Macaca
12-17 04:14 PM
From page 8 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Critics hope to make any increase in H-1B visas contingent on imposing new restrictions on companies hiring foreign-born professionals, scientists and engineers. While many of the critics’ attacks have centered on so-called “outsourcing” companies, the intent is to impose new restrictions on all companies that seek access to skilled foreign-born talent. As discussed later in this analysis, many of the restrictions put forward by Senators Richard Durbin (D-IL), Charles Grassley (R-IA), Bernard Sanders (I-VT) and Claire McCaskill (D-MO) would impact all U.S. companies hiring foreign-born talent.
Senator Grassley has said there is a "high amount of fraud and abuse" involving H-1B visas. However, an examination of objective data belies this statement. When questioned by the Wall Street Journal a Grassley spokeswoman cited only anecdotal evidence, saying, “People have called our office.” By objective measurements there is not evidence of significant abuse but modest problems that are addressed through agency enforcement.
The data show it would be mistake to tar all companies with the faults of literally a few. Of the $4.8 million owed in back wages in 2004, more than half (53 percent) came from findings against just 7 companies, none of whom are household names. Abuse does occur but the evidence indicates it is limited and of a character that can be handled within existing laws and regulations.
In fact, the amount of back wages owed to H-1B workers, small as it is, actually fell between FY 2005 and FY 2006. Moreover, the aggregate total of back wages owed is almost infinitesimal placed in the context of a $13 trillion economy. In FY 2005, only $5.2 million in back wages were owed to H-1B professionals based on DOL investigations and the total dropped to $4.6 million in FY 2006. Consistent with other years, 86 percent of the cases investigated (104 of 121) in FY 2005 resulted in no civil monetary penalties being assessed. In FY 2006, no civil monetary penalties were assessed in 89 percent of the cases completed (14 of 133).
The data show the vast majority of cases investigated by the Department of Labor have involved only paperwork violations, not willful abuse, and that back wage payments were generally fairly small. The proportion of H-1B professionals owed back wages is also small. Back wages were owed to less than 1 percent (0.28 percent) of the individuals who received H-1B status between FY 1999 and FY 2002 – a total of 1,323 individuals out of approximately 473,000 individuals.
Critics hope to make any increase in H-1B visas contingent on imposing new restrictions on companies hiring foreign-born professionals, scientists and engineers. While many of the critics’ attacks have centered on so-called “outsourcing” companies, the intent is to impose new restrictions on all companies that seek access to skilled foreign-born talent. As discussed later in this analysis, many of the restrictions put forward by Senators Richard Durbin (D-IL), Charles Grassley (R-IA), Bernard Sanders (I-VT) and Claire McCaskill (D-MO) would impact all U.S. companies hiring foreign-born talent.
Senator Grassley has said there is a "high amount of fraud and abuse" involving H-1B visas. However, an examination of objective data belies this statement. When questioned by the Wall Street Journal a Grassley spokeswoman cited only anecdotal evidence, saying, “People have called our office.” By objective measurements there is not evidence of significant abuse but modest problems that are addressed through agency enforcement.
The data show it would be mistake to tar all companies with the faults of literally a few. Of the $4.8 million owed in back wages in 2004, more than half (53 percent) came from findings against just 7 companies, none of whom are household names. Abuse does occur but the evidence indicates it is limited and of a character that can be handled within existing laws and regulations.
In fact, the amount of back wages owed to H-1B workers, small as it is, actually fell between FY 2005 and FY 2006. Moreover, the aggregate total of back wages owed is almost infinitesimal placed in the context of a $13 trillion economy. In FY 2005, only $5.2 million in back wages were owed to H-1B professionals based on DOL investigations and the total dropped to $4.6 million in FY 2006. Consistent with other years, 86 percent of the cases investigated (104 of 121) in FY 2005 resulted in no civil monetary penalties being assessed. In FY 2006, no civil monetary penalties were assessed in 89 percent of the cases completed (14 of 133).
The data show the vast majority of cases investigated by the Department of Labor have involved only paperwork violations, not willful abuse, and that back wage payments were generally fairly small. The proportion of H-1B professionals owed back wages is also small. Back wages were owed to less than 1 percent (0.28 percent) of the individuals who received H-1B status between FY 1999 and FY 2002 – a total of 1,323 individuals out of approximately 473,000 individuals.
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desi485
02-26 03:06 PM
I dont think they will stamp like that...If you show only AP they stamp I-94 based on its expiry says AOS pending or If you show only H1-B visa on PP they stamp I-94 based on Visa expire date..
But showing both at POE doesn't not give any value and also it might confuses IO..
HTH,
YTH.
Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.
HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.
Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???
However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.
Note: As many people have specified in their signature, this is not a legal advice and always consult your own attorney for your own case with all the details.
But showing both at POE doesn't not give any value and also it might confuses IO..
HTH,
YTH.
Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.
HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.
Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???
However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.
Note: As many people have specified in their signature, this is not a legal advice and always consult your own attorney for your own case with all the details.
waitforevergc
05-08 11:43 PM
Don't worry about what feedback people gave you. People are jealous of you. Understandbly so, because of dates going back all the time. You deserve what you got and you got what you deserve (I mean the citizenship and not the lousy feedback no one should care abt). You have pretty good educational background too.
Now, that you had your sense of fulfillment and wallowed in it, can you share some info with us? :) I asked you a couple of questions, which I would love to get answers to.
Sir, I take offence for your comment.
How did you conclude that others are 'jealous' of desi####
How is that getting a citizenship is an achievement? Just because we are way behind in PD, it will take time for us. Does that mean we are 'jealous'? And if we apply for citizenship in due course, even we will get it.
Personally, I am not jealous. That doesnt mean I cannot have a different opinion from him.
Could you care to expand this statement of yours?
"You have pretty good educational background too."
Are you saying that others dont have and that is why they are jealous? Think before you comment please. Thank you.
Now, that you had your sense of fulfillment and wallowed in it, can you share some info with us? :) I asked you a couple of questions, which I would love to get answers to.
Sir, I take offence for your comment.
How did you conclude that others are 'jealous' of desi####
How is that getting a citizenship is an achievement? Just because we are way behind in PD, it will take time for us. Does that mean we are 'jealous'? And if we apply for citizenship in due course, even we will get it.
Personally, I am not jealous. That doesnt mean I cannot have a different opinion from him.
Could you care to expand this statement of yours?
"You have pretty good educational background too."
Are you saying that others dont have and that is why they are jealous? Think before you comment please. Thank you.
2011 wallpaper Happy Diwali,
ash0210
03-09 11:48 AM
Looking at discussion going on here, its sure that IV have financial problems & only 5% (of total 8000 members) are contributing for the cause. Now, if we restrict IV website for "paid" visits, dont you think that IV membership is reduced by 95% to only 400 paying members?
Instead of making "Paid" web site, I think Moderators needs to delete derogatory posts & block such userids.
Instead of making "Paid" web site, I think Moderators needs to delete derogatory posts & block such userids.
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eb3_nepa
02-05 04:07 PM
I don't think the only reason is "wife's cannot work".. The other reason for most is changing employers, and career growth while I-485 is in process.
You can keep changing employers once your I-140 is approved. You need to restart ur GC process but you can keep ur PD (if not revoked) and get a 3 year extension immediately based on the Approved I-140.
Sure it's not the best case scenario, but atleast you CAN do it. But for most married folk their spouses on H4 CANNOT work without EADs or waiting a year till the H1 quota opens. Even with the quota opening unless your spouse is into business or IT it is VERY tough to get an H1 for the spouse.
You can keep changing employers once your I-140 is approved. You need to restart ur GC process but you can keep ur PD (if not revoked) and get a 3 year extension immediately based on the Approved I-140.
Sure it's not the best case scenario, but atleast you CAN do it. But for most married folk their spouses on H4 CANNOT work without EADs or waiting a year till the H1 quota opens. Even with the quota opening unless your spouse is into business or IT it is VERY tough to get an H1 for the spouse.
cooldude
07-19 09:59 AM
Thats why it was sent to the PHYSICAL ADDRESS of USCIS.
Thanks
Thanks
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senthil1
02-13 11:55 PM
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
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casinoroyale
06-23 12:44 AM
sunilbhai, thanks for the information.
I have gone thru this whole thread and here is list of all distinct insurance plans that were brought up. It seems like
(A) IMGGlobal is popular
(B) ATLAS America seems to provide little hope for people looking for pre-existing condition coverage.
List:
1) Kaiser
2) AIG
3) Tata-AIG
4) IMG Global
5)
7) ICICI-Lombard
8) http://health.indnet.org/ (India Network - Underwritten by AIG)
9) http://www.nriol.com/insurance/insurance-worldmed-long-term.asp
10) Atlas America
I have gone thru this whole thread and here is list of all distinct insurance plans that were brought up. It seems like
(A) IMGGlobal is popular
(B) ATLAS America seems to provide little hope for people looking for pre-existing condition coverage.
List:
1) Kaiser
2) AIG
3) Tata-AIG
4) IMG Global
5)
7) ICICI-Lombard
8) http://health.indnet.org/ (India Network - Underwritten by AIG)
9) http://www.nriol.com/insurance/insurance-worldmed-long-term.asp
10) Atlas America
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swamy
12-12 10:28 PM
Excuse my cynicism, but that hasn't quite worked out with the crowd in question (so far... ). :)
jazz
You are right to be cynical and without the vb helping us in a perverse way maybe the fundraising wouldve been doa. still, it just doesn't feel right - Im too tired to backit up in a convincing way now, maybe tomorrow- but as i said earliuer its just a gut feeling.
jazz
You are right to be cynical and without the vb helping us in a perverse way maybe the fundraising wouldve been doa. still, it just doesn't feel right - Im too tired to backit up in a convincing way now, maybe tomorrow- but as i said earliuer its just a gut feeling.
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canleo98
07-26 11:09 PM
My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.
I guess I feel more and more hopeless by each second/minute
My PERM application (5/28/07 PD) stuck at Atlanta
In meantime I asked my lawyer what my employer would need to get for me (my employer has been a major pain and slow beyond words...took years to get PERm going...i'm seriously just done/depressed with so much). My lawyer said they would need to provide 2006 tax docs and sign bunch of papers etc.
Checked with employer...it's an average work place...must have 100 employees i think....and i'm told by HR (this woman in charge seriously has some stuff against me...i don't know) that they don't have 2006 returns, just 2005...come on a legal place like them has to have filed 2006 return.... but this is what i'm told..
I guess what's the point...without those docs, which i assume are initial evidence, i have no hope....
me...really sad....
I guess I feel more and more hopeless by each second/minute
My PERM application (5/28/07 PD) stuck at Atlanta
In meantime I asked my lawyer what my employer would need to get for me (my employer has been a major pain and slow beyond words...took years to get PERm going...i'm seriously just done/depressed with so much). My lawyer said they would need to provide 2006 tax docs and sign bunch of papers etc.
Checked with employer...it's an average work place...must have 100 employees i think....and i'm told by HR (this woman in charge seriously has some stuff against me...i don't know) that they don't have 2006 returns, just 2005...come on a legal place like them has to have filed 2006 return.... but this is what i'm told..
I guess what's the point...without those docs, which i assume are initial evidence, i have no hope....
me...really sad....
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vine93
01-05 11:19 AM
Posted my Story too including Buying home and visa recapture.
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hibworker
03-26 07:12 PM
Soft LUD on Mar 19, didn't apply for EAD / AP. 485 Received date of Aug 1, 2007
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natrajs
09-15 10:31 PM
Recd the CPO E mail today @ 7 PM EDT - 9/15 from TSC
EB2- June 04
Attorney Sent a Letter to AILA liason on 8/20
Called TSC on 8/27/ - Opened a SR
Called TSC again on 9/3 - CSR told me that they sent a reply for the SR opened on 8/27
Recd the SR - reply on 9/4/09 stating that " your Application processing is pending/delayed"
Called Senator office on 9/9/09 and sent fax
Called Senator office on 9/14/09 - Liason officer told me that it will take 30 to 60 days to get the response.
Called other Senator office on 9/14/09 , Sent the fax
Called again to II Senator office on 9/15/09, I was told to call back after 15 days to get the respose
Called TSC again on 9/15/09 around 4.45 PM EDT, Talked CSR , So nice , she eve discussed about the weather , summer time events etc, I told her about the letter I have recd for my SR ( 8/29), she asked if it mentioned any time frame, And i told her "No", then she said it is very unusaul and tranferred my call to the officer,
1st he told me the current processing time is 9/07/07 and my ND is 9/28/07 so my application has a 21 days lag, Then I told him that my application has mailed on 8/7/09, I also mentioned about the letter i received for SR, then he started asking questions about the receipt # and case details
The the officer verified following details
My first name,
Last name,
Address, Zip code, Door #,
fathers first name
mothers first name,
4 Digit SSN
and then told me that your case is under review with an officer from 8/29/08( Then I realized both of us had a Soft LUD on our application on 8/29/08) , I told him about that, the he said yes it is , it is related to the interal process. Then I asked him that What can i do now, He said, Keep your faith and finger crossed asked to me keep on calling USCIS TSC office every week to check about my case.
I really don't know whether he is playing with me or what.
what ever it is I got the CPO e mail @ 7 PM EDT
10 Yr wait is over.
Thank you all, I am not going away, Tristate leadership knows me very well, and I will be involved all the effort of the IV
EB2- June 04
Attorney Sent a Letter to AILA liason on 8/20
Called TSC on 8/27/ - Opened a SR
Called TSC again on 9/3 - CSR told me that they sent a reply for the SR opened on 8/27
Recd the SR - reply on 9/4/09 stating that " your Application processing is pending/delayed"
Called Senator office on 9/9/09 and sent fax
Called Senator office on 9/14/09 - Liason officer told me that it will take 30 to 60 days to get the response.
Called other Senator office on 9/14/09 , Sent the fax
Called again to II Senator office on 9/15/09, I was told to call back after 15 days to get the respose
Called TSC again on 9/15/09 around 4.45 PM EDT, Talked CSR , So nice , she eve discussed about the weather , summer time events etc, I told her about the letter I have recd for my SR ( 8/29), she asked if it mentioned any time frame, And i told her "No", then she said it is very unusaul and tranferred my call to the officer,
1st he told me the current processing time is 9/07/07 and my ND is 9/28/07 so my application has a 21 days lag, Then I told him that my application has mailed on 8/7/09, I also mentioned about the letter i received for SR, then he started asking questions about the receipt # and case details
The the officer verified following details
My first name,
Last name,
Address, Zip code, Door #,
fathers first name
mothers first name,
4 Digit SSN
and then told me that your case is under review with an officer from 8/29/08( Then I realized both of us had a Soft LUD on our application on 8/29/08) , I told him about that, the he said yes it is , it is related to the interal process. Then I asked him that What can i do now, He said, Keep your faith and finger crossed asked to me keep on calling USCIS TSC office every week to check about my case.
I really don't know whether he is playing with me or what.
what ever it is I got the CPO e mail @ 7 PM EDT
10 Yr wait is over.
Thank you all, I am not going away, Tristate leadership knows me very well, and I will be involved all the effort of the IV
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voldemar
02-28 02:05 PM
Now I understand. This guy PBECiskillingme bought a substituted labor (used illegal means) to get his application to move ahead. He thinks everyone is like him and thus criticized IV on our forums. It is because of people like him and employers that sell LC, we all get a bad name. He should also be reported to DOL and USCIS.Very strange and insulting conclusions. The only thing I was telling is that there is still time to get labor substitution done. Also there is a risk. Till substitution is banned it's not illegal.
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sanju
09-24 12:08 AM
so let me understand it, you are saying that you don't agree with something that's why it has got to be wrong. Its not wrong because it is wrong, but its wrong because you don't support it. Is that right? And because you don't support it, it has got to be unfair and that's why its wrong. Isn't that what you just said?
I made the post there. Since you are making some funny comments along with clarification, not sure if you are really looking for the information. But here goes
1) Removal of per-country quota: Claimed to be fair for everyone. Not really. It only helps Indians and Chinese. ROW will see a serious degradation in the time they will get their GCs. I am sure there will be lots of bashing based on this, but the fact of the matter is that such action is not suitable for non I/C applicants.
2) The Rich guy comment is based on the latest (supposedly supported by the CORE no less) action which is to ask for legislative changes if you have money to throw in to buy a house with 20% down.
So yes, I do stand by my statement that IV is devolving into less than general purpose immigration group.
I am EB3-India, yet I dont support the removal of per country limits, as there is a reason for the diversity rule, Indians and Chinese are currently on the wrong side of the equation so it seems "fair" to remove the quota.
I made the post there. Since you are making some funny comments along with clarification, not sure if you are really looking for the information. But here goes
1) Removal of per-country quota: Claimed to be fair for everyone. Not really. It only helps Indians and Chinese. ROW will see a serious degradation in the time they will get their GCs. I am sure there will be lots of bashing based on this, but the fact of the matter is that such action is not suitable for non I/C applicants.
2) The Rich guy comment is based on the latest (supposedly supported by the CORE no less) action which is to ask for legislative changes if you have money to throw in to buy a house with 20% down.
So yes, I do stand by my statement that IV is devolving into less than general purpose immigration group.
I am EB3-India, yet I dont support the removal of per country limits, as there is a reason for the diversity rule, Indians and Chinese are currently on the wrong side of the equation so it seems "fair" to remove the quota.
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arunmohan
02-13 02:56 PM
Hello:
I am working on EAD for company B. Company B filed H1 transfer for me before May 2007. I heard that You can transfer you H1 and EAD both with new company but I did not aware about this rule, I started working on EAD. Is it possible to go back on H1 which company B filed? I have not yet used AP for travelling abroad.
Regards,
I am working on EAD for company B. Company B filed H1 transfer for me before May 2007. I heard that You can transfer you H1 and EAD both with new company but I did not aware about this rule, I started working on EAD. Is it possible to go back on H1 which company B filed? I have not yet used AP for travelling abroad.
Regards,
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gcformeornot
01-31 10:56 PM
entire debate, except for may be one statement for legal immegrants there was no mention of questions we so passionately voted for. I think its mostly a lost battle.... for us. Unless we unite and stand strongly.......
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sbabunle
08-19 04:11 PM
Right on bro
((Frustration + Malice - Grace) * Jealousy) ^ (Low linguistic skills) = This post
:rolleyes:
((Frustration + Malice - Grace) * Jealousy) ^ (Low linguistic skills) = This post
:rolleyes:
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abqguy
06-02 03:05 PM
They all took down the message, very friendly and said they will pass on the message to the House Reps.
qplearn
11-16 12:08 PM
PAPPU and Others,
We pay taxes PLUS Social Security for which we dont get any benefit. Dont miss that.
Let us be assertive about that.
Not sure if the social security taxes are for immigration benefits. Also, the taxes we pay are for several other services that we get in the US. Remember, even as non-citizens, we get millions of benefits such 911, clean roads, and the list will go on. Why do you think we want to immigrate in the first place? For example, if a law is passed to return to us all the taxes that we have paid but we must leave ASAP, how many will be in its favor?
I don't think this kind of an argument will hold any water with the press or lawmakers. There are other good VALID arguments, and we should stick to them.
We pay taxes PLUS Social Security for which we dont get any benefit. Dont miss that.
Let us be assertive about that.
Not sure if the social security taxes are for immigration benefits. Also, the taxes we pay are for several other services that we get in the US. Remember, even as non-citizens, we get millions of benefits such 911, clean roads, and the list will go on. Why do you think we want to immigrate in the first place? For example, if a law is passed to return to us all the taxes that we have paid but we must leave ASAP, how many will be in its favor?
I don't think this kind of an argument will hold any water with the press or lawmakers. There are other good VALID arguments, and we should stick to them.
EndlessWait
11-01 08:37 PM
move...u dont need to post a msg...
