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  • jasonalbany
    07-04 12:28 PM
    Access to Job Market in U.S. a Matter of Degrees
    Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
    By Anna Gorman, Times Staff Writer
    July 3, 2006


    This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.

    But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.

    Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.

    "I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."

    Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."

    The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.

    Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.

    "There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."

    But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.

    "The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.

    The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.

    The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.

    There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.

    Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.

    Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.

    "The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.

    "If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."

    One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.

    Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.

    "We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."

    Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.

    Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
    They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.

    "It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

    "We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

    Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.

    If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.

    "This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."

    But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.

    "We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."

    David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.

    Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.

    Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."

    "I am really qualified," she said. "Hopefully, I will be able to teach soon."

    As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.

    "The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."




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  • hibworker
    03-28 01:30 PM
    Can anyone please respond? What should I do?

    You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.




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  • senk1s
    05-08 02:29 PM
    1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively

    2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid

    3. As of now - it should be similar and subject to interpretation

    4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump




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  • pbojja
    02-26 04:45 PM
    If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.

    wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

    What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

    I know every one wants to help others in our community but think twice before replying



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  • kevnss
    03-26 02:33 PM
    Any one has any updates/suggestions on my issue posted above?




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  • pappu
    08-10 10:30 AM
    Please fill out this form to help us assist you with the lawmaker meetings.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36


    Please make sure to put complete and correct details for us to verify you and help you with this action item.
    Thanks
    IV Team



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  • paskal
    12-21 04:36 PM
    /\/\/\/\/\/\




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  • krishgreen
    05-25 11:30 PM
    Thanks for sharing your experience.I have appt on Thursday May 27th. I am carrying all the documents with me including the letter from my project manager.

    Also, did VO asked any specific questions about employee & employer relationship if you are working for a small consulting firm.

    When you say VO asked about Employment verification letter, does he mean letter from the client or letter from your employer confirming your employment and salary details?

    Chicagobuddy: I will share my experience once I attend interview on May 27th.



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  • bmoni
    12-23 04:28 PM
    Guys, If you have done it or any of your friends have done this please share your/their experience. I am not sure its possible to port I-140 PD when you change employers as it states clearly in the document. I-140 PD invalid if you misrepresent or fraud "This includes change of employer" .

    Thanks




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  • logiclife
    12-01 03:33 PM
    The job description is the key. Titles dont matter. My official title at my company is "programmer level 3".( I am an Oracle programmer)

    That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?

    But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).

    As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.



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  • jonty_11
    07-05 04:41 PM
    I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

    I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

    Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

    Anyone gone through my kind of situation before. Please send me a PM.

    I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
    there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...




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  • BharatPremi
    05-21 10:23 PM
    Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.

    Saileshdude,

    Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?



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  • rsdang
    11-17 02:43 PM
    I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

    As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

    Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

    I have had a valid H1 and AP for a while now and travelled on AP without issues.

    Hope it helped.




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  • phillyag
    07-20 02:01 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?



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  • h1bemployee
    02-25 06:20 PM
    You need to provide more details on bold words from your post. If you really need pointers from IV members.

    in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.

    As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)




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  • nmdial
    04-21 01:48 PM
    Welcome to H city! SugarLand and Katy have very good neighborhoods with lots of desis. A lot depends upon where your office located. Cost of living is in Houston is low compared to LA, NY. Homes are "affordable". But property taxes are high (average is above 3%). Food, gas and misc. services are cheap. Insurance and utility costs are high though. Let me know if you have any specific questions.

    Thanks.



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  • krishmunn
    03-27 09:06 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question

    In the link which you provided , you are talking about Pakistan and now you say you are from India/Bangalore. That is the first thing whcih proves that you are fake.

    And most important, India does not allow someone to enter without Passport (or a travel document from consulate).

    Guys, ignore this. OP is either an anti or just trying to make fun




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  • DSLStart
    12-15 12:51 PM
    jayleno: there is nothing funny about this situation so no need to make jokes on him. He just told him about sending wife to India, because that guys uername says Atul which hail from India and not srilanka or pak or bangladesh.

    Buddy,
    Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.




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  • jthomas
    04-03 03:03 PM
    Answer to question 1 :- You cannot work for two employers and take pay checks from both of them at the same time.(being in H1B)

    Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
    I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
    3. I would wait till the H1B receipt. I don't know this answer.

    Thanks





    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    Thanks a lot!




    gcwait2007
    06-29 11:58 PM
    Chanduv23,

    What about RFE without being current? Can it also be taken as Pre-adjudicated? Pls advise.

    Thank you




    waltz
    08-24 10:17 AM
    Wisconsin Public Radio www.wpr.org

    You can listen online

    For Program On: Friday, August 24, 2007 at 9:00 AM
    According to a new report, the U.S. suffers from �brain drain� because many skilled, foreign-born workers can�t get resident visas. After nine, Kathleen Dunn talks with one of the researchers. Guest: Vivek Wadhwa, founder, Chairman, and CEO of Relativity Technologies. Executive in Residence/Adjunct Professor, Pratt School of Engineering, Duke University. www.kauffman.org



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