msp1976
02-01 12:21 PM
Please donot let this thread a self-flogging ritual...
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
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kubmilegaGC
09-14 11:25 PM
where is the poll at?
We were approved on 9/2.
Had opened an SR on 8/25 and had sent an email to TSC streamline on 9/1
Poll is NOW live - if you have used "OTHER MEANS" let us know by writing on this thread. Thanks so much!
We were approved on 9/2.
Had opened an SR on 8/25 and had sent an email to TSC streamline on 9/1
Poll is NOW live - if you have used "OTHER MEANS" let us know by writing on this thread. Thanks so much!
GCVivek
03-29 02:51 PM
H1b_Alex,
It looks like your post has met with resentment on the forum. Let's look at it openly and see if you have a case here.
1. The company gave you the i-797 to come the the USA which means they applied for you with USCIS.
2. They said they had a job for you. USCIS checked with DOL and agreed and approved the application. At this point you are their probatory employee.
3. Do you have any documentation (on legal letter head) showing the the company (employer) asked you to report to work on a certain day? If yes, positive!
4. You said you paid H1B fees. How did you do that from your home country? This is a negative since you broke the law.
5. You land here, assuming on a good estimated date based on when you were asked to report for work. Now, the employer (company) does not have a job for you. This is totally fine in the eyes of USCIS/DOL and US Law.
6. The only responsibility of the employer is to now to pay for the cheapest air fare (if air required) to send you back to your country.
Ofcourse, filing a lawsuit can be done even if you are not here but being here obviously helps A LOT when fighting such a case. However, chances of quick resolve=30%. Chances that you will win= 20%
The reasons are simple and outlined above. Sorry but your chances are slim. :(
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
It looks like your post has met with resentment on the forum. Let's look at it openly and see if you have a case here.
1. The company gave you the i-797 to come the the USA which means they applied for you with USCIS.
2. They said they had a job for you. USCIS checked with DOL and agreed and approved the application. At this point you are their probatory employee.
3. Do you have any documentation (on legal letter head) showing the the company (employer) asked you to report to work on a certain day? If yes, positive!
4. You said you paid H1B fees. How did you do that from your home country? This is a negative since you broke the law.
5. You land here, assuming on a good estimated date based on when you were asked to report for work. Now, the employer (company) does not have a job for you. This is totally fine in the eyes of USCIS/DOL and US Law.
6. The only responsibility of the employer is to now to pay for the cheapest air fare (if air required) to send you back to your country.
Ofcourse, filing a lawsuit can be done even if you are not here but being here obviously helps A LOT when fighting such a case. However, chances of quick resolve=30%. Chances that you will win= 20%
The reasons are simple and outlined above. Sorry but your chances are slim. :(
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
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srini1976
11-13 10:39 PM
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
more...
desi3933
01-28 04:05 PM
....
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
anuraj
04-26 01:16 PM
Accept my $50 contribution now. More on the way...
My other contribution is forwarding the message to all my friends.
Best of Luck for your work.
My other contribution is forwarding the message to all my friends.
Best of Luck for your work.
more...
sunny1000
03-13 03:04 PM
Folks,
This my copyright and very much pertain to our situation:
*********************
I left my world in search of prosperity
The prosperity is taking an eternity
My struggle is long and daunting
Making it more and more frustrating
Life at times seems uncontrollable
Flowing with the time unstoppable
Graying hairs testify for the feeling
Fat belly making me further unappealing
Sometimes I think of going back
Try to gather the courage that I lack
But the world I left is not the same any more.
And the world I am in, has lost its lure.
I am on the crossroad of my life
One is forward, one is left and other is right.
I don�t like the choices shown
May be I would have to create a world of my own
***************
Thanks
very well written...;)
This my copyright and very much pertain to our situation:
*********************
I left my world in search of prosperity
The prosperity is taking an eternity
My struggle is long and daunting
Making it more and more frustrating
Life at times seems uncontrollable
Flowing with the time unstoppable
Graying hairs testify for the feeling
Fat belly making me further unappealing
Sometimes I think of going back
Try to gather the courage that I lack
But the world I left is not the same any more.
And the world I am in, has lost its lure.
I am on the crossroad of my life
One is forward, one is left and other is right.
I don�t like the choices shown
May be I would have to create a world of my own
***************
Thanks
very well written...;)
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srini1976
11-13 10:39 PM
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
more...
h1techSlave
03-10 11:00 PM
This is more close to reality. There could not be many left in 2001. I would put 2001 pending cases to be close to 2000. In 2002 and 2003 nobody cared about EB2 or EB3. What ever the lawyer said, people agreed. So the numbers for 2002 and 2003 could be even higher than 20000 each. One solace is that many people may have migrated to EB2 using a second labor.
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
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vamsi_poondla
11-06 03:44 PM
In reality, many companies who have subsidiaries abroad can use L1 visa program. But H1B offers flexibility that is much desired by many companies. (It is very less abused compared to H1B). No numerical cap on L1B may not go well with many of us. But I am very +ve that the visas are not issued in anticipatory mode like H1B. And why do companies spend 5K if they do not want to get the worker here? Do they like waste money just like that?
Logically this highlights the real problem in the system - numerical caps. If the caps are not there and companies can get a visa-on demand, they will not spend 5K per visa on anticipatory mode. Because there is no need to do that.
So no system is perfect. We have to minimize abuse and act responsibly when it comes to sensitive issues like immigration...
Logically this highlights the real problem in the system - numerical caps. If the caps are not there and companies can get a visa-on demand, they will not spend 5K per visa on anticipatory mode. Because there is no need to do that.
So no system is perfect. We have to minimize abuse and act responsibly when it comes to sensitive issues like immigration...
more...
NKR
10-03 10:46 AM
US law offers student 1 year OPT to gain experience and find employment.
So you made use of this opportunity and you are asking others not to do what the law allows them to?...
fyi.. I am an EB2 I candidate and fyi� I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.
So you made use of this opportunity and you are asking others not to do what the law allows them to?...
fyi.. I am an EB2 I candidate and fyi� I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.
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obviously
07-16 06:20 PM
the revised version is more pointed.
Here are a few other points to consider and highlight:
- That the woes of legal high skilled immigrants are completely forgotten
- Despite the fact that they pay taxes, social security etc
- They represent a continued American heritage of immigrants chasing the Great American Dream
While H1B workers might appear to 'displace US workers', the crux of the issue is that in order for US companies to remain innovative and competitive they cannot afford to take a hoary protectionist policy in talent management.
High skilled talent finds level ground, wherever it might be.
While the old world order was about national boundaries and international competition amongst countries, the new world order is about a flat world where transnational collaboration and commerce can enable wealth and job creation in any part of the world!
The presence of high skilled foreign workers INSIDE the US
- ensures that jobs remain in the US
- ensures that resultant taxes remain in the US
- ensures that resultant investments target the US economy
- apart from ensuring US competitive and commercial advantage
The oft repeated arguments about 'local talent being available but not tapped' is borne out of a sense of elitist entitlement; something that runs counter to the great American Dream and the quest for constant innovation, creation, improvement and execution.
The need of the hour should be on how to enable successful assimilation of high skilled labor and talent into the US economy such that the economic engines of efficient productivity are not hampered by artificial tarrifs and barriers borne out of a broken immigration system.
The quest for a color-blind, talent-oriented, country-agnostic immigration system has a long and sometimes troubling, history.
While the old world afforded the luxury of years to rectify imblances and imperfections in policy constructs, the new world leaves little room for inefficient alignment of policies.
The need to fix a broken legal immigration system is as much an economic reality as it is to address detrimental effects in womens' rights (spouses' rights), labor rights and free markets.
Here are a few other points to consider and highlight:
- That the woes of legal high skilled immigrants are completely forgotten
- Despite the fact that they pay taxes, social security etc
- They represent a continued American heritage of immigrants chasing the Great American Dream
While H1B workers might appear to 'displace US workers', the crux of the issue is that in order for US companies to remain innovative and competitive they cannot afford to take a hoary protectionist policy in talent management.
High skilled talent finds level ground, wherever it might be.
While the old world order was about national boundaries and international competition amongst countries, the new world order is about a flat world where transnational collaboration and commerce can enable wealth and job creation in any part of the world!
The presence of high skilled foreign workers INSIDE the US
- ensures that jobs remain in the US
- ensures that resultant taxes remain in the US
- ensures that resultant investments target the US economy
- apart from ensuring US competitive and commercial advantage
The oft repeated arguments about 'local talent being available but not tapped' is borne out of a sense of elitist entitlement; something that runs counter to the great American Dream and the quest for constant innovation, creation, improvement and execution.
The need of the hour should be on how to enable successful assimilation of high skilled labor and talent into the US economy such that the economic engines of efficient productivity are not hampered by artificial tarrifs and barriers borne out of a broken immigration system.
The quest for a color-blind, talent-oriented, country-agnostic immigration system has a long and sometimes troubling, history.
While the old world afforded the luxury of years to rectify imblances and imperfections in policy constructs, the new world leaves little room for inefficient alignment of policies.
The need to fix a broken legal immigration system is as much an economic reality as it is to address detrimental effects in womens' rights (spouses' rights), labor rights and free markets.
more...
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panky72
06-11 01:31 PM
I had called the congressman from my district (Peter Visclosky) along with the other representatives on the list a few weeks ago. His office had taken my name and address at that time. Today I was surprised to see a letter in mail regarding that conversation and his intention to support the immigration bills in house. So it looks like that the messages we leave with congressional staffers who attend the phones do pass on the message to congressmen.
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Bokke
06-05 10:40 AM
For all the Microsoft fans who wanna have a i-pod:
The XPod ! :rambo:
http://members.home.nl/famsedema/xpod.jpg
The XPod ! :rambo:
http://members.home.nl/famsedema/xpod.jpg
more...
pictures Lebron+james+wife
obviously
07-16 06:20 PM
the revised version is more pointed.
Here are a few other points to consider and highlight:
- That the woes of legal high skilled immigrants are completely forgotten
- Despite the fact that they pay taxes, social security etc
- They represent a continued American heritage of immigrants chasing the Great American Dream
While H1B workers might appear to 'displace US workers', the crux of the issue is that in order for US companies to remain innovative and competitive they cannot afford to take a hoary protectionist policy in talent management.
High skilled talent finds level ground, wherever it might be.
While the old world order was about national boundaries and international competition amongst countries, the new world order is about a flat world where transnational collaboration and commerce can enable wealth and job creation in any part of the world!
The presence of high skilled foreign workers INSIDE the US
- ensures that jobs remain in the US
- ensures that resultant taxes remain in the US
- ensures that resultant investments target the US economy
- apart from ensuring US competitive and commercial advantage
The oft repeated arguments about 'local talent being available but not tapped' is borne out of a sense of elitist entitlement; something that runs counter to the great American Dream and the quest for constant innovation, creation, improvement and execution.
The need of the hour should be on how to enable successful assimilation of high skilled labor and talent into the US economy such that the economic engines of efficient productivity are not hampered by artificial tarrifs and barriers borne out of a broken immigration system.
The quest for a color-blind, talent-oriented, country-agnostic immigration system has a long and sometimes troubling, history.
While the old world afforded the luxury of years to rectify imblances and imperfections in policy constructs, the new world leaves little room for inefficient alignment of policies.
The need to fix a broken legal immigration system is as much an economic reality as it is to address detrimental effects in womens' rights (spouses' rights), labor rights and free markets.
Here are a few other points to consider and highlight:
- That the woes of legal high skilled immigrants are completely forgotten
- Despite the fact that they pay taxes, social security etc
- They represent a continued American heritage of immigrants chasing the Great American Dream
While H1B workers might appear to 'displace US workers', the crux of the issue is that in order for US companies to remain innovative and competitive they cannot afford to take a hoary protectionist policy in talent management.
High skilled talent finds level ground, wherever it might be.
While the old world order was about national boundaries and international competition amongst countries, the new world order is about a flat world where transnational collaboration and commerce can enable wealth and job creation in any part of the world!
The presence of high skilled foreign workers INSIDE the US
- ensures that jobs remain in the US
- ensures that resultant taxes remain in the US
- ensures that resultant investments target the US economy
- apart from ensuring US competitive and commercial advantage
The oft repeated arguments about 'local talent being available but not tapped' is borne out of a sense of elitist entitlement; something that runs counter to the great American Dream and the quest for constant innovation, creation, improvement and execution.
The need of the hour should be on how to enable successful assimilation of high skilled labor and talent into the US economy such that the economic engines of efficient productivity are not hampered by artificial tarrifs and barriers borne out of a broken immigration system.
The quest for a color-blind, talent-oriented, country-agnostic immigration system has a long and sometimes troubling, history.
While the old world afforded the luxury of years to rectify imblances and imperfections in policy constructs, the new world leaves little room for inefficient alignment of policies.
The need to fix a broken legal immigration system is as much an economic reality as it is to address detrimental effects in womens' rights (spouses' rights), labor rights and free markets.
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madhanm8
07-12 03:41 AM
Hey Sam.....
The word is out to Santa Clara University Int'nl Students. One concern.... Im getting responses from guys from other nationalities... do we need to worry ?
The word is out to Santa Clara University Int'nl Students. One concern.... Im getting responses from guys from other nationalities... do we need to worry ?
more...
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senthil1
05-24 06:43 PM
Is it passed already?
On the Amendment (Sanders Amdt. No. 1223
On the Amendment (Sanders Amdt. No. 1223
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ssa
08-13 08:11 PM
Chanakya, whatever your arguments may be but calling the current state of EB2-I a "plight" is a little crazy. We are seeing one of the biggest advancements in PD dates for EB2-I. I can understand if an EB3-I feels outraged after reading your post.
I'm EB2 myself but a little empathy would be a good thing... :)
I'm EB2 myself but a little empathy would be a good thing... :)
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anilsal
11-13 12:01 AM
Waiting for CIR bill for EB relif is not worthy. It will unlikley be passed in lame-duck congress, as t needs heavy conference. It may be the good idea to push SkIL bill or somesort of EB relief provison (like budget reconcilation bill last year) in other bills to be passed in lame duck period.
Agreed, smaller ticket items while the big ones are being debated/reported in the media.
Agreed, smaller ticket items while the big ones are being debated/reported in the media.
legalVoice
04-29 06:01 PM
How much has been collected so far?
arsh007
02-01 11:48 AM
Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.
Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.
Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).
This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.
How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com
Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.
I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.
Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions
(1) Whom do they usually recruit
Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.
Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.
SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.
(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.
(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.
Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)
(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!
Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.
Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).
This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.
How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com
Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.
I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.
Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions
(1) Whom do they usually recruit
Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.
Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.
SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.
(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.
(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.
Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)
(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!
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