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Joel Stewart, a well-known immigration lawyer in Miami, sums it up quite well:

"When employers feel the need to legalize aliens, it may be due to a shortage of suitable U.S. workers, but even in a depressed economy, Employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply."

Entire article available here...
http://www.ilw.com/articles/2000,0424-Stewart.shtm

- sjl

----- Original Message ----- From: "Sales" <pgmr@xxxxxxxxxxxxxxx>
To: <midrange-jobs@xxxxxxxxxxxx>
Sent: Tuesday, January 30, 2007 9:46 PM
Subject: RE: Midrange Jobs National Discussion


*** Please pay close attention when replying to a message on this list!
*** If you want the reply to go to the list, use REPLY-TO-ALL
*** Recruiters may advertise only permanent employment positions in this list.


Fiction.
Originally, to fill an H1-B placement, the job had to be posted and
advertised for a "competitive" wage and when no American applicants were
found, the position could be filled by an H1-B. Any job may be filled by an
H1-B without regard to American applicants, nor the pay scale. The job must
not discriminate as any job posting may not, but we all know how they get
around this.

"This was the most qualified person we found."

As far as I know, there have only been 2 "administrative" penalties levied
against any company for H1-B hiring violations and neither amounted to a
week's pay at minimum wage.

John Brandt
iStudio400.com
MSSQL Access from iSeries


-----Original Message-----
From: midrange-jobs-bounces+pgmr=experts.tzo.com@xxxxxxxxxxxx
[mailto:midrange-jobs-bounces+pgmr=experts.tzo.com@xxxxxxxxxxxx] On Behalf
Of bazangare@xxxxxxx
Sent: Tuesday, January 30, 2007 8:41 PM
To: AlexMRPG@xxxxxxx; midrange-jobs@xxxxxxxxxxxx; tagrove@xxxxxxxxxxxxx;
WLorimer@xxxxxxxxxx
Subject: Re: Midrange Jobs National Discussion

*** Please pay close attention when replying to a message on this list!
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list.


Here's the way employers get around the H1-B requirements.

To be able for a job to be H1-b eligible it must be one that can't be filled
by an american worker.  The job is advertised for well below a rate that no
one will except, usually 1/3 to 1/2 of what it should pay.  Once the
employer can show that it couldn't be filled they can offer it to an H1
applicant with little to no experience and inferior skills.

Maybe big companies should outsource there upper management and executive
staff, that would save them a large chunk of money.

Basil Zangare


-----Original Message-----
From: AlexMRPG@xxxxxxx
To: midrange-jobs@xxxxxxxxxxxx; tagrove@xxxxxxxxxxxxx; WLorimer@xxxxxxxxxx
Sent: Tue, 30 Jan 2007 3:52 PM
Subject: Re: Midrange Jobs National Discussion


*** Please pay close attention when replying to a message on this list!
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*** Recruiters may advertise only permanent employment positions in this
list.


Underqualified is a relative term.
When a willing and talented Analyst gets replaced for a cheaper H1B
applicant
the day their visa gets approved as they employ as an intern while waiting
for
it is not only brazen and insulting it's a slap in the face to anyone who
endures it. This happened in 2000 by a small mom and pop shop in Queens. 6
years
going on 7 now I can't string 2 contracts together with 2 to 6 months of
down
time and I am looking for permanent work! I would love to learn EDI JDE or
the
other expensive 3 letter software packages but try to find free
documentation or
any without being extorted by the company who created it.




----- Original Message ----- From: William Lorimer<mailto:WLorimer@xxxxxxxxxx>
 To: midrange-jobs@xxxxxxxxxxxx<mailto:midrange-jobs@xxxxxxxxxxxx> ;
Timothy A.
Grove<mailto:tagrove@xxxxxxxxxxxxx>
 Sent: Tuesday, January 30, 2007 3:27 PM
 Subject: Re: Midrange Jobs National Discussion


 *** Please pay close attention when replying to a message on this list!
 *** If you want the reply to go to the list, use REPLY-TO-ALL
 *** Recruiters may advertise only permanent employment positions in this
list.


 I'm seeing the situation from a different angle. A customer of mine is in
 need of a strong RPG programmer with solid Gentran experience here in
 Chicago for perm employment and can't find anyone. I know EDI people don't
 grow on trees but, come on.
 Advertising on the major boards bring a wealth of underqualified
applicants
 who are aiming high and lots of calls from recruiters who pretend to have
 viable applicants just to get the listing.
 I have also seen a lot of very talented contractors run for the cover of
 permanent jobs to escape the ups and downs of the iSeries market.
 If anyone is interested in the Gentran position in suburban Chicago, feel
 free to contact me. Go Bears!

 Bill Lorimer
 630 546-1473
----- Original Message ----- From: "Timothy A. Grove"
<tagrove@xxxxxxxxxxxxx<mailto:tagrove@xxxxxxxxxxxxx>>
 To: <midrange-jobs@xxxxxxxxxxxx<mailto:midrange-jobs@xxxxxxxxxxxx>>
 Sent: Tuesday, January 30, 2007 2:12 PM
 Subject: RE: Midrange Jobs National Discussion


 *** Please pay close attention when replying to a message on this list!
 *** If you want the reply to go to the list, use REPLY-TO-ALL
 *** Recruiters may advertise only permanent employment positions in this
 list.


 This is one very true statement:

 You don't mention that you are looking for "cheap" staff - which is
 often one of the problems - so why are all the qualified people not
rushing
 after your vacancies?


 When out of work I was "Overqualified" for some
 positions that I looked at.  Translation: You
 have worked too many years to want to put up with
 the pitiful salary that we are offering for this job/contract.

 Overseas outsourcing for an extremely low wage
 here (but comparatively extravagant wage for
 India, for example) is making the realities this:

 Company says:  I advertised, but there were no
 American workers that I could hire, so I get to outsource it to India.

 Reality of situation: Programmer will not take
 $20/hour to work when they are contract employee
 and have to furnish their own travel and
 insurance.  Or, company offers the position to
 those with "2-5 years experience for permanent
 placement", knowinf full well that there ARE no
 AS400 people wil that range of skills.

 I'm trying to get a data backup business going,
 so that I'm not tied to programming fully.  AND
 I'm trying to learn .NET, so that I can get full
 or part-time work doing that when the bottom falls out from under the
AS400.

 At 02:43 PM 1/30/2007, you wrote:
 >*** Please pay close attention when replying to a message on this list!
 >*** If you want the reply to go to the list, use REPLY-TO-ALL
 >*** Recruiters may advertise only permanent employment positions in this
 list.
 >
 >
 >" Our experience within the last few years is that it is hard to find
 >seasoned ISeries people who can handle large systems and large scale
 >projects.  When we go looking, the prospects are slim."
 >
 >This to me is one of the great mysteries.  As has been apparent in these
 >threads, there are many System i folks out there who seem to be looking
for
 >work.  At the same time I constantly hear from customers that one of the
 >reasons they are considering moving off the box is a lack of qualified
 >staff.  You don't mention that you are looking for "cheap" staff - which
is
 >often one of the problems - so why are all the qualified people not
rushing
 >after your vacancies?
 >
 >Have you considered training folks with experience in other languages?
Or
 >perhaps even training people with aptitude and experience in your
industry
 >to program?
 >
 >As I noted in an earlier post - the staff shortage is one that System i
is
 >simply seeing before other platforms because as a community we are small
 >compared with Java etc. But I am convinced that outsourcing will be a
 >necessity before long because there simply aren't new kids entering the
 >field.  Comp-sci is passé - the kids aren't interested.
 >
 >Jon Paris
 >Partner400
 >
 >www.Partner400.com
 >
 >
 >
 >--
 >This is the Midrange Jobs: Postings & Discussion (MIDRANGE-JOBS) mailing
 list
 >To post a message email:
MIDRANGE-JOBS@xxxxxxxxxxxx<mailto:MIDRANGE-JOBS@xxxxxxxxxxxx>
 >To subscribe, unsubscribe, or change list options,
 >visit:
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ge.com/mailman/listinfo/midrange-jobs>
 >or email:
MIDRANGE-JOBS-request@xxxxxxxxxxxx<mailto:MIDRANGE-JOBS-request@xxxxxxxxxxxx
.


 Timothy A. Grove
 Home:   574-233-2893
 Cell:   574-286-5929
 mailto:tagrove@xxxxxxxxxxxxx<mailto:tagrove@xxxxxxxxxxxxx>
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