Saturday 11 June 2011

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  • bfadlia
    02-21 12:31 PM
    your browser might be getting the old one from cashe





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  • USDream2Dust
    07-20 02:30 PM
    Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.





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  • chantu
    06-15 09:26 AM
    What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?





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  • rsdang
    11-21 05:27 PM
    abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.

    Take Care



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  • nhfirefighter13
    October 22nd, 2005, 08:00 PM
    I like the second shot a lot. Nicely done.


    I think the third shot needs to be closer. There's a little too much negative space around the arrangement. Just my 2 cents.

    The first shot....I'm not too sure about that one. Technically, it looks fine but it's not holding my attention.

    One thing I've noticed about studio product shots is that the most difficult part is finding the props to support the atmoshere of the photo...and then arranging them in a pleasant fashion. I've still got a lot to learn in that department.





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  • bmoni
    12-22 08:32 PM
    Have any one changed employer right after I-140 approval.

    Please post your experience



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  • raghureddy
    03-18 06:03 PM
    The reason they said was they are doing the back ground check on the company. But i am on the payroll from the same company since last 4years...





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  • ssnd03
    07-12 04:10 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

    It will not solve retrogression which is a bigger problem, but requires congressional action for number increases

    BTW my AOS is pending due to indefinite background check delay.



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  • Blog Feeds
    02-01 08:30 AM
    Summary

    (LINK TO FULL REPORT BELOW)


    Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.

    In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.



    Recommendations

    Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.

    Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252


    Matters for Congressional Consideration


    Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.

    Status: In process

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.

    Status: In process

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.

    Status: In process

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.

    Status: In process

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Recommendations for Executive Action


    Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.

    Agency Affected: Department of Homeland Security

    Status: In process

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.

    Agency Affected: Department of Homeland Security

    Status: In process

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.

    Agency Affected: Department of Labor

    Status: In process

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.

    Agency Affected: Department of Labor

    Status: In process

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.








    VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)



    More... (http://ashwinsharma.com/2011/01/25/h-1b-visa-program-reforms-are-needed-to-minimize-the-risks-and-costs-of-current-program.aspx?ref=rss)





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  • pritibshah
    06-24 11:50 PM
    My priority date is Aug 2007. And I have to submit my RFE by 7/19.

    Thanks



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  • pitha
    06-11 12:46 PM
    somebody please close this thread





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  • srikanthmavurapu
    08-16 03:25 PM
    which state your employer belongs to?

    its in Virginia



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  • desi3933
    07-19 11:35 AM
    Hello IV Members,

    I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.

    My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.

    Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.

    Thanks.

    You are ok.

    Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.

    And, Congratulations for your I-485 approval. Welcome to the GC club.



    ______________________
    Not a legal advice.





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  • ps57002
    01-30 04:49 PM
    oops wrong post



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  • panky72
    07-21 10:38 PM
    Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.

    I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
    http://www.pamf.org/patients/bcg_ppd.html





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  • gcdreamer05
    01-09 12:29 PM
    Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???

    And when we leave the country we surrender both the I-94s ???



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  • pappu
    02-18 10:20 AM
    The flyer created by NJ chapter has been uploaded in the resources section

    Flyer_2007 version (word file)

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=22&Itemid=36&mosmsg=Item+succesfully+saved.





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  • gc_kaavaali
    06-14 02:04 PM
    Do not worry too much if your sister is innocent. Tell your family and sisters also. Keep faith. Investigation will be honest. Nothing will impact (including GC) if your sister is innocent.


    Hi Friends,
    This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.

    Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.

    My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
    We know she is genuine and did not do anything but my question is any problem in green card process?.

    How to prove my sister is not commited such kind of activity. Please try to help me on this

    Thanks
    Ramkrishna





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  • snram4
    06-25 04:49 PM
    what you mean by qualified people? Are you expecting a dynamic person with master degree or above with more than 5 years
    but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
    position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
    many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that


    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.





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    02-15 03:44 PM
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    dentist1
    03-09 01:07 PM
    Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

    I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

    Now I need to know what are the things that I can do.
    1. Do I need to file PERM, I140 again on EB2?
    2. Do I need to file for H1 again and complete the entire process?
    3. What is and how to do EB3 to EB2 porting? is that all I need to do?

    Please give me some advice. Thanks in advance.

    KM

    What is so urgent about this post.Please change the title.



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