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  • pappu
    08-12 10:55 AM
    Senate Passage of Border Security Legislation

    August 12, 2010

    Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….

    The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….

    The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.

    In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.

    Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.

    When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.

    Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.

    But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.

    Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.

    The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.

    Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”

    The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.

    This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.

    Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.

    While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.

    But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.

    Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.

    Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.

    The fee is based solely upon the business model of the company, not the location of the company.

    If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.

    But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.

    This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.

    Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.

    Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”

    The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.

    So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.

    Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….

    The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.




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  • lonedesi
    06-21 11:22 AM
    Guys, please continue to leave voice messages, emailing & faxing those idiots at Atlanta PERM center who moved the staff to do other work like processing h2b cases. We need to be persistent if we need any positive outcome. Would those idiots who reassigned staff to do other work, now turn around and help us be reassigining more staff to clear the backlogs? We need to keep questioning them and bombard them with emails, fax and phone calls. It is very important that we act now, if not you all know how delicate of situation we are all finding ourselves in. Please call/email/fax everyone at Atlanta DOL, DOL secratary Elaine Chao and also Assistant Secretary Emily Stover DeRocco.

    Contact Details:
    The Honorable Elaine L. Chao
    Secretary of U.S. Department of Labor
    200 Constitution Ave., NW
    Washington, DC 20210

    Elaine Chao's email is: secretaryelainechao@dol.gov
    Phone number: 202-693-6000
    Fax number for Office of the Secretary: 202-693-6111
    ------------------------------------------------------

    U.S. Department of Labor
    Employment and Training Administration
    Harris Tower
    233 Peachtree Street, Suite 410
    Atlanta, Georgia 30303
    Phone: (404) 893-0101
    Fax: (404) 893-4642
    Email1: PLC.Atlanta@dol.gov
    Email2: Perm.DFLC@dol.gov

    ------------------------------------------------------

    Key personnel at ETA
    Assistant Secretary Emily Stover DeRocco (202) 693-2700
    Deputy Assistant Secretary Douglas F. Small
    Deputy Assistant Secretary Mason Bishop (202) 693-2700
    Email: etapagemaster@dol.gov




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  • amitga
    07-06 12:37 PM
    We just need 20,000 active members to make a change, which is approx 10% of the total number of GC apps pending. At the most 2000 people are active.

    If somebody can being in 20,000 active members to this forum, the change will happen.




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  • yoda
    09-13 04:59 PM
    Sent it to the Indian Embassy. They have a monthly newsletter. Hope to see this in the Oct. newsletter.



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  • IAMINQ
    02-04 07:28 AM
    I got my labor approved from Philadelphai Backlog Center around Dec ' 2005. It was filed in March 2004 (RIR). If anyone needs more info mail me.

    Thanks,




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  • vinabath
    07-20 12:47 PM
    It is still optimistic my freind. As one of our member pointed out, realstic number would be around 600K, which implies 16 months wait for some people. Also , we do not know the level of work force at USCIS engaged in processing EAD. It could be 10, it could be 100. More the better but it we it is fewer than we are doomed.

    I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.



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  • Xipe Totec
    04-25 11:21 AM
    This makes a lot of sense and so does the fact that GC wait times for EB immigrants be considered as part of citizenship waittime after 140 is appoved.



    I think that wait time should be counted from the PD, since it's really not my fault that my stupid LC is pending since 2002! So I don't see why someone waiting with I140 approved since, say 2004, should become a citizen faster then someone who only gets a change to file I140 in 2006. Not fair at all!
    Applying for the LC, I believe, is a sufficient proof that a person intends to stay in the country.




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  • MahaBharatGC
    08-08 02:42 PM
    Pappu - it is good to know that we are using the current mass media in this techie country (actually world...should say). Anything "Open" would yield good results.
    My suggestion is not only contribution but also careful screening of opinions would be needed.
    I will definitely love to contribute.



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  • WeShallOvercome
    07-20 02:32 PM
    Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
    If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.

    It''s like leaving at 5PM and spending 3 hours in traffic
    OR
    leaving at 8 and spending 30 minutes

    makes sense?




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  • chanduv23
    11-17 02:26 PM
    Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:

    Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.

    and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!

    lazycis, chanduv - anyone to comment on above new information???

    My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?



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  • Raju
    07-06 02:01 PM
    coz we need some place to go for vacation ;)
    :D nice one




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  • jungalee43
    04-30 09:53 AM
    I am sad to see people posting messages on �inevitable future of CIR�, �US political system is broken�. But they don�t consider it important to contact their senators and follow IV�s instructions on making phone calls. Please understand the need of the hour and don�t waste time in making judgments or making predictions. Just follow what IV core is asking you to do.
    Just call, call and call. I am starting my second round of calls.



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  • karan2004m
    01-05 08:45 PM
    Yes, and you caught the last minute key just because you like to hear that. You just ignored what he said repeatedly for the last 30 mins.. I know Green Card has become very important for certain folks..

    But do the people has gone so low like you who are ready to do or hear anything for GC.. Oh man i can just imagin what kind of extent people can goto.


    I don't think there are contradictions. I have read his Businessweek articles. He is researching ways for America to remain competetive and believes that skilled immigrants who get permanent residence are the key.

    Listen to the last minute of the video and you will see what his message is.




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  • sukhwinderd
    04-01 08:15 AM
    FL stopped issuing DLs if you are on AOS (ie 485 pending) only with no backup H1/H4.
    my wife got her DL extended till AP validity even though her I-94 has expired. she entered as parolee.
    this is just FYI.



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  • srikondoji
    09-09 11:45 AM
    Hi ita,
    The project and the CMs speech indictaed that Hydereabad will be a major city in 3-4 decades not just in India but the entire world. Its upto you, how you want to interpret that message from CM.

    In the short term (few months probably), prices may catch up because of the hype that this is generating.
    I am not in a position to give any suggestion on land price movements in India and especially Hyderabad is highly volatile.
    If i were you, i would definitely wait untill the elections.
    thanks
    sri

    No I don't know about HMDA though I'm going to google it .
    I got your advice about buying land but don't think I got what you were saying totally.
    Are you saying prices will go down/go up/there will be no houses (flats.lands,houses) available to buy? Appreciate it if you can reexplain.

    Thank you.




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  • Libra
    09-29 10:00 AM
    Dear Gonzalez,

    Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.

    OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D

    just kidding, take it easy.



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  • swede
    06-30 09:40 AM
    Got my LC approved June 05 2006.
    Took only (!) 4 years from first application...

    DOL recevied: Dec 5, 2002.
    Got my 45 day letter in Feb 2005.
    EB3-RIR
    Filed in Philly DOL.
    3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...




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  • lifesucksinUS
    09-10 11:48 AM
    It certainly is a bad news..
    guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...

    why do I have this red spot.. ?????:mad:




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  • smisachu
    09-11 11:56 AM
    IV rocks�.. Just made contribution of 500$
    Cannot come to rally because of personal reasons. Feeling terrible about that�.

    Order Details - Sep 11, 2007 10:46 AM CDT
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    Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!




    eb3_nepa
    04-25 02:51 PM
    I just wanted to bring it to the table...I think all of us have the right to voice our opinion & looks like we all have in the case. Now it should be upto the IV to take it or leave it. They are the leaders in this initative & let them make the final call on if it needs to be part of our agenda or not. Thanks

    I agree with u rajeev. Ideas are always welcome, u never know what u may learn. Guys pls treat these threads as information and debate with enthusiasm. If you dont like something being said then tell the forum why u feel differently. Unless it is something totally ridiculous and off topic, we shud allow different ideas and discussions. If someone here feels it is a waste of time, then dont read that thread. :)




    bluekayal
    08-23 11:02 AM
    Thank you to everyone who read the USCIS document and did not press the panic button. The memo talks about a 2 step process....for most of you I don't see how it affects your GC dreams...relax...they will be fulfilled. No sweat...(or convince me otherwise...after all I did get the I-140 exceptional ability in the art or sciences..etc..without labor certification.)



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