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  #1 (permalink)  
Old 02-13-2009, 12:40 AM
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Default Breaking news update on HR1

After the last report, we have now received conflicting information about the removal of anti legal skilled immigration provision from bill H.R.1. We have received unconfirmed information that anti legal skilled immigration provision to ban H1B/L-1 for TARP funded companies may have been in the H.R.1.

We are in the process of verifying this information which is unconfirmed at this time. We will post updates as soon as we are able to share further information. Please standby.

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  #2 (permalink)  
Old 02-13-2009, 02:27 AM
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Hmm... So the roller-coster continues.
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Old 02-13-2009, 02:56 AM
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The bill language posted on House's website seems to be missing the last two Titles of Division A of the bill, one of which used to include the H-1B section in the Senate version.

In the Joint Explanatory Statement - Division A, page 134, it seems the H-1B section is still in there, although not sure the exact language, i.e. whether the exemption for employees with master degrees or more than $60k salary is applicable or not.

http://rules.house.gov/
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Old 02-13-2009, 03:04 AM
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In the light of current events, it is possible that h1 restriction will be in place even if everify is stripped out. Recall the turn of events the last time something came out of Iowa in the news. Coincidence?
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Old 02-13-2009, 03:17 AM
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The updated bill language is complete now. H-1B section is on page 494.

http://www.rules.house.gov/111/LegTe...legtext_cr.pdf

Quote:
Originally Posted by zhyue View Post
The bill language posted on House's website seems to be missing the last two Titles of Division A of the bill, one of which used to include the H-1B section in the Senate version.

In the Joint Explanatory Statement - Division A, page 134, it seems the H-1B section is still in there, although not sure the exact language, i.e. whether the exemption for employees with master degrees or more than $60k salary is applicable or not.

http://rules.house.gov/
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Old 02-13-2009, 03:31 AM
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Everyone is silent on this including AILA and anti immigrants. Some anti immigrants gave up on this. One reason is they expected outright ban as it was originally introduced. After it was diluted they lost interest. AILA is not sure whether it deleted or included. It will be confirmed in 1 or 2 days

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Originally Posted by zhyue View Post
The updated bill language is complete now. H-1B section is on page 494.

http://www.rules.house.gov/111/LegTe...legtext_cr.pdf
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Old 02-13-2009, 01:38 PM
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Quote:
Originally Posted by senthil1 View Post
Everyone is silent on this including AILA and anti immigrants. Some anti immigrants gave up on this. One reason is they expected outright ban as it was originally introduced. After it was diluted they lost interest. AILA is not sure whether it deleted or included. It will be confirmed in 1 or 2 days
The AP story was easy to critique on. It would be difficult for groups like AILA to respond to visa fraud allegations. This only makes Grassley's case more stronger.

Grassley is part of the joint committee. It is likely that the final rule will include tougher sanctions for H-1B. The unfortunate part is that this labels entire H-1B/EB community as fraudulent and cheap labor. Most people don't see the difference or don't want to ask what percentage of EB people are involved in such alleged schemes. It will have detrimental effect on those who abide by the rules and do everything right. It will make it harder to make a case for recapture, quotas, etc.
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Old 02-13-2009, 01:41 PM
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There is one way to turn this in our favor, if legal immigrant community can project that this kind of frauds a causing lot of problem for people who follow the rules!!
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  #9 (permalink)  
Old 02-13-2009, 01:46 PM
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Default Stimulus Bill Conference Committee Reached Final Agreement and Accepted Senate Bills

AS PER IMMIGRATION-LAW.COM
02/13/2009: Stimulus Bill Conference Committee Reached Final Agreement and Accepted Senate Bills to Remove E-Verify Bill and Accept H-1B Bill

AILA has reported that the House-Senate compromise final version of Stimulus bill which is expected to be passed by both Senate and House this week does not include E-Verify bill but keep the TARP-funded H-1B Employer bill. This means that the Conference Committee accepted the Senate version of the Stimulus bill when it comes to these two immigration-related bills. As we reported earlier, the final version of the Senate bill that was sent to the Conference Committee did not include the E-Very bill as the bill was not approved by the Senate, while the Senate passed the Sanders H-1B bill relating to the TARP and was included in the Senate's final bill. E-Verify proposals were knocked down in the two different bills. The other bill was introduced by the powerful Senator Leahy as S.A. 331. This amendment was never approved by the Senate and his bill was not included in the Senate final bill which was presented to the Conference Committee. The bad part of failure of S.A. 331 is EB-5 extension bill. S.A. 331 included EB-5 Regional Center Pilot Program extension beyond March 6, 2009. One up and one down!
It appears that the employers, immigrants, and even some immigration practioners do not comprehend the extent of impact and scope of the TARP-related H-1B bill. This amendment to the current H-1B law can have impact on employers far beyond their common sense reading of the bill. As we reported earlier, since most of these TARP-funded employers have laid off employees including high-tech and financial professionals, they are practically shut out of FY 2010 H-1B cap filing. Additionally, since they are required to engaged in recuritment process to test the labor market for U.S. workers before they consider filing of H-1B petitions, this requirement alone will shut them out of the FY 2010 H-1B lottery process. The employers appear to include not only banking institutions but "any" businesses that have received TARP fund, and depending on how this is interpreted, the scope of the employers that will be hit by this law can be far reaching. This law on the surface can help the consulting buisnesses, but we will have to wait and see whether the law will be interpreted to consider hiring of H-1B foreign workers by TARP-funded busineses in the name of "consultants" through consulting companies as it can be considered a circumvention of the intent of the law. Since it is almost certain that this law may take effect from next week, employers and their legal counsels should review their options to deal with the changing environment under the new law.
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  #10 (permalink)  
Old 02-13-2009, 03:02 PM
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Default

Any action item from the Core team?
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Last edited by newuser; 02-13-2009 at 03:05 PM.
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  #11 (permalink)  
Old 02-13-2009, 05:03 PM
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Unhappy The test remains

Looks like the house version of the bill passed has the H1B ban clause in it. .

This is not bad only for those who are looking for jobs, but would also mean that H1B's laid off would have a tough time getting a new job. Even if there are ample of places looking to hire.

Last edited by gauravster; 02-13-2009 at 05:19 PM.
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Old 02-13-2009, 05:34 PM
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Default Bonded labor

I just realised that for people in financial companies on a H1B, this will become almost like bonded labor. TARP money has been given to almost all firms in Financial industry. So what is effectively being said that those people will not be able to change there jobs as well.

Earlier it used to be that you cannot change the employer after applying for Green card, now you cannot change your job even on a H1B.

Last edited by gauravster; 02-13-2009 at 05:40 PM.
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Old 02-13-2009, 06:04 PM
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Default how about working on EAD

does it apply to them as well? can someone join these companies on EAD instead.
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  #14 (permalink)  
Old 02-13-2009, 06:52 PM
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Default How does it affect when you do H1 transfer?

I thought it affects when you file new H1 or H1 extension for the same financial company.

Why prevents the employee from doing H1 tranfer to another non-TARP company?
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  #15 (permalink)  
Old 02-13-2009, 07:14 PM
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Default Trade Barriers!

By ensuring that Indians do not get H-1 B visas and don't require their services; the US Government is building Trade Barriers in terms of American Goods sold there!!!

WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!


Quote:
Originally Posted by gauravster View Post
I just realised that for people in financial companies on a H1B, this will become almost like bonded labor. TARP money has been given to almost all firms in Financial industry. So what is effectively being said that those people will not be able to change there jobs as well.

Earlier it used to be that you cannot change the employer after applying for Green card, now you cannot change your job even on a H1B.
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