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  #1  
Old January 2nd, 2018, 10:39 AM
HarHarMahaDev HarHarMahaDev is offline
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Post Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

The proposal, being circulated in internal memos in the DHS department, aims to impose new restrictions to prevent abuse and misuse of H-1B visas.



In what could worry thousands of Indian professionals working in the United States, the Department of Homeland Security is considering a proposal that would prevent the extension of H-1B visa, McClatchy’s DC Bureau reported. This could directly impact those working in US from keeping their visas while their green card applications stand pending. The proposal is being seen as an extension of President Donald Trump’s “Buy American, Hire American” initiative.

The proposal, being circulated in internal memos in the DHS department, aims to impose new restrictions to prevent abuse and misuse of H-1B visas. It also intends to end the provision of granting extension for those who already have a green card. The proposal also includes strengthening the definition of visa-dependent companies in terms of minimum salary and movement of talent in order to restrict the number of people coming to the US to work. Earlier, the Trump administration had also announced plans to revoke work eligibility for spouses of H-1B holders.

http://indianexpress.com/article/ind...dians-5008498/
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  #2  
Old January 2nd, 2018, 11:00 AM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

I am sure all the talented people out there will have opportunities wherever they go

This is not end of the road unless one desperately wants to work only in US
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  #3  
Old January 2nd, 2018, 11:04 AM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

Nothing much will happen.. Trump cannot force hundreds of thousands to be impacted. This will force even more outsourcing by corporates who care more about profits than national interest. He's just gave away some free money in form of tax rebates so he's acting on work visas to compensate. But the impact will be ginormous if he does go ahead with it.. Housing sector, jobs, etc lot of things will go haywire.

Most people in queue for GC (more than 2-3M) have houses (at least a million), they will want to sell immediately and get back decent money.. the housing market will crash and so will the economy.
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Old January 3rd, 2018, 09:25 AM
HarHarMahaDev HarHarMahaDev is offline
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

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Originally Posted by sarv_shaktimaan View Post
Nothing much will happen.. Trump cannot force hundreds of thousands to be impacted. This will force even more outsourcing by corporates who care more about profits than national interest. He's just gave away some free money in form of tax rebates so he's acting on work visas to compensate. But the impact will be ginormous if he does go ahead with it.. Housing sector, jobs, etc lot of things will go haywire.

Most people in queue for GC (more than 2-3M) have houses (at least a million), they will want to sell immediately and get back decent money.. the housing market will crash and so will the economy.
It's already happening. H1B extensions are getting rejected left and right. People who have houses are going to get hit hard.

I spoke to some contacts at some large desi companies and they are all in a state of panic. They have been given marching orders to hire locally before the current batch of h1bs come up for extensions.
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  #5  
Old January 3rd, 2018, 09:42 AM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

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Originally Posted by HarHarMahaDev View Post
It's already happening. H1B extensions are getting rejected left and right. People who have houses are going to get hit hard.

I spoke to some contacts at some large desi companies and they are all in a state of panic. They have been given marching orders to hire locally before the current batch of h1bs come up for extensions.
Only wage level 1 (entry level; since H-1B is a specialty occupation visa) and people not able to meet requirement of job are being rejected or being asked to provide evidence in support of application.

Following people in my observation got rejected:

1. recently completed Masters from US
2. Nursing degree or Pharma or some other degree which is non-STEM and working in IT

These got RFE (Request for evidence) notice:

1. Holding non-IT/Computer Engineering degree (like Chemical, Electrical, etc). Basically, asked to prove how degree relates to computer science. Some people were able to establish enough computer knowledge and experience to qualify.

The direction is to re-check before granting extension, as if they were applying for the first time.

No need to panic for people having more than 6-8 years of work experience in USA.
------------------------------------------------------------
Coming to the proposal no extension beyond 6-years.

1. Stupid India media jumped on a proposal, which to come to effect requires rule-making and law-making, this will take years.

Reason:



LINK

Last edited by sarv_shaktimaan; January 3rd, 2018 at 12:07 PM.
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  #6  
Old January 3rd, 2018, 12:06 PM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

Legislative Barriers Likely Prevent Trump from Eliminating AC21 H1B Extensions

Quote:
03 Jan 2018

In recent days, news of a potential change in policy related to the American Competitiveness in the Twenty First Century Act (AC21) has begun to spread throughout the legal and immigrant communities. Sources claim that the Trump Administration is considering regulatory changes to the policy regarding H1B extensions beyond the standard 6-year maximum. There certainly are changes to the AC21 regulations that could be made. But, without Congressional approval, the plain language of the statute makes it unlikely that the Administration could completely eliminate the ability of H1B workers to extend status beyond six years.

Two Potential Grounds for H1B Extensions Under AC21
AC21 provides two means by which an H1B worker may extend status beyond six years. First, under AC21 section 104(c), an individual may be granted an extension of status in three-year increments based on an approved immigrant petition for alien worker (form I-140) with a non-current priority date. Second, pursuant to AC21 section 106(b), an H1B worker is eligible for an extension of H1B status in one-year increments beyond the six-year maximum, based on a labor certification or I-140 petition filed at least 365 days prior.

Importantly, the statutory language for 104(c) uses the word “may,” providing the U.S. Citizenship and Immigration Services (USCIS) with some discretion as to whether to approve such a request. Historically, the USCIS has not exercised its discretion to deny H1B extensions filed under 104(c). The Trump Administration, however, potentially could reverse this trend and stop issuing these three-year H1B extensions. Even then, however, the exercise of discretion by an administrative agency generally requires the use of some objective parameters; blanket denials by the Trump Administration could be challenged in court, particularly given that USCIS policy has been to consistently approve these extensions for more than 17 years.

The Trump Administration likely has far less leeway under 106(b). This AC21 provision states that the government “shall” issue one-year H1B extensions. Therefore, unlike the three-year extension, there is no room for discretion on the part of the government. Further, this immigration benefit continues to apply “… until such time as a final decision is made on the alien’s lawful permanent residence.” Unless the INA is amended by Congress, any attempt by the Administration to alter this provision undoubtedly would result in a rash of federal lawsuits.

Conclusion
While it is troubling that the Administration continues to push for ways to make life more difficult for foreign nationals working in the United States, this nation’s separation of powers helps to check the President’s power to do so. It should also be noted that this supposed attempt to reinterpret AC21 comes from an unconfirmed media report. As of yet, no official statement has been made by the USCIS on this topic, and no formal action has been taken. As soon as any new information becomes available, the details will be posted on MurthyDotCom. Subscribe to the MurthyBulletin for future updates.

Source: Murthy.com
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  #7  
Old January 3rd, 2018, 12:27 PM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

simple. come to Canada.
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  #8  
Old January 3rd, 2018, 01:11 PM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

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simple. come to Canada.
That is already happening.
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  #9  
Old January 3rd, 2018, 03:16 PM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

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simple. come to Canada.
Verry few IT jobs in Canada..
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  #10  
Old January 4th, 2018, 10:09 PM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

Nothing will happen but a lot of folks who come here and join colleges like these and then work in odd jobs under student visa and finally get a H1B will be affected.
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Old January 5th, 2018, 07:23 AM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

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Nothing will happen but a lot of folks who come here and join colleges like these and then work in odd jobs under student visa and finally get a H1B will be affected.
True. I know of a few ppl who have signed up for online courses with Univ of Phoenix or bullshit universities like University of Cumberland to get EADs. But I wouldn't count on it being a big safety net either.

If the DOJ wants to screw people, it will screw people. It is going to be hard to outsmart them at their game.
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Old January 6th, 2018, 10:15 AM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

The problem with the H1B - and mind you I had come here on H1B - these days is that lot of unscrupulous companies have abused it no end.

Imagine someone from a non-metro place from India is given a chance to come to the USA. Such a person wont mind working for below US market rate. He/She does not know that the job they are doing is worth, say $75 per hour. Their visa sponsors charge the client the real rate like $100 but pay only $45 or $50 at most.

Sometimes, the Indian companies will undercut the other local companies and bid for a lower rate as they know that their H1B 'slaves' will work for anything they say.

This has led to many jobs being lost to H1B 'slave' candidates.


On the other side, the immigration process in the USA is a mess. Not because there isn't a defined procedure for visas like Green card, etc. But because the long delays in the process which really create unnecessary anguish and worries for the applicants and the uncertainty which affects jobs.

The whole H1B extension process used to be simpler before, but then they introduced many new regulations and it did benefit some (H4B Spouse EAD) etc but then again, the long delays totally defeat the purpose of this immigration process.

I feel the US should have a system like some other countries where there is clarity about total time required for any type of immigrant visa, and a skill and experience based system to qualify.
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Old January 6th, 2018, 10:22 AM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

Everyone back home talks of the big names like TCS, Infosys etc and sing songs about how great they are.

Do you know how these companies operate in the Bay Area? You may not believe but I can tell you with specifics how TCS and Infosys operate.


These two are 'implementation partners' with many big and medium sized companies. This means they are the single or one of the 'consulting' company for these big clients.

Now these implementation partners then go on job sites like dice.com and contact H1B candidates who are working for smaller companies here and also for those 'in limbo' candidates who have a EAD (Employment Authorization Document) card.

Well, so far so good.

The problem is that these big Indian star companies offer rates just like they do to their own slaves! I would not have known these details had I not entertained a 'Hello I am Steve calling' from an Indian call center offering me such an 'opportunity' ... These companies prey on the limbo that the H1B and EAD folks are.

Also these companies 'pioneered' the abuse of non-immigrant visa like the B1/B2 visitor visa for work purposes. They used to get people here for 3 to 4 month 'assignments' on B1 and then pay them a 'per diem' for living here and continue paying them a paltry salary back in India.

In fact these companies pioneered what is called as 'blended rate'. In such an arrangement, there is a team of 3 or 4 people on-site for 3 month intervals and there is a larger team back in India. And blended rate means, they charge almost the same for all members of the team including those on-site. Only the project coordinator is charged for higher than others.
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Last edited by echarcha; January 6th, 2018 at 10:25 AM.
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Old January 6th, 2018, 10:23 AM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

Quote:
Originally Posted by echarcha View Post
The problem with the H1B - and mind you I had come here on H1B - these days is that lot of unscrupulous companies have abused it no end.

Imagine someone from a non-metro place from India is given a chance to come to the USA. Such a person wont mind working for below US market rate. He/She does not know that the job they are doing is worth, say $75 per hour. Their visa sponsors charge the client the real rate like $100 but pay only $45 or $50 at most.

Sometimes, the Indian companies will undercut the other local companies and bid for a lower rate as they know that their H1B 'slaves' will work for anything they say.

This has led to many jobs being lost to H1B 'slave' candidates.


On the other side, the immigration process in the USA is a mess. Not because there isn't a defined procedure for visas like Green card, etc. But because the long delays in the process which really create unnecessary anguish and worries for the applicants and the uncertainty which affects jobs.

The whole H1B extension process used to be simpler before, but then they introduced many new regulations and it did benefit some (H4B Spouse EAD) etc but then again, the long delays totally defeat the purpose of this immigration process.

I feel the US should have a system like some other countries where there is clarity about total time required for any type of immigrant visa, and a skill and experience based system to qualify.
yes it has become extremely messy to have h-1b employees.. LCA's, Amendments, fee hikes and other crappy regulations have made it very difficult to run a business on the H-1b model.. I think pure play staff augmentation is the way to go in a Managed Service Provider - Vendor Management System model.. No headaches and overheads.
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Old January 6th, 2018, 10:00 PM
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Re: Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

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yes it has become extremely messy to have h-1b employees.. LCA's, Amendments, fee hikes and other crappy regulations have made it very difficult to run a business on the H-1b model.. I think pure play staff augmentation is the way to go in a Managed Service Provider - Vendor Management System model.. No headaches and overheads.
Lot of people had asked me to invest in Infosys and TCS. Maybe I was stupid or am stupid still, but all these gloried body shoppers have no other line of revenue apart from body shopping.
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