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  • Rishi123
    11-09 12:23 PM
    Dear Friends :

    Appreciate if you could provide some insight to my situation.

    I had filed my labor certification from company (A) ( Based on future employment ) .
    PD Sep/04
    I did not work for the company (A)
    My labor certification has got approved and now I am preparing to file I-140.

    In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.

    Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.


    Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.

    I am not able to get a clearer picture.

    You help will be highly appreciated

    Rishi





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  • guygeek007
    07-31 11:03 PM
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^





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  • GCAmigo
    01-02 03:48 PM
    So I was lucky as I am blissfully ignorant of this rule up until now.. may be my next visit would be with an AP.. just dreaming.. I went to the Chennai Consulate though...





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  • chanduv23
    08-01 09:49 AM
    Please note the reponse I got from service center to a query sent by the senators office

    ""
    The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""

    All waiting for FP leave no stone unturned, call, take infopass, etc

    Thanks

    I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.

    I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.



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  • pappu
    01-20 11:34 PM
    most uni's have a indian student association, the contact is usually found on the website, that would the best way to find them, also orkut has alot of desi student in us communities
    Would you be interested in contacting all such associations and orkut communities around the country? It will be a big help.





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  • ames
    03-05 02:22 PM
    ames, post your picture in your own thread with a title for it under the Just Draw Yourself sectoin of the forums HERE (http://www.kirupa.com/forum/forumdisplay.php?f=152).
    This thread is for the list of entries and to notify big K of your entry if it's not added to the list of entries within 24 hours.
    Nice Job by the way.

    Hello and thanks for letting me know Lord Rahl. Sorry about that - I am just new here. I posted my own thread for it to hopefully be entered. And thank you for your compliment! I also like your self portrait drawing! I like to sketch with pen and ink or pencil myself. I have seen some great entries so far! :)



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  • GotGC??
    01-02 03:30 PM
    Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.

    But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.

    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..





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  • sroyc
    12-11 04:24 AM
    From what I understand, the annual quota is 140K. The extra 23K was the spillover from last year's FB quota and was distributed in the following order - EB1->EB2->EB3.
    Perhaps unfairly, they do not have the same quotas for the spillover visas.

    Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.



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  • zoooom
    03-17 01:40 PM
    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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  • Googler
    02-17 07:52 PM
    See more discussion here (http://immigrationvoice.org/forum/showpost.php?p=224161&postcount=211).



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  • sledge_hammer
    04-22 08:44 PM
    Admins - Please ban 'Brittanicus'





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  • raghureddy
    03-18 07:15 PM
    No it is not dead as i am still renewing my EAD with the same company. My H1 was denied as USCIS was asking about the client info after my project was over.



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  • Blog Feeds
    01-27 08:30 AM
    Summary

    (LINK TO FULL REPORT BELOW)


    Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.

    In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.



    Recommendations

    Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.

    Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252


    Matters for Congressional Consideration


    Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.

    Status: In process

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.

    Status: In process

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.

    Status: In process

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.

    Status: In process

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Recommendations for Executive Action


    Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.

    Agency Affected: Department of Homeland Security

    Status: In process

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.

    Agency Affected: Department of Homeland Security

    Status: In process

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.

    Agency Affected: Department of Labor

    Status: In process

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.

    Agency Affected: Department of Labor

    Status: In process

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.








    VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)



    More... (http://ashwinsharma.com/2011/01/25/h-1b-visa-program-reforms-are-needed-to-minimize-the-risks-and-costs-of-current-program.aspx?ref=rss)





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  • rangakutta
    02-10 11:24 AM
    Hi ,

    I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

    Please advise !!!!!!!!

    Thanks



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  • raju123
    07-18 12:53 PM
    The Gandhi's philosophy indicates the peaceful protest against obvious injustice. The USCIS/DOS decision to stop accepting I 485 from July 2 was the obvious injustice due to couple of reasons; First, it is un precedent and legally not right to stop accepting I 485 when they made big weekend rush to use all visa. Second, No one can suddenly on and off as thousands of people preparing stuff in advance based on the visa bulletin.

    We can not use Gandhigiri for increasing visa number or expediting their immigration process. We can only request. it is not our right hence sending flower to PERM agency is not a good idea. Brahmastra (ultimate weapon) can be used at appropriate time only!





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  • morpheus
    04-06 11:06 AM
    Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.

    Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.

    I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!



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  • gc_peshwa
    02-04 11:21 AM
    Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D





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  • yanj
    12-19 03:53 PM
    Quote:
    Originally Posted by genius
    Unfortunately,kaplan doesnt issue I-20's for GMAT anymore .





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  • cox
    November 24th, 2005, 08:46 PM
    I took two very similar shots of the same flower. This is an Alyssum. The whole cluster is about the size of my index finger! Which treatment do you prefer, the light or dark version?

    Light (1DsII, ISO 400, 25mm extension tube, EF 100 Macro, f/9.0, 1/13s)
    http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0371.jpg

    Dark (1DsII, ISO 100, 25mm extension tube, EF 100 Macro, f/2.8, 1/160s)
    http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0331.jpg

    Any comments are appreciated :)





    pandu_hawaldar
    06-04 11:09 AM
    I don't think its necessary to have kind of a verification letter from bank. I only sent paper statements for past 6 months, that's it. I printed the same online and also did order in mail through 1-800 number of BOA free of charge. As a matter of fact, in my situation at that time, I was not worried about sending this verification letter, because we give enough docs for our genuineness and I thought monthly statements would suffice.

    I guess you should close the account with that bank (or atleast make it non-active) and open one locally.

    My $0.02 :).





    TexasGC
    07-21 03:21 PM
    Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

    This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.



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