GC9180
06-03 08:05 AM
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
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ch102
02-24 11:11 AM
http://news.yahoo.com/s/bw/20090224/bs_bw/feb2009tc20090223946195
WeldonSprings
05-18 06:28 PM
This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Bender's Immigration Bulletin (http://bibdaily.com/)
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Bender's Immigration Bulletin (http://bibdaily.com/)
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Tommy_S
04-11 01:36 AM
They're nice. The bootom stamps look agressive, because of the color (too bright/hot). That's it.
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glus
02-27 09:21 AM
Glus
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
That is a different story. I you have been terminated, and the termination was beyond your control, get a letter of termination, keep it in a safe place for the time you get naturalized, and move forward.
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
That is a different story. I you have been terminated, and the termination was beyond your control, get a letter of termination, keep it in a safe place for the time you get naturalized, and move forward.
techysingh
01-15 10:17 AM
You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
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waiting4gc
06-29 01:18 PM
My lawyer asked me to use A# on OPT card as the A# on my 485 application. USCIS does not normally assign A# when 140 is approved. There are only rare scenarios when it does that. Please use the A# on your opt card so that USCIS can easily find your records from the student days.
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
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ireddy
07-18 10:31 AM
Most of my friends (self filing) sent in their applications to reach service center by July 2, haven't received the applications back. According to the USCIS memo yesterday, the last paragraph clearly indicates that the filings received earlier will be accepted and processed... Please see portion of that note below
"USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."
"USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."
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amitbane
02-24 01:02 PM
Hi KaylaMarie,
Any non-profit institution which engages in research/ collaboration with an university is H1b-cap exempt. Also H1B cap-exemption is possible if you work at a non-profit/ university, but not paid by it (e.g. paid by some other company).
My wife came from India 2 months ago. She has a degree in biostatistics and is in a similar situation. If you would like to get in touch, let us know.
Regards,
Any non-profit institution which engages in research/ collaboration with an university is H1b-cap exempt. Also H1B cap-exemption is possible if you work at a non-profit/ university, but not paid by it (e.g. paid by some other company).
My wife came from India 2 months ago. She has a degree in biostatistics and is in a similar situation. If you would like to get in touch, let us know.
Regards,
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windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
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MeraNoAayega
05-18 06:54 PM
Does any one happen to know how long will the court take to decide if it want's to hear the case & then to actually issue a decision?
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fide_champ
04-11 10:05 PM
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
Thanks!
Keith
it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
Thanks!
Keith
it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.
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gc28262
04-07 06:23 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
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amsgc
06-01 07:38 PM
Instead of trying to figure out which copy/original of AP goes where, and how many originals you should/will get, understand this simple fact: If you have an approved multiple entry AP, then you will be able to enter multiple times.
Each port of entry has a diffierent way of doing things. At the end of your immigration through the POE, you will have atleast one AP travel document in your hand, which will be stamped. You can use the same document to re-enter before the expiration date (on the AP), as long as it is multiple entry.
So just relax and enjoy your travel.
When it is three copies (Nebraska has been giving three), on first travel, one copy goes to airlines, the 2nd copy goes to POE and 3rd copy remains with AP holder (the 3rd copy must be stamped at POE). On subsequent travels give a photocopy (of 3rd) to airlines, ask POE to make a copy (of 3rd) for themselves and keep 3rd (after getting subsequents stamp).
When it is two copies (Texas has been giving two), on first travel, give a photocopy to airlines the 1nd copy goes to POE and 2nd copy remains with AP holder (the 2nd copy must be stamped at POE). On subsequent travels give a photocopy (of 2nd) to airlines, ask POE to make a copy (of 2nd) for themselves and keep 2nd (after getting subsequents stamp).
Each port of entry has a diffierent way of doing things. At the end of your immigration through the POE, you will have atleast one AP travel document in your hand, which will be stamped. You can use the same document to re-enter before the expiration date (on the AP), as long as it is multiple entry.
So just relax and enjoy your travel.
When it is three copies (Nebraska has been giving three), on first travel, one copy goes to airlines, the 2nd copy goes to POE and 3rd copy remains with AP holder (the 3rd copy must be stamped at POE). On subsequent travels give a photocopy (of 3rd) to airlines, ask POE to make a copy (of 3rd) for themselves and keep 3rd (after getting subsequents stamp).
When it is two copies (Texas has been giving two), on first travel, give a photocopy to airlines the 1nd copy goes to POE and 2nd copy remains with AP holder (the 2nd copy must be stamped at POE). On subsequent travels give a photocopy (of 2nd) to airlines, ask POE to make a copy (of 2nd) for themselves and keep 2nd (after getting subsequents stamp).
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wandmaker
11-16 08:17 PM
I called NSC but I never heard the option that you mentioned (Receipts not received). Could you explain it?
Thanks!
800-375-5283 - I choosed 1,2,2,6,2,2,1 ; I got connected to CSR Level 1 and Level 2.
Thanks!
800-375-5283 - I choosed 1,2,2,6,2,2,1 ; I got connected to CSR Level 1 and Level 2.
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Becks
02-17 04:51 PM
It has been discussed many many times in IV and most of us have expert (!) knowledge about this I guess. Anyway go for AC21 with H1 Transfer if your new company can transfer H1. Otherwise go for EAD since you wont have any option.
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pcs
06-26 08:26 PM
please PM me your tel no and I will call. We at Detroit are having a good get together and I can easily push it with the guys here but need to know what you want to do ? Maybe you can even call me on the phone when we are meeting
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apahilaj
09-12 03:25 PM
thanks guys,
I'll wait this week and will give them a call next week.
I'll wait this week and will give them a call next week.
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gene77
11-06 01:33 PM
This topic has been discussed a zillion times in this forum. Please search all the threads.
Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.
Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.
H1Girl
04-09 12:59 AM
Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...
InTheMoment
08-07 11:52 AM
Sreenuuk,
The mercury is high these days on the forum...the bar is really low for the tipping point. Take it in stride :)
The mercury is high these days on the forum...the bar is really low for the tipping point. Take it in stride :)
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