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


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj-4aeq_6g-Cpsofr5Nr8itwPQ5BNjVF3aDRD7SsW28v-LRoLg7QH6R5gW2-YUNaqyt0oUSeXyMgUPOF6jvrz6PE6wRG7Vk1TAwIhWpac_AyrJDI6mfAyU_XhPrGFx3qcrt3SzaLTGdovY/s320/2010-02-23+Magnifying+Glass.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj-4aeq_6g-Cpsofr5Nr8itwPQ5BNjVF3aDRD7SsW28v-LRoLg7QH6R5gW2-YUNaqyt0oUSeXyMgUPOF6jvrz6PE6wRG7Vk1TAwIhWpac_AyrJDI6mfAyU_XhPrGFx3qcrt3SzaLTGdovY/s1600-h/2010-02-23+Magnifying+Glass.jpg)
    By Eleanor Pelta, AILA First Vice President


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


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


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


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


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




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



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



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



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

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


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


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





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  • satyasaich
    06-29 09:46 AM
    My friend

    What else we lose if we stand up the plate to express some legitimate concerns?

    Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

    Unless some compelling personal reasons, i do not see any thing wrong to raise the voice

    ---
    Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
    Beware! Big Brother is watching.

    That is the reason I didn't support the US soccer team at World Cup.
    US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

    Hilarious! Couldn't resist :o





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  • latejunefiler
    07-12 09:28 AM
    Singhsa,

    Thats a great poem!!
    I have made some aesthetic changes to your document and uploaded here.

    http://www.geocities.com/latejunefiler/Ghandhigiri.pdf





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  • virald
    08-14 12:13 PM
    My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.

    Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?

    Gurus, please advice

    (BTW I have an approved I-140.)

    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


    From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    You should be okay



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  • smuggymba
    10-24 12:19 PM
    Hello,

    I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -

    If baby has to travel to india, do i need PIO or OCI?
    What is difference b/w two?
    Can i simultanesously apply for PIO/OCI along with US passport?
    What documents would I need to apply PIO/OCI along and US passport?
    How long does everything take?

    Thanks,
    ak_manu

    u can only apply PIO....US passport takes 8-9 days in regular but since u plan to travel in december, u can expedite by paying some extra fee....then apply PIO in indian consulate





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  • deardar
    09-14 03:38 PM
    i hear as if some aliens are speaking .



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  • realizeit
    03-20 02:13 PM
    The best time for seeing any good result for lobbying in the next 8 years would be the end of 2008. Precisely, from Nov-02-2008 till the day, the new president swears in.

    If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.

    The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.

    Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.

    Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.





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  • immi2006
    05-04 10:00 AM
    Based on Perm Trackers in immigration.com, the rate of approvals for EB2 based on the excel sheets seems like this :

    2005 - EB2 approval less than 30 % of the filing, 39 % is pending for a looooog time, rest are rejects
    2006 - EB2 so far - 41 % of the filing is approved,

    2005 EB3 Approval rate 44 %

    BEC to Conversion to PERM Processs - Rejection rate 78 %



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  • randallemery
    06-29 09:49 PM
    It's next Wednesday morning on July 5th on Independence Mall in downtown Philadelphia. Give me a call or email me if you are interested. I would need to know right away though.

    You can find my contact info here:

    http://americanfamiliesunited.com/index.php?option=com_contact&catid=12&Itemid=3





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  • tnite
    07-26 03:11 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending


    What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?

    If she's not planning to continue working then she has to change to H4.



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  • needhelp!
    02-13 12:41 PM
    We need a few catchy words to put in a community newsletter. This is for people who don't know about IV. It has to be something that will make people click on the text and come to IV website.

    Here are a few suggestions I have got so far:

    "Do H1Bs have the right to free speech? Check out ImmigrationVoice.org letter campaign working for you."

    "Please join Immigration Voice and participate actively in the Administrative Fix campaign"

    "If you are in this country legally, prepare for getting whacked"

    "Is GREEN CARD holding up your future and career? - Liberate yourself by participating in the Administrative Fix campaign done by Immigration Voice.

    Come on guys.. let your creative juices flow.. but keep it very short.





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  • pmamp
    11-03 02:12 PM
    I know approval for extension vastly depends on the justification or reason for extended stay. As said here... taking care of grand kids is not one of the favorable reason. That seem to tick IO off. So, just keep in mind this issue while you apply for her extension.



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  • gc_kaavaali
    11-14 04:09 PM
    somebody gave red mark...what happened???





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  • Ann Ruben
    03-30 07:27 AM
    The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)
    In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

    Hope this helps.



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  • Calouste
    07-28 03:51 PM
    I'm getting fed up with people on this forum who assume that India is the only country from which people immigrate to the US, and always only mention the India dates when talking about cut off dates, and assume that are the only dates people want to talk about.

    Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.





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  • gc_maine2
    03-26 09:11 AM
    Does anyone have experience flying in Qatar airlines, My mother in law is planing to fly by Qatar airlines. Any info would be great.

    Thanks
    Sree



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  • JunRN
    08-11 05:19 PM
    That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

    If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.





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  • vts31
    10-20 10:08 PM
    correct...and holy crap u have a lot of posts!





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  • p_kumar
    02-27 12:16 PM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:





    anishNewbie
    09-10 04:07 PM
    MS + Zero exp = I doubt if any one out there

    Hmm.. I though many people are there.. bumerr...

    Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..

    I know.. that a position should require MS or BS +5...rather than one having that degree..

    I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....


    Thank you every1 for your prompt responses...





    chi_shark
    07-28 03:23 PM
    is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!

    Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
    Do you think something is cooking? ;)