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Old October 4th, 2018, 11:14 AM
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Exclamation Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Looks like dark days for H1B visa holders and computer coolie bodyshopping companies.

Quote:
Within the next three months, the Trump administration plans on submitting a rule banning certain spouses of H-1B visa holders from obtaining an H-4 visa to work in the United States.

In a Sept. 21 court filing, the Department of Homeland Security (DHS) clarified that timeline, pending final clearances and approvals by officials from DHS, U.S. Citizenship and Immigration Services (USCIS), and the White House Office of Management and Budget (OMB). “DHS is making solid and swift progress in proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization,” the filing reads; in theory, the timeline may extend further if OMB needs additional time to review.

The filing is the latest in a string of legal maneuvers stemming from a lawsuit filed by advocacy group Save Jobs USA, which has argued that DHS is taking far too long in rescinding the rule regarding spouses. (Save Jobs USA is composed of former tech employees who claim to have lost their jobs as a direct result of the H-1B visa.) Throughout 2018, DHS has filed several status reports, insisting that the case shouldn’t proceed because the rule is eventually going away, anyway.

The rule, issued in 2015, extends “eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status.” Reports indicate that as many as 125,000 people are authorized to work via the H-4 visa with an Employment Authorization Document (EAD).

News first emerged in December 2017 that the Trump administration planned to shut down H-4 EAD. At the time, DHS cited the “Buy American, Hire American” executive order that Trump had signed the previous April as the reason behind the movement.

Well before that movement began, Save Jobs USA had been asking for congressional intervention, arguing that the process of issuing the H-4 visa to spouses of H-1 visa holders should be reversed on the grounds that DHS didn’t have the authority to issue such visas in the first place. Save Jobs USA filed its first lawsuit over the issue in April 2015, and the legal battle continues to this day.

For those who feel that H-4 visas potentially take jobs from tech workers who are U.S. citizens, the latest announcement of a shutdown should come as good news. It remains to be seen whether tech companies will push back; they might save their political capital to fight against new, proposed restrictions on H-1B visas.

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Old October 4th, 2018, 02:17 PM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Same thing is being replayed every 3 months. Whats new in this news? Isn’t it same update all over again? Next time uscis chief sneezes h4 ead, ndtv will use it as a click bait and rest will follow suit.

Btw, Gults are misusing this spouse work auth like anything.. and some morons even doing walmart hourly jobs using this work auth.. if i were an American I’d be against this too.. every gult placed his wife using this h4 ead .. copied his resume’, changed the name to wife’s and gave it to desi recruiter to market it.. then got a job via proxy interview on phone, paid 1000 bucks for it .. supported wife’s technical work for few months.. income doubled in 6 months.

Last edited by sarv_shaktimaan; October 4th, 2018 at 04:34 PM.
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Old October 5th, 2018, 09:21 AM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Quote:
Originally Posted by sarv_shaktimaan View Post
...
Btw, Gults are misusing this spouse work auth like anything.. and some morons even doing walmart hourly jobs using this work auth.. if i were an American I’d be against this too.. every gult placed his wife using this h4 ead .. copied his resume’, changed the name to wife’s and gave it to desi recruiter to market it.. then got a job via proxy interview on phone, paid 1000 bucks for it .. supported wife’s technical work for few months.. income doubled in 6 months.

What an idea, sirji Saala ye gult logon ka khopadi kis cheez ki bani hai Hum ko tho soojta bhi nahi aisa... but then, hum tho tehre bihari bhaiya... hum kaisan soche aisan
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Old October 5th, 2018, 09:55 AM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Quote:
Originally Posted by sarv_shaktimaan View Post
Same thing is being replayed every 3 months. Whats new in this news? Isn’t it same update all over again? Next time uscis chief sneezes h4 ead, ndtv will use it as a click bait and rest will follow suit.

Btw, Gults are misusing this spouse work auth like anything.. and some morons even doing walmart hourly jobs using this work auth.. if i were an American I’d be against this too.. every gult placed his wife using this h4 ead .. copied his resume’, changed the name to wife’s and gave it to desi recruiter to market it.. then got a job via proxy interview on phone, paid 1000 bucks for it .. supported wife’s technical work for few months.. income doubled in 6 months.
I know and am acutely aware of this as I live in Silicon Valley. These days most clients demand a webex or skype video interview for this very reason

But its true, EAD is being abused in most cases.
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Old October 8th, 2018, 06:37 AM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

What is the purpose of EAD - if it authorises Employment, whats the problem with getting employed at walmart? :S
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Old October 8th, 2018, 09:31 AM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

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Old October 8th, 2018, 09:33 AM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Quote:
Originally Posted by sarv_shaktimaan View Post
Same thing is being replayed every 3 months. Whats new in this news? Isn’t it same update all over again? Next time uscis chief sneezes h4 ead, ndtv will use it as a click bait and rest will follow suit.

Btw, Gults are misusing this spouse work auth like anything.. and some morons even doing walmart hourly jobs using this work auth.. if i were an American I’d be against this too.. every gult placed his wife using this h4 ead .. copied his resume’, changed the name to wife’s and gave it to desi recruiter to market it.. then got a job via proxy interview on phone, paid 1000 bucks for it .. supported wife’s technical work for few months.. income doubled in 6 months.
why are u worried about gult wife's getting jobs??? Is this a case of sour grapes??? Are u feeling bad bcos you could not do the same???
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Old October 8th, 2018, 09:47 AM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Quote:
Originally Posted by echarcha View Post
I know and am acutely aware of this as I live in Silicon Valley. These days most clients demand a webex or skype video interview for this very reason

But its true, EAD is being abused in most cases.
I am talking of specific abuse where candidate A answers telephonic round and candidate B shows up for the contract role. In contract role, the interview rounds are less and usually the implementation partner at a client puts a candidate in the contract at the client. So client does not really get into it.


Quote:
Originally Posted by kkkk View Post
What is the purpose of EAD - if it authorises Employment, whats the problem with getting employed at walmart? :S
No issues if you work at whatever company in whatever role.
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Old October 8th, 2018, 11:35 AM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Quote:
Originally Posted by BABU_HYDERABADI View Post
why are u worried about gult wife's getting jobs??? Is this a case of sour grapes??? Are u feeling bad bcos you could not do the same???
We didn't have to fake nor take undue advantage of the system.. this is the reason of backlash on all Indians. I've been to many after work happy hours.. Americans do discuss about fake folks, some make fun, some express anger.

Also, the inundation of fake resume's and wives taking up jobs.. the billing rates are dropping drastically, it also affects approvals of H-1Bs.
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Old October 8th, 2018, 11:41 AM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

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Originally Posted by kkkk View Post
What is the purpose of EAD - if it authorises Employment, whats the problem with getting employed at walmart? :S
An Engineer/MBA taking up Walmart hourly job.. what purpose does it serve? You don't even make enough to put your kid in day care.

For this reason alone, the EAD form asks for employer and salary details when you apply for extension. Gives USCIS the ability to data mine easily, they come to conclusion these mofos taking hourly jobs just to get some extra cash.. not here to get a Green Card .. which was America's way of attracting best talent.
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Old October 8th, 2018, 01:31 PM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Quote:
Originally Posted by sarv_shaktimaan View Post
An Engineer/MBA taking up Walmart hourly job.. what purpose does it serve? You don't even make enough to put your kid in day care.

For this reason alone, the EAD form asks for employer and salary details when you apply for extension. Gives USCIS the ability to data mine easily, they come to conclusion these mofos taking hourly jobs just to get some extra cash.. not here to get a Green Card .. which was America's way of attracting best talent.
The candidate on H1 got his I-140 only then his/her spouse gets EAD. If the candidate was not interested din GC, why the hell did he get his I-140 processed. I think even a walmart job serves the purpose of integrating the person in to the life in US.
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Old October 8th, 2018, 01:32 PM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

Quote:
Originally Posted by sarv_shaktimaan View Post
We didn't have to fake nor take undue advantage of the system.. this is the reason of backlash on all Indians. I've been to many after work happy hours.. Americans do discuss about fake folks, some make fun, some express anger.

Also, the inundation of fake resume's and wives taking up jobs.. the billing rates are dropping drastically, it also affects approvals of H-1Bs.
Don't tell me that none of the Non-gults MS students are getting jobs without faking their resumes.
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Old October 8th, 2018, 02:00 PM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

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Originally Posted by BABU_HYDERABADI View Post
Don't tell me that none of the Non-gults MS students are getting jobs without faking their resumes.
Is why they are being denied H-1Bs.. A valid question being asked is .. in what way does having no previous work experience qualify you in a specialty occupation visa?

Of course, the ones who do have relevant prior experience can claim having enhanced knowledge in their field of work..

I personally know a handful of OPT students (all happened to be gults) who got their H-1B applications picked in H-1B lottery and subsequently denied after a series of RFEs ..

Only recently, USCIS did rescind their ruling that OPT students placed at 3rd party locations were deemed to be violating the provisions of "Optional Practical Training" .. being deployed to a client site was not going to provide any training.. rather it's only about minting money, which leads to exploitation by Consulting companies (Most owned by Gults, who are the original proponents of fake resume' employment).

Last edited by sarv_shaktimaan; October 8th, 2018 at 02:07 PM.
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Old October 8th, 2018, 02:06 PM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

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Originally Posted by BABU_HYDERABADI View Post
If the candidate was not interested din GC, why the hell did he get his I-140 processed. I think even a walmart job serves the purpose of integrating the person in to the life in US.
Most folks know them being interested in GC has not much do with I-140 being processed.. it's going to be an unimaginably long wait anyway, requiring perhaps 10-15 renewals, these days some are getting 6 months extension (having spent 2K themselves and employer spending 4-6K easy in attorney and application fees, super low RoI).. I-140 is just to extend your stay in US. Anybody thinking otherwise and having applied since 2011 or so, is only fooling themselves.. at least in EB category other than EB-1.

An hourly Walmart job is setting your targets low.. but that's my opinion.
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Old October 8th, 2018, 04:50 PM
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Re: Work Ban on Some H-4 Visa Holders Could Arrive in 3 Months

People may disagree but I think the next President in 2020 will be same as the current one. He is focused on Buy American Hire American just like our Modi is on Make in India. Do not just read California, New York and Seattle news papers and think that Tump will not win. Middle America and rest of the states are all for him. He reopened coal mines and so many other industries were freed from regulations. So people have jobs and they are happy with him. But we are not here to discuss President Trump and his election chances in 2020

Since Tump is opposed to the H1B, the H1B rules will become so damn strict that getting it will be a miracle and then thinking of green card too. Recently I came across a guy who had a 9 month H1B! Yes, 9 moths only stamped on his passport? Why? It seems now the client has to provide a letter stating duration of project and the H1B is granted only for that duration.

So those who are in the GC process have some hope that they will reach I485 stage at some point in time, but those coming fresh on H1B can kiss their GC dreams good bye.

As for abuse by Desi Computer Coolie companies - Oh there are a lot than just fake resumes. Many of these go in and undercut the market rate drastically for sake of business. They will quote 30 to 40 percent lower.

Many locals lose out to such rates and get pissed off. They then write to their Congressmen and Senators. So this has been happening for a long time and finally President Trump took notice and found it to be a good point for his campaign. So he calls H1B visa as a fraud visa.

You may or may not agree with Trump on politics, but he is in charge now and he is all set to screw H1Bs. He is also trying to undo all 'executive orders' put forth by Obama. And mind you, thie H4 EAD was one such executive order. So no wonder Trump is after cancelling this policy.

Now when any agency contacts me, they begrudgingly admit that yes they are being pushed by clients for lower rates but they cannot provide candidates as the GC and USC candidates are no longer willing to work for peanuts that their former 'coolie' companies used to offer.
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