Thread: Mexico processing fraudulent H1-B visas

Originally Posted by Richard

The United States government consular office processed the visa not a shady outfit. This use of an American Consulate describes a standard practice. The interesting violation by the Indian here is of the Mexican immigration law. A holder of an American drivers license can get a tourist visa very easily. The majority of the drivers license holders are American. The Mexican was procesed as though he were an American citizen by the Mexican authorities.

I believe the H-4 is for a non working dependent. There is a high degree of likleyhood that his wife is holding a job here.

Thank you for that explanation. I am not attempting to accuse someone of engaging in fraud who has not in fact engaged in fraud. It just seemed from reading the various articles concerning visas and Indians traveling to Mexico to do certain things that 'something' was not being done in a completely legal way. Lindiloo very incorrectly stated that no one would be interested in the truth. Wrong! Wrong! Wrong! I keep trying to find the truth and all I get is a bunch of confusing terminology from law firm sites that keep saying they will find 'loopholes' to help the H1-B applicant find a way to get a job which throws a productive American out of work and hands his job over to a foreigner. At one time it was considered illegal for a hiring manager to use the H1-B for this intent. Now it seems that because of changes to our government it is not only completely legal but now the Federal government actually encourages American corporations to fire citizens as quickly as they can and replace them with foreigners. All I want to know is how this process evolved so that someone working in the US as an H1-B had to go to Mexico to get another visa! Please, I am a simple minded person and I am not that bright, so please use simple terminology to explain what is going on.

Does the person who has an H1-B have to leave the US even though it has been renewed by the USCIS? Why is that? (don't make any assumptions about why I need to know. I just want to know in a simple explanation. Please.) Hundreds of thousands of Americans who were doing good work got thrown out of their jobs and all of sudden we are told that law firms armed with an alphabet soup of weird little 'exemptions' and 'I' this and 'I' that get to keep their foreign tech worker jobs even though an American who was doing it has now probably lost his job, his house, his car and everything!!!

All I want to know is the truth! Why can't I get it?

Originally Posted by millere

Originally Posted by Richard

[size=7]

Does the person who has an H1-B have to leave the US even though it has been renewed by the USCIS? Why is that? (don't make any assumptions about why I need to know. I just want to know in a simple explanation. Please.) Hundreds of thousands of Americans who were doing good work got thrown out of their jobs and all of sudden we are told that law firms armed with an alphabet soup of weird little 'exemptions' and 'I' this and 'I' that get to keep their foreign tech worker jobs even though an American who was doing it has now probably lost his job, his house, his car and everything!!!

All I want to know is the truth! Why can't I get it?

Immigration raises people's ire so the truth can of course get lost in various agenda's.

However, your question was that why can't the visa be issued inside the US even though the extension was approved here. The reason, I believe, is that the Department of Homeland security were not equipped to screen such applications and that only consulates were now in a position to fulfill the required checks necessary in these instances. It would seem logical for that to be other way around but is not the case. If a legal visa holder extends their visa and chooses not to leave the US for the duration of their approval they are fine since they have a dated approval notice.

I absolutely agree that the system is open to abuse and for sure there are people who are ready to monopolize for their own gains.

I apologise for my comment regarding the truth but when the current legislation that is being opposed (i.e. the recapture of green cards or permanent resident visas) continues to say this will mean importing new immigrants I get annoyed since these will be given to people who are already in the US waiting patiently for up to a decade to get their green cards due to inefficiencies in USCIS processing procedures. This is a case of misrepresentation.

Originally Posted by lindiloo

In order to travel and then return to the United States, for example if you leave the US for a vacation you have to have a valid visa in your passport. It is NOT possible to get this done within the United States, dating back about five or six years now.

Thank you. I am sorry if I got angry about this. It has been very frustrating to find out why these things are going on. When it looked like someone had to get something done at a consulate in Mexico because the US does not do it, it seemed very strange.

Originally Posted by lindiloo

I hope this is clear now. I appreciate your wish to know the truth and of course you are right some H1B's are used incorrectly, however, there are many of them I am certain are being applied for by legitimate employers who do employ people who fit a role that is difficult to fill.

Unfortunately, in my experience in the tech field the H1-B visa has been used overwhelmingly for foreign computer workers who come into the US and replace American computer who were already productive at their jobs. The foreign computer workers, most coming from India, some from China and Russia, had to be trained by American computer employees in a job replacement process known as 'knowledge transfer'. At first it was a direct violation of the H1-B visa program to do this, but now I see that the government has changed their mind about how the program is administered and it is now used specifically to throw skilled Americans out work. I am sure that there are alot of H1-Bs who followed the original intent of the program, but in my exposure to this program, this has not been the case.

Originally Posted by lindiloo

You might want to find out how easy L visas are to come by who are the other largest employment based visa group in the US system. This particular visa category gets very little scrutiny and for them to apply for a green card does not require labor certification which the H's have to go through.

I have heard about this also. I have also heard that an Indian company, Tata Consulting Services, is now using the L visa in the Detroit area because they may be having, as you said, an easier time of getting foreign computer workers into the US using this method.

The level of anger in the general population over 'foreign temporary worker' programs is starting to rise. Just getting a 'good handle' on what is going on has proven to be very frustrating process.

Originally Posted by lindiloo

It would seem logical for that to be other way around but is not the case. If a legal visa holder extends their visa and chooses not to leave the US for the duration of their approval they are fine since they have a dated approval notice.

I absolutely agree that the system is open to abuse and for sure there are people who are ready to monopolize for their own gains.

I apologise for my comment regarding the truth but when the current legislation that is being opposed (i.e. the recapture of green cards or permanent resident visas) continues to say this will mean importing new immigrants I get annoyed since these will be given to people who are already in the US waiting patiently for up to a decade to get their green cards due to inefficiencies in USCIS processing procedures. This is a case of misrepresentation.

But do you realize that nobody in the general population in the US gets to hear anything about why these things go on in the first place? No newspaper articles, no TV news shows, no magazines, nothing! I understand your position on the green card recapture but unfortunately it is going to open up a whole other issue that you are going to have to understand if you want to realize why things are going to get out of hand in this country if there is not immediate change as to how things are being done. In the case of the green card recapture, you are right, there have been a large number of persons, the majority of them, who have followed the law and deserve to have what they have worked for. It is not fair that everything in our government seems "failure prone" right now, and a large part is certainly due to Bush's failure as a president, but that does not describe the entire range of opinions concerning the visa recapture. While there is a need to treat foreigners fairly who waited impatiently for our laws to work, the green card recapture issue is causing people to question why there is no way to remove foreigners who were here to replace Americans who were already productive at their jobs. People are not using discussion of this issue because they have 'other agendas', no, they want to know if any of the foreigners who became eligible for these green cards came in to replace American workers. If that is true, you may be perfectly right in saying that a law abiding foreign worker has rights to the expedite the green card process, but this is not how Americans are going to see it. If a worker was induced to come here and work as a foreign H1-B because a loophole allowed an employer to replace an American worker with a foreigner for less money, American citizens are going to say that this individual should not be eligible to work in this country, because that was not the original intent of the foreign worker visa process. That is why there is starting to appear alot of anger over the green card recapture process. It may not sound fair to you, but it is causing anger out of a sense of injustice, not because of some 'hidden agenda' against foreigners.

I wish there was a better way than the horrible mess our government has become but you have got to understand that American citizens are fed up and can't take anymore of this. You are going to find more and more "simple minded" Americans who just want to know what is going on. They are NOT going to be satisfied with an "alphabet soup" coming out of a lawyer's mouth.

Originally Posted by lindiloo

Immigration raises people's ire so the truth can of course get lost in various agenda's.

I live in Detroit and the unemployment here just gets worse and worse. We have many qualified Americans who were working in IT and got fired because cheaper replacements were bought in from India. If you have a hard time understanding just how great this anger is starting to become, you should look at this video of how Detroit looks now. These are not just 'bad parts' but a fair representation of how most of the city in the city limits now looks. And now our politicians are trying to get more Americans fired through importing more foreign workers:

http://www.youtube.com/watch?v=T6WKMNmFsxM

Every state needs to be required by ICE to E-Verify all immigrants.

end SEGREGATION - That is what American Schools have taught via our government purposes. Americans have been dumbed down to accept the invasion of immigrants. But have Third World Countries ended SEGREGATION?

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
REQUIRE THE GOVERNMENT TO E -VERIFY ALL I-9S GETTING HIRED BY NC EMPLOYERS VIA THE NC STATE UNEMPLOYMENT OFFICES.

NC STATE UNEMPLOYMENT OFFICES ONLY E-VERIFIES I-9S OF AGRICULTURAL IMMIGRANTS.

Please go and read my information about I-9s at post:
http://www.alipac.us/ftopicp-769349.html#769349