sri1309
12-17 08:24 AM
Folks - this campaign is endorsed by IV core. This is a very important campaign moving forward with the new president.
This thread always remains on top to get more visibility. Please send your stories and also urge everyone you know to send their stories
Chandu,
I am not sure if you are moderator, if so, we request you have it as an IV action item in home page. Having been with this excellant forum for more than a year now most of us DO know if IV core endorse it or not ..If you notice , you will see my last posts stil in the same page.. meaning reponse isnt that great. Please drive it more..
Thanks in advance..
This thread always remains on top to get more visibility. Please send your stories and also urge everyone you know to send their stories
Chandu,
I am not sure if you are moderator, if so, we request you have it as an IV action item in home page. Having been with this excellant forum for more than a year now most of us DO know if IV core endorse it or not ..If you notice , you will see my last posts stil in the same page.. meaning reponse isnt that great. Please drive it more..
Thanks in advance..
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GCBy3000
04-23 11:28 AM
My Second $100 on the way. It should reach IV on 28th.
Great job and keep it up.
I talked about this IV to lots of my immigrant friends who are in different stages of GC processing. I feel those folks are thinking of getting a free ride with others contributions and hard work. I can only pity them for not being a part of the team. This kind of character would get them GC but would not get them to top in any profession. Still I did not lose my heart. I will keep on talking about IV with them and I beleive, one day they will feel to contribute.
Great job and keep it up.
I talked about this IV to lots of my immigrant friends who are in different stages of GC processing. I feel those folks are thinking of getting a free ride with others contributions and hard work. I can only pity them for not being a part of the team. This kind of character would get them GC but would not get them to top in any profession. Still I did not lose my heart. I will keep on talking about IV with them and I beleive, one day they will feel to contribute.
bugsbunny
04-17 03:00 PM
Looks like you are one of the beneficiaries of H1 who does not have good education. You can console yourself with the word 'skill' and all that computer jargon The bottomline is H1B visa is for professionals.
Stop making personal attacks.
You know nothing about me or my education or my skills.
By resorting to personal attacks to try and support you arguments you have revealed your level of character and intelligence in how debates are conducted.
I don't support IT bodyshops and that fraud should stop.
If you believe you have proof of shady practices then report them to USCIS.
Stop making personal attacks.
You know nothing about me or my education or my skills.
By resorting to personal attacks to try and support you arguments you have revealed your level of character and intelligence in how debates are conducted.
I don't support IT bodyshops and that fraud should stop.
If you believe you have proof of shady practices then report them to USCIS.
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vsrinir
09-17 02:13 PM
They are still discussing HR 6020 I guess
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kate123
03-10 05:20 PM
I am trying to get the original question info from him. Probably he will read the thread and answer it.
I guess it is 485. Country of birth does not come in to picture at 140 stage.
I guess it is 485. Country of birth does not come in to picture at 140 stage.
walking_dude
11-14 01:11 PM
Thanks guys for your suggestions. But no thanks!
Let me continue with my action while you continue with yours.
My posts are not intended for you. They are meant for the rare breed that think they can make a difference in this world. I'm sorry to know you aren't that.
I would rather spend my time working for causes that I beleive - IV as well as Immigrants Rights, instead of wasting time on an on-line brawl. I'm sure you guys also have better things to do in life.
Let's just move on.
Let me continue with my action while you continue with yours.
My posts are not intended for you. They are meant for the rare breed that think they can make a difference in this world. I'm sorry to know you aren't that.
I would rather spend my time working for causes that I beleive - IV as well as Immigrants Rights, instead of wasting time on an on-line brawl. I'm sure you guys also have better things to do in life.
Let's just move on.
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dotnetguru
07-02 04:35 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
2010 Black Panther Tattoo Flash
conchshell
08-13 06:24 PM
please ignore this thread and let it die its own natural death. There is no point discussing all this again and again.
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rogerdepena
07-17 10:49 PM
Guys , I think this issue has been discussed lot of times.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
investing on IT?
are they just adding equipments or are they migrating to a new system? i hope they are not migrating so that they don't have to deal with the learning curve.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
investing on IT?
are they just adding equipments or are they migrating to a new system? i hope they are not migrating so that they don't have to deal with the learning curve.
hair Black Panther Tattoo - Thai
anzerraja
07-19 06:36 PM
Thanks very much !
Will DO...Just gimme some time.
Will DO...Just gimme some time.
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Macaca
03-14 10:53 AM
IV forums do not have much info about IV activities because it is not possible to mention IV activities on anonymous forums. On the other hand, forums have ignorant and irritating posts. Forum post quality is a reflection on members and NOT a reflection on core.
It is easy to conclude that IV has no direction and there is no leadership. However, if you read core posts carefully, analyze core decisions (choosing lobbying firm, ...) and follow media reported facts, you will conclude that core is in the right direction.
I called (without blocking my ID) Aman (first time) on 2nd March 2007. The only reason for my call was to check IV's survival in the continued absence of financial contributions. I did not ask anything else. However, he gave me some info about IV activities that I verified. I can assure you that
you are in very good hands (much better then I thought) as long as IV exists, and
Aman (and core) are very decent persons (once again, much better then I thought).
Thus, I very strongly endorse the following. That is, IV forums do not reflect IV activities. Also, core knows the worth of member posts that include info reported by media, lawyers, blog sites, ...; verify the validity of this statement based on the outcome of such events reported in the past.
I would request you and your like-minded friend not to confuse the organization with the website. The website is only a tool.
ImmigrationVoice Organization on the other hand, consists of some influential core members who have been working on EB-based issues for more than a year.
The continuing response of financially non-contributing (non-) members is self-destructive ONLY.
It is easy to conclude that IV has no direction and there is no leadership. However, if you read core posts carefully, analyze core decisions (choosing lobbying firm, ...) and follow media reported facts, you will conclude that core is in the right direction.
I called (without blocking my ID) Aman (first time) on 2nd March 2007. The only reason for my call was to check IV's survival in the continued absence of financial contributions. I did not ask anything else. However, he gave me some info about IV activities that I verified. I can assure you that
you are in very good hands (much better then I thought) as long as IV exists, and
Aman (and core) are very decent persons (once again, much better then I thought).
Thus, I very strongly endorse the following. That is, IV forums do not reflect IV activities. Also, core knows the worth of member posts that include info reported by media, lawyers, blog sites, ...; verify the validity of this statement based on the outcome of such events reported in the past.
I would request you and your like-minded friend not to confuse the organization with the website. The website is only a tool.
ImmigrationVoice Organization on the other hand, consists of some influential core members who have been working on EB-based issues for more than a year.
The continuing response of financially non-contributing (non-) members is self-destructive ONLY.
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needhelp!
11-27 04:55 PM
Update : OUR Enemies are actively supporting LOU Dobbs (http://www.alipac.us/ftopic-91255-0-days0-orderasc-.html). While EB Immigrants are sleeping!
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whatamidoinghere
02-12 06:22 PM
visves, Longq, alisa...
We have a difference of opinion on how the law is interpreted....
I believe that visves interpretation is correct....But there is always a small chance that longq does followup with a lawsuit, USCIS would budge...
if longq wants to gather some EB2 India/China and have a crack at suing USCIS as a personal level....( i.e.not using IV's resources).....I guess no one can stop him...I am EB3/India....So that suing does not benefit me anyway...
The common denominator for all of us is increasing the total numbers......
If members want to pursue certain things on their own at personal level..I cannot do anything ...after all it is a free country...
There are other quirky ways the law is getting interpreted. Why are India, China, Phil, Mex singled out in the Visa bulletin and reported separately? Where I work there are as many Russian programmers as Indians and Chinese. Judging from how long it is taking my Russian colleagues to get their green cards even they are retrogressed because it takes them more than 5 years. But because they are bunched with ROW, they are Current in EB2 and can apply for 485 and their spouses can get EAD and work.
If it is only 2800 visas per category per country.. lets be real.. even UK, Pakistan and other countries will be sending more than that number per year. But they are all bunched in EB2 ROW and can happily apply for EAD for their spouses. Not only that, they can even participate in the diversity visa lottery from which we are excluded.
The problem is that we are trying to ask for too much and nothing will happen. First we have to get them to be transparent about how they interpret the law and make them release more data. We dont even know if we are being treated fairly. It is also unacceptable that we dont know how long we have to wait before our spouses can work. If we dont have correct data what are we actually fighting for?
We have a difference of opinion on how the law is interpreted....
I believe that visves interpretation is correct....But there is always a small chance that longq does followup with a lawsuit, USCIS would budge...
if longq wants to gather some EB2 India/China and have a crack at suing USCIS as a personal level....( i.e.not using IV's resources).....I guess no one can stop him...I am EB3/India....So that suing does not benefit me anyway...
The common denominator for all of us is increasing the total numbers......
If members want to pursue certain things on their own at personal level..I cannot do anything ...after all it is a free country...
There are other quirky ways the law is getting interpreted. Why are India, China, Phil, Mex singled out in the Visa bulletin and reported separately? Where I work there are as many Russian programmers as Indians and Chinese. Judging from how long it is taking my Russian colleagues to get their green cards even they are retrogressed because it takes them more than 5 years. But because they are bunched with ROW, they are Current in EB2 and can apply for 485 and their spouses can get EAD and work.
If it is only 2800 visas per category per country.. lets be real.. even UK, Pakistan and other countries will be sending more than that number per year. But they are all bunched in EB2 ROW and can happily apply for EAD for their spouses. Not only that, they can even participate in the diversity visa lottery from which we are excluded.
The problem is that we are trying to ask for too much and nothing will happen. First we have to get them to be transparent about how they interpret the law and make them release more data. We dont even know if we are being treated fairly. It is also unacceptable that we dont know how long we have to wait before our spouses can work. If we dont have correct data what are we actually fighting for?
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unchew
06-04 11:07 PM
thx! :D
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sureshn22
12-28 02:23 AM
My wife attended interview on dec 6th..we are calling consulate everyday to find out the status but only got scolding from them for our calls. I have decided to travel alone because of this. please plan leaving some gap. block tickets with your airlines instead of confirmed reservation.
I am still waiting for the passport.:( I contacted both VFS and US consulate for status. Hope i will get it soon.:confused: Please someone who also waited long, could you post your waiting days, this would give me an estimate days i may need to wait. Thanks for your help.
I am still waiting for the passport.:( I contacted both VFS and US consulate for status. Hope i will get it soon.:confused: Please someone who also waited long, could you post your waiting days, this would give me an estimate days i may need to wait. Thanks for your help.
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eastindia
01-11 12:26 PM
What about hunger strike?
It is much bigger than rally. You will get more attention and you do not need thousand people to do it. If we can have even a handful of people or even one person to do it, it will be great. The expenses and preparation to do hunger strike will be very less.
I doubt anyone will want to go hungry for a greencard. People say a lot of things but they do not do it. All these people talking for a rally will not even show up for a rally when it is held. They are too scared to come out and show their faces to the media.
It is much bigger than rally. You will get more attention and you do not need thousand people to do it. If we can have even a handful of people or even one person to do it, it will be great. The expenses and preparation to do hunger strike will be very less.
I doubt anyone will want to go hungry for a greencard. People say a lot of things but they do not do it. All these people talking for a rally will not even show up for a rally when it is held. They are too scared to come out and show their faces to the media.
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ryan
05-26 11:26 PM
There is nothing in it for us. In-fact, if this bill passes, they are goin got apply the unused visa numbers towards FB, and we will lose any chance of re-capture, for-ever.
I think, we have a lost cause. The sooner we accept this, the better. We simply do not have the funds, commitment and political support that the illegals enjoy. We all know where the maximum nubver of FB immigrants are from, and they represent a big block of votes, since most of them happen to have the herd mentality, due to lack of education.
We, on the other hand, are educated, well read, tax paying people, who actually think about issues and merits of a person, hence no use to politicians.
Please, could you try and be a bit more positive. 400K illegal to legal or otherwise is a 400K vote if granted residency. Meaning you - a legal, educated and GDP contributor shall have more a chance to those less educated with menial jobs and no real standing on ways of life in this country or a positive contribution to true development. Being positive is half the battle won.
I think, we have a lost cause. The sooner we accept this, the better. We simply do not have the funds, commitment and political support that the illegals enjoy. We all know where the maximum nubver of FB immigrants are from, and they represent a big block of votes, since most of them happen to have the herd mentality, due to lack of education.
We, on the other hand, are educated, well read, tax paying people, who actually think about issues and merits of a person, hence no use to politicians.
Please, could you try and be a bit more positive. 400K illegal to legal or otherwise is a 400K vote if granted residency. Meaning you - a legal, educated and GDP contributor shall have more a chance to those less educated with menial jobs and no real standing on ways of life in this country or a positive contribution to true development. Being positive is half the battle won.
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bigboy007
04-27 12:14 AM
Not sure about the increase in fees here is what i have seen comparing it to INA and subsections...
1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.
2. 90 Days being replaced as 180 days for non displacement option
3. No consulting for H1B employees based on the Recruitment (F) section.
4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's
5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports
6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.
7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...
8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.
9. stream line of job classifications and roles with 1 year of enacting of S887...
10. DOL can hire 200+ employees to fill these requirements ;)
+ l1's I have not gone through....
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.
2. 90 Days being replaced as 180 days for non displacement option
3. No consulting for H1B employees based on the Recruitment (F) section.
4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's
5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports
6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.
7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...
8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.
9. stream line of job classifications and roles with 1 year of enacting of S887...
10. DOL can hire 200+ employees to fill these requirements ;)
+ l1's I have not gone through....
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
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gaz
09-17 02:34 PM
unregistered sex offenders and illegals
Another amendment from the King.....
Another amendment from the King.....
gsc999
11-10 05:24 PM
Its preposterous that USCIS does not allow LEGAL prospective permanent immigrants using EAD to bring their spouses!!
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Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
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Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
gsc999
07-11 01:44 AM
What do you guys think, should we get some flowers at the San Jose rally too and give them out to the supporters?
That will display continuity of thought with our flower campaign and weave that into the peaceful protest.
That will display continuity of thought with our flower campaign and weave that into the peaceful protest.
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