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  • ds37
    06-12 10:33 AM
    Why before October?

    Because Mahatma Gandhi was born on october.:):)


    His 6years end in oct 2010.


    ds




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  • brb2
    08-10 11:28 AM
    I have copied the information from the link below. It clearly states DOS checks background overseas and DHS ensures the person entering is the same person who was issued the Visa. So, my point is that DHS is only responsible for conducting background checks for EB/N400 applicants only. Anyway we will know later today. Hopefully something good news after the chaos in the stock market:)



    "In many cases, US-VISIT begins overseas, at the U.S. consular offices issuing visas, where visitors� biometrics (digital fingerscans and photographs) are collected and checked against a database of known criminals and suspected terrorists. When the visitor arrives at the port of entry, we use the same biometrics � digital fingerscans � to verify the person at our port is the same person who received the visa."



    Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)




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  • Blog Feeds
    01-27 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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  • pappu
    08-16 12:16 PM
    While it is good idea to move to UK there are similar protests going in UK due to job loss and lot of Work Permits going in favor of Indians. Recently I read an article which says that 18,000 Visas out of 30,000 Visa(High Tech) are granted to Indians.

    UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.

    Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.

    My 2 cents
    yes correct.
    they have their own immigrationvoice http://www.vbsi.org.uk/



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  • swamy
    06-08 07:16 PM
    too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..




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  • sledge_hammer
    04-22 08:41 PM
    You will get zero supportes for your anti-immigration comments on this forum!

    Go back to your own forum to preach hatred!

    So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.



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  • sabr
    09-19 05:05 PM
    as I was not getting a corp to corp job for more than a year.I desperately need to work.now I am on a project for 3 months and it will end soon also.but this company wants to hire me full time. thats why I want to join them with EAD and when my h1b approves I will get it stamped and reenter..




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  • wonderlust
    07-19 12:17 AM
    :confused:
    My lawyer siad it is not necessary to have either W2 or Tax return documents for I485. I read the filing instruction about 4-5 times and did not find this requirement.

    I did not send mine. Hope it's not a problem.
    W



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  • perm2gc
    08-24 09:18 PM
    http://immigrationvoice.org/forum/showthread.php?t=1540

    TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...




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  • gapala
    04-22 02:53 PM
    Think twice before you jump into mistakes. How can you survive in USA if you dont have a job.

    I agree with the other post, you probably might be better in India in this economy.

    Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.

    To answer your question, you chances for 2010 H1B is extremely low.

    Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.

    For an employer to sponsor a foreign worker on H1B,
    First of all, there needs to be a skilled worker position open and available in US and
    2nd that there are no "qualified" US citizens are available to fill that position.

    OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.

    No offense to any one but just calling for more caution as we have seen increased number of posts like these.



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  • ItIsNotFunny
    07-18 01:26 PM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/


    Flowers have come out as a very good weapon for us. Lets not waste it using everywhere.




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  • gapala
    04-22 10:59 PM
    Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.

    I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.

    Thanks again.

    I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
    Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..



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  • Ramba
    10-08 06:05 PM
    Absolutly No. H4 is a non-immigrant status where emplyment previlage is prohibited. If you want to use EAD or to accept any employment, you should be in a status that allows you to work legally. Therefore AOS is a status that allows you to work. One can have "dual intent"; however one can not have "dual status" at a same time. Therefore once you use EAD you automatically switch to AOS status from H4 status. EAD is a benefit to AOS status people not for H4.




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  • ameryki
    02-27 09:03 PM
    I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.

    We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.

    Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....


    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?



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  • chanduv23
    06-12 10:30 AM
    Hi Mr. Singh,

    The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
    Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.

    Best look for another job and apply for labor before Oct.

    Best of luck.

    Why before October?




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  • mallu
    06-07 04:09 PM
    .



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  • enggr
    11-21 01:47 PM
    enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.

    Hi Wandmaker,
    thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
    I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice




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  • jonty_11
    05-07 02:04 PM
    Please let us/me know ASAP.
    no details yet but in the past the regulations that have been related to immigration and have not been clear - Like labor substitution have been prone to abuse.....
    I am suspecting they will tighten the AC21 just like they abolished labor substitution.




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  • sayantan76
    12-07 06:21 PM
    Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.

    However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.

    Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
    Just a thought.
    I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)

    but as someone pointed out - let lawyers figure out the best strategy for each case.......




    eb3_nepa
    08-16 09:39 PM
    We gave them the 485 receipt and both the EADs and this is all information he actually asked for and said at the end that the system did not let him give us the DL as it needed more info.

    When will this NIGHTMARE end!:rolleyes:




    gsc999
    06-07 06:52 PM
    This is the same seat from where Bush defeated John Kerry by 10 points in 2004. Republicans have a 44 percent to 29 percent edge over Democrats in voter registration. Bilbray won 49% votes against Democrat Ms Busby's 45%. This shows that there was no clear endorsement for either candidate. This infact shows that democrats did make a headway into republican base and come November it might be Democrat. We should remember this is a heavy Republican district.

    Republican Brian Bilbray will face-off with a Democrat again in November for this same seat for a two year term.

    Also, a big faux-pax by the Democratic candidate might have led to her own demise. She suggested that illegal aliens could also vote for her, this incensed the republican voters and they came out at the last minute to hand her a defeat.

    It is obvious that Republicans won because Democrats blew it.

    Check out this url for details:

    http://news.independent.co.uk/world/americas/article717540.ece



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