panky72
07-21 10:38 PM
Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.
I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
http://www.pamf.org/patients/bcg_ppd.html
I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
http://www.pamf.org/patients/bcg_ppd.html
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morchu
08-01 12:09 AM
There is nothing complicated here.
Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.
You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.
Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).
The other option is she can fall under adjustee status and travel in AP, work in EAD.
Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
(Well...... nobody can have two statuses at the same time anyway).
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.
You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.
Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).
The other option is she can fall under adjustee status and travel in AP, work in EAD.
Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
(Well...... nobody can have two statuses at the same time anyway).
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
aa_ke_phas_gaya
06-24 06:02 PM
Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.
Don't get your hopes high.... just get your head down and work for them.
Don't get your hopes high.... just get your head down and work for them.
2011 Shilpa shetty hotamp; sexy
rajuram
11-08 11:54 PM
According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
more...
h1bemployee
02-25 06:07 PM
I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCA because of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
feblc2002
02-03 04:45 PM
Congratulaions ivar. I guess your dates became current couple of months ago. It took so long for them to approve it ? Could you please give some details on when you got approval notification?
more...
bigsky
10-17 06:43 PM
I received a letter from BEC and it says
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
2010 star Shilpa Shetty for
agc2005
12-25 08:38 AM
kish006:
Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).
1) write a Letter to USCIS explaining the problem
2) EAD Card
3) New photos
4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
5) Passport photocopies.
Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).
1) write a Letter to USCIS explaining the problem
2) EAD Card
3) New photos
4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
5) Passport photocopies.
more...
NKR
06-11 08:13 AM
I had to reclaim all the days that I was outside the country for my 7th year H1 Extension. I submitted photocopies of all the stampings on my passport. Please note that the passport will be stamped upon arrival here and upon departure/arrival in India. That should be sufficient evidence for proof your valid stay here.
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ivgclive
07-25 10:00 AM
Wait a minute....
So, it does not matter whether you have GC or not,
Dealing with USCIS and paying lawyers are part of rest of your life....
So, it does not matter whether you have GC or not,
Dealing with USCIS and paying lawyers are part of rest of your life....
more...
bhayzone
05-01 08:21 PM
First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
hot Shilpa Shetty Hot and
viper673
06-07 09:17 PM
I entered the US as a student in Jan '99 and did a couple of trips on my F1 visa and since I got my H1-B approval notice in 2001, I never left until last December '07 and returned with a stamped H1-B visa.
I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...
That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?
I do have the W-2's from '99 and '00...
Any ideas/help from senior members or someone that had a similar situation?
I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...
That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?
I do have the W-2's from '99 and '00...
Any ideas/help from senior members or someone that had a similar situation?
more...
house shilpa shetty#39;s hot photos
Blog Feeds
02-01 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)
(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)
tattoo Shilpa Shetty#39;s #39;love list#39;
fuzzy logic
06-30 09:51 PM
Hi,
I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.
Would this require filing for AC21? Also would this require amendment to H1B visa?
Any help would be appreciated.
I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.
Would this require filing for AC21? Also would this require amendment to H1B visa?
Any help would be appreciated.
more...
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aj1234567
09-27 05:04 PM
Hi Gurus-
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
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dontcareanymore
11-12 05:54 PM
Go for it! She can volunteer (obviously, she cannot get paid for the work she will do). I think it is a great idea to volunteer to establish connections and gain work experience to get ready for a real job.
My wife did the same thing when she was on H-4 and HR had no issues with that.
Cheers!
If you see the regulations, you can't work for free on H4 if that work is generally done for money.
As some one stated, if you can't work on some thing that appears to have replaced an eligible worker.
Say for example you can't run a friends consulting company and say I am not being paid. Or teach in a for profit organization. You can however do some community work.
Some people might have gotten away by doing so , but I don't think that makes it legal or right.
My wife did the same thing when she was on H-4 and HR had no issues with that.
Cheers!
If you see the regulations, you can't work for free on H4 if that work is generally done for money.
As some one stated, if you can't work on some thing that appears to have replaced an eligible worker.
Say for example you can't run a friends consulting company and say I am not being paid. Or teach in a for profit organization. You can however do some community work.
Some people might have gotten away by doing so , but I don't think that makes it legal or right.
more...
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WeShallOvercome
07-20 06:32 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
If you plan to get married in the next few months, you can still go ahead and apply your I-485.
the dates are goign to retrogress again in October. so if you get married before your date becomes current again, you can file the I-485 for your spouse on the very first day it becomes current and before your I-485 approval
Any ideas when can be the date current again(for my PD atleast)?
If you plan to get married in the next few months, you can still go ahead and apply your I-485.
the dates are goign to retrogress again in October. so if you get married before your date becomes current again, you can file the I-485 for your spouse on the very first day it becomes current and before your I-485 approval
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dpp
07-27 03:02 PM
I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
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Berkeleybee
02-14 01:21 PM
Thanks for that Iptel.
Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.
best,
Berkeleybee
Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.
best,
Berkeleybee
BharatPremi
07-15 11:11 PM
Guys,
Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.
- BharatPremi
Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.
- BharatPremi
chanduv23
03-14 12:58 PM
Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
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