Dandruff
02-11 09:55 AM
Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
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REEF�
06-08 07:57 PM
tsk tsk, voting for yourself :bad:Like I was gonna win this is a huge poll I might as well have done it :lol:.
I don't want to win this because I don't deserve it. I even said I want the vector guy to win, them thangs are sweeter than rubber bands :azn:.
I don't want to win this because I don't deserve it. I even said I want the vector guy to win, them thangs are sweeter than rubber bands :azn:.
anurakt
01-08 09:21 AM
I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
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voldemar
03-19 09:33 AM
I-140 withdrawal is not mandatory but it's good for both - employer and employee. Check other threads when approved I-140 was revoked on Ability to Pay issue when USCIS added together all pending I-485 for the company. If you use AC21 to change employer and previous employer withdraw approved I-140 you are safe to go.
more...
ck_b2001
12-11 01:29 PM
I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.
The photocopying is best left to them as the one you make has potential of having been tampered.
TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.
The photocopying is best left to them as the one you make has potential of having been tampered.
TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.
alterego
03-24 07:53 PM
Well done Mark, I think you presented our case very well.
There are a lot of stereotypes and misunderstandings of the facts around this issue.
It makes me realise just what a disservice those like Lou Dobbs and his ilk do to both the debate over this issue as well at to the future of this country that those like us can only benefit.
Ron Hira though he is wrong on his position can atleast acknowledge the need for more green cards. The extreme right is just fundamentally messed up in their head, and would gladly go back to becoming Hamish in the city!
There are a lot of stereotypes and misunderstandings of the facts around this issue.
It makes me realise just what a disservice those like Lou Dobbs and his ilk do to both the debate over this issue as well at to the future of this country that those like us can only benefit.
Ron Hira though he is wrong on his position can atleast acknowledge the need for more green cards. The extreme right is just fundamentally messed up in their head, and would gladly go back to becoming Hamish in the city!
more...
Jaime
09-11 04:01 PM
by coming to DC!!!
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snathan
08-18 06:39 PM
Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.
At least don't wish them bad luck....
This is stupid. I am not wishing good luck or bad luck to anyone. We are trying to explain the rule and its consequences. Its up to them to take it or not. Moreover I am not a fan of people who applied H1 through some desi consulting (most of them with fake experience), sitting on bench without any project and put everyone in the bad light, giving ammo to the antis. Do you know how many house wives put eight-ten years fake experience when they dont even know the difference between USB port or ether net port. Its not a mistake...its called greed. Well I am not here to fight with you...but thats the fact.
At least don't wish them bad luck....
This is stupid. I am not wishing good luck or bad luck to anyone. We are trying to explain the rule and its consequences. Its up to them to take it or not. Moreover I am not a fan of people who applied H1 through some desi consulting (most of them with fake experience), sitting on bench without any project and put everyone in the bad light, giving ammo to the antis. Do you know how many house wives put eight-ten years fake experience when they dont even know the difference between USB port or ether net port. Its not a mistake...its called greed. Well I am not here to fight with you...but thats the fact.
more...
Scythe
11-29 02:34 AM
Gah, I knew it! :deranged:
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radhay
05-15 12:13 PM
I think there can be only one AOS pending however you should be able to replace underlying 140 with another. Not sure how to go about.
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
more...
clazale
04-07 03:26 PM
http://www..com/discussion-forums/i485-1/28005017/
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:
1. Will an infopass appointment help or a call to customer service help?
2. Do you have the format of the letter sent by your congresswomen's office?
3. Is it better if my lawyer requests the congressman's office or should i do it?
4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.
5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?
Any help is really appreciated.
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:
1. Will an infopass appointment help or a call to customer service help?
2. Do you have the format of the letter sent by your congresswomen's office?
3. Is it better if my lawyer requests the congressman's office or should i do it?
4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.
5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?
Any help is really appreciated.
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FinalGC
02-03 05:16 PM
The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??
Also does anyone have the exact wording they sent to USCIS with the AC21 letter
Also does anyone have the exact wording they sent to USCIS with the AC21 letter
more...
house A tattoo can be placed
simple1
05-18 05:00 AM
this guy is a fake. busted.
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
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sathishkrish
07-17 04:33 PM
i agree with you......dont demand..where have u been all these days coming today and asking IV for updated as they owe you...ofcourse bearing the fruits is not the only thing one can do they can contribute as well...will those new poeple who jpined in july will be willing to contribute to IV for fighting for our cuase GIBVE ME A BREAK
I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.
Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.
Thanks for your understanding
I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.
Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.
Thanks for your understanding
more...
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ujjvalkoul
01-18 11:19 AM
Mine was at Texas Service Center.
I guess they have morons working all over. I cannot understnad how anybody in his/her right senses can make such a blatant mistake.
I guess they have morons working all over. I cannot understnad how anybody in his/her right senses can make such a blatant mistake.
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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)
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akkakarla
08-16 12:03 PM
While it is good idea to move to UK there are similar protests going in UK due to job loss and lot of Work Permits going in favor of Indians. Recently I read an article which says that 18,000 Visas out of 30,000 Visa(High Tech) are granted to Indians.
UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.
Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.
My 2 cents
UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.
Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.
My 2 cents
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waitingnwaiting
01-19 03:06 PM
Oh God!!
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
I have no intension to fight. I am only asking for list of such Immigrants and made it big. It will be good talking points.
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
I have no intension to fight. I am only asking for list of such Immigrants and made it big. It will be good talking points.
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GoneSouth
07-17 03:51 PM
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
desi3933
08-25 11:58 AM
Hi there,
My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.
She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).
My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Thanks,
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.
She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).
My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Thanks,
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
va_dude
03-09 03:01 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
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