams. None of these invaders can be deported because they are vote banks. Would you believe that a bangladeshi film star campaigned in the parliament elections in Bengal?? Also, the left- liberals would oppose the move, since pandering to the minority and opposing anything done by the major community is their modus operandi.

  4. Himanshu Kumar

    The biggest issue is we Indians only hire Indians. We dominate the IT world.

    • No that’s not true. You can apply this to one community who has misused this work visa and settled in big nos here. The problem of backlog is because of them and Eb1C manager category abuse. To understand what’s happening one needs to be here from 2007. USA is not fixing the loopholes and genuine applicants are suffering. This whole issue started after 2012 when an average guy started applying in Eb1C with their cos help. Why because he wanted immediate GC. These cos are WITCHES. The wait time in employment category should be same for all except those who has extraordinary skills or PHD. There should be a cap on H1b visas. But no one is doing that because backlog means business. In the US almost all categories are getting GC and not earning except Eb2 applicants.

  5. Long waiting, law abiding, legal immigrant

    I have seen Muslims abusing US to the core, there are cases against many Chinese who spy to steal technology from US and some countrymen burn American flag. But now all are united against Indians and the coffee event where an Iranian who gave green cards to Indians with all floor laughing at the height of racism is seen normal. There are 14 million illegal immigrants and those who champion humanity advocate for DACA, support Diversity Visa for those who never stepped in, Refugees / Asylum seekers and their family members, altogether forming 96% of GC’s…. But, accusing legal Indians to show their racist mindset..

    • Whole Immigration doesn’t make sense abusers are getting GC and genuine ones are waiting last 10-15 years doing everything correct. Almost all Immigration categories in the US are like charity Immigration. People don’t earn it they are getting it. ROW H1B visa holders are also against this because they like their privilege and want GC immediately. No country other than US gives ppl GC like this. Backlog is also because one community wants to settle in the US anyhow & thy have misused H1B. Fixing loopholes and putting a cap is the only solution.

  6. Many outsourced American tech workers have lost homes, pulled children out of college, and suffered health crises due to the stress of being displaced. Still, these are not the only problems with outsourcing.

    Social Security and Medicare payroll taxes have been affected, and now these are in trouble (2022 and 2026) because of the overall lowering of US wages which today continues. Many visa programs don’t even contribute to these funds and the fact that wages have be lowered is not a good thing for Senior Citizens, many who depend on Social Security and have no pension.

    Senators Lee’ and Harris’ s386 and the passed h1044 change the entire system without a discussion, or a recorded vote.

    Companies are global, so the fact that US workers are displaced, Senior Citizens will be taking a benefits cut, payroll taxes are going to go up for all workers to fund the SS shortfall, and that the US military is suffering from the lack of US college graduates going into the tech fields is not a concern to them, but it ought to be to the rest of society.

    • Tanay Mishra

      Don’t worry Elizabeth. The days of these H1B, L1, J1, OPT-EAD indians are numbered. All they know how to do is visa fraud, resume faking and job stealing. But all that will stop now and hopefully, permanently. Trump WILL be reelected and with a landslide, no less. Steve Miller’s just itching to kick these freeloader bums out of the country forever. Their entitlement-minded mentality just sucks. Meanwhile keep writing your senator, call your local congressman/woman and complain as much and as loudly as you can. Because if you don’t, your kids and grandkids will be homeless, that’s a guarantee. The india inc. lobby is well-funded, organized and they’ve also hired some of the big lobbying firms in DC. So quite formidable and should be taken seriously.

      • Why you came to US, what are you doing here. Don’t make some stupid comments.
        We are dying here to secure my kids feature.
        They are growing here, they got they wisdom here, they don’t know how to move in India if they go back. Can you send your kids to India now and then grow them there. Can you dare to do it. Don’t make some stupid ass hole comments.

        • so you feel entitled to freeload and cause harm to US citizens because you have selfish desires for you and your own family? what about the already homeless people who don’t have a job here?

          • Right. I working on AI and Analytics. Ever heard about TensorFlow. I also have over 11 years of experience in delivering secure and scalable web applications. So the homeless guy can work on the stuff I do? If yes, I will donate my job to him.

      • No Tanay… the Indians did not take your job as a chemical-engineer , or neurosurgeon… you just didn’t become one.

        • Tanay Mishra

          No thank goodness I’m not a stupid poorly paid chemical engineer, quite happy making 7-figures on Wall St. But what about JANITORS like YOU who got to clean people’s pee and poo all day long???? Ponder over your sorry useless life and your miserable worthless existence first, I dare say!!!

      • Mishraji apni motherland UP ko thhik Karo kyunki tumhare jaise logon ki vajah se good states are also becoming bad in India.

      • Mr Mishra, your fake name can’t hide your hatred and racist attitude. You are simply because of birth citizenship otherwise you wouldn’t have the privilege you have. Also, when your forefathers came here they didn’t have any job offers or had to go thru labor certification or visa interview or any demonstrable skills. Everybody immigrated at some point, the later ones were just scrutinized more.

    • While I don’t support all these people bashing the Indians for the fact that everyone here except the American Indians, different immigrants got different migration stories, back in the days or centuries ago many migrants came illegally of which a clam said that Donald Trump’s mother, Mary Ann Macleod illegally immigrated to the US in 1929, whether true or false, my take is that everyone one here immigrated for one reason or the other but all for freedom and better life.

      But having said all, it serves the Indians right, the only country in the world that are so backward and stupid at the same time to hate themselves and their skin color but instead worshipping light skin, regardless of how educated an Indian is I regard them as educated-illiterates. They go to any length to lighten up their skin to look like the Caucasians but funny enough the same Caucasians call them “smelly Indians”, it’s wrong but it serves them right. Appreciate the color of your skin because you are the original.

      • Wow from where did you bring this? Indians are fair and wheatish that’s it. What Immigration has to do with this?. Only people from Andhra are after US not all. They created this situation and Eb1C abusers. Other Indian population is from Charity ( Family ) Immigration. USA Immigration brings 70% free loaders from all around the world and there is no concept of merit based Immigration.

    • Free loaders are in Family Immigration, Diversity visa lottery, Asylum, Refugees, DACA, DAPA, Visitor’s visa fraudsters, Birth right citizenship which makes 70% of the US population.
      H1B visa holders from other countries get GC immediately and than they bring whole family under family Immigration.
      Eb2 India is the only category where applicants are waiting since 2009 because they are genuine and not abusing the system. And all these yrs they pay taxes for their income here and back home.
      Fix the H1B program And Immigration. USA govt has that control not India.

    • Labor certification is a process that all employment based immigrants have to go thru. You can’t mix the offshoring companies with the other companies who intend to keep jobs in US. You and your forefathers luckily didn’t have to go thru any vetting process so you are simply privileged by birthright.

    • H1b visa holders don’t get their social security taxes back. They go thru labor wages determination for months before getting labor certificate. Interestingly your logic applies only to the Indians who wait for decades or more and not the ones who get green card instantly.

  7. Tanay Mishra

    Her husband died in 2015. What is she still doing in the US??? Why hasn’t she left already?? Because she obviously wanted / wants a better life for herself (let alone her daughter) than India can ever provide. No sympathy for such folks. They came here on their own, that dude SHOULD have been aware of what risks he was taking mid-career by UPROOTING his family and displacing them in NJ. Why? And now they’re conveniently crying wolf. ALL OF THEM SHOULD BE DEPORTED ASAP, PERIOD. New Jersey has become another Gujarat for crying out loud.

    • Why you came here? Obviously for a better life… All are here for a better life
      She stayed here based on 2009 law. Please think like human.

    • Chandu Jamadar

      Go Back to India. What you doing here ? Did you came on chain immigration ? Well that should stop first Eating government benefits ? How many belong to your family ?

    • Tanay Mishra, who are you? If you live in the US, how did you get here? Think about all the fraudulent activities that you were involved in to get to the state that you are in right now to judge other people. Every irresponsible and idiotic comment that you are making here is lowering the knife that is hanging above you head. Take care.

    • Whatever her reason to be here, she was here legally. You are in the USA too. So why are you upset with her? As long as she was legal, I don’t see any issue. What makes your reason to be here valid but hers not valid.

      • She must have stayed till her H4 visa is valid and to apply for this provision. USA is full of illegal criminal border crossing people and 70% free loaders from other Immigration. Recently two Indian cops were killed by this illegals just because they stopped the car Bec were violating traffic rules. Can they do the same thing to White cops no. It’s all hypocrisy and illegals/free loaders/abusers are more welcome here.

    • Her daughter is here. I mean why would you understand family love. It clearly reflects from your comment that you are another ignorant folk or hate competition from other talented Indians.

    • Do you even understand what has happened? It was untimely. Second thing Eb2 applicants are senior experienced ppl not students. Can you ask the same thing to DACA’s parents? And those illegal parents who just abused birth right citizenship?
      Can’t you read in the article there is a provision for such spouses tht thy can stay till their H4 visa is valid.
      Hypocrisy 70% population in the USA are free loaders. Democrats are supporting such Immigration.

    • Hate mongers like you do exist.

  8. You are all immigrants

    How did you conclude he’s a cheater without going through the documents yourself?

    • This guy is a joker. It’s a big exercise for Indian Eb2 applicants to live on H1B while waiting for your PD to be current. It’s all scrutinised by USCIS and Govt. Such untimely things are dealt differently.

  9. While I feel sorry for their situation I don’t agree on the statement that they are discriminated based on nationality. The immigration systhem is such that every country in the world get the same amount of green card and therefore it doesn’t discriminate base on the nationality like they claim. The problem with indean nationals is that they are simply too much. Part of it is because they abuse the systhem with fake H1 visa and overload the systhem. Some indean National claim to be high qualify while they don’t even have a master or PhD. This doesn’t happend for the rest of the world where most of the applicant have a high degree. So unfortunately families like this one where there is a real high qualification suffer because of the abuse of they own co-nationals.
    All this articles are just a cheap propaganda to make people feel sorry and accept the supposedly “fare acta” although is nothing but fair. Likely there are senators about there that really see the root of the problem.

    • Its Indian NOT indean. Please don’t tell me you have secured merit based Greencard.

    • Tanay Mishra

      Absolutely….there are already 6.5 million of them here, over 2 million of whom are ILLEGAL and more want to get into the US in a mad rush, thanks to Modi.

      • What do you exactly mean by “them”. You belong to their category, unless u r an orphan adopted by someone generous enough to adopt someone named Mishra. Else you are a hateful person trying to pretend u r a Mishra. Shame on you. U didn’t fall down in the US from the sky. Your parents would die reading what you write about your own ex-countryman. Unless u r an a**hole pretending to be a Mishra

      • 2 million of them are ILLEGAL? How do you know? Then why are you quiet despite knowing 2 million of them are illegal. Aren’t you ashamed to keep quiet? Now, tell me how you landed in US and prove that you are human and not a racist or a somebody who can’t compete. Or else I assume you are one loser in life who is scared.

    • indean, seriously? And you have merit based Greencard?

    • Low Skilled

      Spelling mistakes, bad grammar, buddy, i hate to break it to you. You are even lower skilled and a disgrace than these hardworking immigrants. You should take ESL classes first and then talk about PhD or masters.
      Please go fuck yourself

    • From where did you conclude that other nationalities who migrate here are genuine and highly qualified? There is one state of India is crazy about the US and they created this problem. Do not apply this to all. Filing I140 endlessly for backlogged country is also wrong. Backlog has become a business. Stop giving false hopes and fix the abuse at all level. 70% immigrants are free lauders in this country.

    • Well said RoPa!!

      You are right. Plus i don’t see anything wrong if the goverment is trying to stop the immigrants from pouring in by restricting its policies. If they allow everyone to come in then America will not remain America.

      A country is because of its people and America has been so generous by letting all the immigrants in, but what if these immigrants try to over- take it all?

      American government is only trying to save interest of its own people which I see is not wrong at all. That s why we have government systems in place. To save the interest of its indigenous people, people who belong here and have no where else to call home. Not the immigrants who are lured here simply to leech on the systems and benefits that these Americans have put in place by their hard work.

      In fact educated ones belong to their homeland where they should give in their best to make countries like India at-par with America.

  10. When a immigrant group becomes this dominant and takes up 85% of H1B visas, its really hard to feel sympathetic. Why is this situation unfair to the wife and kid? Surely they must have made enough savings coming here without any student loan debt, doing a well paying job (well above median wage in USA) – can they not go back together and be together in India? What is the issue really? Are their lives at risk? India has no civil war, or a natural disaster, or gang violence or anything like that. The only reason they want to be here is GREED.

    The right thing to do would be to make H1B eligible for just 6 years and no more. The I140 route has been exploited way too far in more than tripling number of H1Bs in the country and made it next to impossible for an american to get a job in IT. This family should have been sent back in 2011, they should consider it goodwill from the US they were let to stay this long together.

    • You are all immigrants

      Because they made a life here for 15 years, and in a 3-person family, when one person dies, it is easier said than done to uproot your life and “go back to your country” when this country is as much theirs as it is yours

    • Also please request you to make up your mind. Are Indians cheap labor undermining US worker wages or being paid above median wages. H1 is a dual intent visa. I140 is not an exploitation. Same argument for someone from Greece would not be had since he would be a citizen.

    • Sam ,

      I have a 16 year old who can here when he was one. He does not know his home country as much as he knows this one. When he has to go back at 21 he is will not know what to do there coz even though he visits for him it is not his country. We came here on an H1 visa from an Indian company. But my husband’s skill set was so much in demand that the US client he was working for transferred his H1B. We had not asked for it but this option was offered to us. By then our second child was born and was a US citizen. We would have cared less where we stay. But now it is too late to say the same. Coz now the question is no longer about our lives. It is about our kids who for all practical and emotional purposes are American in heart and mind. So either we break them and take them back to India or we break our family and let them live here while we go back. It’s a tightrope walk which I hope you never have to face.

      • Tanay Mishra

        Its better you send your useless 16 year old to Nigeria, you moron!! You’re wasting his life even more than yours, but wait, you don’t have a brain so how would you figure that out. NO ONE FORCED YOU OR YOUR STUPID SON TO COME HERE, SO SHUT UP AND GO BACK TO INDIA. You’re not welcome nor wanted here no more.

      • And what makes you think your problem (or your kids) is unique and that it deserves special merit? Every country has expats and sends expats in the global nature of today’s business. I lived abroad as my parents were stationed abroad. I had to learn language and customs of my home country. It wasn’t easy but then life isn’t easy either. Should I blame the country I grew up in for not giving me citizenship or should I wonder why my parents had to move abroad in the first place knowing fully well the consequences it would have on their children’s upbringing?

        It’s a complex question with no easy answer. But one thing is certain, I think times of expecting sympathy and goodwill from Americans are long gone. It’s not reasonable to expect them to feel any sympathy when citizens are themselves struggling to survive paying off their debts and living paycheck to paycheck. To be frank, this woman has enough savings to go back and live comfortably and is not forced to work just to pay off her debts. That in itself is a blessing many immigrants conveniently ignore. Lot of it has to do with getting cheap education outside the US and coming here with a clean slate. Naturally, most citizens are at a disadvantage to start with given the thousands of dollars in student loan debt they have to pay off even before they start their first job. They have every reason to be outraged.

        Same holds for you. Be happy to actually be saving money and not be worried about finances every other day. And if you still have a problem with uncertainty in immigration you are free to return back to India. You will still have a better job and career prospects than many Americans as jobs keep getting off-shored to India every passing day.

    • Sam ,

      I have a 16 year old who can here when he was one. He does not know his home country as much as he knows this one. When he has to go back at 21 he is will not know what to do there coz even though he visits for him it is not his country. He would be like a refugee that’s all. We came here on an H1 visa from an Indian company. But my husband’s skill set was so much in demand that the US client he was working for transferred his H1B. We had not asked for it but this option was offered to us. By then our second child was born and was a US citizen. We would have cared less where we stay. But now it is too late to say the same. Coz now the question is no longer about our lives. It is about our kids who for all practical and emotional purposes are American in heart and mind. So either we break them and take them back to India or we break our family and let them live here while we go back. It’s a tightrope walk which I hope you never have to face. And yes I totally agree , had they specified h1 is for 6 years we would have very much taken a call on staying back instead of sacrificing my career to come here. This is a 2 part problem. Make new rules going forward but consider the case if people who have live here for more than 10/15 years. My husband has done none of the frauds that people mention here. He has been with the same company since he came here. This generalization that all are fraud is the most irresponsible thing one can do.

    • Goodwill? They paid the social security taxes for you. Aren’t you ashamed to claim those taxes? Who are you to tell how and where I should live. Is this a dictatorship or democracy. If somebody is afraid to face the competition then it’s you and your comments shows it. So you want to be in US because it’s GREED. Everybody is GREEDY dude. Next time you get your paycheck donate every penny of it, because you are not GREEDY of money.

      • Ram J, you pay taxes and what makes you think that the citizen does not? They do it too. So it is not something that you are doing different than them. You pay taxes for the same reason they do. Aren’t you enjoying the better roads, and services for the taxes you pay to their government?

        Now, the topic of being GREEDY , yes everyone is greedy in their own way.
        Americans are greedy for the same reason as you are …. to save their jobs, give better life to their kids…live a comfortable life. so when they have the same intentions as you, they are wrong and you are not! thats very smart.

        So how is the intention of an immigrant different from the citizens or people who are real “AMERICANS” ….is because immigrants want to leech on the system that these people developed for themselves with the 400 yrs of sweat and blood. We simply want to benefit from the system that we never helped make. So technically should not belong to us either.

        I feel grateful to these Americans and their government that they allowed us to be here at first place and still welcome us with open arms. But sadly they invite us as guests and we try to over take their home! what would you do if a guest tries to become permanent in your house? give the share of your house or try to kick them back?

    • 70% Population that comes from other charity categories are free loaders in this country. Filing perm has become a business why would someone stop that? It’s a common sense that it’s going to be backlogged Bec h1B visas are lottery. Small countries will have small no of applicants and vice versa. What about nod of yrs one spent here and handled this complicated work visa Immigration. Those who haven’t filed a single extension won’t understand.

  11. David biswell

    Good.by most of them came here and tried to change this country into thered they are pissed because it didn’t work so good by go back and change your country

    • Answer by heart.. American Indians told you to go back but you didn’t. Africans told you to go back but they were brought here as slaves. Iraqis asked you to go back but the country is destroyed now. Now legal immigrants are asked to go back by saying, it is only your country..

    • 70% immigrant population in this country are free loaders. First correct that than discuss H1B Immigration.

  12. The problem with this country is there are a lot of ignorant people, and it seems most are conservatives who adore the most unqualified US President, and a Russian symphathizer. While most Americans college kids get degrees in business, and education most of the Indian students specialize in engineering, and medicine. How do you think America will keep it’s economic leadership in the world if it can’t attract the best, and the brightest. The Conservative mindset don’t see the world that way, but see it in terms of an Aryan world mentality.

    • Indians always criticize Americans and america when they are in a position of disadvantage. Every one knows India is a third world country and the prime minister is a murderer.

      Once Indians have positions of authority they start to game the system. The big Indian IT shops took over the h1b and they cheat. They replace American workers with cheap labor from India. It’s time to get rid of H1B

      • Chandu Jamadar

        Go back to you home country with your family

      • Oh now you scared of cheap labor? The average Indian makes more than 70k which is wayyyyyy more than the average wage in America. How come Indians are cheap labor here? Next time, if you need somebody to replace your roof or redo your kitchen, please don’t search for the guy who does it for less. Got it? I challenge you to follow this. Now please tell us how you landed in US or how your fore-fathers came to US. Also tell what happened to native American Indians.

      • Why India became third world country because Europeans came in the name of business looted their wealth and refused to leave for 200 years. Do deal with Thirdclass neighbors to talk in their lang. one needs a strong prime Minister and he is.

      • It’s a third world country which landed on Mars in the first attempt/had 90% success on moon landing in little budget. It has so many engineers that jobs are outsourced there. If one will exploit employers Bec they are US citizens no one will have job in the future. It will go away like manufacturing jobs to China.

      • They don’t replace them US cos hire them. USA has control over H1B visas not India.

        • I feel grateful to these Americans and their government that they allowed us to be here at first place and still welcome us with open arms. But sadly they invite us as guests and we try to over take their home! what would you do if a guest tries to become permanent in your house? give the share of your house or try to kick them back?

    • Removing per-country cap only serves big tech ($$$) and that’s why bills are being regenerated every time they get blocked by senate or house.

    • foiajfawoeij

      If Americans are so stupid to not do engineering and STEM or whatever it is you think they aren’t doing, why are here to be among the stupid Americans? If America is so stupid, you should go back to India with all your smart Indians. Don’t be a greedy piece of dishonest shit.

  13. When you employment based green card application (I-140) is APPROVED, you shouldn’t be waiting for decades to get the damn f***ing green card!
    That, my friends, is what’s wrong with the immigration system here! These people, waiting in like, supporting S.386, are all APPROVED by the USCIS to get the damn green card.
    The yearly per country quota to print the cards is what’s blocking USCIS to actually give the cards to these people and change their status.

    These applicants don’t even get an EAD when their application is approved. While DACA applicants get the EAD when their application is approved. Such a Shame!
    Demon rats suck.

    • Indeed it’s a mistake. Maybe they shouldn’t have been approved by the USCIS in the first place to get the green card.

      • Don’t forget you or your ancestors are immigrant too in this country so don’t spend too much of your brain to think about other immigrants who came here legally

        • Oh dude people are tired of hearing that. You and your ancestors are Indian too so may be you should just stay in India.

          It’s you who presumes everyone is racist because you yourself are one.

      • It’s a business. Because USA has 70% free loaders coming in with GC from other immigrant categories. This is the only category and country all are making money. Backlog is a business no one wants to solve it.

      • At least there is something like USCIS in this category. Other categories don’t even have to deal with USCIS much. Illeterates come with GC in their hands and enjoy benefits.

    • For the first time I read something sensible in the comment section.

  14. “No, this family is torn apart because they were unsuccessful at gaming the US immigration system”. This statement is totally flawed and ill-informed. They are in this situation not because of H1-B, its because of outdated and discriminatory Green Card system that discriminates based on the country of origin while allocating Green Cards. If this family was from any other country they would have been citizens by now. Please note that their Green Card application was already approved by US government years ago but due to the current outdated system they had to wait endlessly. While waiting for the GC, US government allows them to stay here legally by extending H1-B visa. Please get your facts correct and dont pass biased judgments. Please have a heart to empathize with their sufferings. When their GC application was approved years ago, they did not know that they would have to wait so much. The entire country is discussing illegal DACA kids and their sufferings despite knowing that their parents came here illegally breaking the laws of the country but hardly anyone is talking about the sufferings of legal immigrants who have followed the every law in the book, paying taxes and contributing the economy of the country.

    • Very well said Kinjal! But when there is racism and hatred at heart who will worry about fairness. The I140 being approved means that u r approved to get the GC. It’s like you go to the store, buy something, pay with your hard earned money for it and then the shopkeeper says, “ well I can give only 10 of these today. Please come back tomorrow “.

      • Not quite. It’s like joining a new job and then expecting it to stay till you are 65 years old. Layoffs happen all the time because companies performance is subject to change and may not be able to support the same amount of paychecks.. It’s the same with the country – if the economy is not doing well a country cannot admit as many immigrants. Yes I know you will scream that unemployment is really low and jobs are going unfilled but that in itself is a metric that in my mind does not capture a lot of critical elements like how many people have given up work, how many are working part-time and how many are working a completely different field from what they are qualified for etc. It’s no secret that high wage professions have seen a decline since the recession and much of the new jobs been created are blue collar ones with lower wages.

  15. Bill S386 is one of the worse senarios in the immigration system. Senator Durbin and others properly block this bill. This bill transfer the indian problems to the rest 190 countries. Senator Drrbin proposed a new bill which solves the problem of all including Indians.

  16. Zahra Abdollahnejad

    S386 is the worse bill in the immigration system. They are pushing to transfer their problems to the rest of 190 contries. Senatir Durbin and the rest properly block this stupid bill and propose a new bill, which solve the problem of allnations including Indians.

  17. The smelly Indian. No one has stopped you to pack your stuff and go back to India. You had entered this country as temp based on a stupid law that give access to employment by successful candidates around the world ( most Indian at this point has fake resume or have a direct link to the sponsoring company. The agent has charged them a bunch of money and has sugarcoated the whole process.

    Now I understand the husband Qualified but why were the daughter And mother allowed to enter the USA.. another scam I can go over it another time.

    Let face it… if you hear Indian you bet it has some ingredients of scam. They take some SAP 6 weeks course and polish their resume. Ask any Indian to name all the companies they worked for with dates. And name their supervisors name at each job. 100% not even a single Indian would known because they supply fake resume.

    Once I copy and paste a direct paragraph from the resume on Google…. and the a whole dublicate resume showed up on my computer. Now you know why this country is on blacklist.

    • Can you come check my documents for me? And send me back if you are able

    • A smelly Indian

      And bring me some deodorant while you’re at it. I’ll supply my address when you’re ready, you racist bigot

    • Dude!! For your god’s sake, please go back to middle school, learn sentence formation & re-apply for your Greencard. Given your English skills & with GC in-person interviews, I’m sure your application would be denied this time . Sounds like you are a loner without a girl/wife in your life. Wishing you best with the halal business!!

    • India is on blacklist? LOL. Next time brush up your GK dear racist. Then we can talk about your fake news.

    • Who made this stupid law? Stupid peoplr. Students also file through this stupid law. Stupid law is so stupid that can’t fix it. Now deal with this stupid law. Only stupid will hire stupid to damage their profit. Everything is so stupid free loaders from other categories come up with this stupid story. You want to say that USCIS and Govt is not checking visa applications correctly and employers can’t figure out who is fake. Everyone knows who is using begging visa.

  18. Removing the per country cap will make everybody wait for more than a decade( and it will keep increasing) and this will happen for everybody who is waiting. more famlies will have this situation because there are so many indians.( Whoever wrote this post, did not think clearly. It is simple math)
    If they don’t want to wait they can go somewhere else. Also, if this guy is highly qualified, there is a category of visa where the wait is much shorter for indians, so this means they are not solving any problems but taking jobs from americans.

    • First think who is giving them work visas and why?

    • Than don’t make backlog a business. One category there is a cap and on the other side H1B visas are dual intent – lottery. Problem was going to happen. Low skilled Eb1C intnl manager fraudsters got citizenship and Eb2 applicants are paying the price. Don’t fix the abuse but make genuine applicants fool for 12 years because date movement’s are random according to abuse than ask them to go. Meanwhile 70% free loaders from other categories have arrived on GC and became citizens. DACA/DAPA and illegals have bright future as they got an EAD and will get GC without any contribution to the US. DACA kids parents are still here and so illegals who gave birth to 4-7 kids here.

  19. Cecile Bartlett

    Skilled professional immigrants coming to the United States , on HB1 visas are not cheating Americans out of job in their own country. This country is known as the Melting Pot , and was built by iimmigrants from all over the world. Americans lack ambition, education and they dont want to work. United States is place of oppourtunities with so much to offer instead of taking advantage of it Americans ,it sad Amrricans talking about birthrights they need ti know their history and leave welfare and drugs get an education and do something with themselves.

    • Sarabjeet Kaur

      Oh really? So how long have you been here?? America and each of its cities is just a bunch of ghettos, nothing else. Your ass is a melting pot, you fake-name indian idiot.

      • Did you come on fake asylum visa like ppl still coming here? Southall is ghetto go and see it.

      • Everyone knows what jobs you do and how you settle in the US/UK and Canada. 311 uneducated ppl mostly from Punjab just deported to India from Mexico border in Indian Govt.’s plane.

    • Greed and sue culture that’s why they want. Now a days if they fire any locals things are even worst (taking lives of colleagues) people don’t respect what they have. Even they want to exploit employers. That’s why all manufacturing jobs are out and there is nothing left for semi educated except taxis/delivery jobs which 70% immigrants from family, Diversity refugees are taking away bec thy get immediate GC without any contribution to the US.

  20. sumair sajid

    Good one. I meant

  21. The. Above comments by some are cruel to the extent they forget their parents came here generations ago as immigrants. There is nothing more legal than coming here legally by a visa and continuing to stay here by legally extending visa and not cheating in other ways! Shame that some forget this nation is a nation of immigrants!

    • So they left (or had to leave) LEGALLY, why all the fuss?

      • right, Dvorak. When an immigrant comes here they are aware of the risks too.

        I feel grateful to these Americans and their government that they allowed us to be here at first place and still welcome us with open arms. But sadly they invite us as guests and we try to over take their home! what would you do if a guest tries to become permanent in your house? give the share of your house or try to kick them back?

    • Free lauders and illegals are more welcome in the US.

  22. Vincent Lee

    The family can reunite in India

    • You are all immigrants

      It’s not a reunion when
      A. They lived elsewhere for 15 years and started a new life and
      B. THE FATHER IS DEAD

    • Chandu Jamadar

      First of all you go back to you country don’t worry about them

    • Yes after unnecessary 15 yrs extensions, paying visa stamping fees, paying taxes at all income here and back home just because some ppl abused the system in Eb1C mgr category. Abusers are citizens and Eb2 applicants should leave. Good logic. DACA has sympathy bec their parents are illegals and spouses have no sympathy because the primary applicant was legal.

      • I feel grateful to these Americans and their government that they allowed us to be here at first place and still welcome us with open arms. But sadly they invite us as guests and we try to over take their home! what would you do if a guest tries to become permanent in your house? give the share of your house or try to kick them back?

  23. JJ & Righteous, Have some sort of shame or fear (either works for you) of God up there.
    If you can’t help (or even Pray), least you could do is, leave the page and close the browser without being Judgmental. There is NOT a single evidence that shows that H-1B workder has taken away the job of American Citizen. whereas, most of the inventions in USA has been done by Immigrants.

  24. It’s call discrimination if u were born in Russia how come Russian mingle so easily in USA because they look white

  25. Wow! God bless America how sad are we!! Meanwhile! A fiancé visa, a scorned wife after fiancé leaving for another woman must still support her immigrant husband!! How sad is the immigration system. The immigrant fiancé should be deported also and the USA citizens would be free from sponsoring and being cheated on. Sad cases all around.

  26. “ This family has been torn apart by the long waits.”

    No, this family is torn apart because they were unsuccessful at gaming the US immigration system. They came here on a temporary visa cheating Americans out of jobs in their own country and managed to exploit a temporary visa into nearly 15 years. Absolutely nothing prohibits the family from being together in India. Not being together is their choice.

    • Did you reflect how your wife and kids would feel if they were in the same situation?

      • No, we dont reflect on leaving our own country and stealing jobs from someone born and raised in the ountry we want to live in. We stay in our lane. Most countries protect jobs for their citizens. The US doesnt care about that. But you mistake this for the US caring about immigrants. Immigrants are a source for cheap labor in most cases, nothing more. Hard to feel sorry for a family that has taken away the potential for a better life from someone born here and struggling to make a decent wage in their chosen profession. Having seen the ugly side of what H1B has done to the average white collar worker, I have 0 empathy for those taking advantage of it.

        • 100% spot on

        • You are all immigrants

          If you are American, you are a descendant of an immigrant, and someone who did anything but stay in their lane, rather came here and committed genocide of people who already laid claim to this land.
          Your foundational arguments are just so illogical, it’s easy to see why you have no sympathy. You can sit in your privileged little bubble and type comments to people who have nothing to do with you

        • A chemical engineer with two master’s degrees is hardly cheap labor, darling. Please read and try again.

          • then Qualified ones like them should try helping the chemical industry in their own country. Try making India America because if people like them stay back, I am sure we have the power to be as great as America.
            Then there will be time when people will want to immigrate east not west.

        • curious george

          why was it ok when your ancestors did not want to stay in their own country and decided to show up on US shores on a boat, for a better life, which ultimately gave you guys citizenships, and why is it wrong when we try to come today, totally legally using professional skills and after being invited by your own companies? Atleast we didn’t decimate the local population in the process of immigrating

      • sumair sajid

        You Indians already replaced lots of Americans from their jobs

        No sympathy

        • Chandu Jamadar

          And you middle eastern spoiled americans by eating government funds. Indians does not eat anything from government you living on indians money go back to home

      • I wouldnt put my family in a situation like that.Go home and stop stealing jobs.

      • Ashamed of America!

        I hate Trump! America is a country not a business. It’s people like you that make me want to just throw away my American citizenship and give it to someone else, so they can listen to your bullshit. You after as dumb minded as he is. I vote to impeache you!

    • “No, this family is torn apart because they were unsuccessful at gaming the US immigration system. They came here on a temporary visa cheating Americans out of jobs in their own country and managed to exploit a temporary visa into nearly 15 years” — This is non-sense. H1B is a dual intent visa. Meaning a person can come here temporarily, but then if the employer wants to keep the employee permanently, they can petition for a green card. That is what happened in this case. This article is 100% spot on. If this person was not born in India, they would have already been a citizen.

      • Spot on? Seriously if someone is given a job… and even extended but if the sponsoring spouse die they must leave the country. The facts were known to them before they entered this country.
        Im not sure the employers are extending their employment either because they know that 99% of Indian resume, work history is all fake. They are the biggest liars in the business. I mean all IT resumes are fake. They will call you pretend to be IRS agents or Call from online Pharmacies.

        All Indian should be kicked out from the USA. Any Indian found to be lobbying to turn the laws in their favors should be prosecuted.

        • Chandu Jamadar

          Go back to your home country do not use government benefit here. Indians gives lot of money to government you living on their money Please leave now

          • I feel grateful to these Americans and their government that they allowed us to be here at first place and still welcome us with open arms. But sadly they invite us as guests and we try to over take their home! what would you do if a guest tries to become permanent in your house? give the share of your house or try to kick them back?

    • Are you even competent enough to hold his position! There are so many positions, Americans don’t want to fill!

    • Rennie Allen

      To be clear there was no gaming of the immigration system going on. These were people following the process who were screwed over by a useless Congress that has been unable to increase the available visas in 40 years.

    • sumair sajid

      Food one.. agreed

    • “No, this family is torn apart because they were unsuccessful at gaming the US immigration system”. This statement is totally flawed and ill-informed. They are in this situation not because of H1-B, its because of outdated and discriminatory Green Card system that discriminates based on the country of origin while allocating Green Cards. If this family was from any other country they would have been citizens by now. Please note that their Green Card application was already approved by US government years ago but due to the current outdated system they had to wait endlessly. While waiting for the GC, US government allows them to stay here legally by extending H1-B visa. Please get your facts correct and dont pass biased judgments. Please have a heart to empathize with their sufferings. When their GC application was approved years ago, they did not know that they would have to wait so much. The entire country is discussing illegal DACA kids and their sufferings despite knowing that their parents came here illegally breaking the laws of the country but hardly anyone is talking about the sufferings of legal immigrants who have followed the every law in the book, paying taxes and contributing the economy of the country.

    • JJ..!! If you don’t know how the system works, please SHUT UP..!! H1-B/L1 is dual intent visa , which means that after satisfying the labor condition ( Salary, posting etc), it can be used to file the permanent residency..!! This is not B1 visa where you can game the system.. !! Moving from H1 to GC is LEGAL. Period..!

    • WOW!! typical reply that you get from someone who doesn’t know anything abt the current immigration system. Know the difference between a temporary visa and a green card ?? It costs $10k for filing a green card and we are made to wait for more than 20 years, paying property taxes, medicare,social and finally only to get kicked out?? thats called fraud!

    • Chandu Jamadar

      Forget about Gaming system there is nothing to game about for broken immigration system. H1B is legal scam running by authority to milking money and put people in the trap of infinite years of long wait to settle their life. this issue should brought up to the world to show malpractice of the system

    • A chemical engineer with 2 masters degrees didn’t come to this country to take you out of your Supervisor position at McDonalds you inconsiderate moron. I hope that when you pass on your family isn’t subjected to any similar torment that this family and other families have been through.

    • Chandu Jamadar

      Check it out these guys Tax statements. find out whether he is using any govt benefit. What actually he contributing to society. being born naturally we will not revoke your citizenship but we will take further steps to eliminate such a cheaters.

    • JJ , they could stay only because their I140 was approved. Which means they were shown a carrot and made to stay here thinking at some point their GC would come. Hope you understand the carrot here.
      If all Indians left today the US IT will collapse. 90% serving in the IT even for the govt are Indians. And believe me there are not enough educated America to replace these guys. Try recruiting.

      • Tanay Mishra

        Who are you frikkin kidding!!! The moon landing didn’t happen because of indians, the auto, medical devices, semiconductors, telecom…. I could name the entire SIC here … NONE of these industries or the companies in each sector came about because of indians. Lasers, photonics, robotics, telemetry, nano and biotech….. can you even SPELL these??? They were built by us Americans, go figure. You idiots could NOT land your useless moon buggy (thanks to your buggy “software”) … it CRASHED and burned. And now your third-rate IT bodyshops have infected Boeing, with their cheap $9 an hour visa coolies from Hydrabaja and Telangurna. Go back to India and ruminate over this for a few years.

    • Go and do some research on work visa Immigration and study the pattern of work visa allotment after 2007. While I am replying some free loaders entered the US with GC in their hands to shout we are locals we are locals.

Leave a Comment

Your email address will not be published. Required fields are marked *

*

This site uses Akismet to reduce spam. Learn how your comment data is processed.