Tuesday, June 7, 2011

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  • kapil_jn
    09-07 11:26 AM
    Have sent the details.

    And forwarded the mail to FL yahoo group as well.




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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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  • gee_see
    10-19 10:08 AM
    My question is can the salary go down ? and what are the risks?. I think salary increase is not an issue. What about salary decrease?

    Thanks




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  • webm
    04-21 01:24 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.


    Congrats!! dude...:) really a magic...


    -----------------------
    EB3-I Oct 1,2001
    485 RD June,2007 --TSC (waiting/hope)



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  • White hot: Mollie King dazzled


  • gparr
    May 22nd, 2005, 08:29 PM
    My business travels took me, once again, to Las Vegas. Armed with a polarizer and more time on this trip, I was determined to do a better job of photographing the views in Red Rock Canyon than I did the last time. Was able to shoot in the canyon area at both sunrise and sunset. I'm much happier with the results this time. Here are three of my favorites from the effort. Several more in my gallery. Comments/critiques appreciated.
    Gary

    http://www.dphoto.us/forumphotos/data/500/rrc06.jpg

    http://www.dphoto.us/forumphotos/data/500/rrc03.jpg

    http://www.dphoto.us/forumphotos/data/500/rrc04.jpg




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  • She is SO cute!


  • gchopes
    02-11 10:00 AM
    Can one have valid H1B (I-797 only) and then travel on AP and return? This way he / she doesnt have to get a visa for H1B when returning. Any inputs?



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  • Cute Cakes amp; Cupcakes


  • REEF�
    06-06 05:28 PM
    I voted for those 3 vector ones and mine and a few more lol. I hope the guy who made the 3 vector ones with the birds/monkey thing wins - those are awesome.




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  • The house is empty,


  • glen
    08-02 04:45 PM
    interested in charter/car pool
    I am from Tallahassee and interested in travelling to DC for September 13th Rally.

    Anyone else interested from North Florida?

    South Florida members please inform me about your travel plans. I will like to join you guys, in case I don't find anyone from North Florida. Thanks.



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  • guygeek007
    07-19 09:07 AM
    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.




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  • Hannah S 2011 Short Prom Dress


  • pappu
    08-07 10:31 AM
    The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

    IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointment with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker guide that we have on the website, http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
    The State Chapters will be organizing state level calls to coordinate this effort. You will be given detailed instructions and given documents to carry for these meetings. If you do not have a state chapter in your state, please join a nearby state chapter. You will be verified and included. Anonymous and unverified members are not given access to state chapters. You can find state chapters here: http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

    In summary there are four parts to this action item

    1) Please start taking the appointments with your lawmakers now. Once you schedule these lawmaker meetings, please post the details in your state chapter yahoo/google group (date of the appointment and the lawmaker office) so that these efforts will be coordinated with others from your state chapter / local area. Do not post the details of your appointment on this thread.

    2) We will be organizing conference calls in the coming weeks for members who are participating in this action item.


    3) Once you have your meetings, please email the details and feedback to info at immigrationvoice.org to help us follow up with their DC office with your feedback.

    4) If you are a state chapter member, set up a conference call any time starting this weekend to execute this action item. If you do not have a state chapter, join the conference calls of your nearby states for guidance. State chapter leaders will however verify you before giving access. State chapter leaders will find further updates and instructions in their state chapter leader forum.

    We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.

    Thank You.
    Team IV



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  • I really love this dress on


  • gc_on_demand
    05-22 10:18 AM
    Hello -

    if they are to terminate concurrent filing. How long would it take for
    the rule to take place. This includes 2 months comment period and all

    Thanks

    P :)


    I think after comment period with in week they publish rule in federal register.

    So at max by aug 15th they will make this rule.




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  • This party turned out so cute


  • sw33t
    05-07 12:25 AM
    The Civil Rights Division's Coordination and Review Section can handle individual complaints alleging discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice.

    http://www.usdoj.gov/crt/cor/index.php

    Most major city police departments receive grants from the DOJ.

    Here is the Dept. of Justice website giving more information -

    http://www.usdoj.gov/crt/split/complaints.php#Police

    Don't try going to the department directly or filing a form directly. Not recommended as they will not be friendly.

    Also contact your local community organization leaders and let them know about the incident.

    It might be a good idea to setup a protocol or a process in place in the event something like this happens again. Memorize a contact number and educate your family members on what to do.

    Here is more information on your rights if you are detained or arrested -

    http://www.msba.org/departments/commpubl/publications/brochures/legalrights.htm

    The above link is a compilation by the Maryland Bar Association but it is pretty close to what you can do and what you can't.


    File a complaint over here - http://www.policeabuse.com/index.php?option=com_performs&formid=44 if you live in a small town/city. Its Free.

    BTW, this is a very popular technique to evict a neighbor who is not wanted around. :) But then again, I might be speculating about your living situation.

    I hope you did not commit an act of domestic violence.



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  • hat and tail is very cute


  • seahawks
    11-04 01:26 AM
    non compete will not allow to work with the same client through a different consulting company.




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  • See more Petite Clothing


  • gk_2000
    02-03 08:16 PM
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.

    I would say it's iterative, not recursive. But congrats anyhow



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  • thomachan72
    01-21 12:07 PM
    I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)

    What do you think?

    I agree 101%:D:D




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  • The Christmas Day Outfit rests


  • GCBy3000
    04-17 10:29 AM
    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.



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  • masterji
    10-20 01:19 AM
    I think it is best to get your H1B stamped in India and also carry AP with you (if possible) as a back up. Stamping in home country is the BEST and SAFEST. I do not know why so many people get it stamped in Mexico and Canada. Previously, when you could still enter US from Canada with a refused visa,it made sense, but now if they reject your visa you need to fly to India!!!

    But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?

    Not a lawyer.




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  • trramesh
    11-19 07:55 AM
    If you know any of your friends that qualify for the survey but have not participated, pls ask them to fill it in. The more data we have, the more it is to our advantage.




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  • FredG
    August 27th, 2004, 08:57 AM
    I'm with Don.. although I have a camera in phone, it's got less resolution that a hungover coke bottle dipped in vaseline jelly peering through the polar ice cap after a three night binge on beer, whisky and crack. ...
    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....Rob, What have you been eating? :D




    dpsg
    04-08 01:04 AM
    Please use more professional subject. All this information is in public domain
    & lawmakers like other's if get to read this will have a negative effect.




    jamesbond007
    12-03 12:48 PM
    Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.

    Check to make sure the CPT from that university does not have any conditions on the type of employment you can take under it. And also check the number of hours you can work under that CPT - fulltime/parttime?.



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