Monday, June 27, 2011

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  • AirWaterandGC
    05-12 10:14 AM
    This is what I received :

    Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
    Your message was sent to:

    Senator Norm Coleman (R-MN)
    Senator Amy Klobuchar (D-MN)
    Representative Keith M. Ellison (D-MN 5th)




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  • wandmaker
    11-21 04:15 PM
    cool_guy_onnet1: I assume you have not applied AOS (485) for your wife. You will not be able to do it until the PD become current. You should maintain your H1 status, so find a new H1 sponsoring employer and transfer your H1. Do not use your EAD/AP, it will void your H1 status and you guys will have to stay apart.




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  • waitnwatch
    06-01 04:54 PM
    Just a thought. If wishes were horses......

    While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.

    A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.

    I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.

    (a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
    (b) Would you first see the current bill to the end and then consider other options only if it dies.




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  • bpratap
    01-26 09:35 PM
    I don't think all EB1's are PhD's. so if this bill is specifically for PhD's then its not gonna help EB categories.

    Many of the EB1's I know are some global managers (by document) from some outsourcing companies with the same Educational / technical skills as many of us in EB 2/ EB3. after coming in on L1A they juz directly file under Eb1.

    I am not trying to fire up an argument/fight. but juz the reality I know of.

    Hope this bill will include People who have an MS degree . it will help clear up EB2 queue and eventually spillover the excess numbers to EB3.



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  • raj3078
    02-09 09:53 AM
    I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights




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  • msyedy
    01-25 06:03 PM
    :D :D :D

    That's hilarious.

    But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.

    One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.

    Secondly, their content is becoming like a tabloid's content would be.

    I agree with you Logiclife.... When I call my parents in india, my father says
    you should be getting your greencard soon, bush is giving greencards to legals.

    Ab mai kya samjhaoon. Bush bhayya to sirf push ka naam lete hai magar
    dam hi nahee Push karne ka.

    Unko ab thode dinme gaddi se push kardiya jayega.



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  • Blog Feeds
    01-26 08:40 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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  • babuworld
    11-19 03:33 PM
    Gurus , I dont know if this question have been addressed before. I am currently on H1B and is valid still july 2009. But i dont have stamping on my passport. I am waiting for AP for my wife and myself. If we user AP to India Trip then

    1.Is my H1B still valid?
    2. What will be the status? My employer didnt apply for EAD at this movement.

    Thanks in advance for your suggestions.



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  • sayantan76
    04-21 02:15 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta
    depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.

    of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......

    Of course, this is not legal advice but only anecdotal experience




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  • Pagal
    07-20 08:27 AM
    Hello,

    IMHO, do not sacrifice the career (either yours or your wife's) for the sake of GC .... the amount of money and experience that you stand to lose by not progressing in the career is very difficult to recoup after you get your GC. In this economy, more experience you gather, better will be your chances of securing a higher position and income. I always chose career over GC ... which delayed my GC by about 5 years, but the extra income and experience have more than made up for it ...

    The good news is that you have an approved I-140, so you have a priority date that you can always use irrespective of type of application and/or sponsor (which means, you can file for a new I-140 based on your new job but with the old priority date). Do ask your new employer if they are open to file in EB-2 within one year of your employment based on your performance on the job.

    The fall back option in terms of your wife's career is dicey to count on in this economy, IMHO. Your H1-B is a better fallback option while your GC is pending....just my 2-cents! Good luck! :)



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  • dixie
    08-23 11:37 PM
    Recognize that there are many among us who have Phds from top 5 schools and are currently employed as professors and researchers. Many of them are in EB-2 and going through this same BS as you and me. If you feel so frustrated and betrayed, imagine what these professors and researchers must be going through. Life is never fair .. that is nature's way.

    Some people will inevitably get a GC on a platter .. whether that is by way of winning a diversity lottery, or family immigration or a fake marriage. No point wasting time in self-pity.


    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..




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  • STAmisha
    11-15 12:42 PM
    You dont need a new H1 to come back to USA from Canada.All you need it is a valid I-94 and I-797. Dont surrender the I-94 at the border. This rule is called automatic revalidation rule.



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  • redgreen
    10-08 06:26 PM
    Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.




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  • kumar1
    12-08 12:16 PM
    Do not come to software if you do not have a interest in it. This field has its own set of stress and problems. I know people who moved from manufacturing to software because of (a.) good money and (b) chance to see USA/Europe. They are the most frustrated guys around. After 2-3 rounds of lay off, they want to go back to their old job but after 5-6 years, they are not fit for their old job either.

    Last but not the least, I can not imagine someone making 200k and coming to forum with these set of questions.



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  • Rockford
    07-17 02:29 PM
    OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.

    Thanks, but keep moving.

    I have seen some credible comments in the past. You are right , Greg is looking to IV for updates on this , so I would not expect any authoritative news from him either. This comment seemed more real in the light of new AILA comments.

    BTW , I like your signature :)




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  • sobers
    06-02 10:40 AM
    you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.



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  • pdakwala
    03-01 08:04 PM
    Support IV now or else start packing bags. There are few things that you can do and that is not difficult.

    1. Become member of IV
    2. Support them by contributing money.
    3. Support them by taking part in conference call and meet the lawmakers.

    You can do it. By the way stop giving others BS that

    1. We are on H1B and so no one will hear us.
    2. Is it legal or illlegal to contributing money.

    These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.




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  • deeph
    07-21 04:12 PM
    IV should work closely with Senator Cornyn on this amendment. IV can contact him and talk about re-introducing the amendment and can coordinate w/ him in persuing other senators.

    IV should directly bring up issue w/ Senator Hiliary Clinton. She is getting lot of contribution from Indian community. Her action do not match her words of supporting our cause.

    IV should coordinate both and we can follow.




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  • GCBy3000
    09-20 08:52 AM
    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.




    bank_king2003
    04-21 11:29 AM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...




    gcformeornot
    05-15 08:36 AM
    who think if they close their eyes, their problems will go away....:D



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