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centaur

02-09 11:09 AM

Excellent idea.

Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!

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coolvigo

07-15 04:56 PM

Check this thread:
http://immigrationvoice.org/forum/showthread.php?t=20100

Also check this link where couple ppl spoke with their lawyers and they said we can apply for I-485 by attaching photocopy of old I-140 since we have and are applying for PD port.

http://www..com/discussion-forums/i485-1/114468227/

PS - I am also in same boat. I have not been able to talk to my lawyer yet since he is busy :rolleyes:

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zCool

01-30 01:41 PM

Sent email to all the ones below..
Use following list!

editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
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admin

04-03 07:32 AM

Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:

http://darwin.nap.edu/execsumm_pdf/11463.pdf

Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.

IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.

brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.

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piyu7444

05-11 01:56 PM

Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.

Good Luck. I am also using AC21.

Please ask your lawyer once again as what I have read on IV or any other website about AC21 is that job title does not matter but job descriptionduties is what matters..........This is the first time I am reading that Job title has to match.........and if thats true ( I dont think its true) then a lot of people will be screwed coz 99% of time even if its the same job no 2 companies will have the same job title..........

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binadh

10-02 11:22 AM

Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?

What the &*^% is going on? !!@$%ing DOL.

:mad:

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ramus

06-20 12:54 PM

It is fine.. I am in the same boat..

Right now she is on H4 . So just mention her status as H4.

I would suggest to go ahead and apply for her EAD and AP.



and since we are filing for AP now, i'd mention H4 on AP. is it right?

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pappu

05-20 08:31 PM

Good post

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kminkeller

03-09 01:00 PM

Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?

Please give me some advice. Thanks in advance.

KM

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mrdelhiite

08-07 09:30 AM

I have already filed on July 2nd.
i am sending my spouse's in the next few days.
I am doing:
i-485 - $ 325 + $70
i-131 - $170
i-765 - $180

using FEDEX delivery
to the following address:

Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227

If anyone think that I am wrong, please correct me.


Can you share the list of docs u are adding to her application ? Also where are u based and is there a reason why u selected TX ?
-M

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chanduv23

06-16 11:10 AM

I think we need the list of new congress men/ women to call as part of phase 4 of the campaign.

Concentrate on your local lawmakers and CHC members. Sometime back, IV experts told us that we need more republican support too so concentrate on republican lawmakers too.

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eb3India

04-13 11:00 AM

Also, one should know we are not getting help from our group, I know many guys who are effected by GCs in my office in my neighbourhood, I can't even get them to make one call to senator office,

how do you expect some other organization to help us, when we can't help ourselves

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sury

11-15 04:17 PM

can anyone reply on this..!!

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atul555

12-14 10:57 PM

My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,

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inskrish

08-31 01:39 AM

So.. if anyone has the info on how to register a new country, I'd like to know.



Registering a new country? I hope you are not kidding, needhelp!:)

Regards,
IK

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Saralayar

07-29 09:56 AM

My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

But that petion is based on EB2 :p
Another funny and time pass thread...

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pmb76

07-17 01:16 PM

DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.

Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.

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number30

03-29 06:02 PM

You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

Yes That is the way. You have three years to ammend your tax return. It is simple and common

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pdakwala

03-01 08:04 PM

Support IV now or else start packing bags. There are few things that you can do and that is not difficult.

1. Become member of IV
2. Support them by contributing money.
3. Support them by taking part in conference call and meet the lawmakers.

You can do it. By the way stop giving others BS that

1. We are on H1B and so no one will hear us.
2. Is it legal or illlegal to contributing money.

These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.

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Blog Feeds

02-01 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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axp817

02-03 07:14 PM

"The AC21" is just a letter stating that you have switched employers and have a new job in the same occupation, similar wage, etc. under the AC21 law, in no specific format.

My AC21 letter which was drafted by the attorney just states the above and is addressed to the USCIS on my behalf. I am the only person that has signed it, the only attorney reference on there is for sending any correspondence.

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