Thursday, June 9, 2011

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  • kpsm88
    11-15 04:46 PM
    ksahmed,

    Can you tell me if the AP was received by your attorney today or by you directly..




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  • usirit
    01-28 12:16 PM
    We got a denial around Dec-21'07 but after appealing they change back the status to 'In Process'; and according to the timeline we should be no more than 2 weeks away from getting 'CERTIFIED'... Then I-485 and I-140...
    BTW, trs80 what a nice signature....




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  • Berkeleybee
    04-07 09:03 PM
    About the appeasability of Sensenbrenner check out :

    http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168

    My favorite bit is the one in where the article says about Sensenbrenner

    "Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."

    I very much doubt that he will be swayed by faxes. ;-)

    best,
    Berkeleybee




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  • vnsriv
    11-14 02:32 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    NO



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  • jeny
    08-06 08:39 AM
    Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
    Thanks

    I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL




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  • ash27
    06-07 12:32 AM
    Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..



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  • Sunx_2004
    09-08 06:32 PM
    Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..

    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.




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  • SU1979
    10-09 01:05 PM
    Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......


    I am from a non-retrogressed country. For me the priority date is always current...both in October and November visa buletin. I understand, there are some issues. Do you know, what can happen at worst case ?



    Thanks



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  • arunmohan
    05-07 02:39 PM
    Yes I have same questions as coolduggar asked. I know lots of people are using AC21 right now and I am on same boat too.




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  • invincibleasian
    02-21 12:26 AM
    invincibleasian :

    Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
    Also, what all document you need to apply for it ?

    I am planning to do that since my employer denied me for getting I-140 copy.

    Appreciate your resposne.


    Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!



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  • pappu
    08-21 10:15 AM
    You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.

    Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.




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  • mirage
    06-11 11:55 AM
    You look very angry. Take a shower. Do you think Core team is there to answer every question that is asked here ? Did you hire them as a full time employee ? How did you reach the conclusion that they are working for their benifit ? Look in to the mirror, ask yourself a question what you have done until now to help yourself to bail out of the mess you are in, I mean what efforts have you made to meet the senators and congressmen of your area, how many people you have influenced to join IV, how much you have contributed to help IV stay afloat. Only if you have satifactory answers to these questions, come back and ask questions.

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many ....
    :mad:



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  • stemcell
    09-27 12:18 PM
    Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.

    Appreciate your advise of caution, will definitely keep that in mind.

    Thanks!

    Any tips as to how you pick a stock would be welcome.
    Mostly for day trading do you do any technical analysis or is it mostly intuition?
    BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.




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  • Lasantha
    01-31 02:16 PM
    I am no expert but I think you are OK because of this phrase in your Labor.

    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

    I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.

    But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com


    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.



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  • srikondoji
    06-28 04:18 PM
    What is your nationality?
    I know for sure that you can't be Indian?:eek:
    --sri
    Yeh....1947. Sorry about that.....




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  • LondonTown
    03-30 08:36 AM
    Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.

    If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.

    If you cannot get the original contract nothing can be done...



    poorslumdog: Please try to be polite.



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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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  • yabadaba
    12-05 08:24 AM
    the main thing goes back to what sort of a person becomes a lawyer...mostly those are people with stupid liberal arts degrees in history or sociology. then they decide to do law. if they get into a top tier school a majority of them will practice corporate or tax law....the ones that practice immigration law are from the worst tier of universities or the ones that were in the bottom end of the class. some of the lawyers practicing immigration law went to night school for their JD. they are more incompetent than any of us be it bachelors or masters degree from anywhere.

    Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.




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  • immi_seeker
    07-12 08:37 PM
    ^^^^^^^^^




    pcjandyala
    07-22 10:14 PM
    Shana,

    Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.

    It's simple process.

    Thanks




    bkshres
    01-23 04:21 PM
    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?



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