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  • Templarian
    08-19 10:05 PM
    ^Nice work man. I think the hardest part about this little bugger is its nose/mouth. Lets see if anyone else can think of a nice way.





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  • Blog Feeds
    02-05 06:40 PM
    AILA Leadership Has Just Posted the Following:



    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.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)





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  • GreenCard_Soon
    01-02 03:06 PM
    Guys, thanks for your responses ! :)





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  • oldguynewguy
    11-17 04:08 PM
    Hello,

    I am currently on H-1B with AoS pending. My visa stamp has expired (over a year ago) but 797 is valid. My AP has also expired. I am planning to travel to India. Do you recommend renewing my H-1B stamp which is valid for another 1.5 years or renew Advance Parole and travel on that.

    Do I need to extend my EAD even if I am on H-1B and would like to stay on H-1B and do I need to extend my wife's EAD at this time. She is currently not working and there is no immediate need. Can I renew it at a later time.

    Your assistance will be greatly appreciated.

    Thanks.



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  • javaconsultant
    04-30 02:35 AM
    Guys,

    I am not 100 % sure if one can change employer after approved I-140.
    But this is what I checked with lawyer --

    -- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.

    -- Can simultaneously pursue GC from both employers if previous employer does not revoke it.

    Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......





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  • srkamath
    06-28 05:46 PM
    very useful perspectives from other organizations - thanks pappu... this election season will be very interesting.... i hope more rational.



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  • anil_gc
    11-26 05:05 PM
    are you EB1, EB2 or EB3 and which Country?

    EB2-India, PD-Sept 2003, I-485 file Filed 26th June, RD- 4 Aug 2007 , I-140 was approved in May 2007





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  • little_willy
    09-27 01:24 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.



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  • GC_1000Watt
    01-05 04:40 PM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release)

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.



    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.





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  • jackrabbit
    04-11 12:21 PM
    You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.



    Is this true??

    I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?



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  • HV000
    04-07 10:39 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    GOOD. Go get a massage!! :)





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  • ragz4u
    09-01 10:27 AM
    Do not fret. Berkeleybee is still around but not as active on the forum because of extreme pressure at work. I can assure you that BerkeleyBee will be back as soon as the activity picks up to help us with all the stats and understanding the legal languages in the bill. I will make sure Bee is aware that IV members miss her. :)



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  • bkr
    10-26 10:41 PM
    Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.

    I am also in the same boat. LUD 10/18, waiting for AP.
    Received EAD and done FP.

    will keep you posted.





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  • gsc999
    04-20 12:58 PM
    oh my sad soul do not live where there's no peace.[/B]
    ---
    Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!

    Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.

    Please Stop singing the blues and START Ringing(calling) the congress reps.



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  • Pallavi79
    02-21 10:40 AM
    >>Looks like you are on EAD. Are you still finding it difficult to find a job?
    If I am on H1, I could have already packed my bags.

    Here is the temporary crisis for me.
    With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.





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  • cucubau
    10-17 03:39 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    Assuming I filed for I-485 before the retrogression mess.

    Thanks!



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  • hi_mkg
    05-08 03:43 PM
    Thanks Prashanthi for the help. I'll ask my brother to talk to his attorney about 245K option.

    With warm regards,
    hi_mkg





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  • swethanjit
    07-12 11:29 AM
    Hello All,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.

    Please help. Your guidance is truly appreciated.

    Regards
    Swetha.





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  • dealsnet
    11-19 01:49 PM
    It is reported in TOI
    25,000 onsite H-1B inspections - Software & Services-News-Indiatimes - Infotech (http://infotech.indiatimes.com/news/software-services/25000-onsite-H-1B-inspections-/articleshow/5246611.cms)





    rustum
    07-15 04:47 PM
    It should be new procedure for each person.

    Thanks for your information. I have filled out my information and added spouse and child pending cases after adding my case. When i tried to start new procedure for spouse and child, it is giving me error that i have already notified the address change. Asked me to contact back after 45days.
    I guess, it should be ok.





    mdforgc
    04-28 01:33 PM
    I have made my second contribution for 150K by May 1st, comeone guys, we can do it, open your check books. We need to help out our core team with their travel, stay and other expenses for this great effort.



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