mhb
05-31 12:51 PM
called senators from my state
contributing $ 50 per month
contributing $ 50 per month
ramaonline
09-24 07:07 PM
uscis may come out with a rule that would exclude h4 time from h1 time. As of now, the rule has not published which means ur h1 time includes time spent in h4 status. please check with ur attorney about the expected publication of the
rule.
rule.
Phaedra
05-30 11:28 PM
Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
2)How does USCIS actually track who is employed and who is not?
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
2)How does USCIS actually track who is employed and who is not?
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
vamsi_poondla
01-19 01:17 PM
Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
more...
curiosity_76
12-29 04:26 PM
Let's do something together, and let the government aware of our problem.
Let's get more and more people in and make our voice heard!
Let's get more and more people in and make our voice heard!
godspeed
08-20 09:50 PM
Totally agree on the information front.
Our stress levels will be in control if everyone of us knows their case status.
I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.
Our stress levels will be in control if everyone of us knows their case status.
I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.
more...
Jerrome
05-21 12:42 PM
well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?
No you have to send AC21 with new EVL.
No you have to send AC21 with new EVL.
irrational
04-01 04:13 PM
May I ask which Service Center is your app in.
Mine is in TSC.
-Bipin
Mine is in TSC.
-Bipin
more...
krishnam70
03-26 12:28 AM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
diptam
08-04 12:02 AM
We July2nd filers called them this morning and they couldn't find us in DB by FN,LN, DOB...
And in the evening they are saying we are in DB but receipts are yet to be generated ???
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
And in the evening they are saying we are in DB but receipts are yet to be generated ???
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
more...
StuckInTheMuck
09-02 01:53 PM
Is your RFE regarding Medical?
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.
sp99
08-18 02:38 PM
And for contract yes they have 1 year contract though they didn't send me any documentation for that ...but it is like if u break within 1 year u will need to pay $20 for the remaining months..they say they will cut from my credit card everymonth...
more...
tikka
06-07 01:14 PM
Have you had a chance to contribute as yet? if NOT please do so soon.
IV needs funds for lobbying efforts
thank you
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
IV needs funds for lobbying efforts
thank you
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
vicsthedude
04-28 09:15 AM
I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.
There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.
There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.
more...
thakkarbhav
08-26 03:28 PM
Normally in the job ad they specify if they need greencard holder or citizen. If they have not specified and you have job then it is all set. EAD is the document which establish your right to work. so they ask it when you join them. They will take photocopy of it. You need to update them when you renew your EAD.
alterego
07-03 02:37 PM
I'm just wondering if there is a sadist there, who just want to see how much these guys can take.
What other reason could there be fore waiting until July2nd before announcing it. Atleast June 29th and they could have said after reviewing the full data for June we changed our mind. This smacks of being pre planned. I won't be surprised if the did this to sneak in a few cases with very recent priority dates, and just put July 1st approval dates on all those.
Why else they pick the slowest processing center NSC for 485 applications. A lot of this is so much crap it makes a cesspit seem clean.
They ought to be ashamed of what they did. Seems intentional to me however.
What other reason could there be fore waiting until July2nd before announcing it. Atleast June 29th and they could have said after reviewing the full data for June we changed our mind. This smacks of being pre planned. I won't be surprised if the did this to sneak in a few cases with very recent priority dates, and just put July 1st approval dates on all those.
Why else they pick the slowest processing center NSC for 485 applications. A lot of this is so much crap it makes a cesspit seem clean.
They ought to be ashamed of what they did. Seems intentional to me however.
more...
sushilup
08-22 10:37 AM
Hello Guys,
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
lj_rr
07-31 04:15 PM
Any inputs?
pappu
06-05 11:52 AM
no, no....it does not make me feel any better...
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
GC9180
06-19 05:59 PM
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
Well i feel the blood report might say something of that sort...just guessing!!
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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