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.
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.
wallpaper Birthday Wishes For A Friend
CRAZYMONK
08-16 03:26 PM
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
redcard
08-23 11:21 AM
People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
Is there any use in comming here as a student?? anymore..
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
2011 Messages to your friends
anemmani
01-22 09:34 AM
Why should we fight about every issue that is posted? Cant we debate it like mature people? This tendency to fight (and get emotional) over irrelevant issues will not help us any better.
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
more...
thediablo
05-30 04:59 PM
bah dont get sad... i know you can do it worst than that :D
:thumb:
:thumb:
.jpg "irthday greetings for friend")
Jerrome
02-20 05:23 PM
I could not find mine (though i don't know the case number) with the priority date and employer name i could not find mine, by anyway can we find out the category (EB1,EB2 or EB3) from this databases.
I saw some poll happened in IV to get this information.
I saw some poll happened in IV to get this information.
more...
krishnam70
02-23 12:09 PM
Hey Guys,
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
Thanks veera for your update. Hope we get some latest arrival information in to the country using H1 and give us their experiences
- cheers
kris
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
Thanks veera for your update. Hope we get some latest arrival information in to the country using H1 and give us their experiences
- cheers
kris
2010 irthday greetings message for
parablergh
08-12 08:36 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
more...
puvathoor
02-17 11:02 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
hair irthday wishes for friends
belmontboy
01-09 04:08 PM
Its like going to tirupati and asking people if they have seen any mottai's [mottai - tamil, meaning shaved head].
:D
On another note, practically everybody over here has seen/heard somebody losing their jobs...
:D
On another note, practically everybody over here has seen/heard somebody losing their jobs...
more...
desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
hot friend birthday greetings
gc_buddy
01-08 08:08 PM
Ok, Noted. That's what my company few years back advised few of our assoicates to do when they did not surrender I -94
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
more...
house irthday poems for friends.
gvenkat
01-07 08:29 PM
THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc
If this passes. THere would be a huge relief among people who have advanced degrees
If this passes. THere would be a huge relief among people who have advanced degrees
tattoo irthday greetings for friend
logiclife
04-07 08:55 PM
For more than a decade of congressional majority and 6 years of white house, everyone has been accusing Republicans of being close to big business.
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
more...
pictures 2010 Birthday Greetings 2011
dc4opera
05-19 01:07 PM
One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
dresses irthday greetings for friend
gaz
08-13 07:41 AM
his predictions were so accurate ... black 'copters landed and took him away... :p
more...
makeup your sweetheart/ friend/
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)
(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)
girlfriend irthday greetings for friend
apahilaj
07-19 07:41 AM
Hi Dazed, thanks for your response. I checked the filing instructions on 485 form and it does not mention I 134 form any where. I did not file this form since my lawyer never asked me to do so.
Do you or anyone in this forum know, what happens to the application in that case, RFE, etc?
Thanks again.
Do you or anyone in this forum know, what happens to the application in that case, RFE, etc?
Thanks again.
hairstyles New Birthday Wishes Image
kondur_007
02-15 06:26 PM
I have the same query:
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Gravitation
07-20 02:19 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
akred
03-26 08:30 PM
Remember, all immigrants no matter where they came from, are ultimately legal immigrants once they pass through the system.
No comments:
Post a Comment