My apologies, I stand corrected on the
H-1B cap. I misread it and thought it was to be increased. It will be decreased
as this article notes.
As far as Permanent Residency, the same
web site that you provided shows a flow chart that, with the help of the
employer, can process an H-1B worker giving them Priority status.. http://www.immigrationlawgroup.net/flowcharts/residproc.php
shows you how an H-1B employee can complete a Labor Certification Questionnaire
with the intention of obtaining permanent status once the six year limit is
completed. See the flow chart at this link. An H-1B employee is considered a
Priority Worker and has special privileges.
It can be done and this is why there are
so many legal firms out there to help those with immigration issues.
I do apologize about the H-1B cap. This
site does offer some interesting information to help you understand the
different types of immigration statuses and visas available.
From: Shafat Qazi
Sent: Monday, November 10, 2003
Subject: RE: SICK PROFESSION
You are misinformed about this. The H1-B visa cap as of October 1, 2003 is set
at 65,000. See link:
You are also wrong about H1-B worker having advantage in gaining permanent
residence. To educate you here is how a person can migrate to USA.
1. Participate in Lottery. Every year INS issues green cards by picking names
at random from the application filed from certain qualified countries. Why citizens
of some countries can't participate in this lottery system remains unknown to
2. Parents of US citizens. Waiting period varies between 6 months to 3 years
depending on the country of origin. Each country has its on quota for this
3. Unmarried children of US Permanent residents or US citizens under the age of
18. Waiting period varies between 9 months to 4 years depending on the country
of origin. Each country has its on quota for this category.
4. Married Children. This one has not moved for past eight years.
5. Brothers and sisters. This one also has not moved for years.
6. Employment based. This one has two methods. RIR method which requires six
months of advertising in major newspapers. Currently takes 2 to 3 years
depending on where you live. The other method (regular) requires one month of
advertising in a major newspaper takes over four years. The quota for this
category does not impact the quota for the family based immigration categories
Because the employment based category has always been separated from family
based category, it does not impact them. Also remember each category has its
own quota per country.
Hope the helps clear the misinformation.
At 07:51 PM 11/10/2003, you wrote:
I don’t agree with you on this one. First, the H-1b cap has been
extinguished and no longer exists. It was to be doubled, but in the current
year, the limit was not reached – yet the database does not negate the
existence of Structural Engineers hired with H-1b contracts through 2004.
An H-1b worker can apply for permanent status once he arrives in the United
States. Essentially, he does jump over the quotas and he does this by paying
for legal representation. The trick is that he must obtain permanent residency
(green-card) before his contract gives up and his employer may apply for
extensions up to, I believe it has been increased, six years. This is generally
within the time it takes to obtain approval of permanent status.
Outsourcing when work is available in the United States my serve companies who
seek labor at lower rates but threaten workers wages in this country. Gail
Kelley (GSKWY(--nospam--at)aol.com) said it very
eloquently as has the foresight to see what would happen if our rates
were lowered in this country to compete against others. Our debtors would not
dismiss or lower our debt as Roosevelt devaluated the dollar in the mid
1940’s). We would either default or be working multiple jobs (and those
being hands on positions that can’t be outsourced).
There are problems with the transfer of goods back and forth between companies
that produce products in other nations. However, they must find their niche as
opening a MacDonald’s or Burger King only perpetuates the global profits
of that company for its shareholders. It does nothing for new start-ups that
must compete but can’t handle the advertising budges. The same is true of
Global Entertainment copyrights. Schwarzenegger is earning residuals in foreign
markets wherever his films are shown. Ultimately these siphons off any
available financial resources back to the resource holder and in some cases the
government (in taxes).
David Fisher signs his posts with the name of a company in the Grand Cayman
Island which are known tax shelters that can’t be touched by the United
States. I don’t know his reason for this, but if David is avoiding paying
taxes in the United States (and I am not suggesting he is) I would be against
this as it depletes the cost of government and increases our deficit.
Unlike the man you met from India, there are no job gains in the United States
when positions are outsourced. While his acquaintance may not be able to
compete with McDonalds or Burger King, these companies offer jobs to those in
India willing to work there. They don’t send Americans to do more than
get the business off the ground and then they return to the states to let the
businesses excel on their own.
From: Shafat Qazi [mailto:seaint-ad(--nospam--at)seaint.org]
Sent: Monday, November 10, 2003
Subject: Re: SICK PROFESSION
Well said! I have been reading this thread. Although it seems to change
direction from "sending work overseas" to "Hiring foreign
workers (H-1B)". These are two different issues and mixing them in one
thread is confusing the issue.
Recently I was in India and met a business man on my plane ride. He owned a
chain of Indian fast food restaurants and was complaining about Indian
government allowing foreign business such as McDonald and Burger King to do
business in India. This person ended up loosing most of his restaurants because
he couldn't keep up with the competition. The point is, we are all complaining
and trying to adjust to this new global economy.
Sending work to foreign countries should be left up to the business man not
regulated by governments. That is what capitalism is all about. How many of us
have purchased clothes, computers etc. based on where they were manufactured?
The fact is we all look for the best deal in every aspect of our life. So lets
stop complaining about companies sending work to foreign countries. Rather
spend that time marketing our services and products to countries like Russia,
China, India, Malaysia. There are a lot of people there you know, and we all
could make a lot of money.
H1-B is altogether a different issue. Here are some facts that you must know:
1. There is a cap to the number of foreign workers that can come to US. The
current cap is 65,000 per year.
2. A H1-B worker does not become a permanent resident automatically and does
not jump ahead of others. There is a separate cap for green cards. Those caps
are per country and issued based on date applied.
Thats is my take on it.
At 11/10/2003 04:47 PM, you wrote:
Thanks for the added perspective that was also going through my head, but
lacked the courage to articulate it.
I would add another perspective...
And how many foreign workers can get a job in their own country because
there are American's their in those jobs? How many foreign companies lose
work in their own country to U.S. companies?
Protectionism is all fine and dandy, but if we fully "implement" it,
what stops other countries from do the same? What would happen to a lot
of the products that are sold outside of the US? What would happen to
those American's who are employed about outside the US?
Like it or not, we are in a global economy. There will be US workers who
lose jobs on our own soil due to foreign workers. There will be US
workers who lose jobs due to companies shipping them overseas. But,
hopefully there will be just as many Americans who get work overseas or
get jobs here when companies send jobs here. Does this mean that
everything is on the "up and up" and that we can just sit back and
beer (or a caffience free Coke in my case)? Nope. There will be
and corruption that will need to be watched for and dealt with.
On Mon, 10 Nov 2003, Roger Turk wrote:
> I have started to respond to H1b threads on several occasions, but for one
> reason or another decided not to send the response.
> Do we forget that this is a nation of immigrants? All of us,
> Native Americans, came from somewhere else. Maybe our ancestors came
> they were explorers; maybe they came because this was a land of
> maybe they came because they were oppressed in their native country.
> I am a second generation American. My grandparents came to this
> the late 1800's from Lithuania, Poland and Germany for the same reasons
> people before and after have come here. I welcome people who are
> enough (or oppressed enough) to come to a country whose language is
> and whose customs are strange to make a new life for themselves, their
> family, and particularly their children.
> No matter how skilled or learned our new immigrants may have been in their
> country of origin, they have to start anew here. Many have had to
> menial jobs until they learned the language, customs or procedures that
> all too familiar to them in their native county. They are willing to
> for low wages because of the opportunities that await them.
> How can we forget that we, who have been born here, have spent more than
> years learning the English language, yet many of us still are not
> in expressing ourselves, cannot spell correctly, use incorrect words and
> cannot punctuate or capitalize correctly. Why do we fault people who
> only been here a few years for making what may be literal translations
> I, for one, welcome these newcomers to the USA, the land of opportunity,
> wish them the greatest success as many of those who have preceded them
> A. Roger Turk, P.E.(Structural)
> Tucson, Arizona
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