Thursday, June 16, 2011

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  • pappu
    11-09 02:10 PM
    Pappu,
    Is this survey open to every one beyond donor forum.

    Yes. It is open to everyone and is under 'Action Items for everyone' forum.




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  • A photo of David Burtka


  • paskal
    12-19 03:12 PM
    Dear MN members,

    Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
    Please indicate your availibility by posting here,

    Thanks!

    remember the fund raising and add a member camoaign, please join if you have not done so already.




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  • jonty_11
    12-03 02:15 PM
    I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....

    I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.




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  • Roger Binny
    07-25 04:42 PM
    No idea what to say, yes they have all rights but doesn't this never ends?

    Or Are these cases rare ?

    Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???

    Oh my god too much of reality.



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  • leoindiano
    11-09 08:17 PM
    Right. Its his view of stem cells research in ancient india. Some article I read in net which excerpted from mahabharatha.

    "It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."

    Maybe some support.. :)

    I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)




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  • tinamatthew
    07-17 04:04 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.


    HERE IS THE UPDATE

    UPDATE as of 3:18 PM EST 7/17/2007

    --------------------------------------------------------------------------------

    DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.

    DHS will issue a press release to this effect later today.

    --------------------------------------------------------------------------------
    Last edited by logiclife : Today at 03:02 PM.



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  • arundhati_datta
    07-08 06:14 AM
    Hello ASh027,

    I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.

    Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.

    Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.




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  • gc_wow
    09-30 05:56 PM
    I got Rfe to send pictures for Advance Parole, it is funny because already I have mailed them pictures, i dont know why they send me Rfe for that. AILA and immigration lawyers are leeches, ask any immigration lawyer they hate us to the core, yet this USCIS workers and immigration Lawyers choose to ignore that they are dependent on immigrants for their daily bread.



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  • Mount Soche
    09-04 10:23 PM
    Don't know much about how long medical tests are valid for but for sure the test has changed. I medical took a test last year for the employer sponsored green card and just took another medical test in August for another green card petition and my doctor told me that they're much stricter with the TB section.
    I saw the form and it is totally different. They're asking for more detail.

    I had to take another vaccine, which wasn't required last year.


    Folks,

    Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).

    As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?

    Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?

    Thanks in advance for all your responses.




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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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  • chanduv23
    06-12 11:31 AM
    Because Mahatma Gandhi was born on october.:):)


    His 6years end in oct 2010.


    ds

    I was born in Oct too :) :)




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  • wandmaker
    04-04 01:34 PM
    I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.

    The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:

    Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

    Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.


    Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?

    Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?

    If your resume portraits a product customization or support then in the USCIS eyes, you do not posses specialized skills.... Additionally, The initial evidence (including resume) that your company has submitted is not sufficient enough to prove that you posses that specialized skills. Your company also has a base in the US so the availability of US worker in the same skill is very much possible with in the company - Hence, USCIS denied your L1. IMHO, your appeal may not be fruitful....



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  • nozerd
    02-26 09:46 AM
    Thanks Sanju,
    I already have testing experience since I am used to reviewing test plans from a functional perspective and am aware of testing methodology.
    Is there a market our there for testing ?
    Thanks




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  • piyu7444
    05-11 01:56 PM
    Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.

    Good Luck. I am also using AC21.

    Please ask your lawyer once again as what I have read on IV or any other website about AC21 is that job title does not matter but job descriptionduties is what matters..........This is the first time I am reading that Job title has to match.........and if thats true ( I dont think its true) then a lot of people will be screwed coz 99% of time even if its the same job no 2 companies will have the same job title..........



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  • hopeful08
    02-26 12:16 PM
    If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.

    yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..




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  • eyeopeners05@yahoo.com
    06-02 12:55 PM
    July 07 485 filer with pd of July 2003 in EB3.
    EAD and AP available and can be used for AC21.
    Current H1 valid till 2010 July
    Got married after filing 485 and so wife does not have EAD etc and is on H4.

    Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?

    Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?



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  • satyasaich
    06-25 02:54 PM
    Then why 'Americans' are NOT complaining on 'cheap' goods sold by walmart? Why you call that as 'great enterprise'?
    Why 'Americans' are still clinging with beer bottles during weekends & glued to TVs only when the whole world is changing ?
    Why 'Americans' are NOT complaining about 'cheap' foreign oil? Can you dare to think of $4/gallon?

    My friend, wake up and recognise that world is more flat than you think.

    Why you are NOT challenging the unisersity Boards about pay scales of their foot ball / basket ball coaches? Are they so special than professors? Coaches DO NOT produce future generation of engineers / doctors / economists/ teachers.
    & you call that as 'lifestyle' watching and wasting and spending valuable time and money in the life as a student?
    come on, be practical. you can be a sports fan but there is a line to draw
    Why are you NOT challenging senators / congressman when they allow bail out of big banks with 'YOUR' tax money?
    Please change the hat you are wearing and try to see the world.
    OTE=oscarzumaran;1965481]It is a fact that cheap, illegal labor is destroying America and the lifestyle. No doubt about that. What do they think? American's did not do farming before? If you pay enough, any American will do the job.

    It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?

    Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.

    This excuse will not work.[/QUOTE]




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  • EB3June03
    06-16 06:17 PM
    Like the original poster, I too am in the US for more than 11 years (12th year about to complete)

    I too had my PPD test (skin test for TB) come out positive but i don't know exactly how big the size was.

    I just came from a civil surgeon who said that i might have to undergo the treatment for it if the size was above 10 mm. He also said that i will have to be retested for it if we don't find the reports of the size when this was done earlier. My PCP had mentioned that there is no point it getting the test done again.

    I had submitted my medical exam records with my 484 application in July 2007. I wonder if USCIS is trying to boost the economy by trying to get us go for the medical again? (my lawyer says to go to the doctor and get a medical exam done again would be the most practical and quickest way to respond to the RFE.




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  • indyanguy
    02-23 06:37 PM
    I already finished 14month 8days and still pending in NSC

    14 months 8 days!!! I am already getting frustrated after waiting for 7 months (NSC) :mad::mad::mad:




    prem_goel
    12-03 10:15 PM
    Many congratulations. I will appreciate if you can share your experience in detail.
    1)The documents you carried along with you.
    2)Hotel where you stayed
    3)Did you have the tourist visa for mexico?
    4)Did you get H1B for 3 years or less?
    5)Questions VO asked.

    Thanks.
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.




    reno_john
    06-11 12:00 PM
    You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???

    It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.

    Mr. Sanju,

    We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
    Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.



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