
gsc999
04-13 11:32 AM
Lets not despair about lack of support from other organizations. We have 10K+ members now. We are gaining momentum. It won't be long before these organization come to us for support. Given the presidential election looming on the horizon, maybe some of the candidates will need endorsement from us, maybe not, who knows. Lets use this time to meet the lawmakers and educate them about our issues.
I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.
I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.
wallpaper Coloring Pages To Print

aph0025
11-12 09:41 AM
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?

newbie2020
08-17 04:13 AM
PA DMV requires atleast one document which has a later expiry to issue license, Take a letter from her employer stating she will be working in PA until a later date (Say 12/31/2011 eg). Show it to them and they will issue license.
2011 hundreds of coloring pages to

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

waitnwatch
04-03 05:43 PM
I guess Amartya Sen the Nobel Prize (technically not actually called a Nobel) winner in Economics is still a green card holder.
By the way you guys could also check out Prof. C. R. Rao at Penn State. His website is http://www.stat.psu.edu/people/faculty/crrao.html
http://www.amstat.org/about/statisticians/index.cfm?fuseaction=biosinfo&BioID=13
Dr. Rao was awarded the National Medal of Science, the nation's highest award for lifetime achievement in fields of scientific research, in June 2002.
By the way you guys could also check out Prof. C. R. Rao at Penn State. His website is http://www.stat.psu.edu/people/faculty/crrao.html
http://www.amstat.org/about/statisticians/index.cfm?fuseaction=biosinfo&BioID=13
Dr. Rao was awarded the National Medal of Science, the nation's highest award for lifetime achievement in fields of scientific research, in June 2002.

dbevis
December 5th, 2003, 11:13 PM
Could you put a link up to that plug in? I really like that.
I was playing around with it again tonight - I posted a couple more examples in the gallery area, under "landscapes".
This is not a plugin, persay. It's a PaintShop Pro script - not PhotoShop. Here's what the script does:
Split to RGB, discard G & B
"Clarify" (twice) at a high value to deepen the contrast range.
Adjusts the luminance channel to further enhance contrast.
Colorizes the image with a hue value of 160 and saturation a low setting of 20 to slightly shift grays towards blues.
I then added the original full-color image in as a layer and merged the two with partial opacity in (I think) "hue" mode.
The Clarify operation gives it an "old" look by accentuating and muddling the contrast. The lumininance adjustment makes the overall appearance more 'harsh'. The shift towards blue tends to simulate a bit of fading (like an old snaphot, I guess).
The painting-like effect comes from merging in the colors from the original.
Here's the actual script file (it's in the "Python" programming language):
--------------------------------------
from JascApp import *
def ScriptProperties():
return {
'Author': '',
'Copyright': '',
'Description': '',
'Host': 'Paint Shop Pro',
'Host Version': '8.00'
}
def Do(Environment):
App.Do( Environment, 'SplitToRGB', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'FileClose', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Silent,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'FileClose', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Silent,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Clarify', {
'Strength': 4,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Clarify', {
'Strength': 4,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'HistogramAdjustment', {
'LuminanceChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 245,
'HighClipLimitPercentage': 0.01,
'LowClipLimit': 2,
'LowClipLimitPercentage': 0.01,
'MaxOutput': 255,
'MinOutput': 0
},
'RedChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'GreenChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'BlueChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'TargetChannel': 0,
'OverlayResultHistogram': App.Constants.Boolean.true,
'HistogramEditMode': App.Constants.HistogramEditMode.Luminance,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'IncreaseColorsTo16Million', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Colorize', {
'Hue': 160,
'Saturation': 20,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
I was playing around with it again tonight - I posted a couple more examples in the gallery area, under "landscapes".
This is not a plugin, persay. It's a PaintShop Pro script - not PhotoShop. Here's what the script does:
Split to RGB, discard G & B
"Clarify" (twice) at a high value to deepen the contrast range.
Adjusts the luminance channel to further enhance contrast.
Colorizes the image with a hue value of 160 and saturation a low setting of 20 to slightly shift grays towards blues.
I then added the original full-color image in as a layer and merged the two with partial opacity in (I think) "hue" mode.
The Clarify operation gives it an "old" look by accentuating and muddling the contrast. The lumininance adjustment makes the overall appearance more 'harsh'. The shift towards blue tends to simulate a bit of fading (like an old snaphot, I guess).
The painting-like effect comes from merging in the colors from the original.
Here's the actual script file (it's in the "Python" programming language):
--------------------------------------
from JascApp import *
def ScriptProperties():
return {
'Author': '',
'Copyright': '',
'Description': '',
'Host': 'Paint Shop Pro',
'Host Version': '8.00'
}
def Do(Environment):
App.Do( Environment, 'SplitToRGB', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'FileClose', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Silent,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'FileClose', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Silent,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Clarify', {
'Strength': 4,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Clarify', {
'Strength': 4,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'HistogramAdjustment', {
'LuminanceChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 245,
'HighClipLimitPercentage': 0.01,
'LowClipLimit': 2,
'LowClipLimitPercentage': 0.01,
'MaxOutput': 255,
'MinOutput': 0
},
'RedChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'GreenChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'BlueChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'TargetChannel': 0,
'OverlayResultHistogram': App.Constants.Boolean.true,
'HistogramEditMode': App.Constants.HistogramEditMode.Luminance,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'IncreaseColorsTo16Million', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Colorize', {
'Hue': 160,
'Saturation': 20,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
more...

go_guy123
05-06 09:07 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.
2010 among girls and oys.

zCool
04-15 03:08 PM
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
more...

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)
(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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piyu7444
05-08 02:21 PM
:confused:
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
more...

harrydr
01-06 09:56 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
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zCool
04-01 02:27 PM
Yes, at the time of adjudication, you will need employment varification letter that shows Permenent Full time job with same or similar duties and reasonable wage difference.
more...
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rsrikant
08-09 08:59 AM
i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
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Scythe
11-29 02:34 AM
Gah, I knew it! :deranged:
more...
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natrajs
04-21 02:39 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 and Best Wishes
Good luck to everyone.
Congrats and Best Wishes
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WaitingYaar
10-02 08:17 AM
This is how PD and RD work.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
What about if PD is current, and your RD is outside their normal processing time. If you do not see any LUD change, what does this mean?
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
What about if PD is current, and your RD is outside their normal processing time. If you do not see any LUD change, what does this mean?
more...
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immigrationvoice1
10-02 01:28 PM
Hello Gurus,
If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?
Thanks in advance for your replies.
/
If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?
Thanks in advance for your replies.
/
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perm2gc
08-24 09:18 PM
http://immigrationvoice.org/forum/showthread.php?t=1540
TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...
TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...
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saimrathi
08-10 05:42 AM
Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)
Para. 4
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
Para. 4
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
cox
October 23rd, 2005, 04:48 PM
A couple more from the job finish today. I liked the backdrop - looks like ricepaper, which really pleased the Japanese-born client. This was taken vertically. I hung the wreath with a thread and then cloned it out :) I wasn't really happy with the backdrop lighting in the second one. Guess I need to invest in some lights. I used natural light from the right and a reflector card on the left of the subject.
http://www.dphoto.us/forumphotos/data/933/wreath_blue_102305_JP8X5706.jpg
http://www.dphoto.us/forumphotos/data/933/red_rose_tea_setting_102305_JP8X5748.jpg
http://www.dphoto.us/forumphotos/data/933/wreath_blue_102305_JP8X5706.jpg
http://www.dphoto.us/forumphotos/data/933/red_rose_tea_setting_102305_JP8X5748.jpg
rajnag21
08-13 05:28 PM
Texas service center
nsc - nebraska service center
nsc - nebraska service center
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