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  • avi101
    04-12 04:41 PM
    I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.

    An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.

    Source:
    http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm

    From above Source:
    ---------------------
    DATES: Interested persons are invited to submit written comments on the
    proposed rule on or before April 14, 2006.

    ADDRESSES: You may submit comments, identified by Regulatory
    Information Number (RIN) 1205-AB42, by any of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov.

    Follow the Web site instructions for submitting comments.
    E-mail: Comments may be submitted by e-mail to
    fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
    the message.




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  • trance
    07-20 09:38 PM
    Hey Dealsboy & Pagal,

    Thanks a lot for your input. I really appreciate it.

    Its a tough decision that has to be made.

    Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.

    Do attorneys have any thoughts on this?

    Thanks,

    Trance




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  • cessua
    06-09 06:37 PM
    So are you guys saying that if this bill passes and it is signed by Bush it won't really help the EB3 group?

    Shouldn't we see the priority date moving fast with the stuff below?:

    For US Master and higher degrees;
    For Medical specialty certification based on post doctoral training experience;
    For STEM degrees who have been working in a related field during a 3 yr; period preceding their application for an immigrant visa;
    Spouses and children of EB applicants;




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  • yabadaba
    07-12 08:47 AM
    what the hell is AILF doing????? why hasnt the lawsuit been filed yet????



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  • jackdaniels
    06-11 06:46 PM
    http://www.time.com/time/nation/article/0,8599,1631758,00.html?xid=rss-topstories




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  • Nanda
    07-11 11:00 PM
    I am in Tampa. Let me know if I can help in any way.



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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)



    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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  • ita
    01-23 03:15 PM
    Did you mean the perosn filling the form or people visiting (between 15-55 years of age?)

    I finished D156 but didn't show 157 form

    Thank you.



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  • regacct
    11-12 11:03 AM
    FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)

    Find answers to your questions Sect 15: Converting categories/statuses




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  • WaitingYaar
    10-01 12:32 PM
    My PD is current, and also my processing date is outside the processing times currenlty published by NSC and I140 is approved. Not sure why AOS is still pending. Any thoughts? What I should do to expedite this. Thanks.



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  • immi_seeker
    07-12 08:31 PM
    Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.

    What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?

    Service center is nebraska




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  • thepaew
    09-24 02:45 PM
    Hello Seba

    If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.

    Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.

    I am not an immigration expert - so please seek an attorney's advice.

    Wish You the Best

    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.



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  • logiclife
    04-13 11:23 AM
    We have to first have confidence on our own strengths. We are a 10.5K strong group and well poised to become the largest grassroots advocacy organization of high skilled immigrants.

    Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.

    No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.

    There are people in Washington DC who influence congress as their profession. They are called "Lobbyists". Like the ones we have hired, with Patton-Boggs.

    And then there is an organization like Immigration Voice that is raising funds to pay for lobbying.

    What value can an Indian American organization add that Immigration Voice and professional lobbying cannot add?

    Indian American Organizations have been educated many many times about this problem by Immigration Voice. We have told them that if you represent the 2.3 million Indian American Community, then you should be working on this issue, because this issue affects 1 out of every 5 Indian Americans of that 2.3 million.

    Well, they have shown very lukewarm response.

    And frankly, they have other agendas and we shouldnt honestly expect them to do our bidding.

    We call ourselves highly skilled, implying that we are reasonably wellpaid. Also, we are 500,000 strong. And we have an organization to raise money and pay for lobbying. So why CANT WE HELP OURSELVES?




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  • nixstor
    12-01 02:48 PM
    Guys,

    Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?

    Thanks



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  • varshadas
    02-10 05:31 PM
    Guys its important to contact your local congressmen. There are a lot of congressmen in your state who are opposed to immigration. Please gather people to contact your local congressmen




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  • PMisYMMV
    09-03 11:55 AM
    I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.

    Thank you for sharing the boat. Although, it is better than being lonely, I don't want anyone in this dilemma.

    I hope we both get ours soon, hopefully by EOD today as other poster was wishing.



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  • priti8888
    10-02 12:30 PM
    --------------------------------------------------------------------------
    In June/July 2007 they allocated visa numbers to various applications based on RD.

    Say Mr A with a PD of 2004 applied for 485 on July 23.
    But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.

    Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.

    Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.




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  • gen_tp
    09-02 12:48 AM
    Immigration Voice:

    NSC:

    cokeraj Jun 2004
    sjagadeesan Jun 2004
    nni123 Aug 2004
    Nashim (co-worker) Nov 2004
    aachoo Dec 2004
    kurtz_wolfgang Dec 2004

    TSC:

    ganesha Apr 2004
    NolaIndian32 04.30.2004
    inskrish May 2004
    Tortoise May 2004
    GCWhru (dependent) Sep 2004
    lotus26 (dependent) Sep 2004
    adriansquare (NIW) Oct 2004
    GCNirvana Dec 2004
    mpek Dec 2004

    Service Center Unknown:

    arav_m Dec 2004


    NSC:

    hope1234 04.05.2004
    ms665 04.07.2004
    Wantgc191 04.14.2009
    mitulpatel 04.15.2004
    whenever 06.10.2004
    srsga 06.30.2004
    nandyap 10.18.2004
    priderock 10.27.2004

    TSC:

    ItsGCTime 03.16.2004
    rghrdr777 04.01.2004
    sreenip4 05.04.2004
    EduKondalaVada 05.22.2004
    curryimmigrant 07.17.2004
    LongHuntforGC Aug 2004
    rajesh144 08.08.2004
    crazy4gc 08.18.2004
    msb0 08.28.2004
    mallu37 09.13.2004
    simran (dependent) 10.03.2004
    ksknov2004 (dependent) 11.01.2004
    vurramass 12.11.2004
    tinkerer 12.13.2004
    awaitinggc 12.24.2004
    vb2012 12.24.2004
    surmut 12.28.2004
    greenedtoday 01.05.2005




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  • needhelp!
    03-24 12:18 PM
    Windows Media: http://wamu.org/audio/wamu.asx
    Real Audio: http://wamu.org/audio/wamu.ram
    MP3: http://wamu.org/audio/wamu.m3u

    Guests:
    Robert Hoffman, Vice President of Government and Public Affairs, Oracle

    Ron Hira, Assistant Professor, Public Policy, Rochester Institute of Technology; Author, "Outsourcing America: What's Behind Our National Crisis and How We Can Reclaim American Jobs"
    Mark Bartosik, Software Engineer; Member, Immigration Voice




    reallow23
    09-28 05:25 PM
    Hello Everyone,

    I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....


    Thanks
    Anan:confused:




    pappu
    08-14 09:54 AM
    The IV Advocacy kit is now available to all donors and state chapter leaders. Please contact your state chapter leaders to get the kit.



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