pappu
03-17 03:53 PM
Some recent news from USCIS.
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H-1B Cap Exemptions Based on Relation or Affiliation
Released: March 16, 2011
USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
======================================
H-1B Cap Exemptions Based on Relation or Affiliation
Released: March 16, 2011
USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
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CCC
07-05 06:33 PM
First off, thanks for the response guys.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
ilikekilo
04-22 02:06 PM
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
my 2 cents
Please be mindful if you are applying from home thru' so called consultancies. I have seen (not heard) enough cases being abused...
bottomline, dont fall for something if it sounds too good to be true. you dont want to become a statistic! good luck..
last but not least, its really bad out here..so dont jump the ship just yet
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
my 2 cents
Please be mindful if you are applying from home thru' so called consultancies. I have seen (not heard) enough cases being abused...
bottomline, dont fall for something if it sounds too good to be true. you dont want to become a statistic! good luck..
last but not least, its really bad out here..so dont jump the ship just yet
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anilsal
07-16 07:21 AM
i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.
The reason consulates in the US take 50 days for PCC is that they send the request to regional Passport Office in India who take like 45 days. So you may probably apply at PP office in India and get the clearance.
The reason consulates in the US take 50 days for PCC is that they send the request to regional Passport Office in India who take like 45 days. So you may probably apply at PP office in India and get the clearance.
more...
r50000
07-27 06:30 PM
hi All,
Is there any way to know if employer revoked I140. With what I understand if the employer revokes within 180 days of I485 filing, then we are screwed.
Thanks for the replies.
thanks!
Is there any way to know if employer revoked I140. With what I understand if the employer revokes within 180 days of I485 filing, then we are screwed.
Thanks for the replies.
thanks!
jthomas
04-22 01:30 PM
1. Its illegal for you to pay money for H1B. (you can contact DOL for that, your employer won't be able to hire H1B's).
2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.
Thanks
Jthomas
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.
Thanks
Jthomas
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
more...
perm2gc
02-09 11:40 AM
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
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FinalGC
05-12 05:02 PM
hopefulgc:
Are you willing???
Are you willing???
more...
snaidu
06-28 03:46 PM
I checked Rajiv Khanna's site , there is no memo to that effect.
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
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immiusa
06-15 06:01 PM
Your parents do not need A/V letter. They can supplement last 3 months of statements. If you still want to give a try. You can ask bank manager to send a letter with current amount on your A/C to the address mentioned on your A/C. which means, they are sending the information to the addressee on the A/C.
If I were you, I would wait until your job is done. Then, close the A/C with a reason specified "Not happy with service".
It will be helpful if you can mention the bank name on this forum for all our immigrant community.
If I were you, I would wait until your job is done. Then, close the A/C with a reason specified "Not happy with service".
It will be helpful if you can mention the bank name on this forum for all our immigrant community.
more...
prince_charming
04-08 04:14 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
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mhathi
10-27 07:12 AM
Exact same letter for me as well!
more...
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s_r_e_e
08-13 02:40 PM
who is vld rao?
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Green.Tech
08-06 09:50 AM
Any other thoughts?
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centaur
02-07 05:14 PM
Just put in my year.
When you sign for membership, there is a question you answer about EB category and PD, so I guess all 8600+ members have that. I mean we already have the information and most of the members seem to be in S/W.
Is there anyway we can use this information thats in out database already, to come up with numbers? I assume that it should be do-able, however I am practically ignorant when it comes to computers. I mean I can use word and surf on the net, but thats it, but among all the experts we have here, maybe someone can work something out.
When you sign for membership, there is a question you answer about EB category and PD, so I guess all 8600+ members have that. I mean we already have the information and most of the members seem to be in S/W.
Is there anyway we can use this information thats in out database already, to come up with numbers? I assume that it should be do-able, however I am practically ignorant when it comes to computers. I mean I can use word and surf on the net, but thats it, but among all the experts we have here, maybe someone can work something out.
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ItIsNotFunny
04-19 10:58 AM
Yes I have a BIG update.
Let us not ask for any updates on our site. IV core should not be forced to post update on the site.
I happened to see
our thread
http://immigrationvoice.org/forum/showthread.php?t=3563
quoted on Alipac site.
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=57004&highlight=h1b
They even note down our small ideas
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=55431&highlight=h1b
They watch every action and block our attempts. We need to be patient and not ask IV core to give us updates ahead of time. If you read their forum, you will know that when we post about a bill or a senator, these guys also call those lawmakers and start opposing the work we did. So please do not keep asking for updates ahead of time.
Funny!
Let us not ask for any updates on our site. IV core should not be forced to post update on the site.
I happened to see
our thread
http://immigrationvoice.org/forum/showthread.php?t=3563
quoted on Alipac site.
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=57004&highlight=h1b
They even note down our small ideas
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=55431&highlight=h1b
They watch every action and block our attempts. We need to be patient and not ask IV core to give us updates ahead of time. If you read their forum, you will know that when we post about a bill or a senator, these guys also call those lawmakers and start opposing the work we did. So please do not keep asking for updates ahead of time.
Funny!
more...
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pappu
09-22 07:12 PM
Title: Creating American Jobs and Ending Offshoring Act
Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)
Cosponsors Sen Dorgan, Byron L. [ND] -
Sen Reid, Harry [NV] -
Sen Schumer, Charles E. [NY] -
Introduced in the Senate.
This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.
Reid has the option to set up a procedural vote next week
Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)
Cosponsors Sen Dorgan, Byron L. [ND] -
Sen Reid, Harry [NV] -
Sen Schumer, Charles E. [NY] -
Introduced in the Senate.
This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.
Reid has the option to set up a procedural vote next week
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ssnd03
07-12 06:44 PM
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.
Retrogression is due to more demand than supply and country quotas.
But yearly unused visas are due to FBI background check delay.
There is a clear difference.
Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.
Retrogression is due to more demand than supply and country quotas.
But yearly unused visas are due to FBI background check delay.
There is a clear difference.
Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
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ganguteli
04-08 05:12 PM
Trying to reach you guys for a while now.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
To GCNirvana007,
I have questions for you
- Is your profile complete with your name, CORRECT email and phone number?
If not then forget getting a sincere reply.
You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.
I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.
Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?
Think about it. Lose some ego. It will be good for your personality.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
To GCNirvana007,
I have questions for you
- Is your profile complete with your name, CORRECT email and phone number?
If not then forget getting a sincere reply.
You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.
I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.
Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?
Think about it. Lose some ego. It will be good for your personality.
hopein07
03-14 10:04 AM
Canada requires 3yrs plus one year of training in US and then you need to take one exam for Canada and that's it. If she is doing IM or FP residency then she should try to get into one year of Chief residency as well after completing 3 yrs of residency.
Canada has a severe shortage of doctors specially in rural areas but not in the cities like Toronto, Vancouver, Ottawa, Calgary, Windsor, or London. IT jobs are very scarce in Canada but are only in big cities. So, one of the two of you has got to sit at home depending on who decides to work.
Canada has a severe shortage of doctors specially in rural areas but not in the cities like Toronto, Vancouver, Ottawa, Calgary, Windsor, or London. IT jobs are very scarce in Canada but are only in big cities. So, one of the two of you has got to sit at home depending on who decides to work.
logiclife
06-22 12:52 PM
"According to Miller, only about 30 percent of applicants are running into such difficulties."
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
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