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  • aarzoo
    01-18 08:40 AM
    Is the employer violating H1B requirements?? I understand legally H1B fees is the responsibility of the employer.




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  • r2i2009
    05-18 01:59 PM
    Bullcrap....EB3 will become "U" in next one.

    Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.




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  • fuzzy logic
    07-01 12:47 PM
    I am in the same situation currently.

    My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.

    They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).

    Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?

    I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.

    I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!




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  • needhelp!
    03-24 12:43 PM
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  • maag
    09-27 10:56 AM
    I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.




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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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  • kaisersose
    06-02 01:32 PM
    Isnt all that in picture only when you are travelling outside ?

    Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.




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  • ahaadi
    01-08 01:47 PM
    I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.



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  • GCD
    07-27 08:37 PM
    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
    I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
    Please reply. Thanks a lot.




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  • Sunx_2004
    05-14 04:42 PM
    I was under impression that there is last quarter quota still remain...
    Based on below they used it all...
    :confused:

    I am sure this is noticed by many :

    "E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "



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  • Rockford
    07-17 02:47 PM
    --
    I couldn't help post a reply. I was trying not to add to the buzy server traffic.

    Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.

    Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.


    You are so blind with your belief that some thing positive will come out that you cant see what is happening. I have made it very clear that it was a comment in my post, and can't you see the link.

    How stupid are you ? Why can't you just let it go if you don't like it ?




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  • aquarianf
    07-19 08:45 AM
    my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com

    wonder why different attorneys have different requirements


    Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.



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  • maine_gc
    04-20 04:02 PM
    I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.

    So what does the gurus suggest?




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  • 53885
    05-12 01:02 PM
    Sent to 40 media orgs in Nevada.



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  • Pagal
    09-27 12:04 PM
    Hello,

    I think you are fine to do day trading on any visa type.

    Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.

    If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.

    In summary, good luck w day trading! Do donate part of the profits to IV... :)




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  • gcformeornot
    04-07 01:27 PM
    In very basic terms.

    If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.

    Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....

    Mind you this is all relates to pre July 2007.



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  • DesiGuy
    08-17 10:01 AM
    hi guys,

    my first post at IV.

    I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.

    So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)

    Here's another forum which i used and is VERY useful if anyone wants to move.

    http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80

    From my OWN experience:

    The PROS

    - Simple straight forward process :)
    - definate timeline on residence permit/permanent residency/citizenship
    - spouse gets same level of rights i.e.wife can work & study with any probs
    - family eligible for NHS (even if u dont have a job)
    - 1 month leave is standard; worst employers give only 4 weeks :p
    - kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
    - trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
    - excellent public transport system
    - India is only 8 hrs flight and timezone difference only 5 hrs.
    - get to watch and 'play' cricket
    - my british friends love "curry" and eat more 'spicier' then mine
    - having a pint during lunch is 'normal'

    The CONS:
    - VERY expensive place; u make and u spend, have fun but not much savings
    - JOB market is LOUSY - not easy to get a job
    - Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
    - smaller houses, cars, roads, etc
    - no real burgers or tacos
    - after some time u start missing USA

    Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)

    Cheers




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  • Lucky7
    12-04 09:22 PM
    [QUOTE=GCwaitforever]That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".

    I think you hit the nail on the head GC,even though i get paid very nicely i honestly feel like a slave every single day for the past 6 yrs.
    The last job i had to turn down was with a fortune 100 company and would have got to work on retrofit work on the Petronas Towers,every Architects dream, but had to turn it down because i cant travel till i get my GC cleared.
    As far as a lawsuit i think if DOL does not clear all cases by end of 2007 all people affected should donate $300 towards a class action lawsuit,people who can afford more should donate more obviously,and even if it does not achieve much at least it would get pulblic attention.




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  • seahawks
    09-07 01:40 PM
    emailed my details for lobby day.




    coolngood4u80
    01-26 12:59 PM
    Guys Be proud that even Andhra is part of India and they are Indians too!!! Thanks for sharing this news ...just chillout we don't need to argue for everything




    deepakjain
    01-08 09:44 AM
    Interview date 9th dec 2009
    Submitted all documents 10th dec 2009 as mentioned below:-

    1) Petitioner's Federal Income Tax returns
    2) Petitioner's state unemployment wage reports for last 4 quarters.
    3) Letter from end client in US on letterhead indicating your services are expected.
    4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
    5) Copy of contract between petitioner and contracting company with detailed job itinerary.

    Till date I together with my employer have written 6 emails but there is no response.
    I personally visited mumbai Consulate information center but they did't ave me any answer.


    Can anyone please tell me how long this whole process will take?

    Is there any chance that such case goes into endless loop?

    My house and all belongings are in U.S. and I am clueless as what to do


    I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.

    Regards,
    Deepak



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