immigrant2007
09-15 10:02 AM
NO We won't do anything. we will jsut browse this site and fight with each other but we have decided to do nothing. We are good at writing but we are better at doing nothing. We have lots of guts and experience in doing nothing and we have deiciced to wait and watch and get our GCs by doing nothing so don't ever hope that we will do something as it is true won't do anything
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sanprabhu
07-26 11:20 AM
I already sent the card to Senator... I urge everybody else to do the same.
akunamatata
04-02 10:04 PM
Usually the RFE states that if the requested information is not received by XX/XX/XXX date, USCICS will make a determination based on the information they have.
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I-485 approval
08-20 10:30 AM
I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
more...
siddar
09-15 11:12 AM
USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.
bablata2007
11-27 03:36 PM
May be I wasnt clear in my query. Here is the situation:
I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?
So an H1B transfer will still work out in my case?
I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?
So an H1B transfer will still work out in my case?
more...
bsbawa10
01-24 05:03 AM
Suggestions.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
Very nice suggestions. More participants needed please.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
Very nice suggestions. More participants needed please.
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VenuK
07-10 02:43 PM
Hi Dhundhun,
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
Thanks for your response.
to your question:
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.
advices are always appreciated
Pls let me know...
With Thanks,
Venu
more...
eb3retro
08-08 07:33 PM
^^^^^
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shx
02-25 05:09 PM
Your comparison is retarded. Not everyone is like you and cheat their employer. Most people are honest in what they do.
So you really think the comparison is retarted? I can see where the R-word applies better. So, I automatically cheat my employer and you automatically belong to the 'Most people are honest in what they do' category?
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
So you really think the comparison is retarted? I can see where the R-word applies better. So, I automatically cheat my employer and you automatically belong to the 'Most people are honest in what they do' category?
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
more...
bbct
02-11 09:05 PM
Works now and submitted the petition.
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little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
more...
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Catherine
06-27 11:16 PM
Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.
I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.
Fingers crossed...
I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.
Fingers crossed...
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immi_2006
10-08 06:24 PM
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
more...
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newlife2
09-19 12:03 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
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santb1975
11-09 12:30 AM
Can I help?
more...
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vactorboy29
07-17 07:04 PM
I think we need to send flowers with thank you note to IV core members and congress woman.Let us get vote and send flowers to those addresses.
Thank you
Thank you
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quizzer
07-30 07:36 PM
The attorney informed us that both our EAD's were received today.
The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.
Its validity is not 2 years from the original expiry but 2 years from the current approval date.
Are others getting it the same way?
Thanks
The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.
Its validity is not 2 years from the original expiry but 2 years from the current approval date.
Are others getting it the same way?
Thanks
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gcdreamer05
11-19 12:59 PM
I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.
I dont think so, SSN is mandatory, without SSN # how will they pay social security taxes, and how will they run pay roll, ssn is absolutely need for work authorization. Without ssn if you work it is not legal.
I dont think so, SSN is mandatory, without SSN # how will they pay social security taxes, and how will they run pay roll, ssn is absolutely need for work authorization. Without ssn if you work it is not legal.
Chelo
02-07 10:19 PM
I did it all by myself, following directions found here and there around the forum. I got the working permit in about a month. Hope it Helps
Chelo
This is my cover letter and I did everythig as it says:
To: U.S. Citizenship and Immigration Service
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
From: Mr. XXXXXXX
ADRESS st,
City, State, zip code
Tel: (111) 123-4567
Email: whatever@whatever.net
mm/dd/yyyy
RE: Original Submission of Application for Employment Authorization
A# ?????????
Dear Sir or Madam:
Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
Aplication form and Supporting documents are enclosed arranged as follows:
Form I-765 (EAD) dully filled
Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
Receipt notice of form I-485, copy of the receipt,
Identity Document: copy of Visa issued by Consulate, copy of Driver License,
Photos: Two color passport photographs placed in an envelope;
Other supporting documentation: Copy of I-140 approval notice
Kindly, process the above referenced application at your earliest convenience.
If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
Best regards,
Mr. XXXXXX
Chelo
This is my cover letter and I did everythig as it says:
To: U.S. Citizenship and Immigration Service
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
From: Mr. XXXXXXX
ADRESS st,
City, State, zip code
Tel: (111) 123-4567
Email: whatever@whatever.net
mm/dd/yyyy
RE: Original Submission of Application for Employment Authorization
A# ?????????
Dear Sir or Madam:
Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
Aplication form and Supporting documents are enclosed arranged as follows:
Form I-765 (EAD) dully filled
Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
Receipt notice of form I-485, copy of the receipt,
Identity Document: copy of Visa issued by Consulate, copy of Driver License,
Photos: Two color passport photographs placed in an envelope;
Other supporting documentation: Copy of I-140 approval notice
Kindly, process the above referenced application at your earliest convenience.
If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
Best regards,
Mr. XXXXXX
cpolisetti
03-31 03:56 PM
She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?
Here is the link for todays Q&A:
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.
I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?
Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.
Todays article:
Most See Visa Program as Severely Flawed
By S. Mitra Kalita
Washington Post Staff Writer
Friday, March 31, 2006; D01
Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.
They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.
Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.
But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.
Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.
Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.
At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.
Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.
Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."
In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.
"If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.
The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.
Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.
"Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."
Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.
It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.
Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."
Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.
Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.
Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.
His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Here is the link for todays Q&A:
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.
I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?
Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.
Todays article:
Most See Visa Program as Severely Flawed
By S. Mitra Kalita
Washington Post Staff Writer
Friday, March 31, 2006; D01
Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.
They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.
Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.
But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.
Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.
Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.
At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.
Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.
Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."
In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.
"If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.
The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.
Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.
"Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."
Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.
It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.
Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."
Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.
Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.
Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.
His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
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