Sunday, June 26, 2011

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  • pstvak
    09-11 08:16 PM
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  • pappu
    08-12 10:55 AM
    Senate Passage of Border Security Legislation

    August 12, 2010

    Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….

    The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….

    The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.

    In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.

    Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.

    When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.

    Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.

    But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.

    Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.

    The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.

    Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”

    The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.

    This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.

    Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.

    While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.

    But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.

    Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.

    Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.

    The fee is based solely upon the business model of the company, not the location of the company.

    If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.

    But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.

    This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.

    Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.

    Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”

    The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.

    So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.

    Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….

    The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.




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  • hopefulgc
    09-11 05:06 PM
    I honestly think EB3 should be around beginning of 2004 or later
    and eb2 possibly mid 2005 or later.

    All the calculations point to that.

    visa bulletins suck donkey ass.

    totally meaningless without USCIS divulging backlog stats.




    I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?

    Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help




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  • logiclife
    04-26 04:46 PM
    My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?

    Pending H1 transfer/extension petitions can be upgraded to premium processing by sending another form (for upgrade to premium) and the premium fee of $1000.

    Some states accept H1 extension filing receipt notice. Other states dont. Depends on the state regulation and state laws. You should check with your DMV / DPS of New Jersey and ask them before you make decision to upgrade your H1 petition to premium. Maybe they will renew your DL with receipt...so check before you spend that money.



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  • Alien
    04-25 01:01 PM
    So what happens to people who already have a PD based on the labor(LC) date?

    I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.




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  • komaragiri
    08-02 04:26 PM
    i am a 2nd july filer, my cheques were cashed today. filed at nebraska
    Congrats !! Hopefully we all get some good news before the weekend !



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  • tinamatthew
    07-21 04:26 PM
    Please post. This will help all of us




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  • ssss
    08-11 03:08 PM
    I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters



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  • Green.Tech
    06-23 11:03 AM
    well, i just made my first payment for $100 thru paypal

    Receipt ID: 14F00794MF330594S

    Thanks dingdong12!

    Folks - Please continue contributing!




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  • balakot
    02-18 02:43 PM
    Look's like the DOS is trying to maintain a year difference in the priority dates for EB2-I and EB2-C.
    My guess for the April 2009 Visa Bulliten is April 1st 2004 for EB2-I and April 1st 2005 for EB2-China.



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  • pani_6
    08-13 06:35 PM
    New Action Item for EB-3




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  • rayoflight
    08-16 03:00 PM
    Hi All:

    Appreciate all the groundwork you have done so far with reference to sending out mail.

    I am based out of DC Metro area and would like to initiate / participate in meeting the lawmakers about the EB3 Issue and bringing it to their attention.

    We need to do something about it NOW.

    I am willing to take off from work and meet with whoever concerned would make a difference.

    Senior Members we need your inputs.

    Thanks,
    K



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  • CaliHoneB
    09-08 10:29 AM
    Came here in july 1997
    filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..

    I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.




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  • sandy_anand
    09-12 05:32 PM
    I applied on Feb 27th, 2007 at Atlanta (NJ employer). Still waiting...go figure! :mad:



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  • pcs
    07-05 03:13 PM
    Keep it up !!!!!!!!




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  • snathan
    02-09 10:24 PM
    Sure. I feel sorry for you. My family doesnt live off my money nor my inlaws :) and no body has ever asked me for it. Gifts sure. I buy them myself. Not that they expect it :)

    Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000



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  • nlssubbu
    07-24 06:42 PM
    If they are such smart to calculate numbers like you said, which is theoritically possible, they would not be creating mess like this for years.

    Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.

    As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.

    There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].

    This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.

    Thanks




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  • sidbee
    08-13 06:30 PM
    If anybody thinks that he can file a lawsuit against EB3 to EB2 porting , and he will win , I am pretty sure he is wrong , He is just talking from his heart.

    EB3 is screwed, and we have nothing other than hope , Wait Wait Wait.

    There is no use for EB3 to be sad , and unhappy.Enjoy your days here and work here till you want to , if u have to leave US leave US.

    Que Sera Sera..


    I am not a lawyer and this doesn't constitute as a legal advice.




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  • r_mistry
    01-07 11:27 AM
    Friends,

    Anybody received any updates on their APs for late July and early August,07 filers.

    My AP was filed on July 24th at NSC and still no news????

    Thanks in advance for your input!!




    ags123
    03-07 03:15 PM
    I hope so too Green card fever. I am just hoping >22Feb05 and not just matching Eb2 C at 15Feb05. ;);)




    rajuram
    09-01 09:40 PM
    Came in Sept 99, still waiting ....seems more like a century. Survived a major blunder by the lawyer...

    god help me and all others !



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