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lazycis

12-10 03:08 PM

To keep your AOS all you need is to make sure your new job has the same or similar occupational code. H1b transfer does not matter.

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dipsangel

07-20 09:40 PM

Guys,

I have talked to my lawyer. I am also the victim of the same mistake. My lawyer has filed G-325 for me and my wife instead of G-325 A.

But my lawyer said that his firm has been filing G-325 for quite a while and had no issues with it.

I hope it should not be an issue. The content on both forms is exactly same.

Lets wait and watch.

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nda050325

07-16 06:22 PM

Sangeetha
This seems to be a new requirement specificed by the consulate.

I havent seen any prespecified format of this letter. But it should contain as much information as possible about your past employment. Some key points would be

Name
Title:
DOJ:
Skillset
Primary duties handled (be as descriptive as possible).
HR Contact Info:

You may want to modify the following template to your skillset:

This letter serves to confirm that Mr. First Name Last name was employed full time in Company name from MM_DD_YYYY to MM_DD_YYYY, in the capacity of OFFICIAL DESIGNATION.

His roles included MENTION ATLEAST 5 BULLET POINTS.
His skill sets included MENTION ALL YOUR SKILLS
He has successfully completed the TRAININGS DONE, and is a Certified GIVE DETAILS.,

Please let us know if you have any questions

Sincerely,
HUMAN RESOURCES
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diptam

05-12 11:01 PM

Generally i see such emails on Friday/Saturday late nights - hopefulgc is doing it Monday :) Just Kidding and take it EZ !!

Things are no so easy - if laws could be changed easily, lot of lobbyists have way more than 1 MM dollar - that's not any big money at US ... Massachusetts Governor Mitt Romney wasted 35 MM personal fortune, Billary Clinton in strangled in 15-20 MM election debt where as Barack has created a historic fund raising record ( who single mother has raised him by taking help from Food stamp )

Everything is not just money (at least in America) - the line of money ends somewhere - even America being a Capitalist Nation. You know why Dick cheney is hated by 75% of Americans ?????:)


We need to raise a million $. Anything less is seeming to just not cut it.
Look where we are now with our half-hearted efforts.


[B][COLOR="Red"]Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln


Brethren.... rise!

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newuser

08-17 09:58 AM

PA dmv sucks..dont worry ...try next day or evening in the same time form diffrent officer...they are some time stupid and they don't know what they are talking..

Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry

I agree with what gcganapati said. Some of folks in these centre's have no idea about these docments. I had mine renewed twice before. First time, I did renew online and they sent a receipt that I took to the DMV center, no problem at all.

Second time, as we want to change the address, they started asking all the documents like 485 receipt notice, EAD, proof of address. It took half hour for them to check in their system (God knows what they are checking) and issued the license.

If its very urgent, try other DMV center's or pay the fee online and take the receipt and get the license renewed at the DMV center.

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kishdam

03-20 12:39 PM

And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.

I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves? Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how?

Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.

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MISSION ACCOMPLISHED;)

kaisersose

02-15 11:18 AM

The mailroom clerks who open mail and process initial information are generally functioning a in a dumbed down mode.

USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.

It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.

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GC_2007

12-22 12:09 PM

http://www.immigration.com/newsletter1/h1bguidextn6yr.pdf

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h1b_forever

08-13 01:52 PM

I have heard for short term consulting projects, they are supposed to provide the duration of a project and say, it is for 3 months, h1 gets approved for 3 months

Next project, get a new h1, so, if you add that up, they can collect 600 Mil

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lifestrikes

02-15 03:44 PM

I have set Google Alert for instant Email notification for news from Zoe Lofgren. No updates yet.

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Ann Ruben

05-15 04:38 PM

no worries. my response should have been more precise.

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vinvin24

08-27 11:34 AM

I am in Miramar, FL. Do you meet regularly in SF?

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pappu

12-19 06:46 PM

core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.

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jvs_annapurna

04-20 02:32 PM

Hi guys
There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.

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saketkapur

09-16 05:25 PM

done

CNN=Corrupt Naitivist Network

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bobzibub

09-19 05:55 PM

Excellent Strategy

For the lay person to understand the economic consequences of skilled immigration, one can ask what would happen if they took a million highly skilled American workers out of the economy. That would clearly be bad.
How would the removal of a million skilled non-Americans be different? The economy as a whole would take a major hit in both cases.

Cheers,
-b

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a_yaja

02-17 09:32 AM

I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?

thanks.

I mentioned the following:
"Need to visit family in home country from time to time given the long adjudication process for I-485"

For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).

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snathan

04-15 06:32 PM

Hello,

You have no idea how I am desperate and will appreciate your help.

I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

My only visa has really been revoked so I really overstayed 7 months.

Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

Thanks a lot for your advises

As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..


Good luck

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zCool

07-16 07:21 PM

I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!

Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?

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pitha

06-11 12:25 PM

if you saw any of the news shows over the weekend everybody says the chances of this passing the senate are about 33% and even if it passes the senate it might not pass the house. even kyl was skeptical about its chances. this is our chance, lets oppose this bill tooth and nail. no bill is better bill for us as long as kennedy, kyl and durbin are around. please oppose this bill

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Blog Feeds

01-27 08:30 AM

Summary

(LINK TO FULL REPORT BELOW)


Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.

In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.



Recommendations

Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.

Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252


Matters for Congressional Consideration


Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.

Status: In process

Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.

Status: In process

Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.

Status: In process

Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.

Status: In process

Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendations for Executive Action


Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.

Agency Affected: Department of Homeland Security

Status: In process

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.

Agency Affected: Department of Homeland Security

Status: In process

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.

Agency Affected: Department of Labor

Status: In process

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.

Agency Affected: Department of Labor

Status: In process

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.








VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)



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