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  • gcnyc
    06-20 11:29 PM
    Does any one know answer for this? I was curious to know.




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  • needhelp!
    08-31 12:32 AM
    We just had a laugh discussing this, I hope you do too :)..NO.. but back to my initial question, just for Curiosity's sake

    Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...




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  • prakgc
    07-21 09:37 PM
    For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand

    Establishing completeness of records may entail preparation of a request for
    background check from an American consulate or embassy.
    The G-325A Biographic Information form must be completed by all
    applicants between the ages of 14 and 79. Clerically processing this form
    initiates a record check abroad for the applicant. This request, however, is not
    needed for all applicants. If the applicant entered the United States more than
    a year ago, the G-325A will not be processed. This limitation is imposed
    because the Department of State generally destroys the nonimmigrant visa
    application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
    green, pink, and blue copy. You will only need to use two legible copies,
    usually the white (file) and the blue (consul) copy. The only exception to this
    rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
    is required to submit a G-325A for the underlying I-130 petition. In this
    instance, you would include the pink copy of the G-325A in the record of
    proceeding of the I-130.
    Further, be aware that if an I-130 petition is included in the A-file, the spouse
    of the applicant of the I-485 is required to submit a G-325A for that riding
    petition. The spouse’s G-325A should be included in the record of proceeding
    and not processed according to these instructions. It is considered a
    supporting document and will be reviewed at the time of adjudication.




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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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  • anilsal
    01-25 09:39 AM
    the campaign.




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  • venky08
    09-25 05:00 PM
    you have till december to find a job. thats 2-3 months. put all your energy to find a new job and ask the new employer to file H1B. if you can find a job in a good company you will have another stab at it. stay away from consultancies this time if thats what causing the rejection...you need to elaborate more on your situation to exactly know what your options are (field of study/experioence etc)....

    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.



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  • go_guy123
    01-20 11:32 AM
    (1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen

    (2) If CIR fails why would CHC supports us in piecemeal..

    to me if no CIR then no piecemeal..

    Answer to 2)

    CHC only wants amnesty for illegals. They don't care about skilled immigration.
    They hold the SKIL etc hostage to CIR. But CIR is impossible.
    CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.

    Moreover the CIR coalition also weakens with failures.




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  • LostInGCProcess
    09-18 05:31 PM
    LostInGCProcess, his I140 is not approve, how come he can use his EAD ?

    AOS can only be use after his I140 is approved.

    Thx

    That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.



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  • dilbert_cal
    07-08 02:19 PM
    The folks who strongly feel that IV should be mentioned should write an email to OH and ask him to change the wording to include IV in it.

    On a positive note, there is extra publicity for the flower campaign. On a flip side, if IV was linked to this post, we would had some more people flow into this website and possible new members and campaigners.

    Finally, as to why he didnt put IV name - being an active reader the past few days of these posts, I've my reasons to understand the possible reasons but since this thread isnt about the why or why not - I'd like to keep this thread to the point of send flower campaign and how we can make it more effective.
    Lets send emails to him and of course, in a nicely worded request to include IV and most importantly a link to IV on his website.

    The above is my own personal opinion and you have a right to agree/disagree with the same. In either case, I'd expect you to reply back in a civilized tone and refrain from any personal and/or vilification campaigns.




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  • tinuverma
    03-17 02:08 PM
    I guess I will ask you the same...is that true both for H1 transfer and EAD?

    Thanks

    As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.



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  • santb1975
    03-24 12:37 PM
    I am listening to this now




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  • arihant
    10-26 08:20 AM
    Hi guys,

    My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
    a) is it possible to transfer now?
    b) how long will the transfer take?

    Thanks a lot for your advice/information :)



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  • mihird
    09-17 11:57 PM
    I will tell your first hand, the path to becoming a doctor is TOUGH...

    You will need a lot of brains to clear those USMLE exams
    You will need a lot of money to appear for those USMLE exams/residency interviews
    You will need a lot of patience since it takes a minimum of 2 years to be able to apply.

    Here's what you do.

    My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.

    1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
    Each one takes about 6 months of prep time and
    shoot for a score in the upper 80s or preferably 90s - very
    few people get such high scores..
    2. Then one needs to get a B2 visa to appear for Step 3
    Step 3 is only conducted in the US
    (You WILL need the Step 3 cleared for H1 sponsorship)
    Good luck getting that B2 - plenty of people are
    denied this B2 in India - if you can't get this B2, that's
    the end of the game.
    3. Once you clear all the steps you need to apply through ERAS
    for a nationwide match for residency.
    4. Spend hoardes of money to travel to each hospital that
    invites you to an interview.
    5. Wait for the ERAS match results to be out.

    If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..

    To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...




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  • kondur_007
    04-06 01:26 PM
    One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?

    AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)



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  • GC_SUCK
    11-02 02:37 PM
    I will appreciate your comments on my situation. I also have approved I-140 from TX and my company may ask me to move to NY/NJ for another project.

    I also have one LC from MN pending in DBEC. Can I move to NY or do I have to go thru the PERM again?

    Help?




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  • andr.in
    05-27 03:25 PM
    lmao! These are great!
    But the one fester made reminds me of the personal pages most estonians have! :P lol
    I can't decide! They all suck <-- lol First time i've ever said that meaning that something is done well!



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  • suresh.emails
    01-12 01:55 PM
    It was clearly written in the last 2 pages of any Indian passport that, one should not handover passport to any one; unless other wise MOE (Ministry of External Affairs), Indian Court has ordered so.

    It is illegal to:
    1. Hand over passport to any one
    2. Send through courier across borders
    3. To Mortgage passport (a set of people will do in some cases; when they owe money)
    4. In Possesen of others passport.

    The imprisonment for doing so is 6 months to 3 years in jail or fine or may be both (to the best of my knowledge).

    So be careful in doing so.

    P.S-1: Handing over passport to Consulate/Embassies is a different case and person should be in the same country where the consulate is while applying for visa?.




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  • go_guy123
    08-13 01:54 PM
    isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
    if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.

    This h1b money is totally insufficient but most likely it will add to governent deficit...but who cares. Eventually this 2000K will increase in some "piece-meal enforcement only" bill
    in future.




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  • moonrah
    08-27 02:39 PM
    that means there is backlog of audited cased in atlanta..now they have created backlog for labor also..




    immi2006
    10-04 01:39 AM
    Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.

    I am not sarcastic this is the reality,

    There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.




    dummgelauft
    04-20 10:52 AM
    In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.



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