Sunday, June 26, 2011

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  • Beta_mle
    02-20 06:52 PM
    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.

    Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.

    Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?

    Thanks!




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  • valuablehurdle
    05-06 11:48 PM
    No they did not book any charges against me..How could they that? We did nothing illegal. It is just the whole episode took place ..It has shaken me and my family.
    I donot know any lawyer.. Moreover, I am not sure whether it is advisable to go to a lawyer or not... not sure how major the issue is for them..
    Moreover, will this affect my Green card process if I start suing these govt. people?

    I am just confused...




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  • ItIsNotFunny
    12-02 01:34 PM
    Imagine if someone has a cancer and he goes to a doctor and doctor tries all kinds of medicines and it does not work. He does get some relief in the pain though. So do you think the patient should ask for refund for all the money spent?

    Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.

    Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?

    You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.




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  • hazishak
    08-01 11:12 AM
    Thanks for your quick reply :)



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  • needhelp!
    08-31 12:32 AM
    We just had a laugh discussing this, I hope you do too :)..NO.. but back to my initial question, just for Curiosity's sake

    Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...




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  • augustus
    10-08 05:57 PM
    Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.

    Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!

    Please help me, my husband also has no clue..



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  • nocomment
    09-27 04:41 PM
    Why would IRS care how you perform your full time job. IRS's responsibilty is to collect taxes on our earnings, and it doesnt matter you trade 100 or 1000 stocks per day as long as you file schedule D.

    Short term trading is gambling, you wont come out of the game until you lose. Long term is the way to make money.




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  • va_dude
    11-06 05:24 PM
    This is exactly the piece-meal approach/bill that several people wanted to support.

    But i think IV core is backing CIR.

    My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.

    Need to back this bill.



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  • nixstor
    07-01 01:26 PM
    I am not sure if I am reading this right or not, go this page

    http://www.imminfo.com/resources/cis-sop-aos/3-7.html

    and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.

    So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?


    Guys,

    Can some read the SOP in the above quote and figure out what they are trying to say?




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  • Blog Feeds
    01-26 08:40 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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  • Madhuri
    02-24 05:17 PM
    You first need to apply for SSN based on your pending I-485 application.




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  • pappu
    12-19 03:15 PM
    Thank you paskal.



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  • wandmaker
    11-18 10:37 AM
    shutterbabe: Prior to July fiasco, EAD is issued after regular FP; but I have not heard of separate FP to process EAD for Paperfiling cases. If you (have) efile(d) your AP, you will get a separate notice to FP for EAD without that your EAD will not be issued. I would advise you to take an inforpass appointment and discuss with I/O. At the worst case, you have them open a SR and take it from there.




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  • newuser
    08-17 12:10 PM
    For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.

    I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.



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  • spoly
    09-17 01:43 PM
    Dear folks,

    I tried to help your mission. I offered my talent, time, and my experience of delivering messages.
    Written to the forum and called in several times, was promised to get a call back.
    And was not contacted, nor called.

    And here is my message for you:
    You do not care about immigration reform - you care about your own green cards. You care ONLY about daisy consultants, such as yourselves, and you are not ready to address issues at large.
    You do not speak on behalf of me, nor you speak on behalf of the mainstream any employment based immigrant.

    Best of luck.




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  • gc28262
    07-11 02:53 PM
    My last EAD renewal was processed very fast from TSC

    Applied: 10/22
    Card Production Ordered: 11/12



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  • leoindiano
    03-17 12:35 PM
    I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.

    So don't buildup your hopes too high. I firmly beleive that very soon there will be a repeat of what we saw last year in July and the green cards will be distributed once again out of order.

    So if you are one of those luck ones, you might get it.

    Good Luck!!

    You must have applied for I-485 after july 1st, correct?




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  • sledge_hammer
    04-22 08:41 PM
    You will get zero supportes for your anti-immigration comments on this forum!

    Go back to your own forum to preach hatred!

    So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.




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  • larmani
    10-16 02:19 PM
    Hi I got FP notice on 10/13. I filed on July 2nd and got receipt August 24 with TSC.




    vikramaditya
    05-01 09:51 AM
    Cool down and complete your story. Hopefully You did not file ur case like this. Just kidding.

    My message is complete .:)




    anurakt
    01-08 09:23 AM
    Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?


    Look at this thread

    http://immigrationvoice.org/forum/showthread.php?t=2636&highlight=Atlanta



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