Friday, June 10, 2011

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  • harivenkat
    05-06 08:54 PM
    Tech firms play quiet role in immigration-overhaul push - Politics AP - MiamiHerald.com (http://www.miamiherald.com/2010/05/06/1617199_p2/tech-firms-play-quiet-role-in.html)




    WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.

    Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.

    Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.

    "To not be able to hire the people who really drive innovation in our company is a frustration," he said.

    The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.

    Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.

    "Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."

    For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.

    "The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."

    Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.

    Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.

    The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.

    The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.

    Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.

    "Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."

    Tech industry representatives disagreed.

    "We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."

    The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.

    Schumer's office didn't respond to requests for comment.

    Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.

    "I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.

    Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.

    The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.

    Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.

    PROVISIONS THAT WOULD AFFECT TECH SECTOR:

    Green cards (legal permanent resident visas):

    * Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.

    * The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.

    H-1B visas (temporary work visas for foreign workers in specialized jobs):

    * Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.

    * Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.





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  • Enginator
    09-17 12:58 PM
    My school has a rule where 6 credit hours for grad school are considered full time, whereas for most other schools its 9 credits. Because of this I am forced to take 3 credits per semester because of my H1 status, and to remain as a part time. I dont recommend taking a risk at this stage, and though this makes me a quarter part time student, its better than taking no classes :)





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  • howzatt
    11-05 09:07 AM
    I have a notice date of Oct 1st but no EAD yet. Anybody else in similar situation? My application reached NSC on AUg 13th.

    I have received FP notices on Oct 29th





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  • rc0878
    10-25 08:40 AM
    Quizzer,

    This is a great idea. My EB3 pending for almost a year now at NSC and cases at TSC are being cleared well with in the 6 month timeframe.

    I really wish IV could take this as a top priority issue.

    Lets have other members support us in this.

    RC



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  • seeniraj
    03-20 10:47 PM
    Do you know the reason for the 140 denial ?





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  • sundarpn
    08-03 10:23 AM
    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)



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  • insbaby
    02-25 04:23 PM
    ** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

    ** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

    ** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

    ** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

    Add many more, there are 101 ways to torture a non-immigrant.





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  • Can2004
    03-02 11:35 PM
    Thanks guys. Luckily I still have the U-haul rental receipts and all credit card statements for that period. Will send all that. I hope that will help.



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  • hazishak
    10-20 10:37 AM
    Mine was around the same time. Not even a LUD. Processing time is hopeless.





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  • telekinesis
    09-06 04:02 PM
    Thanks...again :P

    I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.



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  • lelica32
    04-16 12:56 PM
    Is it B1 or B2 visa ?

    Even with a B visa you cannot work without permision from DHS.





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  • nave_kum
    09-12 04:33 PM
    Just like *ranga*, *billa* also has a story.

    billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.

    Lets help to keep Billa and Ranga in the US. Lets all go to the rally

    This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D



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  • pappu
    08-14 02:36 PM
    Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
    evaluate your pros and cons based on your own unique situations.

    the BEC uses old generous rules to process applications. thus chances of success are better

    perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.

    you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.

    bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.

    in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.

    thus priority dates are more important. make sure any decision you take maintains your old date.





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  • rajivkumarverma
    10-15 09:26 PM
    Hi
    I filled my I-140 & I-485 on Aug 2007.
    My I-140 got denied on August 28-2008.
    I came to know about my denial on Oct-15-2008
    I did not get any REF on my I-140
    My I-140 was filled under EB-2 category
    My Labour does not metion anything about EB2 or EB3

    What are my options ??? :confused:
    Can I apply for MTR? My attorney is saying you need to start all over again
    Please advise



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  • praveen888
    04-09 09:45 PM
    Ken,

    I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.

    We never worked in FL state.

    My case is tranfered on 8th April'08 and a LUD today(9th April 08).





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  • walking_dude
    08-04 11:03 AM
    Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.



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  • aranya
    01-15 11:32 AM
    Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?





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  • Legal_In_A_Limbo
    04-28 10:07 AM
    have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.





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  • EkAurAaya
    06-19 11:11 AM
    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D

    Story of my life :D

    Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!





    venkatosizolon
    03-28 11:46 PM
    I was in between projects when they didnt pay but this time they are not paying when I am on project. shoud I make difference when I will complain?





    ups
    03-27 02:42 PM
    Could you please link the relevant information.It would be nice to know about it.

    thx


    http://murthy.com/news/UDh1iii.html

    If you go outside of US for more than one year than only you will be count against quota.If you were on H1 and stopped working for more than one year and still in US than also you are not counted in quota.



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