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  • jasonalbany
    07-04 12:28 PM
    Access to Job Market in U.S. a Matter of Degrees
    Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
    By Anna Gorman, Times Staff Writer
    July 3, 2006


    This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.

    But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.

    Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.

    "I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."

    Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."

    The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.

    Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.

    "There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."

    But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.

    "The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.

    The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.

    The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.

    There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.

    Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.

    Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.

    "The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.

    "If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."

    One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.

    Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.

    "We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."

    Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.

    Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
    They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.

    "It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

    "We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

    Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.

    If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.

    "This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."

    But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.

    "We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."

    David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.

    Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.

    Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."

    "I am really qualified," she said. "Hopefully, I will be able to teach soon."

    As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.

    "The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."




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  • invincibleasian
    02-10 05:27 PM
    I hope they dont flood the US from UK now. Then we will have more retrogression!




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  • rjgleason
    October 27th, 2003, 06:13 AM
    Great shot Don....I like that image a lot.

    Some shots from yeasterday at and around the Delaware Water Gap:

    http://www.pbase.com/image/22684252

    http://www.pbase.com/image/22684661




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  • jasmin45
    02-26 01:20 PM
    If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.

    This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.

    This is just my understanding. Check with a attorney to get precise information.



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  • delhirocks
    06-21 01:20 AM
    I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
    I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
    The above is just my theory. I could be totally off, so don't come to any conclusions.

    I agree...




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  • jediknight
    07-26 09:59 AM
    Good advice with different viewpoints.

    My advice is "Look for a good mentors" with who you can discuss your situation in detail.

    My preference is
    Family
    GC
    Career

    This works better in the long term :-)

    - JK



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  • styrum
    03-02 08:03 PM
    I live in Seattle area now and would like to participate in any joint effort. Please let me know when any such activitity is planned.




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  • basav
    08-04 06:39 PM
    Hi,

    Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then before H1 date starts i can get my family here on there L2 since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?



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  • enggr
    10-02 09:47 AM
    Dear Friends/attorneys,
    Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.

    I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.

    I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
    The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
    Please advice me how to respond to this RFE in a safe manner.
    This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "

    EB2 PERM : Aug 2006.
    EB2 I-140 (REG) : Nov 2006.
    EB2 I-485/ EAD : July 2007.
    EB2 I-140 RFE received : Sep 2007.

    RFE
    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
    ---------------------------------------




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  • hmehta
    08-04 03:40 PM
    Well, there are some clauses under which if you take out from 401K, you won't be penalized.



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  • blacktongue
    10-14 03:23 PM
    So basically it is idea without a timeline and no actual document prove?




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  • vxg
    01-03 03:59 PM
    Namecheck is done on everyone applying for any US visa at consulate. There is a database which i think called a lookout system and if you get a hit than you will go through further checks. It happened in 2004 and she has to pay $85 fee give full fingerprints at Delhi consulate and took about 6 weeks to get cleared.

    vxg,

    How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).

    What that namecheck on YOU or on your wife?

    Thanks.



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  • Madhuri
    04-08 07:24 PM
    Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.

    Anybody in the same situation?




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  • jhaalaa
    11-11 10:56 AM
    I agree that every single job loss matters and I support keeping jobs here where possible - unless essential.

    Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:

    Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)

    The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.



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  • desitechie
    07-14 08:43 PM
    One should be good enough.




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  • immi_seeker
    09-13 12:46 PM
    EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.

    As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.

    "hate the game, don't hate the playa....Chris Rock" is appropriate here.

    Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.

    We are all in this together. We all need to stay together.


    Agree. Problem has been with some folks saying the spill over distribution should be changed. But nobody is sure whether it will help EB3I because on a vertical roll over scenario, the spill over will only help EB3 ROW as they have huge backlog too. So attitude seems to be, we are in this boat, so why not we make sure you guys will also be in same boat eventhough the change doesnt help us. And thats where the problem lies



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  • tinoue
    09-27 09:52 AM
    I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)

    It is in "Beneficiary" section, right above my name. But I heard some people do not have numbers on thier approved I-140. I do not know why, though.




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  • abqguy
    01-19 05:15 PM
    lmao :D




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  • chanduv23
    03-14 12:16 PM
    Thank you all for your responses. We just wanted to keep a plan B active. Both of us are on h1b and from India. After residency, she will have 3 more years on h1b, and I am entering 8th year on h1b, if we don't get GC after all this, we would like to try various options like India, Canada, Australia etc.. and that's why we started enquiring.




    kaisersose
    08-03 06:29 PM
    whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.

    thanks!

    You cannot know about a revoked I-140.

    But if you filed a 485 based on that 140, then since 140 denial/revoking automatically closes the 485, you will get a denial notice for the 485 and that is how you know.




    HV000
    08-10 12:44 AM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.

    Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.



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