brshankar
08-06 10:52 AM
Yes you are absolutely correct. He is only eligible in EB3 but I know of people who have applied in EB2.
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StuckInTheMuck
08-05 01:28 PM
Great going folks :D
Here is one (paraphrased from another):
Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...
Here is one (paraphrased from another):
Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...
unitednations
03-25 12:41 PM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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BharatPremi
03-28 03:55 PM
Thanks for explaining the terms. You can go over 80% on the first loan but the lender will ask for PMI (Private Mortgage Insurance). Which is around 1% of the loan. To skirt around it, mortgage brokers break up the loan into first and second(80%+10%+10% down). This avoids the PMI and helps the buyer qualify for a bigger loan/house. Also PMI premiums are not tax-deductible.
correct.
correct.
more...
HawaldarNaik
12-26 08:08 PM
My take on this is that there are two options
Option-1:- Go for an all out war as i specified...however the risk here is that it could go on and on and on...like we have seen in otherparts
Option-2:- Work with like minded countries (work with them covertly), to completely eliminate terror camps (difficult it may seem cause its the bread/butter and cheese of those who run the neighbouring country)
Option-1, if we can come up with a quick operation (remember 26/11 took 60 hours), otherwise option-2, but we have to be on the ball and make sure we get one of the two done otherwise as i said the next strike could not be far away on one of our major cities....
Also Option-1 should be directed at the Terror infrastructure (by infrastructure i mean man power included cause otherwise they will disperse and regroup like they do in the western border in the war that the superpower is waging)
Option-1:- Go for an all out war as i specified...however the risk here is that it could go on and on and on...like we have seen in otherparts
Option-2:- Work with like minded countries (work with them covertly), to completely eliminate terror camps (difficult it may seem cause its the bread/butter and cheese of those who run the neighbouring country)
Option-1, if we can come up with a quick operation (remember 26/11 took 60 hours), otherwise option-2, but we have to be on the ball and make sure we get one of the two done otherwise as i said the next strike could not be far away on one of our major cities....
Also Option-1 should be directed at the Terror infrastructure (by infrastructure i mean man power included cause otherwise they will disperse and regroup like they do in the western border in the war that the superpower is waging)
NeverEndingH1
12-17 04:10 PM
LOL!
Since everyone is posting what they want, I guess I can also just post anything here....
.
Since everyone is posting what they want, I guess I can also just post anything here....
.
more...
brshankar
08-06 10:24 AM
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
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SunnySurya
12-22 11:28 AM
A supporter of terrorism left a red dot with this message:
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"
My very simple reply to that person.
---
I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.
Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"
My very simple reply to that person.
---
I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.
Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.
more...
USDream2Dust
04-05 05:03 PM
Fide_champ,
I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.
USDream2Dust
jung.lee,
I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.
USDream2Dust
jung.lee,
I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
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ita
12-17 10:39 PM
Sanju gave very good explanation here.
I'm sure some of the readers would already know what I'm saying in my post and like many of them I almost stayed away from posting but for the benefit of those few ( even if it's one person) who might wonder if Gita could have been doctored I decided to share what I know .Again I felt the need to post because the idea was brought up by Sanju(NO..I'm not accusing you Sanju...nor 'm I preaching Gitaism here.Again it's just for the benefit of that few sincere folks...others can stick to Sanju's version...no harm.)
Hindu society all through the monarchical times was blessed with Enlightened Masters who willfully(for a person who had realized the ultimate truth material positions don't matter) served as subordinates (Mahamantri, ,Rajguru )to the Kings .
These enlightened gurus were the protectors of some of our scriptures(just some because many of the scriptures were outside the intellectual realm of many kings no matter how powerful they were) be it shastras,stotra or sutras.
Now before one goes on a spin with these enlightened masters let me also remind everyone that none of the great works are patented or owned by any king or master(unlike in some societies). They did truly protect our scriptures so they can be passed on to us, leaving these great works for use/abuse (based on the individuals intelligence/intention) popular examples in today's world being yoga/kamasutra (both are great spiritual mechanisms but are greatly misused so much so that one can't name (one of them) without feeling wee bit embarrassed).
If one was to trace the evil practices like caste system they wouldn't find the roots in any of these scriptures. Now these evil practices, I would say were doctored/cooked up by people/kings, but Hindu scriptures were out of the reach of these people.
These scriptures are wired in such a way that to change them one needs to be highly evolved(not just highly educated or filled with dry intelligence) , to understand them one needs to be sincere seeker not professional seeker.
Also Vedic Culture which is way of life, a civilization got reduced to mere religion only after foreigners came to Bharatavarsha (although the basic pillars remain the same..dharma , karma ...)
Thank you.
Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.
Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.
I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.
Please don't bring one flawed system to replace another flawed system.
I'm sure some of the readers would already know what I'm saying in my post and like many of them I almost stayed away from posting but for the benefit of those few ( even if it's one person) who might wonder if Gita could have been doctored I decided to share what I know .Again I felt the need to post because the idea was brought up by Sanju(NO..I'm not accusing you Sanju...nor 'm I preaching Gitaism here.Again it's just for the benefit of that few sincere folks...others can stick to Sanju's version...no harm.)
Hindu society all through the monarchical times was blessed with Enlightened Masters who willfully(for a person who had realized the ultimate truth material positions don't matter) served as subordinates (Mahamantri, ,Rajguru )to the Kings .
These enlightened gurus were the protectors of some of our scriptures(just some because many of the scriptures were outside the intellectual realm of many kings no matter how powerful they were) be it shastras,stotra or sutras.
Now before one goes on a spin with these enlightened masters let me also remind everyone that none of the great works are patented or owned by any king or master(unlike in some societies). They did truly protect our scriptures so they can be passed on to us, leaving these great works for use/abuse (based on the individuals intelligence/intention) popular examples in today's world being yoga/kamasutra (both are great spiritual mechanisms but are greatly misused so much so that one can't name (one of them) without feeling wee bit embarrassed).
If one was to trace the evil practices like caste system they wouldn't find the roots in any of these scriptures. Now these evil practices, I would say were doctored/cooked up by people/kings, but Hindu scriptures were out of the reach of these people.
These scriptures are wired in such a way that to change them one needs to be highly evolved(not just highly educated or filled with dry intelligence) , to understand them one needs to be sincere seeker not professional seeker.
Also Vedic Culture which is way of life, a civilization got reduced to mere religion only after foreigners came to Bharatavarsha (although the basic pillars remain the same..dharma , karma ...)
Thank you.
Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.
Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.
I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.
Please don't bring one flawed system to replace another flawed system.
more...
GCapplicant
07-13 04:46 PM
I am just losing confidence.Just wondering how they have moved only the second category -when there is someone highly retrogressed.
To fail the bills so no one will work for that anymore or just because EB2 is superior than EB3 or am I confusing myself.So once if EB2I becomes C and then EB3row C will EB3 I atleast move.
Its just a spillover,why cant they give it equally.Why no one is ready to question for us?
To fail the bills so no one will work for that anymore or just because EB2 is superior than EB3 or am I confusing myself.So once if EB2I becomes C and then EB3row C will EB3 I atleast move.
Its just a spillover,why cant they give it equally.Why no one is ready to question for us?
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Macaca
03-06 09:04 PM
The Top 200 H-1B Employers Of 2006 (http://www.networkworld.com/community/?q=node/15273) By Brad Reese | Network World, 05/17/2007
Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Top 19 Employers of New H-1Bs Petitions Approved in FY 2006
WIPRO LTD. 3,143
INFOSYS TECHNOLOGIES LTD. 3,125
TATA CONSULTANCY SERVICES LTD. 2,754
SATYAM COMPUTER SERVICES LTD. 1,753
MICROSOFT CORP. 1,297
PATNI COMPUTER SYSTEMS INC. 969
COGNIZANT TECH SOLUTIONS U.S. 863
I-FLEX SOLUTIONS INC. 695
HCL AMERICA INC. 652
LARSEN & TOUBRO INFOTECH LTD. 624
TECH MAHINDRA AMERICAS INC. 614
INTEL CORP. 613
DELOITTE & TOUCHE LLP 545
ACCENTURE LLP 519
POLARIS SOFTWARE LAB INDIA LTD. 497
MPHASIS CORP. 445
SYNTEL CONSULTING INC. 415
ERNST & YOUNG LLP 396
LANCESOFT INC. 394
Other 88,070 (80.3 percent)
TOTAL 109,614 (0.07 % of U.S. labor force)
Source: USCIS
Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
The number of approved petitions for new workers is not identical with the number of workers on the job because
workers are occasionally sponsored by more than one employer,
the job offer may subsequently be withdrawn,
the job offer may be declined, or
the worker if residing outside the country, may be denied a visa.
The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.
Pages 11-12
Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.
WIPRO LTD. 3,143
INFOSYS TECHNOLOGIES LTD. 3,125
TATA CONSULTANCY SERVICES LTD. 2,754
SATYAM COMPUTER SERVICES LTD. 1,753
PATNI COMPUTER SYSTEMS INC. 969
COGNIZANT TECH SOLUTIONS U.S. 863
HCL AMERICA INC. 652
DELOITTE & TOUCHE LLP 545
ACCENTURE LLP 519
MPHASIS CORP. 445
Total 14,768
The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.
It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.
Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007
Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Top 19 Employers of New H-1Bs Petitions Approved in FY 2006
WIPRO LTD. 3,143
INFOSYS TECHNOLOGIES LTD. 3,125
TATA CONSULTANCY SERVICES LTD. 2,754
SATYAM COMPUTER SERVICES LTD. 1,753
MICROSOFT CORP. 1,297
PATNI COMPUTER SYSTEMS INC. 969
COGNIZANT TECH SOLUTIONS U.S. 863
I-FLEX SOLUTIONS INC. 695
HCL AMERICA INC. 652
LARSEN & TOUBRO INFOTECH LTD. 624
TECH MAHINDRA AMERICAS INC. 614
INTEL CORP. 613
DELOITTE & TOUCHE LLP 545
ACCENTURE LLP 519
POLARIS SOFTWARE LAB INDIA LTD. 497
MPHASIS CORP. 445
SYNTEL CONSULTING INC. 415
ERNST & YOUNG LLP 396
LANCESOFT INC. 394
Other 88,070 (80.3 percent)
TOTAL 109,614 (0.07 % of U.S. labor force)
Source: USCIS
Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
The number of approved petitions for new workers is not identical with the number of workers on the job because
workers are occasionally sponsored by more than one employer,
the job offer may subsequently be withdrawn,
the job offer may be declined, or
the worker if residing outside the country, may be denied a visa.
The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.
Pages 11-12
Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.
WIPRO LTD. 3,143
INFOSYS TECHNOLOGIES LTD. 3,125
TATA CONSULTANCY SERVICES LTD. 2,754
SATYAM COMPUTER SERVICES LTD. 1,753
PATNI COMPUTER SYSTEMS INC. 969
COGNIZANT TECH SOLUTIONS U.S. 863
HCL AMERICA INC. 652
DELOITTE & TOUCHE LLP 545
ACCENTURE LLP 519
MPHASIS CORP. 445
Total 14,768
The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.
It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.
Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007
more...
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xyzgc
12-22 09:43 PM
Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.
Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.
Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!
India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?
Pakistan attacking India, by sending in infiltrators is terrorism. Its not freedom fighting because they already obtained their freedom, without even fighting for it.
If there are border disputes, let uniformed soldiers fight wars accordingly to the rules of war. Terrorism is cowardly and despicable because it targets innocent people from another country. War is between armed forces. Targeting innocent people is terrorism.
Burning widows alive is a practice which Hindus themselves worked hard to put an end to.
Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.
Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.
Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!
India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?
Pakistan attacking India, by sending in infiltrators is terrorism. Its not freedom fighting because they already obtained their freedom, without even fighting for it.
If there are border disputes, let uniformed soldiers fight wars accordingly to the rules of war. Terrorism is cowardly and despicable because it targets innocent people from another country. War is between armed forces. Targeting innocent people is terrorism.
Burning widows alive is a practice which Hindus themselves worked hard to put an end to.
Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.
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desi3933
08-05 04:55 PM
You seem to be a rational person. You points are compelling and that's why we need to take some legal opinion on it.
Thanks SunnySurya.
Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.
Thanks SunnySurya.
Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.
more...
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gc28262
03-24 04:07 PM
No, they figured out that it is consulting companies that are exploiting loopholes.
1) Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.
2) Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?
2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.
1) Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.
2) Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?
2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.
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AGC4ME
04-07 07:24 PM
But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered
And with a posting like this u think you are higher grade....
And with a posting like this u think you are higher grade....
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abracadabra102
07-14 07:28 PM
We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...
God bless us all!
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
God bless us all!
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
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ArkBird
01-06 05:32 PM
I am not supporting Hamas or their core belief. I am not going that far. What i'm saying is, how can one country kill school kids and go scot-free???
When we cried for terror victims, why don't we do the same for palestinians who are victims of state sponsored terrorism???
If we want to discuss about Ideology of other faiths and different groups, we can open one more thread. You wouldn't want to open another thread. Because you know how nasty those ideologies are? Every religion/group have their own ideology and they are nothing but brutal.
I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.
When we cried for terror victims, why don't we do the same for palestinians who are victims of state sponsored terrorism???
If we want to discuss about Ideology of other faiths and different groups, we can open one more thread. You wouldn't want to open another thread. Because you know how nasty those ideologies are? Every religion/group have their own ideology and they are nothing but brutal.
I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.
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nixstor
08-10 10:45 PM
Yewwwww. Stupid morons get to run the show on CNN who consider guest worker program for Illegal Aliens and H1B the same.
I dont understand why USCIS has to release data to a random attorney guy.
Why the hell doesnt he know how many H1B's are being issued every year? Is this attorney guy sleeping or what? 65K and they are gone on May26th 2006Huh?
I dont understand why USCIS has to release data to a random attorney guy.
Why the hell doesnt he know how many H1B's are being issued every year? Is this attorney guy sleeping or what? 65K and they are gone on May26th 2006Huh?
vinabath
03-25 04:40 PM
BiggerPockets.com looks like a nice website. It's for real estate investors. I just signed up on this web-site as I'm closing on a 4-family house next month.
If you make money using Biggerpockets... send me $100.:D
If you make money using Biggerpockets... send me $100.:D
myuname
04-07 07:55 PM
When there is no solution is to be found for the illegal immigration issue...then the obvious thing to mess with is the legal immigration! Isn't It? ;)
Good Job! Kudos to whoever is doing it! :p
Corporate world drives the laws and lobbying. This bill will be in the bin even before you know it. As for the STIVE etc. none will make it as long as they are comprehensive in nature. That said, the relief to the EB segment is coming soon, so sit tight.
Good Job! Kudos to whoever is doing it! :p
Corporate world drives the laws and lobbying. This bill will be in the bin even before you know it. As for the STIVE etc. none will make it as long as they are comprehensive in nature. That said, the relief to the EB segment is coming soon, so sit tight.
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