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  • McLuvin
    03-12 01:55 PM
    finally the bulletin has been posted in the DOS website...

    Visa Bulletin for April 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4747.html)

    They have given a brief description about "BACKGROUND INFORMATION ON FREQUENTLY MISUNDERSTOOD POINTS"

    Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.

    Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.

    Applicability of Section 202(a)(5): INA Section 202(a)(5), added by the American Competitiveness in the 21st Century Act, removed the per-country limit on Employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more Employment-based preferences is less than the total of such numbers available. In recent years, the application of Section 202(a)(5) has allowed countries such as China � mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.

    Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.





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  • SSSarkar
    07-17 10:15 AM
    Well done.

    I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
    This is email that I sent..........

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

    Hi Roy,

    I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.

    The fax content is as follows

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.

    Sincerely, [Your Name Will Appear Here]

    My view on the above points.

    1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
    2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
    3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
    4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".

    Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.

    I certainly welcome yours and NumbersUSA perspective on this email.

    Both of us strive to make America more strong and competitive.

    Thanks,
    Satish

    "It is the theory that decides what we can observe."
    Albert Einstein





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  • swo
    08-15 08:14 PM
    It's very easy to forget that PDs can swing by YEARS at a time. (4 years in the case of the July Bulletin!) Things could easily swing back a year or two in only a month or two.

    You can predict to your hearts content but I wouldn't get too hinged on those predictions.

    Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.

    Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.

    The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.





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  • Libra
    06-13 09:56 AM
    not banning sub contracting H1b's but they should impose strict rules for companies that every dick and harry, whoever get GC, starts a company by sitting on the couch in his apt and do sub vendoring......these people are responsible for low pays. I am one of the victim of such companies and hate these kind of people, today they get GC tomorrow they start a desi consulting company.



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  • 485Mbe4001
    07-28 03:55 PM
    true to each his/her own, we can decide if we want to read the thread or not

    simple enough..in the same token..this could be a form of self expression too..

    http://outlookindia.com/full.asp?fodname=20080728&fname=email&sid=1


    http://outlookindia.com/full.asp?fodname=20080728&fname=ajai&sid=1



    I am reading about 16th century stuff here in this thread.

    Let us go back to 10,000 B.C or further back (ice age or if possible even before).

    Was there any gods (known to us) then (any religion for that matter)?

    Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.

    We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
    They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.

    Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.

    We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.





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  • paulinasmith
    08-08 08:50 AM
    If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?

    I agree that there is no direct route or path defined between H1B and green card. In my opinion one have to concentrate on making maximum money USD$.USD$ is the only thing thing country have left remaining with.There are other secure economies where you can invest maximum USD$ (from here) and get better return (better interest rates). Chasing American Dream should be now over after living in the dark harsh realities of US.Many indians are putting their savings in India...



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  • GCBy3000
    01-17 11:34 AM
    it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.

    /\/\/\/

    bumping up the thread since this is the most crtical thing for us to achieve at this time so that we can put more resources at work in the coming months. As everyone could see on this thread, only few members have signed up for recurring contributions. We sent emails to all 8000+ members and the emails are still bouncing. Members have put fake email addresses. Despite repeated requests members have not updated their profile. In future when we send out updates by email or phone, such members will not get any updates too.

    Since yesterday more than 2000 members have visited IV site and read this thread. We did not even get 1/100th of members signing up for this and contributing as little as $20.

    Is this your commitment to the cause?





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  • GCBy3000
    07-24 12:01 PM
    You signature with "Saved by IVs efforts" looks good. Could you update your signature with contributions also. Thanks.

    I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..



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  • nomi
    12-12 04:59 PM
    All of the documents in this link are written by
    "Micheal Aytes /s/,
    Acting Associate Director, Domestic Operations
    U.S. of Citizenship and Immigration Services
    Department of Homeland Security"

    I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.

    Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?


    what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.

    What do you guys think ??





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  • kumarc123
    03-12 10:43 AM
    $25 a month is reasonable. What people want it GC in $25 in less than 6 months. Somehow these same guys do not mind paying lawyers $700 for EAD filing which they could do themselves. In other words they trust lawyers who are clearly have a self interest in you not getting a GC but will not trust one of your kind because these guys think their crummy $25 is being flinched.

    At least the money is put to some use and results are tangible, how about the results in here?

    Refer to my posts.


    IV core needs to explain!



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  • paskal
    07-03 03:51 PM
    I did not read in detail this debate ..but I can say that many qualified and experienced people will not agree for the above ..esp if they have kids who go to school. for e.g. ..for me to do the above is not possible at all.
    at the maximum, youngsters will do this once ..to get some American experience.
    just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
    and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.



    nixstor,

    they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
    I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.

    albertpinto:
    it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.





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  • justAnotherFile
    12-30 07:18 PM
    ...
    Also posted on yahoo groups page.



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  • sparky_jones
    03-12 08:30 AM
    This once again proves that most of the popular immigration attorneys and other parties claiming to have "inside" information really don't have much more access to information than the rest of us.





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  • saggi13
    01-22 01:52 PM
    Its been 8 yrs, 2 recessions, 3 layoffs, marriage, baby, home, an expensive car, and lots of ego.

    And, I am still the same!!!!
    8 yrs of work, and i grow to become a PM (do my PMP and have a vision to become a program manager some day), and get an assignment at a very good financial firm and with a very good pay per hour as a contractor. I look at my life and go, now that i have what i want, i can go ahead and get more (i go back and think about how i initially came to the country with just 90$ in my pocket and on a H1). So, i start planning about buying a house.

    Dont buy a house!!!!!
    Parallelly, there is a discussion every where about housing bubble, and how good it is to buy a home now, and "now or never". While others at bay are pleading not to buy a home, because it is about to explode. The ego says, you are invincible. So go ahead. So I do.

    Ego!!!!
    I look at my 9 month old daughter and say, "she needs an own home and lots of place to run around and play", and not an silly apartment. Afterall, it is your daughter, genius! So, i bring all my money together, leaving almost nothing for reserves, thinking of the job i have and how good i am with the job, and finally purchase the home. Real estate agent milks me and I never see it coming though my wife suggests the same. Issues logistically at closing and some stress and all of it comes to a positive end in about 3 hours.

    Stroke!!!
    Finally I take the keys, I come home and put the keys in my daughters hands, and my new manager from work from last week calls. Phone is ringing. (The manager that brought me on board 2 months ago leaves the position, and i kept wondering why). I am smiling as i take the call thinking this guy is going to congratulate me, about the purchase of the home. But, 4 minutes later I am shaking and its sweat and i drop like a fly in the chair.

    Wife looks at me and says whats wrong? I tell her, I dont have a job any more, and it ends in 2 weeks. For 8 yrs, a number of times I did think about buying a home, and I have always kept away from it for the fear of losing the job, but now (well done EGO!), and I have a home. That too, it had to happen the same day that i closed on the home. I tell myself this is a long time coming.

    God!!!
    So, while being on bench and employer paying nada, I try to find jobs with all my previous managers, sr.vps, directors who I used to stick with, and nada...no one has a job for me. Start using credit cards and the little reserve for mortgage payments.

    Luck!!!
    2 months down the lane, the same manager calls and offers the same job, but with 15% rate cut. By this time, I am anout 7k in debt, and then have no choice but to accept the position.

    Intelligent!!!
    So, I start work with the same good financial firm again, thinking I will make the best out of the worst and will in no time succeed again (Ego). I am making about 1400$ less a month, but the spirit is high, as there is some income vs. none.

    Luck!!!
    4 months down the lane, debt goes to 10K as the money is insufficient, and the salary helps paying bills but not past debt. Then, it happens again. All news networks say that there will be mass layoffs in the next 3 years and could be upto many thousands.

    Am I one of them?
    So, i talk to my employer, previous managers, directors, sr.vps and every one else and I start looking around for a job again. One of my previous managers from the last place I worked at, says she has a gig, but as a tester. She knows I am looking for PM, but thats all she has. I worked for her as a project tech lead before.

    From PM to tester!!! From Devil to human!!!
    Have no choice and I am scared already. so, I put my ego aside, call my pride and take the job as a tester. Still making 1200 less from when i brought the home (been 9 months now), daughter is 18 months, still have the home and the car, but not the same person any more. Debt at 11K and waiting for tax returns to erase some of the debt, and request wife to start looking for jobs.

    Dont eat out, dont spend much, cook at home, cant think of fancy trips, but still have food to eat with hard earned money, and praying for all those who are

    not able to make ends meet.

    with all this going on for an year for now, I dont have time for GC any more.

    Do you?

    I still love my life whether depressed or surpressed - hahahahha!



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  • kiran24
    06-10 04:05 PM
    sent it.





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  • theperm
    03-15 05:44 PM
    i know ppl woth PD late Dec 2004 still waitng .
    please elaborate what ur trying to say ? or am I not catching on to something?
    -no offense.



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  • abhijitp
    03-17 12:28 PM
    Folks from North California... please volunteer to attend the Advocacy Days (all 4 days). Others in North California may be able to help you with airfare, etc. (Check the yahoogroup for more details)





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  • kutra
    03-04 07:29 AM
    I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
    http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome

    Exactly. An idea is like a spark, but you have to be mindful of what we are pledging. Can someone in one single sentence write down the intent of this poll? If I understand correctly, the idea is to alert the media/USCIS and let them know that hey if you give us GCs, we will buy a house!

    So far people have only voted that they will buy a house when their I-485 gets approved. Yes, but when? The next day, next year, 2010, 2015?

    singhsa3/abhijitp/etc. Just write down the idea in one sentence or at least very clearly what it is that we are saying we will do in return for a GC and by when will we deliver on our promise. And then if the idea seems doable or worth pursuing, all of us can support it.

    In all reality, this is a far-fetched idea which cannot be legally binding so it would be tough for USCIS to enforce it. Flower campaign worked because USCIS knew they had done something illegal. IV has a tough time getting people here to contribute in return for getting a GC and here we are promising USCIS that we will buy a house in return for a GC. Hmmm...





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  • pray
    08-18 08:56 AM
    Pray, just an fyi - what I meant as nonsense is "not we talking abt predicting priority dates"..but you saying EB2s are clever than EB3s. Do you have any idea of what you are saying? The very fact that you are not able to understand what we are discussing here shows how much clever you are..

    Alright retro I'm sorry I upset you so much,it was not a remark which was meant to be taken seriously.I know there is no difference in intelligence between the two.Hope you will get cheered now and maybe drop in for a beer sometime.And I hope you get you green card soon too.





    abstractvision
    03-19 01:15 PM
    Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??


    My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.

    In short, in my opinion..the answer is NO





    priderock
    04-10 04:12 PM
    How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.

    Applying your logic , you should get a job in your home country if you are smart enough.


    If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:

    1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.

    2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.

    If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.



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