Tuesday, June 14, 2011

Isuzu Axiom Problems

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  • Hermione
    09-27 08:49 AM
    Law abiding? I beg to differ. Application for asylum goes to court only if the petitioner spent more than one year illegally in the US.

    That does not change the fact that the immigration system is broken, I just want to point out that what is considered to be "law abiding" or "law breaker" is aften very-very relative. We are all in the same boat.




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  • villamonte6100
    08-21 09:39 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.

    Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.




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  • Appu
    04-06 10:33 PM
    If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.


    That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.




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  • kumar1305
    02-24 01:57 PM
    I think that's what is happening. Few of the people already mentioned that they got the extension for the project period mentioned.
    I do not personally know any one, this is all what I read or heard.



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  • permfiling
    02-09 09:13 AM
    I don't think saying "moving back to india" is a good option especially in a small world




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  • pappu
    12-01 04:44 PM
    Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.
    I dont think you can change now.
    However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.



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  • sapota
    02-27 01:51 PM
    From March 05 to Sep 06 data can be found at :

    http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf

    This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.




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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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  • rb_248
    01-31 12:21 PM
    Who is United Nations? From your views, it seems like United Nations is a pretty strong asset. Please post more information.




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  • pkv
    09-13 01:17 PM
    What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people

    why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
    1. Capture lost Visa numbers
    2. Get rid of country quota.. how does this country based quota makes sense in EB Category??



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  • desi3933
    02-26 06:04 PM
    Original LCA salary is like 58k and current one is 40k

    Odd are that you are out of status and this may prevent you seeking another change of status.

    Please consult your attorney.

    _________________
    Not a legal advice.




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  • gsc999
    07-17 02:38 PM
    http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
    --
    I couldn't help post a reply. I was trying not to add to the buzy server traffic.

    Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.

    Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.



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  • gc28262
    04-08 06:27 AM
    Looking at this issue, isnt' it USCIS who is at fault here ?
    How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?

    This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.




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  • simplefun
    07-01 01:08 PM
    Yes, pending I-485 applicants can absolutely get FAFSA. I have received funding for my MBA at Haas and know many others who have received funding as well. If you need any information, send me a PM and I'll respond to your queries



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  • desi3933
    06-11 02:39 PM
    I am in my 8 yr. Have a H1-B approved Untill 2008 Dec

    Have a EB3 Approved Labor and 140 from Company A.

    Now as of today if I move to Company B ...

    Question :

    Can I get a 3 yr Extension based on Company A (140 Approved )
    that is from june 2007 to june 2010

    OR

    Do I get my H1-B untill 2008 Dec ?
    ----

    When I move to Company B is there anything that I have be aware off as
    I am planning to pally Eb2 and move the PD from company A
    My PD : EB3 Jun 2004

    Thanks Thanks Thanks Thanks

    3 year H1 extension from date of application (for example: June 2007 to June 2010).

    If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.

    --------------------------------------------------------------------
    Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.




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  • nozerd
    02-25 03:57 PM
    I would like to ask the same question but a bit more specific.

    For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?

    Thanks



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  • Humhongekamyab
    06-04 11:02 AM
    You have a decent amount of money in your account(s) and the bank should be obliging you. If I were you I would take my money out of the account and deposit it in a bank close to where I live (BOA has branches all over the US so that might be a good option) and then get a letter from that bank. You can then send this letter along with the statements for the last six months from the previous bank. Don't let this stupid bank treat you like this; if they are not giving you the letter then they don't deserve your business. Go to the local branch of a bank and tell them that you want to open and account and move $12000 from the other bank; there is a good chance they will give you a letter for free.




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  • MetteBB
    06-06 02:30 PM
    Yeah that green one with the bird is posted twice... giving the greater twice the chance to win :lol: cool if he get's both first and second place :D


    hehehe

    /mette




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  • nirdlalegcade
    02-26 12:34 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!




    vicks_don
    04-18 03:04 PM
    thanks felix 31.

    I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.

    just one question.
    when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like

    a) does the receipt number change
    b) when we input the previous number in uscis.gov does it say that your case has been transfered.

    Thanks for your reply.




    gconmymind
    04-10 06:10 PM
    its funny. everyone is talking about recession, weak dollar, foreclosures, job cuts , etc etc. but the number of h-1b applications continues to rise each year (last year it was 123k, this year it is 163k).

    isn't this a funny and/or strange statistic ? :confused:

    anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.

    -a

    There should be stricter provisions on starting dates for approved H1s. There is no compulsion for a company to use an approved H1 if it doesn't want to. Companies apply in anticipation of demand and will eat their losses (H1/lawyer fee only. They will generally not send an employee to USA until they find a project) if they dont find a project. This is especially true of service based companies, desi or otherwise. Development companies like Microsoft, Google, etc. will not aply for H1 in April and ask the candidate to start in, say, March of next year. I think they will need to start applying for their overseas employees based on demand at their US work location in the future so they dont lose out in the hunt for talent..

    It will be interesting to see how many H1s actually start working within 90 days, 1.e. by 1st Jan. If they dont, it clearly means (in most cases, in my opinion) there was no real demand...

    Increasing the quota will do no good...I think the lottery is here to stay for a while. Goodluck to everyone in the lottery!



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