my boyfriend got laid off and may lose his work visa .

[Anonymous]

Anonymous wrote:

Anonymous wrote:Immigrants in the hi tech sector are creating hundreds of thousands of jobs a year:
Some 40% of Fortune 500 firms were founded by immigrants or their children. So were the firms behind seven of the ten most valuable brands in the world. Although the foreign-born are only an eighth of America’s population, a quarter of high-tech start-ups have an immigrant founders.

There's a big difference between an immigrant moving here to start a business (and create jobs) and someone being used as a pawn in a labor cost reduction system, which is what the H1B program has become.

Originally, the H1B program was to bring in talent that could not reasonably be found domestically, so companies are forced to bring talent in. Today, the overwhelming majority of H1B hires are doing jobs for which many local workers are available.

The solution is to put a minimum salary requirement for all H1B hires. If you really can't find someone locally to do the job, clearly you are in need of a highly specialized talent for which a $150k+ salary should be a small price to pay. This would keep H1B hires back to their original purpose: to hire highly specialized talent that cannot be found locally.

No. You are confused about the purpose of the program. H1B holders were never meant to plug the skill gap by demonstrating the sort of skills that cannot be found domestically. This standard applies if, and only if, the company is sponsoring a foreign national for a green card. All that a company is required to demonstrate to hire an H1B is that the job requires at least a bachelor's degree. There are no requirements in the program to demonstrate that the employee cannot be found locally.

[Anonymous]

Anonymous wrote:My boyfriend of 10 months recently got laid off.
This is very complicated due to the fact that he's on an H1 visa and it will expire in September. He's been working for the same company for 6 years. He's already applied for his green card ,but apparently needs his company needs to sponsor him for 3 more years. They had agreed to do that but now everything changes since he's being laid off. He doesn't have a lot of time to figure this out as it takes many months to get this sort of thing approved .

There's little I can do about it, aside from helping him edit his resume and baking him brownies. I can't predict what the future holds, but I am trying to think positively.

I'm so sad about this: (

Do you mind posting his skill set? Which programming languages, platforms, domains, etc?

We are hiring in NJ. Who knows? It may work out.

[Anonymous]

Anonymous wrote:

Anonymous wrote:My boyfriend of 10 months recently got laid off.
This is very complicated due to the fact that he's on an H1 visa and it will expire in September. He's been working for the same company for 6 years. He's already applied for his green card ,but apparently needs his company needs to sponsor him for 3 more years. They had agreed to do that but now everything changes since he's being laid off. He doesn't have a lot of time to figure this out as it takes many months to get this sort of thing approved .

There's little I can do about it, aside from helping him edit his resume and baking him brownies. I can't predict what the future holds, but I am trying to think positively.

I'm so sad about this: (

Do you mind posting his skill set? Which programming languages, platforms, domains, etc?

We are hiring in NJ. Who knows? It may work out.[/quote

op here: he's been working as a system engineer at Verizon.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Immigrants in the hi tech sector are creating hundreds of thousands of jobs a year:
Some 40% of Fortune 500 firms were founded by immigrants or their children. So were the firms behind seven of the ten most valuable brands in the world. Although the foreign-born are only an eighth of America’s population, a quarter of high-tech start-ups have an immigrant founders.

There's a big difference between an immigrant moving here to start a business (and create jobs) and someone being used as a pawn in a labor cost reduction system, which is what the H1B program has become.

Originally, the H1B program was to bring in talent that could not reasonably be found domestically, so companies are forced to bring talent in. Today, the overwhelming majority of H1B hires are doing jobs for which many local workers are available.

The solution is to put a minimum salary requirement for all H1B hires. If you really can't find someone locally to do the job, clearly you are in need of a highly specialized talent for which a $150k+ salary should be a small price to pay. This would keep H1B hires back to their original purpose: to hire highly specialized talent that cannot be found locally.

Run for president, please!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My boyfriend of 10 months recently got laid off.
This is very complicated due to the fact that he's on an H1 visa and it will expire in September. He's been working for the same company for 6 years. He's already applied for his green card ,but apparently needs his company needs to sponsor him for 3 more years. They had agreed to do that but now everything changes since he's being laid off. He doesn't have a lot of time to figure this out as it takes many months to get this sort of thing approved .

There's little I can do about it, aside from helping him edit his resume and baking him brownies. I can't predict what the future holds, but I am trying to think positively.

I'm so sad about this: (

Do you mind posting his skill set? Which programming languages, platforms, domains, etc?

We are hiring in NJ. Who knows? It may work out.[/quote

op here: he's been working as a system engineer at Verizon.

OK. But that is too little info me to be able to help.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm sorry but coming here on a work visa was never a guarantee of permanent permission to live here.
I don't understand the people to choose to come here on a visa and then make such a fuss about having to leave when they are laid off. Yeah - being laid off sucks but he should have clearly known and weighed the consequences before he chose to move her.

you're disgusting

Why is PP disgusting? PP is correct, even if you don't like it.

There is also a possibility that you will be hit by a bus tomorrow. And since you knew that when you chose to walk out the door, if it happens you and your partner shouldn't make a fuss either.

Quite a comparison LOL Yes, it is okay to hope to stay. There is no guaranteed provision, so it's best to look both ways before crossing the street. Because fussing about it after the fact is kida pointless.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My boyfriend of 10 months recently got laid off.
This is very complicated due to the fact that he's on an H1 visa and it will expire in September. He's been working for the same company for 6 years. He's already applied for his green card ,but apparently needs his company needs to sponsor him for 3 more years. They had agreed to do that but now everything changes since he's being laid off. He doesn't have a lot of time to figure this out as it takes many months to get this sort of thing approved .

There's little I can do about it, aside from helping him edit his resume and baking him brownies. I can't predict what the future holds, but I am trying to think positively.

I'm so sad about this: (

Do you mind posting his skill set? Which programming languages, platforms, domains, etc?

We are hiring in NJ. Who knows? It may work out.[/quote

op here: he's been working as a system engineer at Verizon.

OK. But that is too little info me to be able to help.

He's trying to stay in the area. Thanks anyway!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Immigrants in the hi tech sector are creating hundreds of thousands of jobs a year:
Some 40% of Fortune 500 firms were founded by immigrants or their children. So were the firms behind seven of the ten most valuable brands in the world. Although the foreign-born are only an eighth of America’s population, a quarter of high-tech start-ups have an immigrant founders.

There's a big difference between an immigrant moving here to start a business (and create jobs) and someone being used as a pawn in a labor cost reduction system, which is what the H1B program has become.

Originally, the H1B program was to bring in talent that could not reasonably be found domestically, so companies are forced to bring talent in. Today, the overwhelming majority of H1B hires are doing jobs for which many local workers are available.

The solution is to put a minimum salary requirement for all H1B hires. If you really can't find someone locally to do the job, clearly you are in need of a highly specialized talent for which a $150k+ salary should be a small price to pay. This would keep H1B hires back to their original purpose: to hire highly specialized talent that cannot be found locally.

Run for president, please!

Again, you are presenting your wishful thinking about what H1B should be (according to you), rather than what it is. H1B is not, and has never been about bringing in highly specialized talent for which no local options exist. There isn't, and there has never been any requirements for the employer in this program to demonstrate that no local candidates can be hired for this job. All the employer is required to demonstrate is that the job requires, at a minimum, a bachelor's degree. Employers are not required to demonstrate that specialized skills are required beyond a bachelor's degree.

The requirement to prove that no local options exist applies only in cases of green card sponsorship/labor certification. This does not apply to H1B and never has.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Where is he from?

Do not marry him so he can stay in the country. A friend of mine did this at 23 and she wound up being stuck in an unhappy marriage for fifteen years.

Why did she stay with him? My sister was in a similar position as the OP. She married her boyfriend as an arrangement. They broke up after a year or so, but stayed legally married until he got his citizenship. They remain good friends and he is now getting married for real.

Just because you "marry" someone so they can stay doesn't mean you have to stay married to your boyfriend forever.

It's also against the law, moron.

Yes, this is immigration marriage fraud. Not only can the boyfriend/husband be deported and not only lose his current visa, but he can be barred from getting another visa in the future. Additionally, the anchor spouse can also be charged with fraud and fined and/or jailed. In many cases, the immigrants are barred from entering the US permanently even if they subsequently meet a US citizen abroad and marry them with good intentions.

Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both (I.N.A. § 275(c); 8 U.S.C. § 1325(c)).

And lest you think that they don't prosecute small timers, they do, just with lower penalties. Policing marriage and immigration fraud is a major effort by DHS.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Immigrants in the hi tech sector are creating hundreds of thousands of jobs a year:
Some 40% of Fortune 500 firms were founded by immigrants or their children. So were the firms behind seven of the ten most valuable brands in the world. Although the foreign-born are only an eighth of America’s population, a quarter of high-tech start-ups have an immigrant founders.

There's a big difference between an immigrant moving here to start a business (and create jobs) and someone being used as a pawn in a labor cost reduction system, which is what the H1B program has become.

Originally, the H1B program was to bring in talent that could not reasonably be found domestically, so companies are forced to bring talent in. Today, the overwhelming majority of H1B hires are doing jobs for which many local workers are available.

The solution is to put a minimum salary requirement for all H1B hires. If you really can't find someone locally to do the job, clearly you are in need of a highly specialized talent for which a $150k+ salary should be a small price to pay. This would keep H1B hires back to their original purpose: to hire highly specialized talent that cannot be found locally.

Run for president, please!

Again, you are presenting your wishful thinking about what H1B should be (according to you), rather than what it is. H1B is not, and has never been about bringing in highly specialized talent for which no local options exist. There isn't, and there has never been any requirements for the employer in this program to demonstrate that no local candidates can be hired for this job. All the employer is required to demonstrate is that the job requires, at a minimum, a bachelor's degree. Employers are not required to demonstrate that specialized skills are required beyond a bachelor's degree.

The requirement to prove that no local options exist applies only in cases of green card sponsorship/labor certification. This does not apply to H1B and never has.

The H1B program is for "specialty occupations." A guy doing general IT or entry-level development work for $50-90k should not be considered "specialty" work in modern times.

If there is truly a niche problem that only a guy from Bangalore can solve, then I'm fine with bringing him over -- provided he is paid extremely well for his "special" talents. I would think that a special talent should be paid a minimum of $150k. Otherwise, he's obviously not that special.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm sorry this is happening to your boyfriend. Unless you were already considering it, please don't up and marry him just to get him to stay though.

+1
I don't know what field he works in, but maybe contact a headhunter who specializes in placing people with visas.

He works in IT.

and he is one of the 500,000 Guest workers that are hired as indentured servants for large corporations by Hexaware, Tata, Infosys, Brillio, take your pick, all Indian firms dedicated to providing jobs for Indians to US companies

and because they are in situations exactly like your boyfriend, they cannot move jobs, they cannot get promoted, they have to work weekends and late, for cheap salary, with the hope that someday they get the prize.

complete opposite of freedom and capitalism. another type of government handout to special interests.

There are plenty of jobs in India with a growing economy and India has a very open culture. They have plenty of companies that will give jobs to foreigners.

I don't know about all of that. He's making 90k /year and has a normal work schedule.

why doesn't he get a job where his family lives? what pushes him to want to leave his family and home??

Do you still live in a house you were born in?

live in the same area and pay taxes to the same governments, most people do.

there has to be a reason someone leaves their family and home?

[Anonymous]

Anonymous wrote:
The H1B program is for "specialty occupations." A guy doing general IT or entry-level development work for $50-90k should not be considered "specialty" work in modern times.

If there is truly a niche problem that only a guy from Bangalore can solve, then I'm fine with bringing him over -- provided he is paid extremely well for his "special" talents. I would think that a special talent should be paid a minimum of $150k. Otherwise, he's obviously not that special.

You don't get to decide what the meaning of "specialty" should be. The immigration laws of this country define specialty education as one for which a bachelor's degree is required. If H1B was designed to serve the purpose you claim, the law would ask the employer to demonstrate that no U.S. candidates are available for the position. And it doesn't. All it asks is that a position requires a bachelor's degree. I get that you think it ought not be that way. The law disagrees with you. You are advancing an argument that this program is designed for X, and the laws around it give you zero foundation to support your point of view. This is directly from USCIS:

http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupation/understanding-h-1b-requirements
Requirement 2 - Your job must qualify as a specialty occupation by meeting one of the following criteria:

A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;
The employer normally requires a degree or its equivalent for the position; or
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

As you can see, USCIS does not define "specialty" occupation as "something so special and unique that only seven people in the Solar System are fit for the job". It defines "specialty" occupation as "something for which a bachelor's degree is required." You want to argue semantics? Call them.

[Anonymous]

Anonymous wrote:
live in the same area and pay taxes to the same governments, most people do.

there has to be a reason someone leaves their family and home?

Actually, most people don't.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Immigrants in the hi tech sector are creating hundreds of thousands of jobs a year:
Some 40% of Fortune 500 firms were founded by immigrants or their children. So were the firms behind seven of the ten most valuable brands in the world. Although the foreign-born are only an eighth of America’s population, a quarter of high-tech start-ups have an immigrant founders.

There's a big difference between an immigrant moving here to start a business (and create jobs) and someone being used as a pawn in a labor cost reduction system, which is what the H1B program has become.

Originally, the H1B program was to bring in talent that could not reasonably be found domestically, so companies are forced to bring talent in. Today, the overwhelming majority of H1B hires are doing jobs for which many local workers are available.

The solution is to put a minimum salary requirement for all H1B hires. If you really can't find someone locally to do the job, clearly you are in need of a highly specialized talent for which a $150k+ salary should be a small price to pay. This would keep H1B hires back to their original purpose: to hire highly specialized talent that cannot be found locally.

Run for president, please!

Again, you are presenting your wishful thinking about what H1B should be (according to you), rather than what it is. H1B is not, and has never been about bringing in highly specialized talent for which no local options exist. There isn't, and there has never been any requirements for the employer in this program to demonstrate that no local candidates can be hired for this job. All the employer is required to demonstrate is that the job requires, at a minimum, a bachelor's degree. Employers are not required to demonstrate that specialized skills are required beyond a bachelor's degree.

The requirement to prove that no local options exist applies only in cases of green card sponsorship/labor certification. This does not apply to H1B and never has.

The H1B program is for "specialty occupations." A guy doing general IT or entry-level development work for $50-90k should not be considered "specialty" work in modern times.

If there is truly a niche problem that only a guy from Bangalore can solve, then I'm fine with bringing him over -- provided he is paid extremely well for his "special" talents. I would think that a special talent should be paid a minimum of $150k. Otherwise, he's obviously not that special.

They used to hand out H1B visas left and right for nurses from overseas, particularly the Philipines to fill spots when there was a nursing shortage. which hasn't existed in many years. Nurses are certainly not specialty occupations

[Anonymous]

IBM has been conducting layoffs , almost 10,000 this year. see http://spectrum.ieee.org/view-from-the-valley/at-work/tech-careers/which-ibm-layoff-numbers-add-up

Yes somehow they need almost 6000 H1Bs because they cannot find american workers?

U.S. Sen. Chuck Grassley is requesting details from IBM regarding the company's use of guest workers from foreign countries, emphasizing that this information is particularly important at a time when layoffs of American workers are ongoing.

In a correspondence dated April 16, Grassley asked IBM Chairwoman, President and CEO Virginia Rometty for an explanation of IBM's apparent plans to "hire thousands of H-1B visa holders." Grassley's concern arose when IBM petitioned for 5,800 H-1B visas on April 1.

"It has come to my attention that IBM will be laying off employees in the United States this year while at the same time apparently seeking to hire thousands of H-1B visa holders," the letter states.

http://www.thonline.com/news/tri-state/article_bcac72fb-60c3-529e-878a-082c3fd0310b.html