USA: H-1B visa-holders being deported from port of landing!
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Posted on: 28-01-10 13:00:46
Quote:
Originally posted by ILOVENA
I understand that the deportation of H1 B holders from the port of entry, is being done on a technicality - that these persons did not land at the place where the project is to be undertaken. These rules came into place on 8th Jan and the first batch of these visa holders numbering 8 or 10, were deported on 11th Jan.
Now it is difficult to judge, where the fault lies - or does it lie on both sides?
As far as the INS or the immigration officials are concerned - that may be a case of someone who is overzealous. It may be also that the unfettered authority of these officials is coming to play.
The other possibility - this might sound like a conspiracy theory............ Are they telling Indian H1B holders that they are not welcome here - especially because the US is still coming out of the recession? Are they signaling the beginning of protectionism in the US? It may be true that there is a little of everything.
On the other hand, far too much wrong doing has been done by Indian companies who send H1B holders to the US. It is possible that this is not limited to India alone - but that is something I would not know, and can not comment about.
In the past, unqualified, under-qualified, and shady characters who have never even gone to a school for computing, came to the US using fake education and experience credentials. Then there were companies who underpaid employees, and even sometimes did not pay these employees for months on end - simply because they were at the mercy of the \"consulting company\". The list of wrongdoings on both sides is rather long.
I know of a couple that is on an H1B visa - this couple has recently got permanent residency in Canada. What happens when their project ends in the US? Do they come to Canada? NO!! They plan to be there - the employer has made monthly deductions and will continue to pay their payroll tax, as if they were still employed. on a project. How he would do that, is a trade secret.
Legally, they would be required to leave the US, once the project is over. However, this couple will continue to stay there, until they find another project with the same consulting company, or till their money runs out - whichever is earlier.
So our people are great at finding a solution to beat the law. The game of cat and mouse between the H1B holders and the INS goes on. There are clearly winners and losers on both sides...........
I guess you did not read the article before dispensing sermons. It clearly says that INS officer actively sought Indians and deported. Nowhere it says that their credentials were in doubt. Just used an excuse to deport.
Nightmare - when I said something about credentials in doubt, it was about something that happened in the past - before the era of outsourcing.
In the past, before there was something called outsourcing, (Pre- 2000), H1B holders were indeed, at the mercy of the consulting companies - they could not have gone back to India or Bangalore because there were not many companies in India that hired software professionals then.
It is possible that Indian h1B holders are being targeted - you are right about it. The INS states that merely holding a visa does not guarantee entry into the US - whatever that means!!
Quote:
Originally posted by Nightmare
Quote:
Originally posted by ILOVENA
I understand that the deportation of H1 B holders from the port of entry, is being done on a technicality - that these persons did not land at the place where the project is to be undertaken. These rules came into place on 8th Jan and the first batch of these visa holders numbering 8 or 10, were deported on 11th Jan.
Now it is difficult to judge, where the fault lies - or does it lie on both sides?
As far as the INS or the immigration officials are concerned - that may be a case of someone who is overzealous. It may be also that the unfettered authority of these officials is coming to play.
The other possibility - this might sound like a conspiracy theory............ Are they telling Indian H1B holders that they are not welcome here - especially because the US is still coming out of the recession? Are they signaling the beginning of protectionism in the US? It may be true that there is a little of everything.
On the other hand, far too much wrong doing has been done by Indian companies who send H1B holders to the US. It is possible that this is not limited to India alone - but that is something I would not know, and can not comment about.
In the past, unqualified, under-qualified, and shady characters who have never even gone to a school for computing, came to the US using fake education and experience credentials. Then there were companies who underpaid employees, and even sometimes did not pay these employees for months on end - simply because they were at the mercy of the \"consulting company\". The list of wrongdoings on both sides is rather long.
I know of a couple that is on an H1B visa - this couple has recently got permanent residency in Canada. What happens when their project ends in the US? Do they come to Canada? NO!! They plan to be there - the employer has made monthly deductions and will continue to pay their payroll tax, as if they were still employed. on a project. How he would do that, is a trade secret.
Legally, they would be required to leave the US, once the project is over. However, this couple will continue to stay there, until they find another project with the same consulting company, or till their money runs out - whichever is earlier.
So our people are great at finding a solution to beat the law. The game of cat and mouse between the H1B holders and the INS goes on. There are clearly winners and losers on both sides...........
I guess you did not read the article before dispensing sermons. It clearly says that INS officer actively sought Indians and deported. Nowhere it says that their credentials were in doubt. Just used an excuse to deport.
from a work perspective, not a huge loss for the individuals as there are plenty of opportunities elsewhere now
Quote:
Originally posted by ILOVENA
Nightmare - when I said something about credentials in doubt, it was about something that happened in the past - before the era of outsourcing.
In the past, before there was something called outsourcing, (Pre- 2000), H1B holders were indeed, at the mercy of the consulting companies - they could not have gone back to India or Bangalore because there were not many companies in India that hired software professionals then.
It is possible that Indian h1B holders are being targeted - you are right about it. The INS states that merely holding a visa does not guarantee entry into the US - whatever that means!!
So why are you living in pre-2000 times ? Now the same professionals can return the fire at the US officers as most of the work is done in Bangalore anyway.
ILOVENA - You nailed it correctly explaining both sides of issues but however in this case i agree with what "Nightmare" has said. They have actively sought just Indians while they are still waiting for their turn in the line. These particular officers no doubt has some hidden agenda in only singling out indians & leaving rest of the people from other countries. No wonder US is no longer a dream land & people wanted to move out. The new memo released created lot of confusion in immigration circles but these over zealous officers in newark airport took advantage of this confused memo & showed their true colors. The problem was they had forced these individuals to sign the deported documents & that could lead a ban for atleast 5 years for no wrong doing at all. There are so many hardworking individuals who have invested lot of money, pay taxes regularly & contributed to sunken economy. Scoial security tax is a big joke where they collect so much of money from these H1B's but everyone knows that they are not getting a penny back when they dont get a green card. Imagine you have a H1B Visa, you have a job, you are paying taxes all these years, you dont have criminal record but still you are not sure wheather you will be let into the country or deported at POE while Illegals are freely hanging around the streets of home depot & Uhaul centers without any problem.
OK dan - this post like the ones in the past was not for the ones who already know. If I write or wrote about pre 2000 events, it was for those who are not abreast of the happenings then.
Then again, it is not a question of whether the work can be done in India. If it is a case of treatment - it appears that they were NOT treated fairly. If you read my post, it is balanced and objective.
On second thought, if someone says that these professionals who were turned away, had NOTHING TO LOSE, then there is nothing to debates, except perhaps....... were these individuals treated fairly or not.
Quote:
Originally posted by ILOVENA
OK dan - this post like the ones in the past was not for the ones who already know. If I write or wrote about pre 2000 events, it was for those who are not abreast of the happenings then.
Then again, it is not a question of whether the work can be done in India. If it is a case of treatment - it appears that they were NOT treated fairly. If you read my post, it is balanced and objective.
On second thought, if someone says that these professionals who were turned away, had NOTHING TO LOSE, then there is nothing to debates, except perhaps....... were these individuals treated fairly or not.
I see your point that is why I said strictly from a 'work perspective' the individuals do not lose much. Of course they were treated badly and that should be taken up. There should be a debate on that one.
Most people are aware of the happenings to be honest. Nobody is at the mercy of these consulting companies it is only because they chose to for salary reasons.
