vjkypally
07-20 01:47 PM
Lets say out of 500K indians are 25%(atleast), so 125K, 1 year we get 7k visas based on country, so will it take 20 years for all July filers to get GC?????????????? We need major reform then, thats a total wait of 25 years!!!!!!!!!!!!!
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asanghi
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
polapragada
09-13 09:42 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
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webm
04-30 03:28 PM
Testimony is going in full mood/swing..questions by questions...to uscis/dos..
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shana04
07-14 08:04 PM
Heck all I am asking for is $5.00 ;) A meal at Burger King these days will cost you more :)
I have mailed a check for $10.00, check is on its way.
Thanks for taking initiative ;)
Shana
I have mailed a check for $10.00, check is on its way.
Thanks for taking initiative ;)
Shana
for_gc
10-01 04:22 PM
This is how this law is written. The limit of 140K is for a fiscal year. With next year having its own quota.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
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chocolate
06-05 08:44 AM
Till the new bill becomes law you'll be ok.
Those of you who got LC approved recently, did you apply to Chicago or Atlanta?
Thanks for the input. My labor was stuck in BEC. It was approved last september . I sent all the documents to my employer to file 140/485/ead/ap.He is still going back and forth on filing. MY h1extension got an rfe and he wants to wait for it to get approved and then file. I hope i wont retire before that. I am only 28 yrs short of that.When will we know the decision to the bill. I hope it passes so that he files my next stages.Can i file it with my h1 extension application pending.
Those of you who got LC approved recently, did you apply to Chicago or Atlanta?
Thanks for the input. My labor was stuck in BEC. It was approved last september . I sent all the documents to my employer to file 140/485/ead/ap.He is still going back and forth on filing. MY h1extension got an rfe and he wants to wait for it to get approved and then file. I hope i wont retire before that. I am only 28 yrs short of that.When will we know the decision to the bill. I hope it passes so that he files my next stages.Can i file it with my h1 extension application pending.
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LostInGCProcess
12-12 03:26 AM
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
Bank Of America denied my car loan. They want only US citizens or GC holders. I have EAD and apparently its not good at all for anything. I can't even get my drivers license. The DMV is waiting for a response from DHS, until then I have to find other means to go to work.
The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.
could anybody please tell me what to do now?
thank you:(
Bank Of America denied my car loan. They want only US citizens or GC holders. I have EAD and apparently its not good at all for anything. I can't even get my drivers license. The DMV is waiting for a response from DHS, until then I have to find other means to go to work.
The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.
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wonderlust
07-09 02:57 PM
Hard copies of letters are more powerful than emails. Please continue writing letters because we need sustained efforts. Please also consider asking Ameirican Citizens to send letters from their perspective. See the letter template drafted by my American friends:
__________________________________________________ ______________
NAME AND TITLE OF THE GOVERNMENT OFFICIAL
ADDRESS
July 9 2007
Dear (TITLE AND LAST NAME):
I am a tax payer and resident of (YOUR STATE). I seek your help in the following matter:
On June 13th, the U.S. Department of State online Visa Bulletin announced availability of a large number of immigration visa, which opens door for legal employment-based immigration applicants to submit their paperwork starting July 1st. On July 2nd, merely 2 weeks later, the Visa Bulletin published by the U.S. Department of State announced that �there will be no further authorizations in response to requests for Employment-based preference immigration application cases�. This drastic change is condemned by American Immigration Lawyers Association (AILA) as �Bait-and-Switch� policy which �slams the door� in the face of immigration applicants who are following the laws. New York Times called it �immigration malpractice�. This has been a waste of the government�s time and money.
As an American Citizen and a tax-payer, I have worked and lived alongside with many legal immigrants and prospective legal immigrants. They actively contribute to the economy, education, technology, culture, and research in the U.S.
They also respect and obey the laws, even though there are stringent scrutiny and limitation imposed. For example, they wait for years to complete the legal process, during that time, they cannot travel abroad without the serious risk of being denied re-entry. Having committed no crime, they have to notify the government every time they change their place of residence � something that, among American citizens, only convicted felons are required to do. They have spent hundreds, sometimes thousands, of dollars on government-mandated application fees and related costs. They have underwent inordinate amounts of stress making sure their applications were complete and properly filled out in every way, knowing that any error or omission, real or perceived, could get their application automatically rejected. Through it all, they had faith in the system of legal immigration. Now they are being penalized for following the law and for having faith in the system, because the federal government has dealt with them unjustly and deceptively. Such a way of dealing with prospective legal immigrants is sure to deter other highly skilled, intelligent people from wanting to live and work in the US, to the detriment of our country.
I request that you investigate and work to improve the procedures for legal employment-based immigration. Specifically, I strongly urge you to support the highly skilled people who are seeking legal employment-based immigration because they are actively contributing and improving the (YOUR STATE) Community and the greater American Society.
Sincerely,
YOUR NAME AND TITLE
COMPANY/ UNIVERSITY.
__________________________________________
Wonderlust
PD 06/2006
Member of IV since Feb 2007
__________________________________________________ ______________
NAME AND TITLE OF THE GOVERNMENT OFFICIAL
ADDRESS
July 9 2007
Dear (TITLE AND LAST NAME):
I am a tax payer and resident of (YOUR STATE). I seek your help in the following matter:
On June 13th, the U.S. Department of State online Visa Bulletin announced availability of a large number of immigration visa, which opens door for legal employment-based immigration applicants to submit their paperwork starting July 1st. On July 2nd, merely 2 weeks later, the Visa Bulletin published by the U.S. Department of State announced that �there will be no further authorizations in response to requests for Employment-based preference immigration application cases�. This drastic change is condemned by American Immigration Lawyers Association (AILA) as �Bait-and-Switch� policy which �slams the door� in the face of immigration applicants who are following the laws. New York Times called it �immigration malpractice�. This has been a waste of the government�s time and money.
As an American Citizen and a tax-payer, I have worked and lived alongside with many legal immigrants and prospective legal immigrants. They actively contribute to the economy, education, technology, culture, and research in the U.S.
They also respect and obey the laws, even though there are stringent scrutiny and limitation imposed. For example, they wait for years to complete the legal process, during that time, they cannot travel abroad without the serious risk of being denied re-entry. Having committed no crime, they have to notify the government every time they change their place of residence � something that, among American citizens, only convicted felons are required to do. They have spent hundreds, sometimes thousands, of dollars on government-mandated application fees and related costs. They have underwent inordinate amounts of stress making sure their applications were complete and properly filled out in every way, knowing that any error or omission, real or perceived, could get their application automatically rejected. Through it all, they had faith in the system of legal immigration. Now they are being penalized for following the law and for having faith in the system, because the federal government has dealt with them unjustly and deceptively. Such a way of dealing with prospective legal immigrants is sure to deter other highly skilled, intelligent people from wanting to live and work in the US, to the detriment of our country.
I request that you investigate and work to improve the procedures for legal employment-based immigration. Specifically, I strongly urge you to support the highly skilled people who are seeking legal employment-based immigration because they are actively contributing and improving the (YOUR STATE) Community and the greater American Society.
Sincerely,
YOUR NAME AND TITLE
COMPANY/ UNIVERSITY.
__________________________________________
Wonderlust
PD 06/2006
Member of IV since Feb 2007
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bluemask
05-10 02:46 PM
Sent an email to PBEC a month ago asking about my case status. Got their response today. They assigned me a case number, which seems to be generated on the 157th day of 2005 (P-05157-54869 ). However, my lawyer hasn't received any 45-day letter. Can this be possible?
My PD is April 2004. Filed from Delaware. Anybody knows a similar case?
Below is the email reply from PBEC:
-------------------
Dear Requestor:
The subject case P-05157-54869 has been received by the Philadelphia Backlog Elimination Center and is currently awaiting further review by a Backlog Elimination Center analyst. Due to the large volume of LC Applications currently being processed by the Backlog Elimination Center; we are unable to provide you with an exact processing time. If you need additional information, please visit the following Internet website:
http://www.foreignlaborcert.doleta.gov/
There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.
------------------------
My PD is April 2004. Filed from Delaware. Anybody knows a similar case?
Below is the email reply from PBEC:
-------------------
Dear Requestor:
The subject case P-05157-54869 has been received by the Philadelphia Backlog Elimination Center and is currently awaiting further review by a Backlog Elimination Center analyst. Due to the large volume of LC Applications currently being processed by the Backlog Elimination Center; we are unable to provide you with an exact processing time. If you need additional information, please visit the following Internet website:
http://www.foreignlaborcert.doleta.gov/
There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.
------------------------
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alterego
01-08 10:01 PM
The only harsh thing he said was that Indian education was awful. Everything else he said was extremely positive especially when he talked about the amazing progress India is making. I think he said that because he was saying that India is racing ahead and Indians are very successful entrepreneurs. (I am not sure).
I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday
He has many interesting slides on immigration and seems to be fighting for our cause.
So if you want to get nationalistic and get upset over silly things go ahead!!!
I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.
If you are objective, can you argue that much of the 350K engineers graduated in India are not up to par. No offense to the graduates, however the schools are often just not up to par. Much of this graduation is private for profit colleges, frequently owned by a few investors or families.
US Engineering colleges are much better accredited in my view.
That said however, India being a much larger country (population wise) there are probably more than 70K good quality engineering grads. coming out of India annually.
I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday
He has many interesting slides on immigration and seems to be fighting for our cause.
So if you want to get nationalistic and get upset over silly things go ahead!!!
I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.
If you are objective, can you argue that much of the 350K engineers graduated in India are not up to par. No offense to the graduates, however the schools are often just not up to par. Much of this graduation is private for profit colleges, frequently owned by a few investors or families.
US Engineering colleges are much better accredited in my view.
That said however, India being a much larger country (population wise) there are probably more than 70K good quality engineering grads. coming out of India annually.
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lj_rr
08-26 01:35 PM
Better to avoid ICICI. Nationalized banks are better.
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snram4
02-24 07:15 PM
Still USA is going to e attractive destination unless currency goes less than 30 rupees. Still USA is Top in innovations in medical, Biomedical and core products like Apple, Microsoft etc. India and China are going to to do service oriented jobs and hardly any big innovations. That is going to continue for next few years. Also survival is easy here compared to India as population is 4 times than USA and country is 1/4 of USA. It is a mere speculation and our wish that US citizens will wait in line for Indian visa. But it is a fact that we do not need to come to USA just for money as we can get excellent pay package in many industries in India and quality of life improved a lot on par with USA. Still population growth with less land will make lack of facilities for many people in future decades. Mainly water, food,land and energy shortage will be a problem in next decades and we need to wait and see how our government handles that.
May be our kids in future will have to wait inline for Indian Residency:p
May be our kids in future will have to wait inline for Indian Residency:p
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eb3_nepa
07-16 11:34 AM
I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.
AFAIK, IV sends email to its members, when they have updates. I hope this helps.
Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.
GO IV GO. TOGTHER WE CAN.
A request to the IV Core/Admins/Moderators
Can we please send out NOT mass emails, but a MASS Private Message (PM) to all users to contribute to the High Five Campaign.
AFAIK, IV sends email to its members, when they have updates. I hope this helps.
Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.
GO IV GO. TOGTHER WE CAN.
A request to the IV Core/Admins/Moderators
Can we please send out NOT mass emails, but a MASS Private Message (PM) to all users to contribute to the High Five Campaign.
more...
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Mouns
04-30 04:57 PM
look here at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
Let me help you here: the USCIS receive 2.5 million applications in july and august 2007 ('The surge'). For most of the ones who applied, I don't think we will see the dates move much in the near future... But I don't know so, keep the faith. Miracles are still possible
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
Let me help you here: the USCIS receive 2.5 million applications in july and august 2007 ('The surge'). For most of the ones who applied, I don't think we will see the dates move much in the near future... But I don't know so, keep the faith. Miracles are still possible
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Green.Tech
06-05 06:22 PM
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pappu
08-12 10:55 AM
Senate Passage of Border Security Legislation
August 12, 2010
Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….
The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….
The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.
In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.
Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.
When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.
Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.
But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.
Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.
The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.
Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”
The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.
This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.
Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.
While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.
But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.
Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.
Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.
The fee is based solely upon the business model of the company, not the location of the company.
If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.
But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.
This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.
Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.
Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”
The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.
So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.
Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….
The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.
August 12, 2010
Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….
The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….
The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.
In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.
Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.
When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.
Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.
But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.
Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.
The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.
Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”
The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.
This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.
Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.
While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.
But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.
Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.
Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.
The fee is based solely upon the business model of the company, not the location of the company.
If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.
But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.
This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.
Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.
Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”
The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.
So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.
Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….
The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.
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checklaw
08-02 08:18 PM
Hello gurus,
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
I know someone replied appropriately but here is something more to chew on...
http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
I know someone replied appropriately but here is something more to chew on...
http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171
Macaca
01-06 12:28 PM
You have some more in other science related disciplines like TIFR (not sure if they give M.S. degree).
I did not see MS in any discipline.
They had PhD CS also; my friend got PhD from there.
They also had something like a CS diploma (don't remember details). They had 10 (??) theoretically sound courses. Students in most US schools will not be able to handle these courses.
However, course content is not the only strength of US Education (all levels). Something else (which is hard to enumerate and quantify) happens outside the classes. But it does not happen to everyone: some are not receptive and others don't run into it!
I did not see MS in any discipline.
They had PhD CS also; my friend got PhD from there.
They also had something like a CS diploma (don't remember details). They had 10 (??) theoretically sound courses. Students in most US schools will not be able to handle these courses.
However, course content is not the only strength of US Education (all levels). Something else (which is hard to enumerate and quantify) happens outside the classes. But it does not happen to everyone: some are not receptive and others don't run into it!
test101
07-24 05:15 PM
all what i did is the following :
A-filed the application and paid it on line. I called the cgnfs to check on the required documents.
B- part of the cgnfs application is need to be sent the the Nusring Board of education in the state you are licensed in. Call the nursing board of education in your state, usually there is a fee for varification of licneses.
Ask them if you can include an express paid envelop so there wont be any delays. Explain to the nursing board that you need it fast so they finish it fast.
C-Your transcripits has to be sent from your college.(do not send it yourself). I went to my college, ordered my transcripit and went to the nursing office and had them express mail it the same day.
I believe you need your high school diploma as well. Call the cfnfs and them for they exactly wants from you.
You do not need Toefl if you are educated in the US.
My experience with them is that they are fast if you are US educated because they do not really have to evaluate your education.
good luck
A-filed the application and paid it on line. I called the cgnfs to check on the required documents.
B- part of the cgnfs application is need to be sent the the Nusring Board of education in the state you are licensed in. Call the nursing board of education in your state, usually there is a fee for varification of licneses.
Ask them if you can include an express paid envelop so there wont be any delays. Explain to the nursing board that you need it fast so they finish it fast.
C-Your transcripits has to be sent from your college.(do not send it yourself). I went to my college, ordered my transcripit and went to the nursing office and had them express mail it the same day.
I believe you need your high school diploma as well. Call the cfnfs and them for they exactly wants from you.
You do not need Toefl if you are educated in the US.
My experience with them is that they are fast if you are US educated because they do not really have to evaluate your education.
good luck
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