sku
09-11 04:25 PM
Just to clarify
Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.
Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.
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mhb
07-04 10:12 PM
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
try to get the h1b from canada ottawa and take an immigration attorney with you to the consulate to stand with you during the interview.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
try to get the h1b from canada ottawa and take an immigration attorney with you to the consulate to stand with you during the interview.
jcrajput
09-28 01:22 PM
NO. I did not receive any thing back yet.
2011 Justin Bieber amp; Selena
trueguy
08-11 04:06 PM
bump
more...
Desertfox
04-28 04:11 PM
The new administration has definitely something to do with this. Being an AZ resident for a while, I noticed how popular Janet Napolitano was here as a governor, even in this strongly republican state. I am sure her nomination as DHS secretary will bring more positive changes for us.
hmehta
07-14 10:32 AM
Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)
My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.
I would ask you guys to consider filing especially if your PD is in 2005 or later.
My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.
I would ask you guys to consider filing especially if your PD is in 2005 or later.
more...
dcrtrv27
09-16 11:21 PM
Make copy yourself and keep handy. Few times I was been requested to make copy myself and to keep ready.
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GCwaitforever
02-09 05:50 PM
If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
more...
ssbaruah@yahoo.com
05-01 09:41 AM
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
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mlkedave
03-10 10:18 AM
alright guys it look like this battle is dead... should we close the thing and put it in completed battles or u guys want to keep it up a while longer?
more...
ArkBird
07-29 05:23 PM
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
� Execute the company�s technology architecture and strategy.
� Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
� Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
� Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
� Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
� Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
� Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
� Travel approximately 25% of the time to both in-country and international destinations.
� Perform other duties as assigned by the VP of Software Development
Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development
Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
� Execute the company�s technology architecture and strategy.
� Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
� Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
� Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
� Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
� Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
� Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
� Travel approximately 25% of the time to both in-country and international destinations.
� Perform other duties as assigned by the VP of Software Development
Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development
Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system
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neverbefore
05-12 01:53 AM
Folks
Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?
Should then one consider using their AP instead?
Cheers.
neverbefore
Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?
Should then one consider using their AP instead?
Cheers.
neverbefore
more...
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nousername
02-24 07:23 PM
It clearly says "evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience."
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
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yabadaba
08-10 12:59 PM
i heard that if you use electric tooth brush.. they will reject your checks...since you are using too much electricity. please check with ur attorney if they are using electric tootthbrush or electric shaver.
will this be a problem? can i refile my 485 with photo of me using regular toothbrush?
will this be a problem? can i refile my 485 with photo of me using regular toothbrush?
more...
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dvnagesh
12-05 05:01 PM
Congratulations !! Thanks for sharing the info on the forum and for offering your help...
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03-27 10:55 PM
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bbct
02-01 03:13 PM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
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cpolisetti
03-31 03:56 PM
She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?
Here is the link for todays Q&A:
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.
I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?
Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.
Todays article:
Most See Visa Program as Severely Flawed
By S. Mitra Kalita
Washington Post Staff Writer
Friday, March 31, 2006; D01
Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.
They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.
Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.
But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.
Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.
Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.
At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.
Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.
Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."
In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.
"If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.
The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.
Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.
"Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."
Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.
It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.
Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."
Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.
Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.
Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.
His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Here is the link for todays Q&A:
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.
I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?
Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.
Todays article:
Most See Visa Program as Severely Flawed
By S. Mitra Kalita
Washington Post Staff Writer
Friday, March 31, 2006; D01
Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.
They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.
Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.
But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.
Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.
Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.
At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.
Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.
Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."
In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.
"If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.
The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.
Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.
"Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."
Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.
It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.
Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."
Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.
Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.
Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.
His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
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reddymjm
05-14 05:15 PM
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
Election year nothing happens on these bills. History and trend says so. Lets see if we can change the History
Until then Visa Bulleting is our best hope and source
Let us pray.
Election year nothing happens on these bills. History and trend says so. Lets see if we can change the History
buvane
09-10 03:04 PM
I also got the same answer saying my case is under Extended Review. I'm confused what do they review for 2 years? Any Clue??
What should I do now??
PD -May 7,2004
RD-July 2,2004
ND- Aug 28,2007
What should I do now??
PD -May 7,2004
RD-July 2,2004
ND- Aug 28,2007
The7zen
05-28 02:58 PM
I just did....keep it coming guys.....
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