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  • Berkeleybee
    09-01 08:39 PM
    Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.

    It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)

    He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.

    Google the guy, you'll see his rage all over the web.

    These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.

    best,
    Berkeleybee




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  • srh1
    10-28 07:03 PM
    can any one reply to this thread please




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  • Soul
    06-12 07:32 PM
    lol you really want it? :P




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  • gc_check
    09-08 08:14 PM
    No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.



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  • santb1975
    02-14 06:08 PM
    Are we??




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  • dealsnet
    11-09 10:13 AM
    You can check all LUD and all statistics by google. Add your case after log into google. see the link for details

    http://imminav.com/gadgets.php



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  • BECsufferer
    04-19 09:45 AM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.


    Dude!

    You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)




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  • nousername
    04-07 01:12 PM
    What the hell.. Can someone please explain this in plain English?

    AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)



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  • waitingnwaiting
    01-06 01:13 PM
    Yesterday, Rep. Darrell Issa of California introduced H.R.43 to amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas (50,000) to certain employment-based immigrants who obtain an advanced degree in the United States. The bill has been referred to the House Judiciary Committee, which will be chaired by Rep. Larmar Smith of Texas. House Immigration Subcommittee will be chaired by Rep. Steve King of Iowa. The Homeland Security Committee will be chaired by another King of New York.

    http://thomas.loc.gov/cgi-bin/thomas
    H.R.43
    Latest Title: To amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.
    Sponsor: Rep Issa, Darrell E. [CA-49] (introduced 1/5/2011) Cosponsors (None)
    Latest Major Action: 1/5/2011 Referred to House committee. Status: Referred to the House Committee on the Judiciary.




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  • letstalklc
    10-07 10:37 AM
    Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?

    I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.

    Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.

    Thanks.

    If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)

    Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.



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

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




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  • pappu
    03-17 03:53 PM
    Some recent news from USCIS.

    ======================================

    H-1B Cap Exemptions Based on Relation or Affiliation

    Released: March 16, 2011

    USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

    Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.

    Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.

    USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.

    The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.



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  • minimalist
    08-13 02:15 PM
    Come on guys, give him a break.

    His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.

    We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.



    Thanks

    No malicious intent. All praise for VLDRao.




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  • anurakt
    01-08 09:21 AM
    I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.

    This was for my H1 and my Spouse's H4 visa.

    Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?



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  • ushkand
    07-20 10:44 AM
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.




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  • srikanthmavurapu
    08-16 02:35 PM
    Hi Hebron,
    I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
    Thanks,
    Srikanth



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  • priderock
    05-15 12:48 PM
    Is there already a poll like this for EB3?
    Yes I have seen one for EB3 ...
    http://immigrationvoice.org/forum/showthread.php?t=4440




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  • immigration1111
    06-11 10:35 PM
    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!




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  • rp0lol
    08-26 01:30 PM
    Also, keep in mind that sometimes you don't get your passport back in time for H1 stamping. So, if you are stuck without passport then .....(you know the rest)




    gcformeornot
    04-07 01:48 PM
    I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

    This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.

    it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...

    "applicant failed to establish that the substituted alien improperly adjusted status"




    buddhaas
    02-02 03:57 PM
    Why Is H-1B A Dirty Word?
    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.

    source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form



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