Monday, June 13, 2011

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  • Blog Feeds
    02-25 07:20 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiH68zRei4bjv998pilXZi9uKrpydrqqnexb25dWf7nHcPC9N3wl58P2vV-YSV__U_ZlkqMxquchijcnwie6z9P0TYMwS0W7dV7iDGzHhioI_pPjLdFWIJU13b-OP9Nnz3gyA1pxqxqI_Y/s320/2010-02-23+Magnifying+Glass.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiH68zRei4bjv998pilXZi9uKrpydrqqnexb25dWf7nHcPC9N3wl58P2vV-YSV__U_ZlkqMxquchijcnwie6z9P0TYMwS0W7dV7iDGzHhioI_pPjLdFWIJU13b-OP9Nnz3gyA1pxqxqI_Y/s1600-h/2010-02-23+Magnifying+Glass.jpg)
    By Eleanor Pelta, AILA First Vice President


    The latest salvo in the war against H-1B workers and their employers (and this time, they�ve thrown L-1�s in just for fun,) is the Economic Policy Institute�s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira�s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data.


    Hira starts with the premise that some employers use H-1B�s and L visas as a bridge to permanent residence, and some employers use those categories for temporary worker mobility. (His particular political bent is belied by his constant usage of the term �guest-worker status��a term that brings with it the politically charged connotations of the European guest worker programs for unskilled workers�for the practice of bringing H-1B�s and L�s in to the U.S. on a temporary basis.) After examining his �data,� he divides the world of employers into two broad categories:


    � Bad guys (generally foreign employers, no surprise, or U.S. employers with off-shore companies in India) that bring in H-1B and L workers for temporary periods, exploit them, underpay them and send them home after they get training from the American workers whose jobs they will outsource when they return home
    � Good guys (U.S. corporations �Hira uses the more genteel label, �firms with traditional business models�) that bring H-1B and L workers to the U.S., pay them adequate wages, and sponsor them for permanent residence, thereby effecting a knowledge transfer to American colleagues that is good for the economy


    Hira�s tool, a statistic he calls �immigration yield,� is simply a comparison of H-1B and L usage and the number of PERM applications filed by the highest users of those visas. He essentially concludes that because the highest users of H-1B�s and L�s are Indian consulting companies, and these companies have only a minimal number of PERM�s certified, they are using H�s and L�s as cheap temporary labor. He is unable to explain away the high number PERM filings of one of the IT consulting companies, and so he addresses this anomaly by saying �part of the explanation might be that it is headquartered in the United States.�


    There are too many things wrong with this analysis to list in this blog, but here are a just a few ways in which Hira�s study is problematic:




    Hira�s clear implication is that companies that don�t sponsor H-1B�s and L�s for PERM are using these workers instead of more expensive American labor. He ignores that fact the H-1B program has rules in place requiring payment of the prevailing wage to these workers. But even worse, he has not presented any data whatsoever on the average wages paid to these workers. He also doesn�t address the expense of obtaining such visas. He simply concludes that because they are here temporarily, they are underpaid.



    Hira makes the argument that companies who use H-1B and L workers as temporary workers generally use their U.S. operations as a training ground for these workers and then send then back to their home countries to do the job that was once located here. Again, this assertion is not supported by any real statistical data about, or serious review of, the U.S. activities of such workers, but rather by anecdotal evidence and quotes from news stories taken out of context.



    With respect to the fact that the L-1B visa requires specialized knowledge and so would normally preclude entry to the U.S. for the purpose of gaining training, Hira cites and outdated OIG report that alleges that adjudicators will approve any L-1B petition, because the standards are so broad. Those of use in the field struggling with the 10 page RFE�s typically issued automatically on any specialized knowledge petition would certainly beg to differ with that point.



    Hira clearly implies that American jobs are lost because of H-1B and L �guest workers,� but has no direct statistical evidence of such job loss.

    The fact is that usage of H-1B and L visas varies with the needs of the employer. Some employers use these programs to rotate experienced, professional workers into the United States and then send the workers abroad to continue their careers. Some employers bring H-1B�s and L�s into the U.S. to rely on their skills on a permanent basis. Judging from the fraud statistics as well as DOL enforcement actions, the majority of employers who use H-1B workers pay these workers adequate wages and comply with all of the DOL rules regarding use of these workers, whether the employers bring them in for temporary purposes or not. By the same token, the minority of employers who seek to abuse H and L workers may well do so, whether they intend to sponsor them for permanent residence or not. Indeed, arguably, the potential for long-term abuse is much worse in the situation in which a real �bad guy� employer is sponsoring an employee for a green card, because of the inordinate length of time it takes for many H-1B and L workers to obtain permanent residency due to backlogs.


    Hira does make that last point, and it is just about the only one we agree on. Congress needs to create a streamlined way for employers to access and retain in the U.S. foreign expertise and talent, without at 10-15 year wait for permanent residence. But our economy still needs the ability for business to nimbly move talent to the U.S. on a temporary basis when needed, or to rotate key personnel internationally. In a world where global mobility means increased competitiveness, Hira�s �statistics� simply don�t support elimination of these crucial capability.https://blogger.googleusercontent.com/tracker/186823568153827945-6000198492670312275?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/epis-latest-study-of-h-1b-and-l-usage.html)





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  • cagedcactus
    05-03 06:54 AM
    thanks a lot friends, I appreciate your inputs.......:)
    I had couple of companies contact me, so will look for a solid new start.
    4 years of wait down the drain......:mad:





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  • dan19
    03-09 02:50 PM
    Based on Murthy.com, It's likely that EB3 World will move but India and China will remain stagnant:confused:


    As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward





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  • psaxena
    03-09 05:18 PM
    I had dream last night, part of which I still remember.

    As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
    I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
    I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

    And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.

    And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.



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  • Vanessa Hudgens and all



  • bharol
    07-04 06:08 AM
    Hi,

    I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.

    I found that in California, where I live, it is legal for non-citizens to own a gun.





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  • maddipati1
    12-01 07:01 PM
    You are correct about the visa part. If you have a stamped visa in your passport for the US, you don't need a British transit visa for a London stopover. However, if you have an AP, they (BA) won't allow you to board the plane without a transit visa. This is from personal experience. However, since you are flying through Doha, I am not sure if you need anything other than your AP.


    hi ashkam,

    what is the best way to get Transit VISA?

    i have only 2 hours between connecting flights. need to get it here in US?

    thx



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  • rajmehrotra
    07-09 02:02 PM
    I understand, but don't. The possibility of you getting hurt in some way if he reciprocates in kind is much higher. Steel yourself, and move on...





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  • questforgc
    08-26 02:47 PM
    Thanks for the info bluez. I think i will stick with my AOS.



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  • Miley Cyrus continues to talk



  • sandy_77
    09-16 06:06 AM
    They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.


    Hi Suresh,

    thanks for your time and effort to thoroughly answer my questions.

    I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.

    So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?

    Thanks.





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  • wandmaker
    08-14 06:37 PM
    I have received the cards in today's' mail. It has been almost a decade in green card journey. My support for IV and fellow IVans will remain the same. Thank you all for the wishes.



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  • sanjay
    01-27 01:48 PM
    According to CNNMoney: “Home Depot, the No. 1 home improvement retailer, announced Monday that it is shutting down its high-end EXPO business and shrinking its support staff, with both moves resulting in a reduction of 7,000 jobs.”Posted in Retail, US***Tagged: Home Depot layoff*** http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1231&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/26/home-depot-cutting-7000-jobs/)
    http://immigrationvoice.org/forum/showthread.php?t=23346
    http://immigrationvoice.org/forum/showthread.php?t=23347


    Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.

    Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.





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  • kris04
    11-25 08:06 PM
    Hello,

    I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

    Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

    My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
    Will this trigger an RFE?

    Please advise.

    This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


    Good Luck

    HTH

    kris



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  • bigboy007
    06-21 10:49 AM
    but why are you so sure your 140 will be denied. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected.

    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.





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  • chanduv23
    12-24 08:44 PM
    This thread has to stay on top



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  • copsmart
    06-12 12:43 PM
    Its a long wait for everybody, and I understand that everyone wants to get their application approved when the dates are current, or at least before the dates retrogress. However, putting too much pressure on USCIS is not going to get us anywhere, except it will make things worst. In my humble opinion, we should let USCIS do their work, so that they don't waste any visa numbers.

    Just my two cents, but its your personal choice. No hard feelings!





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  • sainwa
    07-06 01:53 PM
    there are some beginner level shootng courses, inquire at your local gun store.

    make sure you understand the law about keeping the gun (concealed/un-concealed) etc how to carry in vehicle , work safety laws about the gun being present in your vehicle at work parking site.
    if you understand the law well then there shoudl not be any issue.

    Store's are on 6 month back order on the top selling ones. Even if you get one, getting ammo is a big challenge now a days. They are also back ordered for many days due to hign demand.

    I bought some decent amount of gold with my glock too ;)

    Dollar may crash any day in next 2-3 years. that is day , when things will go out of control.



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  • gg_ny
    07-31 04:24 PM
    H status is lost if one uses any of the 2 benefits under immigration process - AP and EAD. It is not possible to work on EAD and still be H4 or H1. but if you have H4 valid papers(approval), then you can live here as H4 but when you travel you have a choice between stamping or AP. Once you start using your EAD, you lose your H1/ H4 status immediately (have to file new I9 and specify how you could work) even if you have years left on that visa. I have been so advised by our lawyer and my wife has not even made an appointment in India later this year (she wants to use EAD at somepoint and travel with AP thus gaining parolee / pending AOS tag ) while I am gonna do it (try maintain my H1 if let to do so by the consular).





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  • sanprabhu
    01-30 09:24 AM
    Don't go by Online status message in USCIS website. It is a bull and often flat out incorrect.





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  • sandeep77
    07-26 04:09 PM
    hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??





    AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!





    h1b_tristate
    07-27 08:02 PM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks



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