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vallabhu04-07 02:00 PMSituation definitely requires some action from Congress, H1B program was introduced to help

American Corporates so they can hire best resources from all over the world where Americans

are not available, American Corps started taking undue advantage by hiring even if Citizens

were available just because they are getting H1's for lesser price, and showed this

miserable path to desi companies who abused it further.

If the current situation (with out this bill by just adding more h1's) continues not only US

economy will suffer (The number of available right people for any job will be less as hey

would be working for some desi company making 20$ an hour) even H1 aspirants will start

suffering upon Arrival to US and also those who live here will suffer from immense

competition (Just because of the reason that every job posting will be flooded with 1000's

of resumes and only lucky ones get picked you may be best but your resume has to be picked

for an interview call), as the number of jobs are lesser than people coming.


Unlimited H1 may be a solution but it is not practical, If the numbers are available then

desi companies won't bother to file so many applications without actual job, it makes

situation better for new H1's coming to US they will have a job instead to joining a desi

company and sitting on bench for long time(after quitting their job in India)

Coming to this Bill, Even if it is so threatening they have some good points to bring curbs

on H1 Employers who bring them here without actual job, People who are destined to come to

us will come for a better life.

IF Durbin wants to help US he has to make bill which is practical and should address how up

clean up existing mess, This bill is not practical and will definitely face lot of

opposition.

Unfortunately politicians in any country have to take decisions based on how it is going to

gain their party and in terms of votes and later how is it good for the Country, they will

have lot of pressure from various other factors which we don't understand and they don't

understand us.

Their decisions are based on the data they have available with provided by few agencies whom

they trust and closely work with, If they are taking a wrong decision that means either they

don't have complete data or not properly educated. as we are getting affected It becomes our

responsibility to provide them complete data and educate them totally of the situation, so

they make a correct decision and address the issue, and to do that in US affectively we will

need millions of $'s.

For bill to be more practical it should address 500,000 people who are living here for past

several years and who's kids are US Citizens and also own homes. And also American Companies

who are utilizing skills of these people.



If 500,000 contribute 20 $ each we will have 10 Million and we can make ammendments the way

we want it to be.

If 10000 members contribute 100 $ each we will have 1 million which is not bad but this not

practical either.


My final Cut even if this kind bill passes or another bill with more h1's passes we will be

in same situation, the best for us could be this kind of bill with more practicality.

So with our limited resources we will have to do what we can and give all our efforts (Call

your senators) and leave the rest to god.


I tried to mobilize couple of my friends, they are like "No, take it easy this will not

happen" if this is the attitude guys remember you have something in your hands today and if

the bill passes in its current form even if you want to contribute 5000$ to stay in this

country you will not be able to do that as all of us would be packing to go back.



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Sunx_200407-10 02:53 PMJust follow the law. There are lots of protections in it for us.

UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.



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gapala06-05 08:03 PM>>
If the key innovators/management are in/from US - a lot of the profit of this corporation would stay in the US - either in the form of taxes or return paid to shareholders. In fact, I would argue that the intellectual properties (that US would "own") will be more valuable than the value addition from the grunt work in China/India. So your comment suggesting that US is no longer adding any real value to the world economy is probably misplaced.

And what happens if the Lou Dobbs types are successful and US goes down the drain? Well - then all of us are well and truely screwed and the economy, its trends etc become meaningless. The world has many major issues to face in the next 100 years - global worming, over population, depleting natural resources etc. If there is no center of innovation any more (like the current US) - then all the calculations we do about economy and all will probably be irrelevant. When you are fighting for survival then economy does not matter - your next bowl of rice does.

Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?



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Refugee_New01-06 05:24 PMWhat would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!

My point is, they keep the spotlight on Hamas and go kill as many innocent civilians as possible.

Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.

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Macaca07-08 09:04 AMI have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com.

Please post URL of this file. Thanks!



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Administrator204-06 09:03 PMThis bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?

Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

Please inform your friends, colleagues and employer about this very serious problem.

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sanju04-07 01:52 PMCan there be a differentiation between extensions/renewals/company changes and new H1bs?

In some sense there already is, since the former are not subject to cap, while the latter are.

So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

Here is why -

People who drafted and proposed this bill wants us all out PERIOD. They don't care if we are already on H1 waiting for our green card or if it is a new H1. The restrictions want us all OUT. Some people on this forum have elitist attitude (alias, I am not referring to you here, simply making a point after reading some of the post) because they either do not work for the consulting company or they are have Masters from a US Univ. Big deal�. If this passes, these people will elitist attitudes will soon realize what they would be up against.

IEEE-USA and Ron Hira et al say that they want to speed up the green card process but they oppose H1 visas. However, for whom do they want to speed up the green card process when they don�t even want people on H1 in US and are proposing a bill to systematically purge us all from US.



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pappu07-14 09:35 AM[Eb-3-I is also participating in calling and contributing..]

[For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]
[This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]


Some answers to your questions:
- Due to visa wastage and pressure from several corners, DOS is trying its best to avoid any wastage this year. We should feel happy that this is happening. Now EB2 is getting benefit because, they are getting spillover from EB1 and EB2ROW. The last bulletin clarified it as there was confusion on how this allocation happens. If EB3 has to benefit from it, then EB2 needs to get current to get the spillover. I do not see that happening for a long time for EB3 India as a lot of people must be in the queue for EB2India. Thus this may not be the best approach for EB3 India.

If you write a letter asking for dates to move for EB3, that will not work. If you write a letter saying you are waiting for long and you should get greencards, my guess is the response will be that there are so few visas and so many applicants. Refer to the recent sub-committee hearing on visa wastage and backlogs and you will get answers.

- Lawyers cannot influence any decision through their contacts as they may have claimed to you/you got that impression (If at all they have any and if they say, then they must be reported because they cannot do it. In my opinion they cannot 'use contacts' to get decisions in their favor). If you have that impression that it is incorrect and illegal. If any lawyer has told you that, then he must be reported.

If any lawyer has told that DOL had asked labor to be filed in EB3 instead of EB2, then I have not seen any such communication from DOL. Ask your lawyer to produce that for you or ask him to give this to you in writing. I do not recollect that kind of news. Laws were not changed even if there was recession in 2001-2003. If you think the lawyer has misled you, you must take action against your lawyer. But I do not believe DOL asked people to file in EB3 instead of EB2. If that was the case then we need a proof and IV should look into that.

- IV had anticipated the difficulty in getting legislation this year. Thus we had started the admin fix campaign early this year and had been pushing for it real hard. However we could only get 4K letters from a 30K membership. A lot of them were anonymous. We are still deadlocked on the 3 Lofgren bills. Only 179 people made the calls from IV in the last 1.5 months.

So the solution is there but we need to get massive participation first. People can certainly write to the administration as in the admin fix campaign, but the question is can be have massive participation.
We all really need to brainstorm and come up with an idea that will ensure massive participation and present compelling reasons for administration or lawmakers to act. If you think letter is the best option then get the active members involved in reviewing and revising the draft before you start a campaign. Make a really strong case. IV will welcome anyone leading an effort and working on it aggressively.

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psvk08-05 04:48 PMWell said I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.



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Macaca02-24 07:33 PMIndian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004

In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

The author writes.

"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.

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rockstart07-14 03:37 PMBecause when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack


All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.



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satishku_200008-03 05:05 PMWhat exactly is the difference between current and future employments in the context of Perm labor certification and 485. I have seen people using two things interchangeably to suit their arguments. In context of finding ability to pay is there a difference in the way adjudicator looks at two things?

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mihird07-17 12:06 AMThis thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.

......

Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

Randall,

How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.

Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...

In reality this setting does two things.
1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).

2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!

Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)

WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.

A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..



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unitednations07-17 12:08 PMUN..

from your experience...

I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?

I am of the opinion that one should stay on h-1b as long as possible. As you can see a lot of people have started to go through their status issues. If one starts using EAD and employer revokes 140 then you will be in big problems.

Yes; I do know people who got greencard based on future base employment. Before Jan., 2005 it was an automatic interview if a person wasn't working with the petitioning employer when they filed the 485. However; now it doesn't cause an automatic interview.

When USCIS asks for tax returns/w2's in their RFE; they are checking whether you maintained status and also whether it is reasonable that you will be taking the job. That is; if you are currently employed with company a and your w2 is $120,000 but you are getting greencard through company b and the offered wage is $80,000 then uscis will question your intention.

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sidchhikara04-06 10:24 PMBut congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered
what are you saying? The above post is totally incoherent



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Pagal03-23 05:39 PMHello,

I had similar calls two times from IO so far...first to ask for documents (which I sent last month) and second on past Saturday to ask if I could come to the office to give new fingerprints (as the old ones have expired).

It is nice to see USCIS becoming more proactive...all the best!

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munnu7712-18 02:54 PMSign of very rare good pakistani journalism:

http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs

Worth reading.

good article..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades



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nojoke09-29 07:35 PMSo you are ok with "colateral damage" to your GC ? I have never seen a school force creationism on a child, as for reading its the same everywhere (i remember in india my catholic shool was at pains to teach us that Ramayan was a legend...i didnt change my religion because of that). How many wars were fought during regans adminstration? Do you remember the tax rate during the Carter years? people were shelling out 17% on home loans while banks were paying 13% interest on their CD's. Media driven pontification is ok as long as you can substantiate them with valid reasoning. (Clinton years were good for us but some say that it laid the foundation for the dot com crisis, which lead to easy credit and so on)

Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.

Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.



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sledge_hammer03-24 04:11 PM>>>>Why don't you give me the proof that ALL consulting companies are not complying.
The fact that most of the companies that USCIS is coming after are desi consulting companies proves that MOST desi comapanies are corrupt. There you have your proof.

And I have not seenn any non-desi company use the "bench". Since you support your desi company, tell me how many non desi consulting companies don't pay their employees on bench?

Answer the above question before calling me ignorant.

P.S: And when did I say that non desi consulting companies don't have to comply with USCIS rules???

1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.



Vsach01-09 06:14 PM:confused:

Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????


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sanju05-16 11:26 PMLooks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.

http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms


Kamalnath will do us all and the 9 companies a great service by staying out of this debate. He has already contributed by making "ignorant" statements like 'H-1B is a outsource visa". This guy has no clue about the issue at hand and he simply talks in broad strokes. If he jumps into the debate, that could be the last straw to break the camel's back. We will all be better off without him.