Sunday, June 12, 2011

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  • saileshdude
    07-21 09:44 PM
    You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

    If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.

    mhtanim,

    My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.

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





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  • amsgc
    04-22 09:05 PM
    I was just going over PERM data (http://www.flcdatacenter.com/CasePerm.aspx) for FY 2005 and 2006. I found that 19,515 cases were approved for India, for cases filed between March 2005-Dec 31 2005. This includes EB2 and EB3. This is smaller than what I was expecting.

    Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?





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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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  • rmutyala
    07-14 07:39 PM
    Houston



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  • ganam
    10-03 10:07 PM
    Thank you.





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  • Dhundhun
    09-21 12:26 AM
    Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.

    Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.

    One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.

    This is like a question what is project success?
    - For investor/owner, it is money
    - For management, it is successful completion perhaps in time and in budget
    - For engineer, it is promotion, recognition and sometimes rewards

    Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
    - Worst case a guy gets GC just one day before marriage - forcing seperations for years
    - Best case - perhaps freedom from slavery



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  • Rae
    07-21 12:54 PM
    If you look at those two forms, one 325A has a space for "Date and Place of Termination of Marriage". Form 325 does not have a space for that. They apparently want that information so you should update your filing with the proper form.

    Rae





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  • The7zen
    06-14 08:01 PM
    Thank you for your inputs. I really appreciated for your help. We went to Detective office and he allowed my sister only to question. He asked couple of questions regarding that family and theft. My sister explained him that she don't know about that situation. It took about 20 minutes time there. We have below questions still remains in our mind.

    1) Do we really required a Lawyer to protect?
    2) I believe they should have proper information to arrest or accuse right?
    3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.

    After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning

    Please help me in this

    1) Its better to have a lawyer in these type of situations, especially if they have to record your statements.
    3) Did you talk to the accuser to find out what exactly is happening and why he is suspecting your sister? BTW if you do so, just be polite and listen to what he says dont get agitated over the phone.
    Good luck....



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  • mbartosik
    11-09 05:27 PM
    http://news.google.com/news?hl=en&ned=us&q=bapio&btnG=Search+News

    http://timesofindia.indiatimes.com/Indian_docs_win_legal_battle_in_UK/articleshow/2530784.cms

    Good for them!





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  • puskeygadha
    12-02 07:32 AM
    but employer keeps the LC and I-140. If I move to new employer
    what is the proof that my I-140 was approved.

    Thanks



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  • Curious_Techie
    09-30 10:54 AM
    Yes NSC with WAC receipt.
    EB2-I PD Aug 2005.
    I did applied for EAD & AP renewal in mid August.
    Still on H1B. 2010 validity





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  • Bpositive
    01-05 12:12 PM
    Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...

    Anyone?



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  • r2i2009
    09-21 09:47 PM
    Thanks...your replies were compassionate and philosophical in a way.
    Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.

    See tonnes of people going back----are we chasing something we are not supposed to do?





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  • leoindiano
    03-17 10:02 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.



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  • pappu
    11-10 10:57 PM
    USCIS Ombudsmun Report - Total I140 approved:

    Approved
    2000:89,583
    2001: 99,659
    2002: 93,533
    2003:62,281
    2004:67,552
    2005:94,211
    2006:104,168
    Oct 2006 to April 2007: 65,098
    found this on another site

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls

    dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls





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  • gc_on_demand
    06-13 04:15 PM
    Please call..



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  • vbkris77
    04-22 11:20 PM
    First of all, this is a wrong forum to went our your points about illegals.. We in IV encourage a legal immigration. But the moment we start excluding people, the list can go on and on.. You start with so called illegasl today (with due sympathy for using that word..), but this exclusion will go on to legals, new doctors, engineers willing to come, settle and work in USA. Remember this is a land of immigrants. If you have any doubt, just look at the new bills introduced by senators to effectively kill H1B program the only legal option for most educated to come to US.

    Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??

    Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..





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  • IfYouSeekAmy
    01-11 03:43 PM
    I disagree. DV may not have relevance to you but to a person who does not have an advance degree but still would like to come here to live,work and have a better standard of life it is still VERY relevant. Remember that this country was built by IMMIGRANTS not neccessarily by immigrants with advanced degrees.

    NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.





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  • americandesi
    09-10 12:05 AM
    Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..

    Thanks.

    Here's the form to complain H1 violations to DOL.

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.





    GLIX
    02-22 06:14 AM
    it was already at july 13, 2006, now it's back at june? how could that happen?:confused:





    paskal
    12-25 09:35 PM
    /\/\/\/\



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