looivy
11-19 02:06 PM
I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.
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thediablo
05-30 03:19 PM
oh MAN! THIS SUCKS
i think Soul site really sucks. :D
i think Soul site really sucks. :D
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nashim
10-14 03:49 PM
You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.
Other option you have H1B stamping if you are maintaining H1B. thanks
Other option you have H1B stamping if you are maintaining H1B. thanks
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trueguy
12-11 06:24 AM
China EB3 also didn't recieve the fair share (as per the law) of annual quota.
Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.
Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.
more...
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kumjay
06-28 03:46 PM
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
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iv2000
08-09 07:33 PM
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.
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.
more...
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priti8888
02-18 06:19 PM
Maintaining legal visa status is not considered a deductible employee business expense. The IRS considers this as a personal expenditure
http://www.neidhartcpa.com/deduct.html
Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.
http://www.neidhartcpa.com/deduct.html
Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.
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Blog Feeds
01-26 08:40 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)
more...
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lagsam
07-22 07:26 PM
We have the same case. Our AP's (mine, my wife's and daughter's) are expiring next month. Fortunately, I have a close friend and an immigration attorney.
He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.
Three of us are paroled.
He also explained that it will not affect your AOS.
I hope I was able to help you.
FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.
Goodluck
He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.
Three of us are paroled.
He also explained that it will not affect your AOS.
I hope I was able to help you.
FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.
Goodluck
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akhilmahajan
11-15 08:15 AM
New England (MA, ME, NH, RI, VT) folks come forward and lets plan out meeting the lawmakers.
What u say folks? This is the right time to act.
GO IV GO. TOGETHER WE CAN.
What u say folks? This is the right time to act.
GO IV GO. TOGETHER WE CAN.
more...
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myvinbox@gmail.com
08-17 01:44 PM
I just decided to wait and see . hopefully it will get cleared in next 2-3 months
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jonty_11
01-15 02:53 PM
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
more...
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gee_see
10-19 09:05 AM
There was no response when i posted same issue couple of weeks ago. Does it imply that no one is facing this type of issue? or .... it will be outright denial case?
Please share your thoughts
Please share your thoughts
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kminkeller
03-09 03:54 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
more...
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bhayzone
04-02 06:45 PM
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
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JunRN
05-05 10:09 AM
To force USCIS to adjudicate i-140 within 180 days or 6 months, if concurrent filing is removed, we may comment to include a clause that says "If i-140 is pending for more than 180 days and PD is current, i-485 may be filed.
Better yet, if they will include filing of i-485 even if PD is not current.
The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.
Better yet, if they will include filing of i-485 even if PD is not current.
The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.
more...
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Berkeleybee
04-03 06:12 PM
OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for that -- it'll go into the next round of edits.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for that -- it'll go into the next round of edits.
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Maverick5
08-26 05:20 PM
Thanks for your reply. As I am applying for LC with Software Engineer, and my Masters is in Mech Engg, I have asked my employer to put "Computer Science, Engineering (Any), Math or Related" in the majors required for the position.
I am hoping that Engineering (Any) would cover for Mech Engg.
I am hoping that Engineering (Any) would cover for Mech Engg.
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immi_2006
08-07 10:54 AM
Though its not mentioned it is good file I-134. You are not eligible for I-864.
dbevis
October 27th, 2003, 07:41 AM
Some shots from yeasterday at and around the Delaware Water Gap:
http://www.pbase.com/image/22684252
I really like that waterfall shot.
http://www.pbase.com/image/22684252
I really like that waterfall shot.
bluez25
10-29 07:00 PM
adds,
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
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