rockstart
07-14 02:27 PM
People in Eb3 visa are not our enemies most of these people are our friends. We all have friends in both categories suffering. The issue exploded because of the contents of letter drafted by pani_6. It was pitting eb2 vs eb3. We all agreed all along that entire immigration system needs to be changed but here we have a letter that says dont give visa's to eb2 because we are not getting any. That I feel is unfair because all these days these spill visa's were going to ROW and people like pani_6 were perfectly happy but once their friends from eb2 (Ind) started to get them he was crying fowl.
About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
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kannan
08-14 07:34 PM
To United Nation
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
Amma
01-06 06:10 PM
What Israel is doing is pure state terrorism.Isreal is grid locking the gaza strip and punishing gazans because they elected Hamas. World policeman America will advocate democracy to the world but refuse to accept democratically elected Hamas. What a selective measurement ?
Israel always sees that they are in upper hand. I strongly condemn the poking of Hamas by firing rockets into Israel.They teased the elephant and now they are suffering. This is a cycle. In this war neither party is going to win.Both fools will suffer because of their madness.But innocent people who got in between these two thugs will suffer the most. That is the fate.
Take Srilanka. If the srilankan government gives reasonable autonomy to the Tamils , that isssue would have sorted out long time ago. See what is happening now ? Srilanka is air bombing its own citizens and killing in dozens.
Which country is condemning this ? All are keeping quiet.Now, Tamil tigers will start their terror tactics then whole world will condemn their act.
So, unless there is give and take policy it is a endless cycle of destruction and agony.Unfortunately, the sixth sense is not working in those conflict regions.And suffering of the common innocent citizens is continuing.
Israel always sees that they are in upper hand. I strongly condemn the poking of Hamas by firing rockets into Israel.They teased the elephant and now they are suffering. This is a cycle. In this war neither party is going to win.Both fools will suffer because of their madness.But innocent people who got in between these two thugs will suffer the most. That is the fate.
Take Srilanka. If the srilankan government gives reasonable autonomy to the Tamils , that isssue would have sorted out long time ago. See what is happening now ? Srilanka is air bombing its own citizens and killing in dozens.
Which country is condemning this ? All are keeping quiet.Now, Tamil tigers will start their terror tactics then whole world will condemn their act.
So, unless there is give and take policy it is a endless cycle of destruction and agony.Unfortunately, the sixth sense is not working in those conflict regions.And suffering of the common innocent citizens is continuing.
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like_watching_paint_dry
07-16 10:10 AM
Don't yell at me. I agree with most of you guys. I am also a masters degree holder from a US university and waiting for my GC and I think the body shops created most of the bad reputations for the h1-bs. Even though some of you say it is a small percentage, I disagree. If we also push for some h1-b reform, may be we can get what we want. Usually a bill develop as a package.
Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.
If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D
If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.
You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.
DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.
You can use these forms and file a complaint:
http://www.dol.gov/esa/forms/whd/WH-4.pdf
http://www.usdoj.gov/crt/osc/htm/charge.htm
Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.
If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D
If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.
You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.
DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.
You can use these forms and file a complaint:
http://www.dol.gov/esa/forms/whd/WH-4.pdf
http://www.usdoj.gov/crt/osc/htm/charge.htm
more...
GCInThisLife
07-19 02:17 PM
UN,
Sorry for sending the PM.
This link was provided in another thread regarding H1B status. Not entirely sure what it means.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Sorry for sending the PM.
This link was provided in another thread regarding H1B status. Not entirely sure what it means.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Macaca
11-20 11:02 AM
A Call to Advocacy for Nonprofits (http://www.washingtonpost.com/wp-dyn/content/article/2007/11/19/AR2007111901333.html) By Jeffrey H. Birnbaum | Washington Post, November 20, 2007
Charities are sweet things, but Gary D. Bass wants them to get rough and tumble when it comes to dealing with government.
In his new book, "Seen But Not Heard: Strengthening Nonprofit Advocacy," Bass and three co-authors argue that charities need to lobby more often and more effectively. "Democracy would be better off," said Bass, executive director of OMB Watch, a nonprofit group that pushes for government accountability.
Most people -- and, clearly, most charities -- think of lobbyists as corporate frontmen trying to grab taxpayer largesse for themselves. They also consider lobbying kind of dirty, given the criminality of infamous lobbyists such as the now-imprisoned Jack Abramoff.
But lobbyists come in all shapes and sizes, including the charitable sort. Bass's book, which is part of a larger effort called the Strengthening Nonprofit Advocacy Project, or SNAP, is a useful reminder of that.
Bass has been trying to convince charities for years that they should not be afraid to lobby. He and others, including the Center for Lobbying in the Public Interest, have even devised ways to ease -- or at least simplify -- the limitations now imposed on charities so they can press their causes more aggressively.
That's right, they are lobbying to be allowed to lobby more.
Conservative lawmakers and a few campaign-finance scholars don't like the idea. They worry that, among other things, the ability of charities to keep their donors anonymous could lead to huge and largely untraceable infusions of cash into elections, all under the guise of lobbying.
And please, call it advocacy. Charities don't like to use the "L" word. Only a third of nonprofits polled recently owned up to "lobbying" two or more times a month. But when asked if they "advocate," closer to half admitted to that.
Many nonprofits also are unsure how much lobbying the law permits them to do. Only 72 percent even knew that they could support or oppose federal legislation. (They can, up to a point.)
Bass's biggest problem is convincing charities that they not only can make their case to government, but that they really ought to do so . In effect, he needs to convince his fellow do-gooders that lobbying is not so bad.
"Nonprofit lobbyists have been involved in nearly every major public policy accomplishment in this country -- from civil rights to environmental protection to health care," Bass said in an e-mail. "Tens of thousands of lives have been saved by passing laws that improve car safety and reduce drunk driving."
"In other words, nonprofit lobbying is an honorable tradition," he added, "and not just the ugly Abramoff side" of the profession.
Convincing charities of that, however, will not be a snap.
Charities are sweet things, but Gary D. Bass wants them to get rough and tumble when it comes to dealing with government.
In his new book, "Seen But Not Heard: Strengthening Nonprofit Advocacy," Bass and three co-authors argue that charities need to lobby more often and more effectively. "Democracy would be better off," said Bass, executive director of OMB Watch, a nonprofit group that pushes for government accountability.
Most people -- and, clearly, most charities -- think of lobbyists as corporate frontmen trying to grab taxpayer largesse for themselves. They also consider lobbying kind of dirty, given the criminality of infamous lobbyists such as the now-imprisoned Jack Abramoff.
But lobbyists come in all shapes and sizes, including the charitable sort. Bass's book, which is part of a larger effort called the Strengthening Nonprofit Advocacy Project, or SNAP, is a useful reminder of that.
Bass has been trying to convince charities for years that they should not be afraid to lobby. He and others, including the Center for Lobbying in the Public Interest, have even devised ways to ease -- or at least simplify -- the limitations now imposed on charities so they can press their causes more aggressively.
That's right, they are lobbying to be allowed to lobby more.
Conservative lawmakers and a few campaign-finance scholars don't like the idea. They worry that, among other things, the ability of charities to keep their donors anonymous could lead to huge and largely untraceable infusions of cash into elections, all under the guise of lobbying.
And please, call it advocacy. Charities don't like to use the "L" word. Only a third of nonprofits polled recently owned up to "lobbying" two or more times a month. But when asked if they "advocate," closer to half admitted to that.
Many nonprofits also are unsure how much lobbying the law permits them to do. Only 72 percent even knew that they could support or oppose federal legislation. (They can, up to a point.)
Bass's biggest problem is convincing charities that they not only can make their case to government, but that they really ought to do so . In effect, he needs to convince his fellow do-gooders that lobbying is not so bad.
"Nonprofit lobbyists have been involved in nearly every major public policy accomplishment in this country -- from civil rights to environmental protection to health care," Bass said in an e-mail. "Tens of thousands of lives have been saved by passing laws that improve car safety and reduce drunk driving."
"In other words, nonprofit lobbying is an honorable tradition," he added, "and not just the ugly Abramoff side" of the profession.
Convincing charities of that, however, will not be a snap.
more...
GCScrewed
07-13 06:34 PM
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.
People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.
This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.[/QUOTE]
I am just stating the fact. The position was not my position. So I can't speak too much about it. But that was the person who worked there told me. The most important point is that a lot of EB2s do not deserve it at all. This is especially true for smaller companies including those body shops, where a lot of wiggle room exist on how you describe the job requirements. In large companies, they tend to have more strigent requirments on what category to file. A lot of people filed under EB3 before the retrogression starting in late 2004 and 2005 because they did not pay too much attention on this issue (that's their bad - lessons learned).
Although I don't see the data yet, I bet if you compare the proportion of EB2 applicants (or EB3 applicants), you will see a great difference before and after late 2004. Why? Because that's when the EB3 retrogression started and people began to move onto EB2. Are there so much more EB2 positions after 2004 than before? I doubt.
I think that's what really make people upset, esp. those got stuck in every stage, from BEC, I140, from name check and 485. All these simply because they changes something without considering those in line already.
Just my observation.
If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.
People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.
This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.[/QUOTE]
I am just stating the fact. The position was not my position. So I can't speak too much about it. But that was the person who worked there told me. The most important point is that a lot of EB2s do not deserve it at all. This is especially true for smaller companies including those body shops, where a lot of wiggle room exist on how you describe the job requirements. In large companies, they tend to have more strigent requirments on what category to file. A lot of people filed under EB3 before the retrogression starting in late 2004 and 2005 because they did not pay too much attention on this issue (that's their bad - lessons learned).
Although I don't see the data yet, I bet if you compare the proportion of EB2 applicants (or EB3 applicants), you will see a great difference before and after late 2004. Why? Because that's when the EB3 retrogression started and people began to move onto EB2. Are there so much more EB2 positions after 2004 than before? I doubt.
I think that's what really make people upset, esp. those got stuck in every stage, from BEC, I140, from name check and 485. All these simply because they changes something without considering those in line already.
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GoneSouth
04-07 06:45 PM
I think everyone should take a deep breath. This bill hasn't even made it out of committee yet. The Bush administration has made it clear that they are pro immigration and pro h1-b. I'll never say never, but I think it's very unlikely that this bill will ever get to the president's desk, and even less likely that he will sign it.
more...
unitednations
08-02 12:50 PM
Thanks UN
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
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Ramba
08-05 01:50 PM
Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.
PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.
PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.
more...
unitednations
08-02 12:50 PM
Thanks UN
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
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rvr_jcop
03-26 07:21 PM
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
Thanks for bringing this up. I hear so many explanations related to the work location.
The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.
The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
Thanks for bringing this up. I hear so many explanations related to the work location.
The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.
The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.
more...
house iPod Touch 5G Leaked - 128 GB
Macaca
05-27 05:39 PM
As Indian companies grow in the U.S., outsourcing comes home (http://www.washingtonpost.com/business/as-indian-companies-grow-in-the-us-outsourcing-comes-home/2011/05/17/AFZbrp7G_story.html) By Paul Glade | The Washington Post
Ray Capuana paces the rows of cubicles in a haggard high-rise a stone�s throw from Wall Street as his people hustle the phones and hope for a bonus check.
His employees are not bond traders, though. They are call center workers. Many are African Americans without college degrees. Some lack high school diplomas. They work for a Mumbai-based company called Aegis Communications.
India�s outsourcing giants � faced with rising wages at home � have looked for growth opportunities in the United States. But with Washington crimping visas for visiting Indian workers, some companies such as Aegis are slowly hiring workers in North America, where their largest corporate customers are based. In this evolution, outsourcing has come home.
Capuana, a manager for Aegis in New York, motivates this U.S. office with dress-down days and the prospect that workers could, one day, earn a stint training call center workers in Goa, India. One of his tasks is to staff 176 cubicles, where workers make or take calls for customers of prescription drug plans or Medicare contracts and enter and verify information. The pay runs $12 to $14 an hour, with bonus checks of up to $730 a month.
�Our recruitment model is simple,� says Capuana, who played Division III college football, wears rosary beads on his wrist and has a picture of Jesus above his desk. �I don�t care if you come from Park Avenue or the park bench. If you can do the job, we want you.�
Aegis, a subsidiary of India�s Essar Group, an energy, telecom and metals conglomerate, says it�s pioneering the next generation of outsourcing: putting the work close to its global customers. Its executives call the practice �near-sourcing,� �diverse shoring� and, sometimes, �cross-shoring.�
Madhu Vuppuluri, chief executive and dealmaker for the Americas division of Essar Group, remembers watching outsourcing grow in India in the late 1990s and early 2000s and thinking that the decline of U.S. call centers was overdone. He persuaded the billionaire Ruia brothers, Essar�s Indian owners, to let him make a counterintuitive bet: In 2000, he bid on the bankrupt assets of Telequestion, a 500-person call center in Arlington, Tex., for $2.5 million.
That led to other acquisitions in the United States and abroad. Today, Aegis employs 50,000 of Essar�s 70,000 employees on several continents. About 5,000 people work at nine U.S. call centers. Aegis, which is on the hunt for more acquisitions, has said it aims to triple its U.S. head count, to more than 15,000.
The strategy is based on the old-fashioned idea of being close to your customers. It�s one embraced by companies such as credit card giant American Express, insurer Humana and government agencies, which sometimes prefer on-shore call centers to handle customer service for sensitive life insurance, financial or health-care products.
�The customer is the king,� Vuppuluri said. �Wherever the customer wants the services to be, we can provide.�
Visitors on visas
At its U.S. sites, Aegis says, 90 percent or more of its workers are American. In that way, Aegis is an exception to the rule. Until now, India-based outsourcing companies have largely brought Indian workers into the United States using H-1B visas and L-1 visas and have been the heaviest users of those programs.
In India�s $60 billion software-exporting industry (which employs roughly 4 million people worldwide), Aegis is competing with companies such as Wipro, Tata Consultancy Services, Genpact, WNS and Infosys. Most are expanding their outsourcing work � from call centers to high-tech consulting and financial services � to the United States. In many cases, it�s a key part of the companies� growth strategy. But political and economic forces in this country and India complicate things.
Some say the visa practice has hurt U.S. jobs and wages. These new visa categories were created by the Immigration Act of 1990, allowing foreigners to work in the country for up to six years. The aim was to lure high-tech talent. Tech America, an industry trade group, says that the visas are crucial to American innovation, future competitiveness and job creation.
But they have been abused, too. In a study released in 2008, the government found fraud and technical violations on 20.7 percent of H-1B applications. Violations ranged �from document fraud to deliberate misstatements regarding job locations, wages paid and duties performed,� said Donald Neufeld, of the Department of Homeland Security, at a March hearing.
Immigration officials and the State Department have worked to crack down on the fraud.
�There will be, in any situation, an effort to go around the law,� said David T. Donahue, deputy assistant Secretary of State for Visa Services. �Our job is to catch the companies doing that.�
:DSome lawmakers are looking to curb the practice and to encourage the India-based outsourcing firms to follow Aegis�s model of hiring Americans at U.S. sites.:D Issuance of regular H-1B visas � 10,200 so far this year � is down 43 percent percent from 2010, according to federal data. Last year, the Obama administration added a roughly $2,000 fee per H-1B visa for large companies, which could be curbing applications.
In the past, if, say, BNY Mellon inked an IT contract with Infosys, Infosys would handle 70 percent of the work in India and send 30 percent of its project staff to the United States on temporary work visas. These Indian workers often live in ethnic enclaves on the outskirts of a city, work long hours and earn less than an American would for the same work.
Companies such as Tata Consultancy Services, Genpact and Infosys are the largest users of the H-1B visa program and have collectively brought as many as 30,000 workers into the country in a year on H-1B or other visas.
Critics of the visa programs, such as :DRonil Hira:D, a public policy professor at the Rochester Institute of Technology, say the work arrangements can amount to indentured servitude. The workers are often paid �home-country wages� in America. �That�s as low as $8,000 a year� with housing allowances, he says. The employers own the visas � so the workers can�t bargain for wages, and if they lose their job they have to leave the country.
Hira said Indian workers still make up more than 90 percent of most outsourcing companies� U.S. head counts. He and other critics argue that many of these workers are not more highly skilled than their American counterparts but are simply willing to work for less. �It�s harming American workers,� he said. �It�s taking away their job opportunities, bringing down their wages and harming their working conditions.�
The companies that use the visa programs have faced opposition from U.S. labor unions as well as age-discrimination lawsuits from American tech workers alleging that they were passed over by the hiring practices.
At the same time, as high unemployment lingers and the economic recovery lags, India-based companies have seized on an opportunity to improve their image and expand their U.S. businesses by taking over companies and hiring more U.S. talent.
Ray Capuana paces the rows of cubicles in a haggard high-rise a stone�s throw from Wall Street as his people hustle the phones and hope for a bonus check.
His employees are not bond traders, though. They are call center workers. Many are African Americans without college degrees. Some lack high school diplomas. They work for a Mumbai-based company called Aegis Communications.
India�s outsourcing giants � faced with rising wages at home � have looked for growth opportunities in the United States. But with Washington crimping visas for visiting Indian workers, some companies such as Aegis are slowly hiring workers in North America, where their largest corporate customers are based. In this evolution, outsourcing has come home.
Capuana, a manager for Aegis in New York, motivates this U.S. office with dress-down days and the prospect that workers could, one day, earn a stint training call center workers in Goa, India. One of his tasks is to staff 176 cubicles, where workers make or take calls for customers of prescription drug plans or Medicare contracts and enter and verify information. The pay runs $12 to $14 an hour, with bonus checks of up to $730 a month.
�Our recruitment model is simple,� says Capuana, who played Division III college football, wears rosary beads on his wrist and has a picture of Jesus above his desk. �I don�t care if you come from Park Avenue or the park bench. If you can do the job, we want you.�
Aegis, a subsidiary of India�s Essar Group, an energy, telecom and metals conglomerate, says it�s pioneering the next generation of outsourcing: putting the work close to its global customers. Its executives call the practice �near-sourcing,� �diverse shoring� and, sometimes, �cross-shoring.�
Madhu Vuppuluri, chief executive and dealmaker for the Americas division of Essar Group, remembers watching outsourcing grow in India in the late 1990s and early 2000s and thinking that the decline of U.S. call centers was overdone. He persuaded the billionaire Ruia brothers, Essar�s Indian owners, to let him make a counterintuitive bet: In 2000, he bid on the bankrupt assets of Telequestion, a 500-person call center in Arlington, Tex., for $2.5 million.
That led to other acquisitions in the United States and abroad. Today, Aegis employs 50,000 of Essar�s 70,000 employees on several continents. About 5,000 people work at nine U.S. call centers. Aegis, which is on the hunt for more acquisitions, has said it aims to triple its U.S. head count, to more than 15,000.
The strategy is based on the old-fashioned idea of being close to your customers. It�s one embraced by companies such as credit card giant American Express, insurer Humana and government agencies, which sometimes prefer on-shore call centers to handle customer service for sensitive life insurance, financial or health-care products.
�The customer is the king,� Vuppuluri said. �Wherever the customer wants the services to be, we can provide.�
Visitors on visas
At its U.S. sites, Aegis says, 90 percent or more of its workers are American. In that way, Aegis is an exception to the rule. Until now, India-based outsourcing companies have largely brought Indian workers into the United States using H-1B visas and L-1 visas and have been the heaviest users of those programs.
In India�s $60 billion software-exporting industry (which employs roughly 4 million people worldwide), Aegis is competing with companies such as Wipro, Tata Consultancy Services, Genpact, WNS and Infosys. Most are expanding their outsourcing work � from call centers to high-tech consulting and financial services � to the United States. In many cases, it�s a key part of the companies� growth strategy. But political and economic forces in this country and India complicate things.
Some say the visa practice has hurt U.S. jobs and wages. These new visa categories were created by the Immigration Act of 1990, allowing foreigners to work in the country for up to six years. The aim was to lure high-tech talent. Tech America, an industry trade group, says that the visas are crucial to American innovation, future competitiveness and job creation.
But they have been abused, too. In a study released in 2008, the government found fraud and technical violations on 20.7 percent of H-1B applications. Violations ranged �from document fraud to deliberate misstatements regarding job locations, wages paid and duties performed,� said Donald Neufeld, of the Department of Homeland Security, at a March hearing.
Immigration officials and the State Department have worked to crack down on the fraud.
�There will be, in any situation, an effort to go around the law,� said David T. Donahue, deputy assistant Secretary of State for Visa Services. �Our job is to catch the companies doing that.�
:DSome lawmakers are looking to curb the practice and to encourage the India-based outsourcing firms to follow Aegis�s model of hiring Americans at U.S. sites.:D Issuance of regular H-1B visas � 10,200 so far this year � is down 43 percent percent from 2010, according to federal data. Last year, the Obama administration added a roughly $2,000 fee per H-1B visa for large companies, which could be curbing applications.
In the past, if, say, BNY Mellon inked an IT contract with Infosys, Infosys would handle 70 percent of the work in India and send 30 percent of its project staff to the United States on temporary work visas. These Indian workers often live in ethnic enclaves on the outskirts of a city, work long hours and earn less than an American would for the same work.
Companies such as Tata Consultancy Services, Genpact and Infosys are the largest users of the H-1B visa program and have collectively brought as many as 30,000 workers into the country in a year on H-1B or other visas.
Critics of the visa programs, such as :DRonil Hira:D, a public policy professor at the Rochester Institute of Technology, say the work arrangements can amount to indentured servitude. The workers are often paid �home-country wages� in America. �That�s as low as $8,000 a year� with housing allowances, he says. The employers own the visas � so the workers can�t bargain for wages, and if they lose their job they have to leave the country.
Hira said Indian workers still make up more than 90 percent of most outsourcing companies� U.S. head counts. He and other critics argue that many of these workers are not more highly skilled than their American counterparts but are simply willing to work for less. �It�s harming American workers,� he said. �It�s taking away their job opportunities, bringing down their wages and harming their working conditions.�
The companies that use the visa programs have faced opposition from U.S. labor unions as well as age-discrimination lawsuits from American tech workers alleging that they were passed over by the hiring practices.
At the same time, as high unemployment lingers and the economic recovery lags, India-based companies have seized on an opportunity to improve their image and expand their U.S. businesses by taking over companies and hiring more U.S. talent.
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unitednations
03-24 11:45 AM
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
more...
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StuckInTheMuck
08-05 01:28 PM
Great going folks :D
Here is one (paraphrased from another):
Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...
Here is one (paraphrased from another):
Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...
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gsc999
04-06 11:32 PM
Certain provisions of this bill will create unnecessary hurdles for many H1_B visa holders and employers.
Thanks for highlighting. Lets take appropriate action.
Thanks for highlighting. Lets take appropriate action.
more...
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file485
07-09 07:01 AM
Hi Manu..
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
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prioritydate
09-27 06:55 PM
I wish Mc Cain to win this election. Republican party is good to India, pro-life, do not waste money and support same sex domestic partners. Their moral and cultural values are good. They do not increase taxes. Good for Industry.
I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.
Do you what you are talking about? One more term for GOP is a disaster. McCain would do nothing but spending more money on Iraq. There is no policy for John McCain. His only aim to continue Iraq war for 4 more years, and if possible, another four more years. They DON'T support same sex marriages. Remember! they are conservatives for God's sake. Republican party is good for oil companies and big corporates. For normal people like us, and specially for an immigration community, it would be an irreversible damage.
I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.
Do you what you are talking about? One more term for GOP is a disaster. McCain would do nothing but spending more money on Iraq. There is no policy for John McCain. His only aim to continue Iraq war for 4 more years, and if possible, another four more years. They DON'T support same sex marriages. Remember! they are conservatives for God's sake. Republican party is good for oil companies and big corporates. For normal people like us, and specially for an immigration community, it would be an irreversible damage.
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pitha
09-26 06:49 PM
You are not a citizen, you are not even a green card holder, you and I are H1, and whatever i said is from an h1 point of view. Dont think like a citizen or green card holder, think like a H1b and you will realize obama will roast us. with mccain it might be 4 more years of bush nothing good for eb but definetely nothing bad. The reason behind this thread is not to discuss socialism or capitalism in the general sense but through the lense of eb folks. Once we agree that obama\durbin CIR would spell dooom for us we can decide either
1. We contribute to IV and put one last fight
2. pack our bags and leave or
3. waste our time arguing about capitalism and socialism in the general sense, argue about health care, jobs, etc etc etc when we dont even have a green card.
This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.
1. We contribute to IV and put one last fight
2. pack our bags and leave or
3. waste our time arguing about capitalism and socialism in the general sense, argue about health care, jobs, etc etc etc when we dont even have a green card.
This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.
munnu77
12-18 02:54 PM
Sign 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
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
Emerson
04-07 04:55 AM
Durbin Grassley bill was timed to be introduced on April 2nd. It was thought, designed, planned and drafted well in advance before anybody would have known the date or time of when the H visa quota will exhaust. So there is no point in repeatedly saying that this bill is the result of quota finishing on day 1.
It is not a zero sum game that how many H visas Microsoft or Google or Intel got. And highly skilled immigrants working in these companies are not the only genius around. There is a lot of talent on H visa working in other companies. Microsoft is a responsible company and they understand that there just aren’t enough college graduates produced by the US universities. H visa holders contribute towards innovation helping the nation’s economy and they indirectly contributing towards progress even when not directly working for Microsoft or Google or Intel etc.
As administrator mentioned, this bill was being planned by the lobby groups working against H visa program for years. Here is a link dated 1999 showing that people have been working to end H visa program for long time.
http://www.colosseumbuilders.com/articles/miano_testimony.html
This bill is the work of same group of people and it does pose a real threat to H visa program.
H1 quota finished because of many reasons including:
1.) Companies waited for 1 year to hire someone they wanted to hire from outside. Last year also H1 quota did finish in April. So there was a backlog for some companies to hire people with specific talent.
2.) For some companies, green card backlog creates an incentive to hire on H visa. Trends suggest that US worker will most likely leave job with couple of years in IT sector. However, due to green card backlog, H1s cannot leave or change jobs for 6-10 years. This creates an incentive for “some” companies to hire on H visa. Solution to the problem is to fix green card backlog. If companies will know that H visa employee too could get green card in couple of years and could potentially leave, this incentive will get eliminated.
3.) The notion of something being scares creates added demand for it. This is what we are seeing with H visa quota.
This is a good discussion, please contribute to this discussion. I am here to learn.
It is not a zero sum game that how many H visas Microsoft or Google or Intel got. And highly skilled immigrants working in these companies are not the only genius around. There is a lot of talent on H visa working in other companies. Microsoft is a responsible company and they understand that there just aren’t enough college graduates produced by the US universities. H visa holders contribute towards innovation helping the nation’s economy and they indirectly contributing towards progress even when not directly working for Microsoft or Google or Intel etc.
As administrator mentioned, this bill was being planned by the lobby groups working against H visa program for years. Here is a link dated 1999 showing that people have been working to end H visa program for long time.
http://www.colosseumbuilders.com/articles/miano_testimony.html
This bill is the work of same group of people and it does pose a real threat to H visa program.
H1 quota finished because of many reasons including:
1.) Companies waited for 1 year to hire someone they wanted to hire from outside. Last year also H1 quota did finish in April. So there was a backlog for some companies to hire people with specific talent.
2.) For some companies, green card backlog creates an incentive to hire on H visa. Trends suggest that US worker will most likely leave job with couple of years in IT sector. However, due to green card backlog, H1s cannot leave or change jobs for 6-10 years. This creates an incentive for “some” companies to hire on H visa. Solution to the problem is to fix green card backlog. If companies will know that H visa employee too could get green card in couple of years and could potentially leave, this incentive will get eliminated.
3.) The notion of something being scares creates added demand for it. This is what we are seeing with H visa quota.
This is a good discussion, please contribute to this discussion. I am here to learn.
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