H1B cap...and why this drama

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labor_replace

Registered Users (C)
Folks..
I do not quite understand..why most of the immigration websites...keep highlighting this issue. Now a days...Indian companies have become smart..they apply in bulk. That is what happened this time...instead of applying in batches...they have applied all at once. No difference...it does not mean anything. Congress does not need to react to this.

All the immigration sites...want to make money in extending this limit. Most of the jobs are temporary...upgrades. Development work can still be done in india. If the govt increases the H1s...they will be in trouble.

Secondly, how come Govt is not coming out with laws to strictly enforce illegal immigration. If you see the news, hundreds of people are caught every week. If Govt is not able to handle illegal immigration(which is straight forward) ....how come they will be able to handle the legal immigration when economy collapses....which is bound to.

Why is AILA not encouraging the GOVT on illegal immigration issues...why they want to push for increasing H1s.?
I am just a layman here....
 
Why wouldn't AILA want to push for increasing H1s? More H1 visas means more money for the immigration lawyers!
 
Indian companies like Infosys, Wipro... all apply H1Bs in bulk as they do not know when there would a sudden requirement to send a person abroad and companies HR is also using this as tool to retain people among high attrition rate. A guy with a H1 would be working harder and will not leave the company as getting a H1 is difficult and whether that guy comes to US or not, the hope that one day he would be going to US would keep him working. Its kind of stock option. So, too many H1s would increase attrition in Indian offshoring companies, to avoid this companies would keep filing H1Bs for all their workers if cap is increased, there is no end to this drama. In future, USCIS may increase the H1 fee more.
 
labor_replace said:
Folks..
I do not quite understand..why most of the immigration websites...keep highlighting this issue. Now a days...Indian companies have become smart..they apply in bulk.
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What do you mean, bulk ? As far as I know, unlike L1, there is no blanket petition allowed for H1B. LCA is different stoty, but LCA does not consume any h1 quota.
 
With the current state of H1b [ .. well this is since long time].

Indian companies apply for H1b for guys, which at the time of H1b filling the company does not have any job offering. Now the guy comes to US and starts looking around for job. In this system .. say a company ABC really needs a guy ... and want to sponcer someone ... finds there is no quota left and is forced to hire someone from these bodyshop companies.

Restirictions on H1b is hurting the big companies as well as the small bodyshop companies ........ So they do need the surge in H1b.

And generally in US if big box companies want something -- they will get it.

It seems it very difficult to evaluate .. which company is really in need of H1b workers ...

So i guess in near future .. H1b quota will rise .. EB quota would remain the same or with little increase... At some point in time, I guess GC will be awarded posthumously.
:)

The only relief for EB will be something very close to Amnesty... or infinite increase of quota for some time.
 
the newest twist in this H-1b fiasco, since DHS has come up with the "brilliant" idea of a lottery system, is that companies are filing multiple H-1 applications for the same employee, to increase the odds of winning, due to a loophole in the law:
http://blogs.ilw.com/gregsiskind/

any guesses which these companies could be?
 
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the current speculation is that...the following two scenarios amounted to H1B quota usage,
1. Offshoring companies like, Accenture/Wipro started applying H1B's in advance for their employees (so that if an opening opens up, they can send employees immediately. For these offshore companies, H1B is like a free 3 year work visa in US)
2. Lot of people were brought into US via L1 visa last year (as a short-term solution). They all wanter to convert to H1B visa

----
gcwhenever, companies won't apply more than 1 H1B visa for an employee.....so, that possibility we could easily exclude....
 
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eBhola said:
With the current state of H1b [ .. well this is since long time].

Indian companies apply for H1b for guys, which at the time of H1b filling the company does not have any job offering. Now the guy comes to US and starts looking around for job. In this system .. say a company ABC really needs a guy ... and want to sponcer someone ... finds there is no quota left and is forced to hire someone from these bodyshop companies.
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The vast majority of the work force is made of Americans and GC/EAD holders as well as H1 people who are already here. If a company really needs someone they have those options available before having to bring somebody in from the outside. If they only want temp/consultant work they can still get it from Americans and EAD holders who work for bodyshoppers.

Secondly, if bodyshoppers can't get any more H1s then the quota is unlikely to be filled. So a company wanting to hire an H1 person directly won't be stopped by the quota. In such a situation I see the bodyshoppers becoming more of a recruiting agency... the corporations won't go to India/China/Russia to search for and interview somebody, but they'll pay the bodyshops to find somebody for them. To an extent some of the consulting companies already do that sort of headhunting for their clients.
 
gcwhenever said:
the newest twist in this H-1b fiasco, since DHS has come up with the "brilliant" idea of a lottery system, is that companies are filing multiple H-1 applications for the same employee, to increase the odds of winning, due to a loophole in the law:
http://blogs.ilw.com/gregsiskind/

any guesses which these companies could be?
Click to expand...

Just what I had thought!! :( These desi consultants are the root cause of our green card delays. I am guessing that most of the vocal members (and many core members) of IV work (or have worked) for desi consultants.

These desi consultants have been bending laws for a very long time, and we are suffering because of them. I hope this new H1B bill eliminates their role. That is the only way the GC mess will ever be solved.
 
Reality check

So who is worthy of green card?

1. EAD holders with somewhat of newer PD
2. 140 approval holders with older PD than 1 but cannot file I-485 because of retro
3. New applicants with latest skills and are ready to work for cheaper price than 1,2,green card holders, citizens

the list can go on....The idea is that one should feel secured and defend themselves because of their situation. That security can vanish in no time. Instead of posting all kinds theories, it is better if people do not open the can of worms..

However it was just an advice...

:)
 
This is True. Call it Desi Greediness. Desi consultant companies not only made conditions worse but also inflicted sufferings on subjects they brought here.

qplearn said:
Just what I had thought!! :( These desi consultants are the root cause of our green card delays. I am guessing that most of the vocal members (and many core members) of IV work (or have worked) for desi consultants.

These desi consultants have been bending laws for a very long time, and we are suffering because of them. I hope this new H1B bill eliminates their role. That is the only way the GC mess will ever be solved.
Click to expand...
 
Aren't Wipro or Infosys or TCS glorified bodyshopper?
Everybady including all bodyshops is a thief here. All people have to find is the one who is slighly more decent thief.
 
Saiser said:
This is True. Call it Desi Greediness. Desi consultant companies not only made conditions worse but also inflicted sufferings on subjects they brought here.
Click to expand...
holier than thou....

its called as business......some one has to lose for some one to gain.........the whole sum always remains same.

nobody is at fault or anything.....its just the way things work....
* rules are made....
* loopholes are found
* new rules to fix loopholes....
* but new loopholes will be found

the fittest (and the lucky ones) will always find a way to survive...

its just that right now at this moment........we (EB3-EB2-india/china) are the unluckiest ones......its for our own benefit that we leave this option and think about anything else which might work....
 
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techy2468 said:
the fittest (and the lucky ones) will always find a way to survive...
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I agree with this. We will have to make sure that we are the fittest to survive.

Supporting the H1B-clean-up bill is in our best interests.

If those H1B holders earning less than the prevailing wages (less than 50 K for software engineers --- common in CA) are disqualified, we should have no problems with it.

Besides, unless some law is passed, the Wipros and Infosyses that pay low wages will continue to give all of us legal immigrants a bad name. And until their role is diminished, our chances of getting GCs will remain dim.
 
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qplearn said:
If those H1B holders earning less than the prevailing wages (less than 50 K for software engineers --- common in CA) are disqualified, we should have no problems with it.
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Less than 50K in CA .... With living cost so high over there ... who will ever work as Software Engineer for that wages in CA?
 
Nadi said:
Less than 50K in CA .... With living cost so high over there ... who will ever work as Software Engineer for that wages in CA?
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Entry level people start at that wage.....even though they are billed almost $75/hour to the end client...

these people are usually trained and they need visa sponsor...hence they are willing to work for anything...
 
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