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  • angelina
    07-03 05:23 PM
    http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/

    CIS has really outdone itself this time

    The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.



    According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.




    This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.




    The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.


    By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.




    Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.



    And people wonder why we have an immigration problem.



    This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.





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  • Jimi_Hendrix
    01-01 04:37 PM
    Well we are still waiting for people from 2001 to get their green cards. I don't know how huge an impact recession is going to have.





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  • qualified_trash
    08-30 12:05 PM
    When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?

    Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
    You are right. The issue is which is more important, the academic studies or the working experience.

    And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.

    If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.

    cheers,
    QT





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  • gemini23
    11-19 09:57 AM
    Thanks for above posters.

    As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.

    In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.



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  • easygoer
    10-09 06:17 PM
    Can IV core put some light on -

    Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?

    If NO, any way to add that in?

    Thank!

    Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?





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  • shrayus
    07-13 08:09 PM
    :)



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  • Vel
    01-21 08:33 AM
    Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.

    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?

    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    Looking forward to have your answer on this... thank you so much in advance...

    Vel





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  • pappu
    01-25 04:03 PM
    I do not see this issue on my IE.
    Could you please email the screenshot, and if you can, please examine the stylesheet and let us know what change we need to do.

    Thanks for the help



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  • new_horizon
    12-03 01:27 PM
    hope you are not talking about quixtar/amway or reliv business?





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  • number30
    03-14 06:17 PM
    Hi Attorneys/Seniors,

    Application Type:H1 Transfer(Premium Processing)
    Processing Centre:VSC
    FedEx Delivery Date:03/04/2010

    Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.

    Please help me regarding this.

    Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
    How soon we receive the receipt no in premium processing case.
    Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
    Please help me

    It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.



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  • zico123
    05-17 01:53 PM
    According to BBC:
    Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm

    The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.

    Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.

    US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.

    The proposal comes after months of bitterly fought debate over the issue.

    Points system

    After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".

    Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.

    Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.

    New limits would also apply to US citizens bringing foreign-born parents into the country.

    The bill also establishes a two-year temporary guest worker visa.

    Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.

    The bill is expected to cause passionate debate in the Senate next week.

    Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".





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  • Aah_GC
    07-30 10:15 AM
    Search has a common syntax across the web, not just for Google. Perhaps you were sounding synonomous with Google.

    For those of you who haven't tried yet, try out Bing - its an awesome Search tool. With Yahoo merging it's Search properties with Bing - it is bound to gain more marketshare.



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  • Blog Feeds
    02-05 06:40 PM
    AILA Leadership Has Just Posted the Following:



    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:




    H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
    The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
    Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)





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  • ksircar
    04-28 10:57 PM
    Can someone confirm if finger printing required for both paper (by mail) and on-line AP application? Somewhere I read that finger printing is required only for on-line applicants. Is that true?

    It will save me lot of trouble as my nearest INS office for finger printing is about 150 miles away.

    Thanks in advance.



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  • pointlesswait
    06-03 05:58 PM
    zaara dhek kar reply kar na yaar..
    the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...


    Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

    This way even if you dont get full time offer you can defend self employment.

    W2 Contract can be a problem because of USCIS's perception of permanent job.





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  • gcadream
    03-12 12:57 PM
    In addition to the above questions:

    USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.


    This really sucks !!
    Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
    :mad::mad::mad::mad::mad:



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  • amsgc
    01-22 10:13 PM
    Alright - good luck and sleep tight!

    Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.





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  • GCNaseeb
    10-30 06:34 PM
    I will take an Infopass. Did you get a new Card or they just corrected in their system?

    My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.





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  • Munna Bhai
    01-08 10:52 AM
    Hi

    I have copies of my Labor certification and I-140 approval notices

    If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?

    Thanks

    photo copy is fine





    madhavig
    08-02 01:23 PM
    I work as a consultant for one of the big 5 firms implementing SAP applications. What is the job code referenced for this job? I want to know the job category it falls under as per the Dictionary of Occupation Title or the O*Net published by DOL. My company did not provide me this information but any help will be greatly appreciated.
    Thanks everyone in advance,
    Madhavi





    enthu999
    07-22 10:00 PM
    Please check my question in blue below
    looks like..becuase people travel abroad while AOS is in process.