Monday, June 27, 2011

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  • posmd
    04-07 09:07 PM
    I am 100 percent of this view. IV core members should review this with QGA.
    We are already hearing that the whitehouse is pushing this thing to conference even without full senate approval, perhaps they know something we do not, that in some form or fashion something is going to pass the senate.

    Sensenbrenner is not a guy against legal immigration per se. Some of the core members know this from the S1932 experience. There was a guy by the name of "superman" who some of the core members are aware of, who lives in sensenbrenner's district and tried his best during conference in that budget bill.

    We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.




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  • buddhaas
    02-02 03:57 PM
    Why Is H-1B A Dirty Word?
    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:



    * H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
    * The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    * The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    * The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    * The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.

    Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.

    source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form




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  • Leo07
    09-13 11:18 AM
    Let's not fool ourselves with these petty differences.

    Cheers!




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  • Dierks Bentley and Blake


  • WaldenPond
    01-07 12:54 PM
    Hi All,

    I am a new user to this forum. I have been reading all the messages in this forum silently from the past couple of weeks. This is very interesting to see lot of efforts are going on to get the relief from the retrogression. I am also one of the victim for this. Here are my details.

    Labor PD: 19 Nov 2003.
    Labor Approved: 17 Nov 2005
    140 filed: 5 Dec 2005.
    AD???????

    Hello gcloker,

    It was very nice talking to you just now. We feel that motivated individuals like you can really make the difference with this effort.

    Thanks You for extending your active volunteering and participation with this effort. Please continue to invite more of your friends and we will together make it happen.

    -WP



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  • rjgleason
    October 23rd, 2005, 04:44 AM
    Very nice Michael.....I would be interested in knowing the shooting parameters of these shots, what lenses used, etc. Also, your lighting set-up.




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  • 17 May 2011 Miranda Lambert


  • puskeygadha
    05-22 11:33 AM
    My question was

    how long after the comment period the rule will be implemented from
    past experience



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  • gc4me
    07-05 08:45 PM
    I have sent a request 5 months back to FOIA to get my I-140 copy. No luck yet.

    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.




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  • looneytunezez
    04-08 04:17 PM
    Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)

    China: none to three weeks expected through July. No August or September estimate is possible at this time.

    India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.

    Employment Third:

    Worldwide: three to six weeks
    China: one to three weeks
    India: none to two weeks
    Mexico: although continued forward movement is expected, no specific projections are possible at this time.
    Philippines: three to six weeks

    Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.

    Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)

    INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.

    The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
    As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.



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  • prem_goel
    01-13 06:59 PM
    Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
    And please guide me on things to keep in mind while going for stamping.

    Thanks.

    Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)

    i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.




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

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



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  • abhi_022001
    01-10 06:08 PM
    I lost my job in november end ...I was working with one of the top most company in IT consulting in US(EDS/HP/CSC) like....in SAP field .Company was loosing pojects and bench was getting bigger...

    I was lucky enough though to get another job within a month in somewhat stable industry in oil & gas..




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  • a_paul1
    03-30 01:48 PM
    If no, you deserve this and rot in hell.

    How in the world did you get so many greens??

    You have done your bit. Great! But that doesnt mean everyone has to believe in what you believe. You are acting as if you made a mistake by contributing to IV because other people are not contributing and that is frustrating to you. Please don't think you are doing a favor to anybody by contributing to IV. You are doing it for your own benefit. If somebody doesn't want to contribute, that's fine. Nobody needs a preaching here.

    Contributing to IV is not the only possible contribution that a person may make to this world.



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  • asharda
    07-13 10:47 AM
    Its a good idea but make sure you guyz are comfortable. It must be hot out there.
    Have every one wear white as the color of peace/silent protest/sadness.




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  • amitga
    11-15 03:48 PM
    CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?


    He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008



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  • Related Links: Miranda Lambert


  • asharda
    07-13 10:47 AM
    Its a good idea but make sure you guyz are comfortable. It must be hot out there.
    Have every one wear white as the color of peace/silent protest/sadness.




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  • mrdelhiite
    07-12 08:25 AM
    You can start by making small money contributions to IV. also please tell all your friends to do the same. thanks
    -M



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  • haider420
    06-12 07:53 AM
    PLEASE HELP ME OUT!!!!

    i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
    -my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
    -how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
    -if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??




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  • adobe howm
    09-03 01:02 PM
    I just called USCIS and confirmed with TSC and 2nd level customer service center that my case is approved on monday 09/01/09 SLUD date even though i have not recieved email for same.. Thank you all and good luck.

    Could make sure that you have had a soft LUD on your portfolio is what made you to call CIS ?




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  • walking_dude
    09-07 02:22 PM
    My apologies if the post was out of context. Didn't want to open yet another thread here.

    I have only one E-mail id - lobbyday@immigrationvoice.com - which is being used by everyone to send their details for setting up the meetings. I don't have any other E-mail ids with me [ except the volunteer who contacted me]. Which one should I use? Lobbyday@IV or the volunteers E-mail id?


    Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.

    Walking_dude,

    If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.

    Hope you understand what we are trying to say.




    thomachan72
    07-20 03:14 PM
    the link does not work. pls check




    nogcyet
    07-17 12:05 AM
    my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com

    wonder why different attorneys have different requirements

    Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)



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