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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 04-04-2007, 02:18 AM
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samrat_bhargava_vihari is infamous around these parts samrat_bhargava_vihari is infamous around these parts
Thumbs up Can we ( EB -GC people) benefit from H1-B current demand.

I am trying to think this as an opportunity to show the US law makers and people that high skill demand is more enough systems like EB-GC and H1 are suffering from annual cab.

1) By tagging this as a legal immigrant issue we can highlight EB visa backlog also another legal immigrant issue and we will be
with most of the big companies.

2) Another reason for H1-b demand may be because H4's try for H1. If they give Work permit or EAD for H4 then demand will reduce
and more work force will be available in US.

3) Since cab reached in 1 day ( with record number of applications) there will be lot of media focus on this issue. So we will surely benefit from this if we plan good and supply good stories to media.
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  #2 (permalink)  
Old 04-04-2007, 05:46 AM
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Default high skilled immigrants held hostage

by now pretty much people on both sides of the fence -liberals and conservatives have come to a loose consensus that high skilled immigrants are an important part of this country. There will be the restrictionists that cannot see logic and manipulate data (read communist lou dobbs and his ilk). The problem is that every time any bill or legislation comes on the table (like SKIL) that favors high skilled and US advanced degree holders, it is held hostage by the ultra liberal and the ultra conservative (Kennedy and Sessions respectivelly) in favor of comprehensive immigration reform.

If what Matthew Oh is reporting is correct, that the ratio of filers to alloted visas is 3:1 then many companies are in for a rude awakening. Its high time people stop holding advanced degree holders hostage because of illegal immigrants or because of issues with body shoppers. It is time to reform at least one component of immigration reform.

Already I spoke with 2 friends with H1s whose wives have masters degrees from the US, on OPT and in the process of getting their H1bs. They have had enough of this nonsense and have decided to go back to India if after all their education and skills they are held hostage by a lottery and a few politicians.
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  #3 (permalink)  
Old 04-04-2007, 08:18 AM
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Very well said yabadaba. I wrote this few weeks from now. Ultra liberals (pro-illegals) are hostages high skilled legal provisions. High skilled community is dying today. They should not hold our provisions, if they do not reach to common ground for illegals.

Quote:
Originally Posted by yabadaba
by now pretty much people on both sides of the fence -liberals and conservatives have come to a loose consensus that high skilled immigrants are an important part of this country. There will be the restrictionists that cannot see logic and manipulate data (read communist lou dobbs and his ilk). The problem is that every time any bill or legislation comes on the table (like SKIL) that favors high skilled and US advanced degree holders, it is held hostage by the ultra liberal and the ultra conservative (Kennedy and Sessions respectivelly) in favor of comprehensive immigration reform.

If what Matthew Oh is reporting is correct, that the ratio of filers to alloted visas is 3:1 then many companies are in for a rude awakening. Its high time people stop holding advanced degree holders hostage because of illegal immigrants or because of issues with body shoppers. It is time to reform at least one component of immigration reform.

Already I spoke with 2 friends with H1s whose wives have masters degrees from the US, on OPT and in the process of getting their H1bs. They have had enough of this nonsense and have decided to go back to India if after all their education and skills they are held hostage by a lottery and a few politicians.
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Old 04-04-2007, 09:40 AM
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They will enact a law to increase H1B and perhaps forget about GC provisions. This country, employers and Attorneys want exactly that. Indentured servitude. Why else will Sen Durbins reform not include some level of employe independence for H1B holders. They never want that.
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Old 04-04-2007, 11:06 AM
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Quote:
Originally Posted by janakp
Even with the current law, have you seen how many employers have been punished for employing illegal aliens. Do you know the penalty for getting caught. It is a mere $500 and nothing else. And you will be surprised to know that not even 100 employers have been fined last year.
http://www.ice.gov/pi/news/newsrelea...28sandiego.htm

At a hearing here this morning, U.S. District Judge Barry T. Moskowitz sentenced Golden State's president, Melvin Kay, to three years probation, with 180 days of home confinement, and a $200,000 fine. The company's vice president, Michael McLaughlin, was sentenced to three years probation, with 180 days of home confinement, and a $100,000 fine. In addition, the Judge ordered the Riverside, Calif., corporation to forfeit $4.7 million of proceeds generated by its illegal hiring practices.
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Old 04-04-2007, 11:35 AM
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Default We should write to the senators

I think we should write to the senators about the need to increase EB numbers and about the need to allow H4 people to work.

Some time back, I have prepared a draft request for allowing H4 people to work and here is it.

The reasons:
1. They are here legally.
2. L4 and J4 can work. It does not make to sense to restrict only H4 from working.
3. Most of the H4 people are women. It would empower the woman, if they can earn money.
4. Highly qualified.
5. Economy would improve.
6. Would prevent high qualified spouces to return to their mother country.
7. Would encourage the family to investing their money in the US.

The action plan:
1. Prepare and finalilze this letter.
2. Send the letter to all your friends with H4
3. Request them to send the letter in hard copy or in e-mail to all US senators (or who ever is responsible for immigration matters)

H1techSlave
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  #7 (permalink)  
Old 04-04-2007, 11:51 AM
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Default

There may be a huge voice by AILA and other big corporation due to the current record breaking application of H1B in one day and eventully it becomes a lottery process. We need to moniter any interm-relief efforts by these corporations to temporarly increse the H1B quota for this year before CIR/STRIVE. I strongly hoping this will become a hot issue. If it happens, we (IV) should try to attach EB relif, particulary increasing the GC numbers for this year 2007 to clear the backloggs..

This is my opinion..
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  #8 (permalink)  
Old 04-04-2007, 11:58 AM
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Already AILA has started their effort..

http://capwiz.com/aila2/issues/alert...589591&type=CO

Whats our statergy now?
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Old 04-04-2007, 12:11 PM
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If they investigate properly why H1b is reached in one day I am sure they will reform H1b before increasing cap. 150k H1bs in one day. Most of them are for jobs are not readily available. Body shoppers wanted H1b and they will find jobs in 1 to 2 year time. It should be other way. Jobs should be available and they should apply H1b.Also nowadays every H1 persons knew some consulting companies. They are applying for their spouse, friends and family thro some consulting company. Also last year many people including master degree from USA could not apply H1b because of Cap reached. Do you think if they increase 200k H1b cap will not be reached?. It will be reached within a few weeks. This news may not necessarily positive except that Lawyers are creating noise. If this frenzy goes like this Corporations may ask to reform H1b so that preference to American companies can get H1b instead of foreign companies.

Quote:
Originally Posted by Ramba
There may be a huge voice by AILA and other big corporation due to the current record breaking application of H1B in one day and eventully it becomes a lottery process. We need to moniter any interm-relief efforts by these corporations to temporarly increse the H1B quota for this year before CIR/STRIVE. I strongly hoping this will become a hot issue. If it happens, we (IV) should try to attach EB relif, particulary increasing the GC numbers for this year 2007 to clear the backloggs..

This is my opinion..
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  #10 (permalink)  
Old 04-04-2007, 12:31 PM
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Default

Quote:
Originally Posted by senthil1
If they investigate properly why H1b is reached in one day I am sure they will reform H1b before increasing cap. 150k H1bs in one day. Most of them are for jobs are not readily available. Body shoppers wanted H1b and they will find jobs in 1 to 2 year time. It should be other way. Jobs should be available and they should apply H1b.Also nowadays every H1 persons knew some consulting companies. They are applying for their spouse, friends and family thro some consulting company. Also last year many people including master degree from USA could not apply H1b because of Cap reached. Do you think if they increase 200k H1b cap will not be reached?. It will be reached within a few weeks. This news may not necessarily positive except that Lawyers are creating noise. If this frenzy goes like this Corporations may ask to reform H1b so that preference to American companies can get H1b instead of foreign companies.
The H1B abuse by bodyshoppers was already well discussed in one of the thread. One thing we should remember. This is the capitalist country. The rules and laws are always in favor of employers rather than employees. This is the history of USA. Why H1B should sponserd by employer? Why it can't be a self-petition by employee? Do you think USCIS does not know the abuse what ever you mentioned? Do you think USCIS/DOL does not know abuse in labor subsitution in GC by bodyshoppers? They know all. But there is no other way. They try to limit the abuse. It can not be 100% eliminated. If Bill Gates pushes very hard, there may be a temporary-relief for H1B with in one or two months.
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  #11 (permalink)  
Old 04-04-2007, 12:33 PM
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Default time to change our startegy ???

Dear respected IV / fellow members
I drafted this on March20th/2007, but i feel this is the time to share my thoughts.

As I always respect the priceless and selfless efforts of IV, in the same token I certainly respect other contributing members’ opinions as well. I’m one of the so many people closely following the proceedings from Dec/2005 (removal of provisions from S1932 which would have helped us). Certainly there is wisdom why we adopt a strategy at a specific point of time to achieve some results. In 2006 clearly it looked like a good strategy to go along with CIR, and I understand we have the lobbyist that can convey the message inside beltway& capital hill and carry the hopes for us. However there is no magic bullet for this unfortunately broken system, especially when it comes to the aspect of legal immigrants. Also there was debate in the recent past in our IV website whether we must try a piece meal provision (sort of non-controversial such as ability to file 485 when visa numbers aren’t available and one step at a time approach, if we will). During that debate I was one of the persons expressed my opinion of “time to think about another strategy”.

Considering the political landscape and certain specific events to happen through the end of 2008 (a.k.a presidential elections), I believe that it’s time to separate Legal immigration issues from the CIR. Both Dems and Reps are not even in the election heat but already we see lot of mud slinging sort of approach, when it comes to CIR. Also let’s not forget the divide & rule approach by people like Sen. Sessions and finally successfully stopping any sort of relief for EB community
I truly believe in ‘tough gets going when going gets tough’. And that’s why I sincerely believe that it’s time to change the strategy in a big way.
Following is the rationale

• As and when illegal immigration is touched upon, there is & will always be an element of patriotism. Common man in America CAN NEVER understand contributions of legal & high skilled immigrant community. It’s not their fault but they have enough problems in their own lives to take care of. On top of that, recent legislation changes in healthcare, future of SS benefits are already causing worries for almost all. These are the same voters that are going to decide the future of the country with their VOTE. This is where numbers does matter and where entities like numberusa is very good at exploiting the situation.

• However the same of element of patriotism may be used in our favor if we can convey the message (indeed just facts) regarding the contribution to SS Administration, paying state and federal taxes, contribution to the economy when ever we buy a car, home etc; According to me the most eye catching number would be the volume of real estate market that’s up for grabs by EB community if we have Green Cards. The dollar amount I envision as at least $ 10 Billion considering at least half a million people @ average cost of home at $200K. And yes, numbers WILL matter. (Remember this is the same real estate and construction industry served as a catalyst to the economy in the recent past) The same can be used against anti-immigrant groups noise about cheap labor, outsourcing etc; In real estate and housing industry, the volume of dollar amount is not just value of house we buy, but also the taxes we pay each year to local city/ county, home owners insurance, home security service, number of jobs / small businesses required to provide essential services such as maintenance, plumbing, electricity, lawn care, carpenter works, HVAC, paintings, upgrades, basement finishing etc; (this list goes on and on).

(Note: I believe that Housing & Construction Industry has a strong influence and has a powerful lobby, only next to the lobbies of Oil& Energy, Auto Industry and Insurance.)

• Filing for an H1B in 2007quota is supposed to begin on April2nd, Monday. It is certain that the number of applications will just flood in and my gut feeling is 2007 quota will be exhausted with in the first week, if not in 2 days. This is going to make big noise and news.
[Even though i drafted this originally on March20th, my worst fears came true]
Well, that will result in both Good and Not so good situation for EB immigrant Community
1. GOOD: If the news is focused on the aspect of demand for skilled workers that are coming in LEGALLY, that can be used to create more awareness which can be useful to highlight the ALREADY existing backlogs for LEGAL HIGH SKILLED community
2. NOT SO GOOD: If the news is focused on the aspect of Shortage of H1Bs only, this leads to more lobbying efforts by businesses only to push for higher number of H1Bs. That will diminish the core problems related to backlogs for EB community. Also will give a chance to anti-immigration groups to make more noise about cheap labor, outsourcing etc; From our stand, we are not against more H1Bs. However I’m afraid to say that our core issues will be sidelined.

I have a big doubt about how much support we may get from the Tech companies and lobbies with respect to elimination of backlogs or increase in EB Green card numbers or any sort of relief what so ever. hence my i'm thinking to explore other avenues and possible support such as construction and real estate , for example. I don't know how to get their support but for sure we have a very strong case.

Respected IV and all members, thanks for your time to read this till the end. My intentions are not to question the wisdom of IV nor the lobbying firm we have today, but to contribute more logically by sharing different thoughts

Rain or shine, I’m & will always be a proud supporter of IV
(Contributed in 2006, 2007
& also $50/month recurring contribution in 2007)

Last edited by satyasaich; 04-04-2007 at 12:41 PM.
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  #12 (permalink)  
Old 04-04-2007, 12:33 PM
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I find this recent event of exhausting the H1-B quota for the year in 1 day (!) to be very interesting. I didn't do any research on this before posting, but I seem to recall that even at the height of the internet boom, H1-Bs would be used up in a month or two... but 1 day is really unheard of. Granted, the cap was a lot higher then (I think around 145,000 or so), but still.

The big question mark for me is, do these 150,000 applications represent real positions that need to be filled? Or are we talking mostly body shops scooping up H1-Bs "on spec" ... hoping to be able to fill them later. It's been widely quoted in the media and by immigration opponents that despite the fact that US technology employers are crying over a skilled worker shortage, wages have in fact been stagnating over the past several years. *IF* the 150,000 applications are mostly real positions, I wonder if we can look forward to some upward wage movement this year?

- GS
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  #13 (permalink)  
Old 04-04-2007, 12:47 PM
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Default

Quote:
Originally Posted by GoneSouth
I find this recent event of exhausting the H1-B quota for the year in 1 day (!) to be very interesting. I didn't do any research on this before posting, but I seem to recall that even at the height of the internet boom, H1-Bs would be used up in a month or two... but 1 day is really unheard of. Granted, the cap was a lot higher then (I think around 145,000 or so), but still.

The big question mark for me is, do these 150,000 applications represent real positions that need to be filled? Or are we talking mostly body shops scooping up H1-Bs "on spec" ... hoping to be able to fill them later. It's been widely quoted in the media and by immigration opponents that despite the fact that US technology employers are crying over a skilled worker shortage, wages have in fact been stagnating over the past several years. *IF* the 150,000 applications are mostly real positions, I wonder if we can look forward to some upward wage movement this year?

- GS
keep dreaming, no wage improvement, companies want to be compatitive.
just one day 150000, imagne if they were allowed to file for the whole month of april, how many more H1B application would be revceived by INS , may not be at the same pace of 150000 ever dayy but it is safe to say that even half million quta would get exausted in the month of april or may, which points out to the simple fact that, are there half millions tach jobs available, I really suspect it.
That is the reason this why this is a big MESSS.
our problems won't get resolved by increasing numbers, there is lot more to it.
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  #14 (permalink)  
Old 04-04-2007, 12:47 PM
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Default This is bad for EB backlog

I being pessimistic here, but I think the whole situation makes our (EB retrogression folks) case even worse.

Now, the employers and lawyers would press for increase in H1B quota and the congress would undoubtedly heed their call. With an increase in the availability of new H1B folks, there would be lesser opportunities for old H1B folks.

Neither the employers nor the lawyers want EB retrogression to end. We are literally slaves here. We are (just like the slaves of the bygone era) unable to leave the master and are forced to work under sub-market wages. If we get GC, employers will need to increase our salaries (at least 30%, I guess) and the lawyers loose their fees such as H1B extension etc. Also the increase in mobility by the current slaves does not bode well with the employers.

I think the way out of this is the same tactics they used to win the Civil war. Majority of the people opposed the civil war, since they could see that slavery was unethical, even though it was profitable. Hope IV can convince the law makers that EB retrogression is unethical and is a form of slavery.

h1techSlave

Last edited by h1techSlave; 04-04-2007 at 12:54 PM.
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Old 04-04-2007, 01:04 PM
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Actually law of USA is so liberal for Corporations so that companies should follow ethics and honesty as much as possible. But if there is widespread issue is there then USA government used to bring more regulation. The laws can favor employers but if there is widespread impact or imbalance then congress reacts. If h1b cap is reached within one day does not reflect job demand. It is not isolated issue. USCIS Cannot do anything as there might not be violation of law. So congress only can do about this. Why will Bill Gates do when his company cannot get H1b even H1b cap is tripled. Even 200k H1b cap is there it may be reached within a few weeks

Quote:
Originally Posted by Ramba
The H1B abuse by bodyshoppers was already well discussed in one of the thread. One thing we should remember. This is the capitalist country. The rules and laws are always in favor of employers rather than employees. This is the history of USA. Why H1B should sponserd by employer? Why it can't be a self-petition by employee? Do you think USCIS does not know the abuse what ever you mentioned? Do you think USCIS/DOL does not know abuse in labor subsitution in GC by bodyshoppers? They know all. But there is no other way. They try to limit the abuse. It can not be 100% eliminated. If Bill Gates pushes very hard, there may be a temporary-relief for H1B with in one or two months.

Last edited by senthil1; 04-04-2007 at 01:06 PM.
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