Sunday, June 12, 2011

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  • krishnam70
    05-08 11:28 AM
    Now they want to visit client place for the H1b people.

    There are only 415,000 H1-b holders in USA.
    And number of employed labor in USA are 144 million. (as per DOL)

    And we form 0.28% of the workforce in the entire USA.

    Why the hell they are whining about 0.28% ??
    Can anybody tell me if i am wrong with numbers here?

    ---------------------------------------------------------
    05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits

    Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
    ---------------------------------------------------------


    ---------------------------------------------------------
    Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
    Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
    2008: 409,619
    2007: 461,730
    2006: 431,853
    2005: 407,418
    2004: 386,821
    Reach of H-1B Cap in Recent Fiscal Years
    2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
    2009: 1 day
    2008: 2 days
    2007: 56 days
    2006: 132 days
    2005: 184 days
    2004: 323 days
    The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?

    ---------------------------------------------------------

    I know cos it happened at my workplace

    -cheers
    kris





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  • redgreen
    05-10 11:40 AM
    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.





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  • waitingmygc
    04-16 04:08 PM
    RareRFEon485,

    No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.

    Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.

    I think its not a difficult RFE to respond. Consult your attorney for formal reply.





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  • s416504
    02-22 12:14 PM
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    I think she is ok to switch to H1 but you all need to go out of US & Enter with that H1B Visa for switching plus she has to work with H1B sponcer employer.

    Any way share us output after consulting good attorney.



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  • Jerrome
    07-27 12:33 PM
    What was the RFE on the Birth Certificate and 325?. It would be helpful for people who are filling now to avoid the mistakes.





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  • supender
    09-21 01:33 PM
    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
    Thanks



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  • martinvisalaw
    07-30 01:02 PM
    Hi,
    I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
    My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.

    Thanks

    You need a new AP to return to the US after 10/17. CBP usually puts one year on the I-94 for parolees, but that doesn't mean they extended your AP.





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  • calboy78
    08-10 01:38 AM
    It needs action - not talk.

    The system created by DoS and USCIS is highly unfavorable for EB3 people.
    DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
    USCIS is very lame in processing 140 of EB3.

    Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.

    We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.



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  • logiclife
    03-08 02:37 AM
    Hi,

    We are planning an organized way to raise our membership to a level of 10,000 plus members.

    I would like to invite motivated - "Fire in the belly" volunteers :) to help us with this effort. If you are one of the willing members please email me at jay@immigrationvoice.org so that I can send you what you need to organize this. Just send a blank email with subject line: "Membership Drive".

    Trust me, this is one of the most interesting ways you can help immigration voice. Also the most critical one. And it wont take much time from each of you during the day. Just a few minutes per day of your time can make a huge huge difference.

    Let's organize and team up...

    http://i1.trekearth.com/photos/13453/amsterdam_0111b.jpg

    Thanks,
    logiclife.

    Update: 09-MARCH 11:39 PST :O

    Friends,

    This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.

    Thanks,
    Jay.





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  • gapala
    02-04 04:56 PM
    This sounds like volunteering opportunity to me. May be other senior members on the forum will also throw some light on this scenario.
    As far as I know, you can volunteer in any area as long as you do not get paid for those services.



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  • hope_4_best
    07-27 03:45 PM
    [QUOTE=ajaykk]From the below FAQ2 just release by USCIS

    Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
    A21. Yes.

    Does this applies to the applications reached USCIS in June but receipt is not yet issued?





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  • ashkam
    02-25 01:00 PM
    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.



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  • cliffmacnab
    04-17 08:14 PM
    the problem is if it works





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  • Munna Bhai
    12-03 12:24 PM
    Anyone with a detailed answer like logiclife spelled out here?

    No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.



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  • bubbynv
    07-17 06:20 PM
    And Good luck to one and all!!! :)





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  • dilbert_cal
    07-05 03:11 PM
    You need to trust your company lawyer. Apprise him of the entire situation and he will guide you on how to proceed. In my opinion, until you get a RFE, you wont have to do anything.



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  • buehler
    09-03 05:55 PM
    My friend said that opening an SR could lead to a higher probability for an RFE. Is that the case? I know it is not possible to scientifically prove it but is there any anecdotal evidence of it?





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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)





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  • PlainSpeak
    02-23 09:16 AM
    Wow i bought a new toyota in Oct last year and no one asked me my immigration status. Of course i already had a loan with toyota financials for my older car so i guess that worked out to my benefit.
    So i guess if some one gets deniend in one place it is not a dead end. They have other banks and credit unions as options and the best option would be a dealer provided finance as they want to sell you the car





    GCNaseeb
    02-17 12:33 AM
    My 180 days have been passed. My Career was stagnated from last 6 years. I joined a consulting company and asked him the same title as my Labor. At the client I am now IT Director. Who cares? for USCIS, I am still a Sys Admin, but in real world, I am IT Director and people are reporting to me. Wow, what a difference this AC21 brings in!





    nonimmi
    06-11 04:20 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.

    Visit this....

    http://immigrationvoice.org/forum/showthread.php?t=4285



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