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Work Visa, H-1B also in a Slavery

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  • Retro-affect
    replied
    Sure, I will negotiate to get back the taxes I paid to be returned back to me

    Some of the statements given by Aliba clearly state that he is not aware of many immigration rules and procedures. All labor certifications are cleared by DOL after giving proof that there is no competing American worker for the skill set required. There is no question of substituting with a cheap labor, as the prevailing wage limit needs to be adhered to.

    The technology is changing so fast and every day one need to update them in IT industry. One who could not able to do so will soon be outdated. Though experience in this field is required, the required skill set is more important. This is how the capitalism works and there is no point in Aliba complaining about it.

    If the immigrants are not allowed in this country, the jobs will go to them Instead of some loosing the job, it will end up with the government loosing tax dollars too.

    Leave a comment:


  • AliBA
    replied
    By the way, many of us Americans have the funny little idea that our immigration policy is supposed to protect us from abuses such as those perpetrated by companies that want to bring in workers primarily because they're cheaper. That's what the whole DOL process is predicated on. I wonder...how eager would you be to work in the U.S. if the green card (a public benefit) weren't offered as part of the package? I bet you'd negotiate salary and benefits one hell of a lot harder.

    Leave a comment:


  • AliBA
    replied
    I'm not arguing that companies don't want professionals, what I question is how many of them they would actually "need" IF the employee were free from the start to change jobs. IF the employer actually had to prove that no workers, including older workers, were available. (Actually, employment discrimination on age is illegal, but companies can do it because it's hard to prove.) The green card acts as a subsidy allowing companies to pay less to many H1-Bs in salary, such as our OP, and more importantly to many companies, makes it tough for the worker to change jobs without losing his place in the queue.

    In other words, the "need" for professional workers is greatly inflated. The H1-B program also serves to deter American kids from entering these professions because they know that companies prefer cheaper H1-Bs and wages aren't rising to attract the kids. When recent immigrant entrepreneurs tell you that their kids won't go into these fields for that reason, as they did in a Washington Post article a few months ago, you have to wonder...

    Leave a comment:


  • marmaduk
    replied
    Phaendrus212,
    1) Absolutely.
    2) Agreed.
    My argument against the OP is on how he paint himself and equal himself to being a slave. The option is left open for him to leave if he doesn't like the way he's being treated right now, just like any other employee would. He made a conscious choice to stay instead.

    Aliba,
    There're hundreds of thousands of employment based greencard on the queue right now. I think that's proof enough that company considered the professional as an integral part of the company. Now granted, there're those who come or supplied by headhunters company and the company couldn't care less whether they stay or not once the 6yr term expires.
    I won't argue the fact that H1 are sometimes paid lower than their US equivalent (I don't want to even talk about L1, which I think is the real problem). But those who've gone across to the LC stage have to have salary that meet the Labor Dept criterias. If those are considered too low, then the problem lies within the Labor folks (yes, I do think their salary requirement are indeed low).
    IMO, the problem faced by your brother is similar to most problem faced by older worker. They earn/cost too much in the eye of the company and they can be replaced by cheaper/younger worker. Yet they're not old enough to retire so they're stuck in very unfavorable situation.

    Leave a comment:


  • AliBA
    replied
    I never for a moment suggested that all or even most H1-Bs are corrupt. They are simply looking out for their own interests under the laws as written. That those interests benefit their employers to the detriment of Americans is symptomatic of what we see going on with Enron, Jack Abramoff, Dubai Ports, the Iraq War, Katrina, and the current debate over legalizing illegal aliens. Special interests, especially businesses, lobby both parties for laws and activities which benefit THEM, while their businesses lay off middle class Americans and throw most of the tax burden on them. You'll note no mention in the current debate on "guest worker" programs about penalizing the employers who hired illegal aliens, now do you?

    Leave a comment:


  • AliBA
    replied
    No, H1-B does not REQUIRE that workers be paid the prevailing wage. It requires that employers ATTEST (that is, promise) that they are paying the prevailing wage, and it leaves it to the employer how it determines the prevailing wage. And of course, the presence of large numbers of H1-Bs in an industry helps to drive down the prevailing wage anyway. A stronger test ONLY kicks in if H1-Bs comprise more than 15 percent of a company's worldwide workforce, which eliminates most companies. Do you believe everything your employer tells you? No wonder they love H1-Bs! Nor does H1-B REQUIRE that Americans be given preference in hiring or layoffs. They don't even really need to show that they tried to hire Americans until they sponsor the employee for a green card, and then there are ways around it. A doctor on H1-B asked for help with this, and was told to have his company's lawyer advertise the position in a journal outside his specialty, that is, if the job's for a surgeon, advertise in a family practice journal. And we won't even get into the issue of fraud by both employers and employees, which the GAO has found common in both the H1-B and L-1 programs.

    Oh, yes--the fact that my brother (in his forties) was laid off, along with lots of other techies his age, shows that there is NO SHORTAGE of engineers and the like. What is shows is that companies prefer to hire younger or foreign workers who tend to be cheaper. That's what you all have to look forward to, and had better plan for. Start pinching your pennies now, because you may end up having to take an early retirement to your home country.

    Leave a comment:


  • AliBA
    replied
    Sure. Companies can sponsor you for a GC BEFORE you start work. That was the usual practice until employers found out that they could gain control over employees (and keep costs down) by using H1-B. If you're THAT valuable and unique, companies should be willing to do this.

    Leave a comment:


  • AliBA
    replied
    Marm, Please tell me--If H1-B's are such valuable employees, then why aren't companies pushing to bring them on green cards? Or even pushing to have the number of green cards and processing speeded up?

    Because what they are is cheaper labor. Cheaper because the employer has control over them by virtue of them wanting a green card, so like our OP, they don't push for raises, and they stay with the company through the GC process. It's also worth noting that Microsoft's Bill Gates has been pushing for unlimited H1-Bs, while salary increases at Microsoft are barely keeping pace with inflation. That's not what would happen IF there were truly a shortage of workers--salaries would be soaring.

    Leave a comment:


  • AliBA
    replied
    Cass, did anyone tell you I'm ARAB American, browner than my Hispanic sister-in-law? My dislike for the H1-B program is economic, pure and simple.

    My dislike for whiners who help to create the situation they're in through their own actions is personal, however.

    Leave a comment:


  • AliBA
    replied
    The H1-B route is NOT the route immigrants must take. It is the route they CHOOSE to take. Until the early 1990s, most employers sponsored employees for green cards in order to bring them to this country. Employees were free to look for other work immediately, if the terms of employment were not acceptable.

    As long as nonimmigrants are willing to take H1-Bs in the hope of getting a green card, they are indenturing THEMSELVES.

    Leave a comment:


  • AliBA
    replied
    Cass, as an H1-B, you are officially a nonimmigrant until such time as you get someone to sponsor you for a green card.

    You came to this board asking for sympathy because of a situation you put yourself in. But you have no understanding or interest in what you and other H1-Bs do to Americans, or even to green card holders. What do you think your employer will do to you, if you get your green card and get too expensive for him? He'll lay you off and hire another, cheaper H1-B. Probably make you train him, too, just as some companies have made Americans do to their H1-B replacements if they wanted a severance package.

    Leave a comment:


  • SunDevilUSA
    replied
    Cass: Actually, this is the country that belongs to Americans, not to immigrants. I understand that you're in America on an H1-B visa...and this means that you're NOT even an immigrant.

    Specifically, you're a non-immigrant...look on your visa and I'm confident that you will see those very words.

    I am sure that my friend AliBA will agree with me when I say that I resent your racist attitude...and your reckless throwing around of the "R" word.

    With all due respect, I have no idea what nationality and/or ethnicity you are...and, quite frankly, I don't care. It does seem to me, however, that you're lacking in self-confidence and have low self-esteem.

    It is quite pathetic that you whine and complain about the opportunity that America gave you to live and work in this country for a while. Personally, I hope that you never get to immigrate.

    Leave a comment:


  • cass
    replied
    Hey, man... Aliba, SunEvilUSA...

    This is the country of immigrant, but you all guys hate immigrants... you all hate everyone new. Tell me you hate them because they are mexicans. If they are Irish , Polish or other european, would you say something....Jesus!!!

    Leave a comment:


  • Retro-affect
    replied
    It is easier said than done. Many do not understand the problem and issues faced by the legal immigrants in this country. People like me who are legally present are here only because of the existing folks could not able to do the job. We do not like to have mercy, but would like to be treated with dignity.

    We legal immigrants are really unfortunate as we stuck between the broken immigration system and the undocumented workers, despite we pay taxes and contribute significantly to the community and the country.

    Last time when such an amnesty is created, we are the bunch who got affected by the huge retogression which is still hurting many, as those in the line are ***ped by them. It is still sad that either USCIS or DOL does not even have any clue on how many are in waiting line for each stage and have a proper reporting or prediction machanism.

    I hope at least the coming immigration reform bill (if at all it will become a legislative) will bring some relief to folks like us in near future. I also do not know why this is to be combined with the issues of undocumented workers and get buried underneath that.

    Those who suggesting such immigrants to go back the country of origin might as well read the book 'Flight Capital' by David Heenan.

    The restrictions brought by various measures already moved many jobs off-shore resulting in loss of tax dollars for the already suffering economy. People who are advising in such a manner are similar to that of people sitting inside the glass house and throwing stones outside foolishly.

    Leave a comment:


  • LieMaster
    replied
    I have not seen a single US flag during all those demostrations !

    Leave a comment:

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