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Article on NRISoft the "H1B Transfer" Unsweatshop

A posting by Sean on Dice Forum "Tech Market Conditions"

H1B Abuse: What THEY don't want YOU to know about H1B Workers
Posted: Aug 23, 2008 1:23 PM Reply


The article posted about http://www.NRISoft.com/ "H1B Transfer" house aka H1B Unsweatshop was number one article on TechGoss for 2 months.

The post got yanked out of the board here.

Also on TechGoss, the most popular article suddenly went into oblivion.

Looks like heat is on- on both sides.

Please use caution in your replies and spread the word.

http://techgoss.com/fullstory.aspx?storyid=c1221606644062308062308%2012:15:22%20PMS11119

http://delicious.com/NRISoft

http://digg.com/tech_news/H1B_Abuse_What_THEY_dont_want_YOU_to_know_about_H1B_Workers

Please book mark on delicious and digg it! Spread the word.


Message was edited by: Sean

Who would have thought that, Indian H1Bs are not the worst hit.


2nd JOB SEARCH

According to a study, It is H1Bs from Bangaldesh, Nepal and Pakistan are the worst hit by Bodyshop abuses and in that order.

Typically, H1bs from Bangladesh, Pakistan and Nepal, converts to a greencard, normally, in 1and 1/2 yrs. However, the greencard process is not started by the bodyshop employers for 2 to 3 yrs, because, getting them a greencard cuts into their spread. Spread sometimes can even exceed the pay of the H1b employee.

Indian starts US Company to stop visa exploitation
By Shalini Singh Tech Goss

Shravan grew up in Hyderabad and came to US for Masters at Oregon State. Few years later, he started a career as a Manager in an Indian body shop in the Silicon Valley. Shravan, after observing every H-1B getting ripped off by the bodyshop, he quit to join Oracle and later Nortel Networks as their internal technical recruiter making a healthy six figure income. While working at recruitment at the body shop, Shravan noticed that the H-1B visa holders were being paid only a fraction (25-50%) of their real earnings and denied the choice of moving jobs to a preferred employer because of the USCIS regulation in favor of bodyshops.

California-based Shravan, along with a partner, has been working with H-1B visa holder since 2003, under a different company name. He says that he has learned from his mistakes, and will not under pay people. Now that the length of time for H-1B employees of Indian origin to get a Greencard has dramatically increased, and consequently the workers abuse increased, he has now floated NRISoft.com which he calls the “Un-Sweatshop” to assist Indians on H1b, H1B Transfer to NRISoft get a better deal. H1 Visa transfer to NRIS, can double your salary, in most cases, He told techgoss:

"The exploitation of H-1B visas holders is extremely bad. The unfortunate part of the story is that it is Indians who are exploiting other Indians - both in India, as well as in America.

more on Tech Goss.com

H1b Visa Abuse.... Continues

Sponsored by a not for profit, serving the H1B community in the United States http://www.greencardASAP.com

H1Blog, on this fourth of July day 2008, urges all the Indian H1b visa holders to give up their H1b visa, by a H1 visa transfer to an employer that will sponsor you for a green card right away. Biggest problem H1bs are facing is the green card delays. Half the problem is H1b visa employer and the other half is the USCIS.

H1b abuse of Indian origin is getting rampant. Getting worse by the day and the American immigration is not helping.

Not getting paid on the bench: Indian bodyshops are eating up the spread and leaving the H1bs holding the bag.
Most H1bs get paid 25 to 50% of the billing to a client. The spread goes into the pocket of the H1b employer.
Like that is not enough, H1bs are not not paid on the bench. Typical case, H1b is promissed 48,000, 3 months on the bench, gets only 36,000, about $18 per hour, (working overtime for free, of course). The same person is billing for $60 to $70 per hour. The spread spread is nearly three times what you make.
Should we be making our h1b visa employers rich? but for how long? 6-8 yrs to get a greencard is not acceptable for Indians while all other H1bs from other countries, even the Pakistanis get their greencard in 1 to 2 years.

We urge the USCIS, on this day, the fourth of July, 2008 to uphold the constitution of this great nation, that all H1b are created equal and that H1bs from the greatest civilization, India must not be descriminated against.

As Indians, we must not forget our culture, culture of Sanatan Dharma. Our eternal nature. As the wetness is the nature of water, so also the our Atma, Souls eternal nature is to serve God, Govinda... Gopala.. Go, is cow. Cow is very dear to God. We urge all the fellow Indians to stay away from Beef eating. Discourage your friends from eating beef or even buying leather from India.

Please take a look at what is happening to Holy Cows in India.... looking at this video, our condition perhaps as Indian H1bs in America is not as bad after all. May be we ought to suffer for 6-8 yrs as new found slaves in America.....
Please endure it for a few minutes.... and it will change your life for the better.

NRISoft GoSeva http://www.nrisoft.com/goseva.html

Vaishnava Television http://www.vaishnava.tv

H1 Visa Transfer? FREE Information "How to get your greencard ASAP"

http://www.greencardASAP.com


Indian Bodyshop, starts US Company to stop H1B visa exploitation
By Shalini Singh - TECH GOSS

Shravan Debbad grew up in Hyderabad and came to USA in 1987 to do a Masters at Oregon State University. Few years later, he started a career as a Manager in an Indian body shop in the Silicon Valley, USA. Shravan quit to join Oracle and later Nortel Networks as their internal recruiter making a healthy six figure income per year. While working at recruitment at the body shop, Shravan noticed that the H-1B visa holders were being paid only a fraction of their real earnings and denied the choice of moving jobs to a preferred employer.

California-based Shravan, along with a partner, has been working with H-1B visa holder since 2003, under a different company name. He says that he has learned from his mistakes, and will not under pay people. Now that the length of time for H-1B employees of Indian origin to get a Greencard has dramatically increased, and consequently the workers abuse increased, he has now floated NRISoft.com which he calls the “Un-sweatshop” to assist Indians on H-1b working visas get a better deal. He told techgoss:

"The exploitation of H-1B visas holders is extremely bad. The unfortunate part of the story is that it is Indians who are exploiting other Indians - both in India, as well as in America.

In The USA, it is now taking a long time now for Indians to get a Greencard. H-1B visa holders may have to wait for 6 plus years while EB2 may have to wait for 8 plus years. The biggest problem of not having a Greencard, is mobility, and therefore, getting underpaid by their body shop employer. I believe that we have a solution to their problem. That is, we offer mobility to our employees. They can work for any company out there in the US, as a consultant, and our employees get 90-92% of the billing rate minus taxes of course. That is 20% more than what even citizens and Greencard holders make at most staffing companies.

In India: we call ourselves the “Un-Sweatshop”, an alternative to working for the multi-billion dollar software Sweatshops in India. Although India might look like its making strides in the technological arena, we believe that the greatest civilization to exist on the Earth has slipped back (hopefully for very short time) into middle ages. Just like in the Industrial Ages, these software sweat shops employ thousands of Indians, putting in 14 hour days, 6 days a week. Sure they are getting thousands of rupees. This is no way to live. While the Indian workers are slogging under constant pressure of losing their job for non performance, the owners, so called visionaries are raking in billions. These visionaries are developing "the Ass" culture in India.

Lord Krishna says, in Bhagavadgita, Ch7, Verse15,

"Na Mam (not unto me) Duskrtino (miscreants) Mudhah (foolish)

Prapadyante(surrender) Naradhamah(lowest among mankind)

Mayaya (by illusory energy) apahrta(stolen)-jnana(knowledge)

Asuram (Demonic) Bhavam(nature) Asritah(accepting)

Those miscreants who are grossly foolish, lowest among mankind, whose knowledge is stolen by illusion, and who partake of the atheistic nature of demons, do not surrender unto me."

The mudhas are those who are grossly foolish, like hard-working beasts of burden. They want to enjoy the fruits of their labor by themselves, and so do not want to part with them for the Supreme. Translation from Bhagavadgita AS IT IS.

The typical example of the beast of burden is the Ass. This humble beast is made to work very hard by his master. The ass does not really know for whom it works so hard day and night. He remains satisfied by filling his stomach with a bundle of grass, sleeping for a while under fear of being beaten by his master, and satisfying his sex appetite at the risk of being repeatedly kicked by the opposite party. The ass sings poetry and philosophy sometimes, but this braying only disturbs others. This is the position of the foolish fruitless worker who does not know for whom he should work.

He does not know that Karma(action) is meant for Yajna (any action performed only to please God)

What would we do different? We will implement normal 8-9 hours per day. 4 hours on Sat. There will be no emotional blackmail, the way it goes on in these sweatshops. We will share 90 percent of our profits with the employees in India. Employees in India can expect a Diwali check to be as much as 1/2 their yearly salary! We are looking for a break in India, for a site allotment. Once this works out, we will be in business.

Why would we wanna give away the store?
At the end of the day, no matter how much money you make, you can only eat 4 chapatis.

H1 Visa Transfer to the "Un-Sweatshop" http://www.NRISoft.com

more on this article at:

http://www.techgoss.com/NRISoft

H1B Visa Transfer anyone?

Here is an unedited interview of NRISoft, by the editor of Australian online magazine, TechGoss.com


1) What does NRISOFT plan to do what is not already being done by other employment agencies?


NRISoft:
In The US: It is taking a long time, now to get a greencard, for Indians, 6 plus yrs. EB2 may take 8 yrs. Biggest problem of not having a greencard, is mobility, and therefore, getting underpaid by their bodyshop employer. I believe that we have a solution to their problem. That is, we offer mobility to our employees. They can work for any company out there in the US, as a consultant, and our employees get 90-92% of the billing rate minus taxes of course. Thats 20% more than what even the citizen/greencard holders make at most staffing companies.

In India: We call ourself "Un-Sweatshop", an alternative to working for multi-billion dollar software Sweatshops in India. Although India might look like, its making strides in the technological arena, we believe, that the greatest civilization, to exist on the Earth has slipped back (hopefully for very short time) into middle ages, similar to the days of industrial age. These software sweatshops, employ thousands of Indians, putting in 14 hr avg. workdays 6 days a week. Sure they are getting thousands of Ruppees. This is no way to live. While the Indian workers are slogging under constant pressure of losing their job for non performance, the owners, so called visionaries are raking in billions. These visionaries are developing "the Ass" culture in India. An ass works very hard all day, carrying all this weight on his back, for the washer man, because he thinks that at the end of the day, the washer man will feed him grass. You see, the ass can find a morsel of grass anywhere. He doesnt have to work so hard.

What would we do different? We will implement normal hours of 8-9 hrs /day. No emotional blackmail. Share 90% of our profits with the employees. Employees can expect a Diwali check to be as much as their yearly salary! We are looking for a break in India, for a site allotment. Once this works out, we will be in business.

Why would NRISoft want to do give out the store?
our missions statement is, "Isa Vasyam Idam Sarvam.....
God is the true owner of all things. Why take claim for something that isnt ours?
At the end of the day, no matter how much money you make, you can only eat 4 chapatis!
I guarantee you, that the rogues that claim to own these billion dollar sweatshops, cant even digest 1 chapati.


>>2) How successful have you been in giving Indians on H-1B visas a better deal
>>in USA

We have been very successful. We are a true equal opportunity employer, unlike other American companies, who pay about 14% less to H1b employees, according to a study.
Some H1bs transferring from other bodyshops, nearly double their pay. Sometimes, get paid even better.
We start the greencard processing within 30 days. Not after a year or two or three.
Anyone who is on a project can transfer their H1b to NRISoft and start, perhaps doubling their pay.

>>3) How bad is the exploitation of Indians on such visas in America?

Exploitation of H1b visas holder is just, extremely bad. Unfortunate part of the story is, it is Indians who are exploiting other Indians, both in India, as well as in America.

So, I request you to help us make a change. Tell your friends in America to call us and find out how we can help them. And in turn, they can help us reach our goals.

Our Goals in India are:
1. End "Ass culture" in the IT sector.
2. Stop Cow slaughter in India, by declaring Cow as "India's national animal".

I encourage all of your readers to go to our website http://www.NRISoft.com/goseva.html
print it out, sign it and mail it to the Prime minister of India, Manmohan Singh. While you are there, be sure to click on the link about what is happening in India. A video featuring Pamela Anderson.


Hope that answers some of your questions

Thanks


Shravan Debbad

for NRISoft

June 14, H1BLog.com

Following post, is based on several websites. How ever, it does not add up. One poster objected that I-140 is not the main issue, its I485, adjustment of status.

Sponsored by NRISoft.com. H1B Visa Transfer to NRI -and Min 90+% of Billing is yours.

http://www.NRISoft.com


The USCIS will be offering premium processing of green card applications from employers who want to sponsor H1B visa holders nearing the end of their six-year limit.

Two days from now, June 16, the US Citizenship and Immigration Services will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of the alien workers whose six-month stay allowed under H1B visa will expire within 60 days.

How Do I Use the Premium Processing Service?

Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing.

The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.

The service is limited for Form I-140 petitions that are filed on behalf of aliens under certain conditions, including that their sixth year will end within 60 days and who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of AC21.

Section 104(c) of AC21 permits certain applicants to extend their stay in H-1B non-immigrant status beyond the six-year bar in increments of up to three years, under certain conditions.

In Congress, H-1B issue pits tech workers against farm groups

Sponsored by H1Hub. Answers for your H1b Transfer Questions

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A hearing today illustrates why tech groups are blocked on this issue

By Patrick Thibodeau

June 12, 2008 (Computerworld) WASHINGTON -- When U.S. Rep. Zoe Lofgren (D-Calif.) led a U.S. House hearing today on bills that would make it easier for highly educated foreign tech workers to stay in the U.S., she had almost everything she needed to make her case. Underscore the word almost.

At the hearing, Lofgren's legislative effort was backed by the leading professional engineering group, the Institute of Electrical and Electronics Engineers Inc. (IEEE-USA); the Semiconductor Industry Association; and an academic group, the Association of International Educators.

What Lofgren didn't have was the support of everyone on her Subcommittee on Immigration, Citizenship and Refugees, Border Security and International Law.

"I think we should give the high-tech industry the innovators they need," said fellow committee member Rep. Luis Gutierrez (D-Ill.). But what do lawmakers tell foreign workers who labor on farms and apply pesticides -- that "you're not really smart?"

Gutierrez called farm workers "just as critical and relevant to the innovation of that industry" as tech workers are to IT innovation. And he urged the committee to take a "holistic approach" to immigration so that the most vulnerable "are not stigmatized by actions of the Congress."

Gutierrez' argument encapsulated why efforts to raise the caps on H-1B visas and green cards face a difficult time in Congress. Last year's failed attempt at immigration reform has turned the issue into an all-or-nothing fight for many lawmakers, which has so far stymied efforts by tech groups to win support for expanding the H-1B cap. The outlook for Lofgren's effort is uncertain at best.

She recently introduced three bills intended to make it easier for U.S. firms to hire graduates of U.S. universities who earn a degree in science, technology, engineering or mathematics. One bill, HR 6039, would exclude these graduates from the annual 140,000 limit on skills-based employment visas. A companion bill was introduced earlier this month in the Senate by Sens. Barbara Boxer (D-Calif.) and Judd Gregg (R-N.H.).

In response to Gutierrez' argument, Edward Sweeney, who chairs the Semiconductor Industry Association's Semiconductor Workforce Strategy Committee and is vice president of worldwide human resources at National Semiconductor Corp., said his industry is dealing right now with the loss of "job creating talent."

Every day, said Sweeney, foreign graduates are returning home, where they create jobs "to compete against us." Gutierrez countered by describing the threat of deportation or the risk of jail facing an undocumented worker in a meatpacking plant.

Stating the case for the IEEE was Lee Colby, an electrical engineer and 36-year employee of Hewlett-Packard Co. who now runs his own circuit design consulting company. "At this point, it's difficult to get enough engineers in the United States to staff our research and development labs," said Colby, calling that situation "somewhat pitiful."

He continued: "We definitely need talent from overseas to correct this situation."

The only person on the panel called to testify in opposition was Mark Krikorian, executive director of the Center for Immigration Studies, who argued that highly skilled workers are not really that highly skilled.

"Contrary to the claims of the lobbyists, these workers aren't necessarily the best and brightest," said Krikorian, citing a study by Norman Matloff, a computer science professor at the University of California at Davis.

But Sweeney said the semiconductor industry applies for up to 4,000 green card workers a year and he said those workers, many with masters degrees and above, "are crucial" to product research. "They are making north of $100,000 a year," he said.

Indian workers don't want U.S. jobs, survey reports
Survey shows majority of Indian high-tech graduates would prefer to stay there to work.

By Denise Dubie , Network World , 05/07/2008

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Despite the controversy surrounding Indian nationals and the U.S. H-1B visa program, a recent survey of Indian high-tech graduates revealed that the vast majority would rather remain in India than relocate to the United States or other foreign countries to pursue career opportunities.

The survey of 677 graduates of Indian Institutes of Technology showed a significant drop in the percentage of Indian citizens who opted to leave the country for higher education or work reasons. Evalueserve, the research and analytics firm that conducted the survey, says among those high-tech workers that graduated between 1964 and 2001, 35% moved to countries other than India. Among those graduating in 2002 and 2007, 84% remained in India and 16% decided to pursue interests elsewhere.
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The research also showed that fewer Indian graduates believe other countries such as the United States would provide more opportunities than their nation of origin. Sixty percent of those graduating between 1964 and 2001 said they thought the United States and other developed countries provided better education and career opportunities. That number dropped among more recent graduates to 51% believing they would have a better chance landing a job if located outside of India.

The research shows that Indians believe they can succeed best in their own country, according to Alok Aggarwal, chairman and founder of Evalueserve and previously with IBM's Thomas Watson Research Center (during which time he helped to build IBM's Research Laboratory at IIT Delhi).

Most strikingly, when asked, '10 years down the line, which geography do you think will hold the most promise for success?' 72% chose India, [with] only 17% opting for the U.S, 5% for Europe and 2% for China," the report reads.

Specifically regarding the United States, 30% of Indian workers who graduated between 1964 and 2001 moved to the United States, while 12% of those who graduated between 2002 and 2007 did the same. The research shows more of the latter graduates did want to move to the United States but didn't for reasons ranging from stringent visa norms post Sept. 11, high cost of living, limited scholarships and the perception of a poorer life in the United States.

For 70% of those graduating prior to 2002, the United States represents better academic opportunities; 63% of those graduating in 2002 and beyond believe the same. But the perception of more work in the United States has changed. Seventeen percent of respondents who graduated between 1964 and 2001 perceived there were limited job opportunities in the United States, compared with 28% of those graduating between 2002 and 2007 who believe the prospect of work overseas was limited.

"The drop in the number of [Indian Institutes of Technology graduates] who believed the U.S. offered a 'better standard of living' has been remarkable, from 13% to almost zero," the report reads.

Sponsored by NRISoft.com the H1b "Un-Sweatshop"

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US asks Infosys, Wipro to explain use of H-1B visas


WASHINGTON: Contending that the H-1B visa program is being abused to displace qualified American workers, two US lawmakers have asked nine foreign-based firms, including some leading Indian companies that used 20,000 of such visas, to disclose details about their workforce and their use of the special programme.

As the US Senate gets ready to take up the comprehensive immigration reform legislation, the two top law makers -- Republican Senator Charles Grassley and Democratic Senator Richard Durbin -- said "more and more it appears that companies are using H-1B visas to displace qualified, American workers."

"As we move closer to debate on an immigration bill, I continue to hear how people want to increase the number of H-1B visas that are available to companies. Considering the high amount of fraud and abuse in the visa programme, we need to take a good, hard look at the employers who are using H-1B visas and how they are using them," Grassley said in a statement.

"Supporters claim the goal of the H-1B program is to help the American economy by allowing companies to hire needed foreign workers. The reality is that too many H-1B visas are being used to facilitate the outsourcing of American jobs to other countries," Senator Durbin said.

The two have written letters to the firms to determine if the program is being used for its intended purpose, which is to fill a worker shortage for a temporary time period.

The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.

"We have to look at the system that generates these visas and the way they are used. This legislation will help protect American workers first by stopping H-1Bs from being exploited and used as outsourcing visas," Durbin said.

He said that he expects the companies to cooperate and answer his questions to ensure accurate information is being used as Congress begins debate on new immigration policy.

Senators Grassley and Durbin recently introduced legislation that would overhaul the H-1B and L-1 visa programs to give priority to American workers and crack down on unscrupulous employers who deprive qualified Americans of high-skill jobs.

The H-1B visa program, which was launched in 1990, allows foreign scientists, engineers and technologists to be employed for up to six years in the US, at the end of which they must obtain permanent residency or return home.

Information that is being asked of the companies are on the number of visas they hold, wages, efforts to recruit qualified American workers, outsourcing of jobs to other countries and whether any US workers have had their responsibilities outsourced.

" We have been concerned about reported fraud and abuse of the H-1B and L visa programs, and their impact on American workers. We are also concerned that the program is not being used as Congress intended," the lawmakers have said in their letter to company executives.

While some members of Congress have focused on increasing the annual cap of the H-1B program, "we believe it is important to understand how H-1B visas are being used by companies".

The two lawmakers said they have received helpful data from the US Citizenship and Immigration Service with regard to H-1B visa approvals in 2006 for the top 200 participating companies.

"Your company was one of the top companies on the list. Therefore, we are requesting your cooperation in providing additional statistics and information on your use of H-1B visa workers," the Senators have said in the letter.

"Some groups, such as the Programmers Guild, have analyzed the wages paid to H-1B visa holders. They have found that the average annual salary of foreign workers is significantly lower than that of new graduates... a number of consulting firms reportedly recruit foreign workers and then outsource the individuals to other job sites or companies" the law makers have maintained.

"A number of firms have allegedly laid off American workers while continuing to employ H-1B visa holders.

"The American people are concerned about such lay offs at a time when the demand for visa issuances and the recruitment of foreign workers appear to be increasing," said the senators who have asked the companies some questions on numbers, wages, outsourcing and layoffs.

Current Cap Count for Non-Immigrant Worker Visas for Fiscal Year 2008

Please see the information relating to H-1B Program Changes for FY 2009 in the Related Links section of this page.

What is a “Cap”?

The word “Cap” refers to annual numerical limitations set by Congress on the numbers of workers authorized to be admitted on different types of visas or authorized to change status if already in the United States.

H-1B

Established by the Immigration Act of 1990 (IMMACT 90), the H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years and, in some cases, beyond, if an a/s application is pending.

An H-1B nonimmigrant (with the exception of certain fashion models) must have a bachelor’s degree or higher (or equivalent) in the specific specialty. The H-1B visa program is used by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor’s degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap.

H-1B Employer Exemptions

H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.

H-1B Advanced Degree Exemption

The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The H-1B Visa Reform Act of 2004 also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution. Such persons are statutorily exempted from the annual cap.


H-1B (FY 08)- 58,200 Cap Reached-4/2/2007

H-1B Advanced Degree Exemption (FY 08)-20,000-Cap Reached-4/30/2007


1 6,800 visas are set aside during the fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can be made available for H-1B use with start dates beginning on October 1, 2007, the start of FY 2008. USCIS has added 5,800, the projected number of unused H-1B1 Chile/Singapore visas to the FY 2008 H-1B cap.

H-1B1

An H-1B1 is a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor’s degree or higher (or equivalent) in the specific speciality. The combined statutory limit is 6,800 per year. 1,400 visas are set aside annually for nationals of Chile, and 5,400 for nationals of Singapore.

H-2B

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. USCIS regulations allow for filings 6 months in advance. However, H-2B petitioners first must obtain a temporary labor certification from the Department of Labor (DOL). DOL regulations stipulate that the application for temporary labor certification may not be filed more than 120 days in advance of the need for the employee to ensure the accuracy of the labor market test. Thus, USCIS normally begins receiving H-2B petitions with employment start dates in October in June or July.

What is the H-2B numerical limit set by Congress?

The H-2B numerical limit set by Congress per fiscal year is 66,000. USCIS notes that, as of October 1, 2007, Congress has not amended the "returning worker" provisions of the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) to cover FY 2008.

Until October 1, 2007, if a petition was approved only for the purpose of extending an alien’s stay in H-2B status, or only for change or addition of employers or a change in the terms of employment, the worker was not counted against the numerical limit at that time. By contrast, an alien who changes nonimmigrant status to H-2B was generally counted against the annual H-2B cap.

Why does USCIS authorize more H-2B workers than the statutory limit?

USCIS adjudicates H-2B petitions based on the facts presented by the petitioner in the petition. If the alien beneficiaries of the H-2B petition are abroad, USCIS then sends the approved petitions to the Department of State (DOS) for consular processing. Employers, however, may decide after submitting an H-2B petition that the aliens on whose behalf it petitioned are no longer needed. In such cases, DOS will not issue the aliens an H-2B visa. In other instances, some aliens never appear at the consular post for their H-2B visa interview following petition approval. DOS may also deny some H-2B visa applications even though USCIS has approved petitions for these workers. Similarly, DHS Customs and Border Protection (CBP) may determine at a port-of-entry that the beneficiary of an approved H-2B petition is inadmissible and refuse to admit the alien to this country.

Because of such “drop outs,” the number of potential H-2B workers authorized to work by USCIS will exceed the actual number of visas issued based on petition approvals -- the basis of the statutory limit.

Cap- Total-H-2B 1st Half-33,000-Cap-Reached-9/27/2007

H-2B-2nd Half-33,000-Cap Reached-1/2/2008

H-2B Annual (FY 08)-66,000

1 Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.
2 A shortfall in the 1st half would be made up in the 2nd half.
3 Visas issued plus beneficiaries changing status already in the United States.

H-3

The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of November 29, 2007, one of these H-3 visas had been approved with a start date in FY 2007.

Paul Heller, is one of the top immigration attorneys in the Silicon Valley. His firm is rated among the best, for processing the greencard, in a fast and expedient manner, by GreencardASAP.com

http://www.greencardASAP.com

Mr. Heller is willing to take calls for registered members (free membership) of H1Hub, as a part of our service to H1b visa holders.

Please follow the following steps:

1. Register yourself. Takes only a minute.

2. Post your question, on h1hub.com, in detail.

3. Call attorney Paul Heller, Toll-Free: 1.800.863.4448; Int'l/Local: 1.650.424.1900

4. Please let him know that you have posted your challenge on the H1Hub.com
He will read your question on H1Hub and answer you, over the phone.
If he is extremely busy, he may post his reply on H1Hub for you.

5. After you talk to him over the phone, as a service to rest of the H1b community, please post the solution you received for your problem.

6. Mr Heller will read your answer and make sure that you understood him correctly. He may make a correctional post, if he feels otherwise. So, check your posting back again, in a couple of days.

Good luck!

Here is a posting by someone named "Transfer-my-h1b" on one of the sites that helps people get h1b, in India.

H1 Transfer Hub



"NRISoft into Activism - Cow Protection!

Top paying H1b bodyshop in into cow protection.


http://www.nrisoft.com/goseva.html



Here is a message written to Prime minister of India, Manmohan Singh, be sure to make a copy, sign it and send it to him.



A posting of a video made by (the)Pamela Anderson, re: a bull killed in an Indian temple. I did'nt know Pamela Anderson is also into cow protection.

posted on http://www.vaishnava.tv Vaishnava Television



Transfer-my-h1b"

The H-1B visa program allows American companies and universities to hire foreign scientists, engineers and programmers. Unfortunately, H-1B law lacks adequate safeguards to protect US workers from being displaced and is abused to provide cheap labor. Although requirements say employers must pay the "prevailing wage," numerous loopholes mean there is little real-world wage protection for either US citizens or the H-1B guest workers. Moreover, employers almost never have to certify that no qualified U.S. workers are available before hiring an H-1B. Certification is nearly an automatic rubber stamp.

Congress needs to increase domestic worker safeguards, tell the Department of Labor to stop rubber stamping H-1B applications, and resist pressure from corporate lobbyists to double the annual H-1B visa limit.

Immediate Calls and Faxes Needed to Help Stop H-1B Increase
Posted Sunday Sept. 16, 2007

With press attention focusing on the Iraq and the illegal alien amnesty, some Senators are planning to sneak an H-1B cap increase into the defense appropriations bill this week.

This is a well planned attack. Earlier this month, 13 state governors sent a letter to Congress asking for more H-1B visas. Additionally, skilled immigrant groups are scheduled to march on Washington for more H-1Bs and green cards this week.

Take action on Sunday

Go to NumbersUSA.com and send these faxes:
# Tell Congress to resist H-1B increases
# Your governor is pushing for major H-1B increases

Take action on Monday

Telephone your Senator and make these points:

1.) Tell your Senator NO H-1B INCREASE. Tell him that the H-1B has hurt your professional career with stagnant wages, job-loss and under-employment.

2.) Ask your Senator if he or she remembers the "Jobless Recovery" that lasted until March 2004. That's just 3 years ago! The same companies that are now asking for more H-1B workers were laying off thousands then. Remind him that the Senate's huge H-1B increase in 2001 made a bad recession even worse. Let's not make the same mistake by increasing the H-1B count again.

3.) Warn your Senator that many economists now believe another recession is likely because of the mortgage crisis, and the job market may already be deteriorating. In August 2007 the economy lost 4,000 jobs, yet 160,000 new jobs each month are needed just to keep up with new entrants to the job market.

Facts about H1b Transfer

Daily, H1Hub.com receives several question regarding H1b Transfer. Here are the facts about the process:

A person with an H1b visa is allowed to change/ transfer jobs and one must inform the USCIS of such a change in one’s employment status.
You don’t need any permission from your current employer for H1b transfer and hence there is no requirement for an individual to inform his current employer if you are applying for the same
Your current employer cannot come to know of your H1b transfer through government agencies such as the USCIS, Dept. of Labor etc. but be wary of colleagues with whom you might have discussed your H1b transfer. They might accidentally mention it to you boss.
On obtaining the H1b transfer there is no time limit to join your new employer. The date of joining is entirely between you and your employer and you may work until the expiration date of your LCA.
There is no limit to the number of times you can apply for the H1b transfer.
One can apply for H1b transfer for multiple employers at the same time.
2-3 pay stubs from your previous employer are sufficient when applying for H1b transfer.
H1b status and H1b visa stamp are different from one another. While H1b visa stamp is used only to enter into United States, H1b status is required to work in US for petitioning employer.
If you have received H1b approval for new employer (or even receipt of H1b filing for new employer), you can work in US on H1b legally for new employer.
If you travel outside US, and your H1b visa stamp (even if from previous employer) is still not expired and valid, you can use that H1b visa stamp along with H1b petition from new employer to travel back into US. However, if your H1b visa stamp has expired (either from previous or current employer), you must get your H1b visa stamped in your passport before you can travel to United States again.
* After the approval of H1b transfer with a new employer, an individual can continue to work with the old employer if one changes one’s mind about the joining the new employer. One can continue working with current employer as if H1b transfer was never filed for.-



-compiled by ASS.CON.