seahawks
01-31 11:48 PM
Stay focussed, support IV goals, help raise funds, volunteer, spread the word on retrogression and believe in you and for the same cause! Remember, immigration law is complicated, no matter who provides information or posts reply, always consult a qualified attorney for your own case.
wallpaper 2012 August Calendar
ARUNRAMANATHAN
06-12 07:24 AM
immigration1111
Please confirm this .... couple of things USCIS grants for professional with this situvation
1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )
2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware
3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....
Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee
Hope this helps and Good Luck to him !
Arun
Please confirm this .... couple of things USCIS grants for professional with this situvation
1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )
2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware
3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....
Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee
Hope this helps and Good Luck to him !
Arun
tdasara
08-17 07:16 AM
Try Ben Salem, PA. I plan to go there with my EAD and I-485 this month end.
2011 Calendar 2012
aamchimumbai
09-02 06:35 PM
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.
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.
more...
GotGC??
01-02 03:30 PM
Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
Kitiara
06-14 08:01 AM
Well, poll is over, and Soul wins with 29 votes. :)
Normally this calls for some kind of congratulations, but in the light of how truly awful that site is, I'm not sure.... :)
You're a very bad man. :) :beam:
Well done all. :)
Normally this calls for some kind of congratulations, but in the light of how truly awful that site is, I'm not sure.... :)
You're a very bad man. :) :beam:
Well done all. :)
more...
ash27
06-07 12:32 AM
Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..
2010 August 2012 Calendar 355x465
ivgclive
03-09 02:42 PM
You are already in EAD, and hopefully crossed 185 days dead line. Why can't you go with your EAD for rest of your life?
more...
shreekarthik
08-08 11:43 AM
Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.
It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.
For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.
It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.
For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.
hair August 2012 Calendar
gccovet
09-04 09:39 AM
Hi,
I apologize in advance if this has been discussed before.
My case:
Currently working on H1 with Company CURR, on 8th year of H1,
H1 validity Dec 2009.
I-140 approved > 180 days,
I-485 filed > 180 days
Currently have 2 year validity EAD.
Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)
Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
I would appreciate any input on this matter. I need to take some decision very soon.
Thank you all.
Regards
GCCovet
I apologize in advance if this has been discussed before.
My case:
Currently working on H1 with Company CURR, on 8th year of H1,
H1 validity Dec 2009.
I-140 approved > 180 days,
I-485 filed > 180 days
Currently have 2 year validity EAD.
Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)
Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
I would appreciate any input on this matter. I need to take some decision very soon.
Thank you all.
Regards
GCCovet
more...
immigrationvoice1
12-09 10:00 PM
My immigration status is H1 (485 pending EB2/INDIA). I am on the verge of completing my 2 year Masters in Computer Information Systems (MS-CIS) from Missouri State in Springfield, Missouri. Its a distance education Masters program with one week of on-campus residency every semester. The program is geared towards working IT professionals and its accredited by AACSB. The quality of education is excellent and fees is very nominal. I even got my employer to reimburse me for the tuition. Please see the following website for additional information on the program.
http://missouristate.edu/
http://mscis.missouristate.edu/default.asp
http://mscis.missouristate.edu/applicationprocess.asp
Please email me at arshstl@gmail.com for additional information.
Thanks for sharing the information!
http://missouristate.edu/
http://mscis.missouristate.edu/default.asp
http://mscis.missouristate.edu/applicationprocess.asp
Please email me at arshstl@gmail.com for additional information.
Thanks for sharing the information!
hot calendar 2012 december.
HaveQuestions
04-13 01:43 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
more...
house august calendar 2012. august calendar 2012. calendar
talash
04-25 03:15 PM
I 140 denaie d.please help to start new thread
tattoo Big desktop Calendar 2012 May
chanduv23
06-28 03:45 PM
Merge this into the rumor thread please
more...
pictures August 2012 Monthly Calendar
the_jaguar
11-21 02:50 PM
A suggestion to folks sending emails:
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
dresses Blank Calendar 2012 August
eb3_nepa
04-17 04:32 PM
Not sure if this is for us legal immigrants or against us. It says "hardworking americans". We are not americans yet. It could well mean that join the fight AGAINST H1Bs..
more...
makeup 2012 year calendar. August.
hemasar
06-22 09:38 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
My colleague told me that he took only chest X-ray and not done skin test he got his GC.
My colleague told me that he took only chest X-ray and not done skin test he got his GC.
girlfriend august calendar 2012. calendar
![august calendar 2012. [August 2012 Calendar]](http://wwp.greenwichmeantime.com/images/calendar-2012.jpg "[August 2012 Calendar]")
GC08
02-04 05:02 PM
I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
How do you know that they are not? Look at all the deficits, the American government is going to bankcrupcy if nothing is done. I recently read some article talking about American professors/researchers went to other places, like Austalia, for jobs because their research funding was cut.
Americans are very "near-sighted", to some extent. For issues like legal immigrants, they do not need to be far-sighted and worst, to think about you cause you are just one of the persons in the labor pool for American companies to use. Sometime ago, I heard on NPR talking about those Mexican migrant workers. Basically, Americans brought them to America during the time of labor shortage and kicked them out like trash during tough times.
That's always the case.. You are here for Americans to use ... wether you are farmers or professionals. My supervisors once even said that new comers had always been at the bottom of America.
Being positive is one thing, being realistic is another. :cool:
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
How do you know that they are not? Look at all the deficits, the American government is going to bankcrupcy if nothing is done. I recently read some article talking about American professors/researchers went to other places, like Austalia, for jobs because their research funding was cut.
Americans are very "near-sighted", to some extent. For issues like legal immigrants, they do not need to be far-sighted and worst, to think about you cause you are just one of the persons in the labor pool for American companies to use. Sometime ago, I heard on NPR talking about those Mexican migrant workers. Basically, Americans brought them to America during the time of labor shortage and kicked them out like trash during tough times.
That's always the case.. You are here for Americans to use ... wether you are farmers or professionals. My supervisors once even said that new comers had always been at the bottom of America.
Being positive is one thing, being realistic is another. :cool:
hairstyles august calendar 2012. august
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)
(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)
langagadu
06-12 05:56 PM
Paaji msingh, Try contacting Manmohan Singh.
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Dhundhun
09-21 12:26 AM
Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
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