Saturday, June 11, 2011

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  • kaisersose
    08-01 01:09 PM
    Wishful thinking.

    1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.

    2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.





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  • hsingh82
    06-15 11:26 PM
    Indonesia

    I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!





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  • lazycis
    05-07 01:29 PM
    Forget to mention that you can port to self-employment :)





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  • nogc_noproblem
    04-10 04:07 PM
    Lou Liar Dobbs lied even in this case also. Couple of days back in his show he said more than 400k H1B applications filed. He never gave correct statistics when it comes to legal immigration. It is disheartening to see nobody could able to do anything about his biased campaign.



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  • Appu
    04-06 10:33 PM
    If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.


    That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.





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  • hopein07
    03-14 10:21 AM
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  • pappu
    05-20 08:31 PM
    Good post





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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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  • jonty_11
    10-30 06:21 PM
    if they ask explain teh situation calmly....and tell them your attorney has filed to get u a new approval after he dsicovered ur mistake..Keep phone numbers of ur employer, attorney handy if needed to call them and confirm u are legit!!





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  • rsdang
    12-04 04:36 PM
    Hope all is well there - I fly in there in 2 days.



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  • ilikekilo
    06-11 06:13 PM
    Please refrain from saying such a thing for President.
    He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
    6 years is a big time.
    If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
    I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.

    Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.


    alright MR junior bush





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  • jkays94
    05-04 02:17 PM
    COOPER: Along the gulf coast today, First Lady Laura Bush was a very big hit. The one-time librarian zeroed in on an enormous need. Katrina destroyed library collections throughout the region. Mrs. Bush came with a gift of half a million dollars from her foundation's gulf coast library recovery initiative. CNN's John King caught up with her. They talked polls, anthems and immigration.

    (BEGIN VIDEOTAPE)

    KING: One of the debates in the country right now is about immigration reform, illegal immigration. And one of the controversies is this new Spanish language version of the national anthem. Your husband the president said he thinks it should only be in English. But if you go to the State Department website, you can find it in I think four languages. Secretary Rice said she's heard a rap version of the national anthem.

    LAURA BUSH, FIRST LADY: We've all heard a lot of different versions like at the Super Bowl every year. I don't think there's anything wrong with singing it in Spanish. The point is it's the United States' national anthem. And what people want is it to be sung in a way that respects the United States and our culture.

    KING: Is that an issue on which you disagree with your husband, he says it should be sung in English?

    BUSH: Well I think it should be sung in English, of course.

    KING: But you also said it -- BUSH: But you know it's like reading hymns in the hymnal. I love it when I look at the bottom of "Amazing Grace" and there are the words in the Methodist hymnal in Swahili. I think that's great.

    KING: Another by product of these demonstrations has been crowds of tens of thousands, many of them holding the Mexican flag. Even supporters of their cause say they find that offensive. That it's the United States of America, if you want rights, if you want status in the United States of America, don't be waving a Mexican or an El Salvadorian, some other country's flag in our face. Do you agree with that?

    BUSH: I think this is a very, very sensitive issue that immigration is. A lot of people have stood in line for a long time and done everything they can do to be accepted as legal citizens of the United States. And it's unfair to think that other people will have the chance to get in front of them when they've abided by the rules.

    KING: As you know, voter anger, the country's anger at what they perceive to be a slow federal response is one of the reasons your husband's poll ratings have slumped considerably. He's now in the mid-30s in most poll ratings. They're using the term in Washington, many are, "lame duck." He can't like that.

    BUSH: No I'm sure he doesn't like. I don't like that either, obviously. When you're elected for a second term, and there are term limits, then of course you start off in some ways as the lame duck. I still know that my husband's going to be very effective and has been very effective and that his agenda that he ran on in the last election in 2004, he will be able to get through. We have a lot of problems. We have -- there are a lot of challenges facing our country. Besides, obviously, this major challenge of the devastated gulf coast.



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  • sangeethak31
    07-13 11:44 PM
    Cool..Thanks for all the responses.

    I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.

    Thanks,
    Sangeetha K





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  • Munshi75
    09-27 05:49 PM
    Try in any universities for a job or even in schools .I am sure you will come across an ample of opportunities. Pay may not be attractive nevertheless, will you keep to afloat .

    And next option would be (if have your GRE Valid), apply in some small schools for a similar but different program now and take admission in Jan 08. Search for small schools only.

    Hope this would help . Try first option , bet u will find soon.



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  • seahawks
    06-29 11:30 PM
    Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.





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  • ineedhelp
    07-17 07:10 PM
    Hello Sir/Madam,

    I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.

    A brief info about me :

    1. I'm basically an employee of Wipro, India deputed in US on H1B.
    2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.

    My current issue :

    1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
    2. I Can give only 3 weeks of notice.

    Advice needed :

    1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
    2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?

    Your suggestions will do a world of good to me. Thank you in advance.

    Regards,
    Ineedhelp



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  • for_gc
    09-26 11:00 AM
    ohhhh wow !! .. Man ...It not so easy as it looks on paper ...U will find tons of ppl in the stage of limbo after doing all this ... (including me though :(
    My sincere advice, DO not even think about it ..

    Hi pd_recapturing,

    Can you please elaborate on your experience. This is an issue very close to my heart as well and possibly benefit lots of other folks on this forum.

    I personally know a fried who in fact benefited from PD porting and got his GC sometime in 2007 beginning. He had a EB3 PD of 2001 which he used for his EB2 application with another employer.





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  • gc_check
    02-11 12:14 PM
    Thanks for the updates. There seems to be something happening at the least. Hopefully some thing works out to get the mess cleared.





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  • eagerr2i
    08-04 03:45 PM
    If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!

    401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.

    Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..





    pcjandyala
    07-21 11:31 PM
    http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.

    Wish you all the best.





    dazed378
    03-28 03:23 PM
    I sent the documents (tax return and W-7 together) through certified mail and as per USPS tracking, they were delivered on 28th Feb. However, IRS representative said they received my tax return documents on 14th March. I got the refund through direct deposit on 25th March.



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