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  • natrajs
    09-03 12:06 PM
    Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.

    Guys ... kismet changes!

    Congrats and Best Wishes, I wish I get my GC too




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  • gc_wow
    10-25 11:32 PM
    I would like to see the new inventory of pending 485s after the september approvals, I am not sure when uscis would release such information.




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  • immi_seeker
    07-14 01:57 PM
    I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.

    Planning to call NSC to see what I can do,

    Ok, so it maynot be neccessarily be a typographical error as i thought, unless all the cards that have been approved on july 7th had this erro. pls let me know what you find. Usually7 level1 officers have no info..so try to see if u can reach a level3 customer officer..i will contact uscis again this afternoon and will post the outcome.

    btw, what is ur PD & categoru




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  • manderson
    09-19 08:06 AM
    If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a development. The immigrants in question were highly skilled � the programmers and doctors and investment analysts that American business seeks out through so-called H-1B visas, and who are eligible for tens of thousands of "green cards," or permanent work permits, each year. But bureaucracy and an affirmative-action-style system of national-origin quotas have created a mess. India and China account for almost 40 percent of the world's population, yet neither can claim much more than 7 percent of the green cards. Hence a half-million-person backlog and a new political pressure group, which calls itself Immigration Voice.

    The group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration. Immigration Voice represents the kind of immigrants whose economic contributions are obvious. It is not a coincidence that the land of the H-1B is also the land of the iPod. Such immigrants are not "cutting in line" � they're petitioning for pre-job documentation, not for post-job amnesty. And people who have undergone 18 years of schooling to learn how to manipulate advanced technology come pre-Americanized, in a way that agricultural workers may not.

    But Immigration Voice could still wind up crying in the wilderness. As the Boston College political scientist Peter Skerry has noted, many of the things that bug people about undocumented workers are also true of documented ones. Legal immigrants, too, increase crowding, compete for jobs and government services and create an atmosphere of transience and disruption. Indeed, it may be harder for foreign-born engineers to win the same grip on the sympathies of native-born Americans that undocumented farm laborers and political refugees have. Skilled immigrants can't be understood through the usual paradigms of victimhood.

    The economists Philip Martin, Manolo Abella and Christiane Kuptsch noted in a recent book, "As a general rule, the more difficult it is to migrate from one country to another, the higher the percentage of professionals among the migrants from that country." Often this means that the more "backward" the country, the more "sophisticated" the immigrants it supplies. Sixty percent of the Egyptians, Ghanaians and South Africans in the U.S. � and 75 percent of Indians � have more than 13 years of schooling. Their home countries are not educational powerhouses, yet as individuals, they are more highly educated than a great many of the Americans they live among. (This poses an interesting problem for Immigration Voice, which polices its Web forums for condescending remarks toward manual laborers.)

    So how are we supposed to address the special needs of this class of migrant? For the most part, we don't. The differences between skilled and unskilled immigrants are important, but that doesn't mean that they are always readily comprehensible either to politicians or to public opinion. When high-skilled immigrants who are already like us show themselves willing to become even more so, jumping every hoop to join us on a legal footing, it dissolves a lot of resistance. But it doesn't dissolve everything. It doesn't dissolve our sense that people like them are different and potentially even threatening.

    If we consider our own internal migration of recent decades, this will not surprise us. You would have expected that big movements of people between states � particularly from the North to the Sun Belt and from Pacific Coast cities to Rocky Mountain towns � would cause increasing uniformity and unanimity. But that didn't happen. Instead, this big migration has coincided with the much harped-on polarization between "red" and "blue" America.

    Georgians take up jobs on Wall Street and New Englanders unload their U-Hauls in Texas. The sky doesn't fall � but neither do cultural or political tensions between respective regions of the country. Consider the diatribes that followed the last election, in which "red" America stood accused of everything from ignorance and bloodlust to knee-jerk conformity. Or consider North Carolina. As the state filled up with new arrivals from such liberal states as New York and New Jersey, political pundits predicted the demise of its longtime ultraconservative senator Jesse Helms. But Helms won elections until he retired in 2002, largely because many of those transplants voted for him enthusiastically. The sort of Yankees who moved to North Carolina had little trouble adopting the political outlook of their new neighbors. But you didn't notice North Carolinians begging for more of them.

    While Immigration Voice looks like an immigrant movement that Americans can rally behind, its prospects are mixed. A recent measure sponsored by Senator Arlen Specter of Pennsylvania to nearly double the number of H-1B visas was passed through committee, then killed and then revived. The fate of skilled immigrants hinges on public opinion, and that is hard to gauge. Even an employer delighted to sponsor an H-1B immigrant for a green card might have no particular political commitment to defending the program, or to wringing inefficiencies out of it. The arrival of skilled individuals arguably makes America a more American place. But not necessarily a more welcoming one. Christopher Caldwell is a contributing writer for the magazine.

    Copyright 2006 The New York Times Company. Reprinted from The New York Times Magazine of Sunday, May 6, 2006.



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  • cin45220
    03-28 03:10 PM
    Thanks, snathan.
    Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
    Hey Dazed,

    How much time did it take you to get the refund?

    Thanks,
    -CinBoy




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  • Siddharta
    09-26 12:02 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks



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  • optimistic
    08-01 10:58 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.

    Yes, she can go alone.
    The following is the list of documents that may be required to be produced at the American embassy for visa H4:-

    1. marriage registration certificate-orignal
    2. Wedding photos
    3. Wedding invitation cards
    4. Copy of labour condition application of principal applicant
    5. Copy of Pay stubs of principal applicant and copy of bank statement as proof of ability to support spouse financially
    6. copy of I-797 notice of approval of principal applicant
    7. Passport copy of principal applicant (all pages)
    8. Spouse's name should be added to the passport of the visa applicant, preferably it should be added in the principal applicants passport also. Though it is not mandatory.
    9. I-129 form of principal applicant-copy
    10. Principal applicants letter of offer from US firm-copy
    11. Principal applicants work experience letters-copy
    12. Web appointment receipt for interview
    13. Passport + one photograph
    14. Completed visa application form DS-156
    15. Completed visa application form DS-157
    16. Demand drafts for vfs fee and visa fee- both application and issuance

    Please check the US consulate website for a complete list as they may have changed the requirements.

    Hope this helps.




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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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  • paskal
    09-07 12:45 PM
    those who have sent their details:
    i know you are eagerly awaiting confirmation of appointments etc for monday. plesae be assured that this is work in progress and you will hear about your schedules in the next few days. thank you for replying to the lobby day e mails and for coming to DC to make our collective voice heard.

    those who have not done so: please be there on monday and please do the needful as requested above so appointments can be arranged for you.
    if you can stay back wednesday- please provide your information too, appointments may be arranged that day as well.




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  • nixstor
    12-04 10:28 AM
    you should in fact thank the system for letting you to continue on H1 ..

    oh really! may be you should remain on H1 for ever.



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  • prem_goel
    02-04 04:12 PM
    Attorney's please advise. My sister has an active job offer where we would like to explore this opportunity if any of you can help us in handling it. I need to know if this is possible under the law and if you can help us? Please reply and I'll contact your office.


    Much thanks in advance.




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  • eb3_nepa
    05-12 03:58 PM
    Yeah but then that is a nice free luch for those who do not contribute. The motto will become, just sit back and relax and let the other fools do the hard work and spend their hard earned money.



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  • prem_goel
    01-29 11:02 AM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?

    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P




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  • Maverick1
    05-14 01:49 PM
    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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  • reddymjm
    09-30 10:11 AM
    I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?

    r u from NBKRIST?




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  • smuggymba
    03-09 01:03 PM
    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.



    I guess u need to have an approved labor in EB2 to even think about it. You can't port because you dont have an approved EB2 labor.



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  • desigirl
    12-01 09:52 AM
    We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
    No Great H-1b will come here if its going to take 10-20 years to get a Green card.
    I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
    This is a big thing that is missing so far.
    See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.

    Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
    I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).

    If he chooses to donate would it be the "contribute" link?




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  • pa_arora
    07-16 01:18 PM
    I liked ur signature...BTW what country r u from?




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  • krishnam70
    03-13 08:22 PM
    Hey Kris

    I really wanted to know if it was illegla before reporting someone, you can refer to Jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
    And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
    I wasnt sure and i didnt know how to go about it.

    If that is the intent just report with facts to your state DOL and they will take care of the rest

    - cheers
    kris




    newbie2020
    05-18 08:01 PM
    We should note that this bill was introduced in mid march and we didn't have any clue (including IV) sometimes chances of such bills may be easier to pass if the bill author chooses to include the provisions into another bill. Sometimes it better to stay low and get the provisions passed..;) ..... Overall i feel the provisions of this bill may get included into another one like 6039 or so

    Contacting the authors and seeking their support will surely benefit us,

    What do u guys think?




    pappu
    05-13 01:42 PM
    Does anyone have access to this article :
    http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
    It looks like favoring us ....

    this news site was members only to read the new article. could you copy and paste this article in the forums so that we all can read?



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