msyedy
01-08 09:24 PM
My view is little different, my friend(32 age) who is a business man (an engineer and MBA)..went with his wife and two kids to b2 stamping, got multiple entry visa for 10 yrs. His preparation is very simple, he showed his business commitments and need of his presence to the businesses he is handling and second..he could convince the consulate that he is visiting to US for the sake of kids enjoy desney...he previously visited s'pore and klm...
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
************************************************** *****
As my friend in this have mentioned.. keep in mind there is no paper that will make it 100% to get a US visa. I have seen luck plays a big role in many of the cases.
GOOD LUCK.
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
************************************************** *****
As my friend in this have mentioned.. keep in mind there is no paper that will make it 100% to get a US visa. I have seen luck plays a big role in many of the cases.
GOOD LUCK.
wallpaper Other Bleeding Hearts – Alex
hnordberg
October 24th, 2005, 12:40 AM
A weekend based in the City? If the weather is good, Marin, Point Reyes, and urban shooting... If the weather is bad, the city museums, food, and entertainment...
Sounds great. I haven't been to Point Reyes in a while and maybe we can get some shots of the Golden Gate Bridge from the Marin Headlands at sunset.
I'll share my bag of glass ;)
Cool! You can borrow my new lenspen! ;)
I don't have as much glass as you do, but I'll bring my 5D, which I am still very excited about.
I am available most weekends. How about you Bob, Kevin, others? It would be great to meet you all.
Sounds great. I haven't been to Point Reyes in a while and maybe we can get some shots of the Golden Gate Bridge from the Marin Headlands at sunset.
I'll share my bag of glass ;)
Cool! You can borrow my new lenspen! ;)
I don't have as much glass as you do, but I'll bring my 5D, which I am still very excited about.
I am available most weekends. How about you Bob, Kevin, others? It would be great to meet you all.
obviously
12-08 12:52 PM
HELP get us out of our 'Great Depression'.
American businesses are facing a serious crisis: an unprecedented sixteen-month restriction on access to new H-1B visas for temporary professional employees, coupled with an ever-present, continually growing, and now crippling employment-based (EB) green card backlog for permanent hires. I urge you to take immediate steps to fix this problem in the lame duck session after the November elections.
In support of SKIL and other relief measures for High Skilled Immigrants:
A. NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
B. CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at highly skilled professionals with H1B's stuck in companies and jobs for *years* with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available. They are indentured labor because of retrogression and backlogs with visa numbers.
C. HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at wives of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY for us to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to please consider the net-economic value and social value that we, the highly skilled LEGAL immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
The lame duck session offers the last chance this year to provide American businesses the relief they urgently need to remain afloat and retain their competitive edge over companies around the world. Only by permanently increasing the H-1B and EB cap numbers, as the SKIL Bill introduced in both the House (H.R. 5744) and Senate (S. 2691) proposes, and as was also passed in the Senate as part of its Comprehensive Immigration Reform package (S. 2611), can American businesses continue to function.
Crisis with EB green cards. Backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs American businesses need. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in our country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.
Every day that passes without access to these high-skilled workers is a lost opportunity for growth, productivity, and innovation. But this need not be the case.
YOU can make the difference to the lives of thousands of hardworking professionals that love the US of A and their families for generations to come. HELP get us out of our 'Great Depression'.
Please, Sir, I BEG of you, as a highly skilled professional, I have high hopes and dreams of continuing to contribute to this great economy and nation. Help support legal immigration relief and provide a sliver of hope to people like me, so that we can see our families and next generations become integral contributors to the fabric of this great nation.
We are helpless, but not without hope.
We are powerless, but not without pride.
In God We Trust, In You We Entrust, our lives and livelihood;
American businesses are facing a serious crisis: an unprecedented sixteen-month restriction on access to new H-1B visas for temporary professional employees, coupled with an ever-present, continually growing, and now crippling employment-based (EB) green card backlog for permanent hires. I urge you to take immediate steps to fix this problem in the lame duck session after the November elections.
In support of SKIL and other relief measures for High Skilled Immigrants:
A. NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
B. CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at highly skilled professionals with H1B's stuck in companies and jobs for *years* with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available. They are indentured labor because of retrogression and backlogs with visa numbers.
C. HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at wives of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY for us to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to please consider the net-economic value and social value that we, the highly skilled LEGAL immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
The lame duck session offers the last chance this year to provide American businesses the relief they urgently need to remain afloat and retain their competitive edge over companies around the world. Only by permanently increasing the H-1B and EB cap numbers, as the SKIL Bill introduced in both the House (H.R. 5744) and Senate (S. 2691) proposes, and as was also passed in the Senate as part of its Comprehensive Immigration Reform package (S. 2611), can American businesses continue to function.
Crisis with EB green cards. Backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs American businesses need. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in our country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.
Every day that passes without access to these high-skilled workers is a lost opportunity for growth, productivity, and innovation. But this need not be the case.
YOU can make the difference to the lives of thousands of hardworking professionals that love the US of A and their families for generations to come. HELP get us out of our 'Great Depression'.
Please, Sir, I BEG of you, as a highly skilled professional, I have high hopes and dreams of continuing to contribute to this great economy and nation. Help support legal immigration relief and provide a sliver of hope to people like me, so that we can see our families and next generations become integral contributors to the fabric of this great nation.
We are helpless, but not without hope.
We are powerless, but not without pride.
In God We Trust, In You We Entrust, our lives and livelihood;
2011 heart broken heart tattoo
seahawks
01-01 05:10 AM
congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!
more...
Openarms
10-19 02:25 PM
Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.
whitecollarslave
02-10 02:04 PM
You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.
The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.
There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.
The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.
The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.
Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.
The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.
There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.
The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.
The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.
Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.
more...
gcfriend65
12-07 03:06 PM
databases for CSC and NSC are aligned and then notices are sent automatically. Unless that happens one has to wait to get the FP notice.
bump /\/\
bump /\/\
2010 tattoo hart. love heart
SNLive999
06-11 07:32 PM
Again Thanks Dhun Dhun.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
more...
maverick_joe
05-05 04:22 PM
btw, my heart skipped a beat seeing the title!! :) :D
The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"
The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"
hair Heart Tattoo with Wings
sunny02
08-19 09:00 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
4) Can they ask for more details like client letter,etc - chennai
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
4) Can they ask for more details like client letter,etc - chennai
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
more...
jeda
10-22 07:59 PM
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
hot leeding heart tattoo. for
msgoud
03-07 10:05 PM
my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
more...
house anatomy tattoo design.
Blog Feeds
02-10 08:50 PM
Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
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reno_john
06-20 05:19 PM
Sam is rite, Leave it blank , USCIS will check the system and fill it. I have seen few cases in this forum where applicant wrote a A# and when they received the receipt it was different, SO leave blank there is no harm.
Even my attorney left it blank even though I have my I-140 approved before filing my I-485
Even my attorney left it blank even though I have my I-140 approved before filing my I-485
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krishmunn
02-03 12:01 PM
If you have maintained all your communications with the old attorney, file a Legal Malpractice lawsuit against him. You can check yellow pages and contact a malpractice lawyer. Usually such cases are on contingency basis.
It will not save your 485 but you can recover significant amount of money as compensation from that attorney.
For your 485, check with your attorney if an appeal can be filed. I feel you have a strong ground since it was CIS fault.
It will not save your 485 but you can recover significant amount of money as compensation from that attorney.
For your 485, check with your attorney if an appeal can be filed. I feel you have a strong ground since it was CIS fault.
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SeanDell
06-04 10:35 PM
?
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TheCanadian
02-08 03:44 PM
Congrats!
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sanjay
09-08 03:30 PM
I had an update on my 485 application today and its say's
On September 8, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Don't know what does this mean to my case and it is good or bad.
Does any one had been through this ?
On September 8, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Don't know what does this mean to my case and it is good or bad.
Does any one had been through this ?
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mdipi
10-20 08:08 PM
on ur site, also subbmit it to SOTW
walking_dude
12-05 12:45 PM
FBI Namecheck isn't exactly an immediate issue for me due to colossal backlogs. Yet clearance of the backlog may be meaningless if a person happens to get caught in the FBI backlog instead !
Here's my E-mail to ACLU Immigrants rights project -
------------------------------------------------------------------------------
Thank you for taking legal actions to fix FBI Name check delays for Immigrants
http://www.aclu.org/immigrants/gen/32422prs20071029.html
Kudos for taking actions to protect Immigration rights. As a future Citizenship applicant I'll surely benefit if this inhumane bureaucratic mess would be fixed.
FBI Namechecks aren't limited to Citizenship applicants alone. There are countless Green Card applicants stuck in the FBI backlog too. Are any legal actions being planned to help them too?
Thanks & Regards,
xxxxx
--------------------------------------------------------------------------------
Here's my E-mail to ACLU Immigrants rights project -
------------------------------------------------------------------------------
Thank you for taking legal actions to fix FBI Name check delays for Immigrants
http://www.aclu.org/immigrants/gen/32422prs20071029.html
Kudos for taking actions to protect Immigration rights. As a future Citizenship applicant I'll surely benefit if this inhumane bureaucratic mess would be fixed.
FBI Namechecks aren't limited to Citizenship applicants alone. There are countless Green Card applicants stuck in the FBI backlog too. Are any legal actions being planned to help them too?
Thanks & Regards,
xxxxx
--------------------------------------------------------------------------------
s_r_e_e
07-07 05:39 PM
in thw worst case, if you owe lot of taxes to IRS at the end of the year and no money was paid, you can still pay it along with the next year tax filing . Your payment will include some % penalty.
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