hpandey
06-16 11:20 AM
Hi
For most countries you can get your passport renewed by the embassy or consulate in US itself and quite quickly. For e.g in case of Indian embassy you get your new passport within a couple of weeks.
So find out first if your husband's country lets them renew the passport within US and if yes then apply for it asap.
For most countries you can get your passport renewed by the embassy or consulate in US itself and quite quickly. For e.g in case of Indian embassy you get your new passport within a couple of weeks.
So find out first if your husband's country lets them renew the passport within US and if yes then apply for it asap.
american_dreams
08-27 10:35 PM
My(dependant) EAD is still pending while primary's EAD was approved on 8/19 by TSC.
Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.
Usually I have seen both arrive at the same time. Please comment. Thanks.
I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.
Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.
Usually I have seen both arrive at the same time. Please comment. Thanks.
I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.
frostrated
10-08 11:54 AM
Based on my experience travelling with my son couple of times, I can answer couple of questions.
PIO card looks just like your Indian Passport, difference being color and has just 1 page.
Just present PIO and the US PP and they will look at both and stamp the immigration seal on the PP. They do not do anything with the PP other than recording the PIO # in addition to the US PP #.
While departing the country, they will just look at it again and hand it back and stamp the immigration seal on the PP.
Usually takes 3-4 weeks to get and if you dont have time, I would go with a visa as you can get it the same day. For an infant, I see no diffrence in PIO or a visa.
the only difference for an infant is if you are going to leave him in india for a while. with a pio you can stay for longer than 6 months.
PIO card looks just like your Indian Passport, difference being color and has just 1 page.
Just present PIO and the US PP and they will look at both and stamp the immigration seal on the PP. They do not do anything with the PP other than recording the PIO # in addition to the US PP #.
While departing the country, they will just look at it again and hand it back and stamp the immigration seal on the PP.
Usually takes 3-4 weeks to get and if you dont have time, I would go with a visa as you can get it the same day. For an infant, I see no diffrence in PIO or a visa.
the only difference for an infant is if you are going to leave him in india for a while. with a pio you can stay for longer than 6 months.
Outkastpb231
10-29 06:09 PM
Wehey - I can do all that (- website layouts) and I havent had classes yet :)
Your car is slightly different.. It has a gradient; where mine was bright purple.
Can I view a few of your sigs? Or a website you have previously made?
http://img.photobucket.com/albums/v499/outkastpb231/02shocker.jpg
http://img.photobucket.com/albums/v499/outkastpb231/Steelcopy.jpg
http://img.photobucket.com/albums/v499/outkastpb231/7161380c.jpg
http://img.photobucket.com/albums/v499/outkastpb231/Signature.jpg
http://img.photobucket.com/albums/v499/outkastpb231/vaporworks_8.jpg The vapor works logo was done for a paintball company.
http://img.photobucket.com/albums/v499/outkastpb231/sig.jpg
http://img.photobucket.com/albums/v499/outkastpb231/sig2.jpg
http://img.photobucket.com/albums/v499/outkastpb231/GOLDcopy.jpg
Your car is slightly different.. It has a gradient; where mine was bright purple.
Can I view a few of your sigs? Or a website you have previously made?
http://img.photobucket.com/albums/v499/outkastpb231/02shocker.jpg
http://img.photobucket.com/albums/v499/outkastpb231/Steelcopy.jpg
http://img.photobucket.com/albums/v499/outkastpb231/7161380c.jpg
http://img.photobucket.com/albums/v499/outkastpb231/Signature.jpg
http://img.photobucket.com/albums/v499/outkastpb231/vaporworks_8.jpg The vapor works logo was done for a paintball company.
http://img.photobucket.com/albums/v499/outkastpb231/sig.jpg
http://img.photobucket.com/albums/v499/outkastpb231/sig2.jpg
http://img.photobucket.com/albums/v499/outkastpb231/GOLDcopy.jpg
more...
sa.node
02-21 04:16 PM
@Raysaikat, Paskal.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.
I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.
I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
howzatt
08-02 07:19 PM
Same day in Mumbai. Any chance you can change this appointment to Mumbai?
Chennai; it depends on the number of applicants. One of my friends recently got his business visa but got his passport back only the next day.
His appt was at 9:00 AM
Chennai; it depends on the number of applicants. One of my friends recently got his business visa but got his passport back only the next day.
His appt was at 9:00 AM
more...
Madhuri
01-27 05:13 PM
All the threads related to contribution are so dead. It's the hard and sad TRUTH that after so many requests, people don't want to contribute....moreover they are fighting with each other. BRAVO skilled immigrants. If only 'some miracle' happens, people might consider contributing.
Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.
Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.
Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.
Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.
gcsomeday
04-02 05:04 PM
Others, please correct me if I am wrong.
I think you need labor from current employer and an I140.
You can not port your PD to a different employer based on just an existing labor.
You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.
If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.
Most importantly talk to a lawyer rather than depending on people here.
Good luck.
I think you need labor from current employer and an I140.
You can not port your PD to a different employer based on just an existing labor.
You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.
If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.
Most importantly talk to a lawyer rather than depending on people here.
Good luck.
more...
monkeyman
10-11 01:00 PM
Hi,
I do not if I had the same situation as yours - however, this is what happened to me:
1. I completed the Masters in 2003 - all course work and required credits by fall of 2003. PD for the LC was on Oct 28, 2003. I skipped the convocation ceremony (due to lack of funds) - yes, I lived on Campbell soup for 3 months. Initially, I had planned on attending it - however, circumstances changed. After some work, I got the degree on March 2004.
I got an RFE saying I wasn't eligible because I got my Masters after I applied for Labor. So first of all I got the letter from the dean of the university detailing the chronological events of credits completion and a justification for getting the late degree (stating about convocation and missing it). The lawyer drafted a response and referred to the dates in the letter issued by the dean and dates on when the credits were issued citing the administrative delays on my part.
Put it all together and send it and I-140 got rejected after 3 months. Then we opened a MTR and resend the package again and everything went through. Its not a death blow, but it involves quite a bit of running around to get a letter from the university and then have the dean approve it.
I do not if I had the same situation as yours - however, this is what happened to me:
1. I completed the Masters in 2003 - all course work and required credits by fall of 2003. PD for the LC was on Oct 28, 2003. I skipped the convocation ceremony (due to lack of funds) - yes, I lived on Campbell soup for 3 months. Initially, I had planned on attending it - however, circumstances changed. After some work, I got the degree on March 2004.
I got an RFE saying I wasn't eligible because I got my Masters after I applied for Labor. So first of all I got the letter from the dean of the university detailing the chronological events of credits completion and a justification for getting the late degree (stating about convocation and missing it). The lawyer drafted a response and referred to the dates in the letter issued by the dean and dates on when the credits were issued citing the administrative delays on my part.
Put it all together and send it and I-140 got rejected after 3 months. Then we opened a MTR and resend the package again and everything went through. Its not a death blow, but it involves quite a bit of running around to get a letter from the university and then have the dean approve it.
snathan
04-28 05:40 PM
Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
more...
k3GC
07-28 07:51 AM
For every IV member that gets their GC, would it be too much to ask them to contribute say at least $100/- ? May be this can become a norm and the starting point for an "IV Alumni" :)
The folks who will be getting their GC's in the next 2 months can show the way - Along with posting the happy news that you got your GC and of course posting your RD and ND and PD and the fact whether you had AC21 or EAD or whatever :), will it be too much to give something back to the community that helped you all the way?
I think this would be a noble gesture in support of this organization that has supported the cause of lots and lots of employment based immigrants.
"A Small contribution from you, A Giant Win for IV"
The folks who will be getting their GC's in the next 2 months can show the way - Along with posting the happy news that you got your GC and of course posting your RD and ND and PD and the fact whether you had AC21 or EAD or whatever :), will it be too much to give something back to the community that helped you all the way?
I think this would be a noble gesture in support of this organization that has supported the cause of lots and lots of employment based immigrants.
"A Small contribution from you, A Giant Win for IV"
sravani
05-07 05:44 PM
I lost my passport too and panicked too much. It took a month to get the duplicate passport, you need to provide the police complaint details while applying to the duplicate passport.
I found my lost passport later :rolleyes:
Assume you have a photo copy of your wife's passport. It's very important to provide this while applying for the duplicate passport.
I found my lost passport later :rolleyes:
Assume you have a photo copy of your wife's passport. It's very important to provide this while applying for the duplicate passport.
more...
Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
bsbawa10
05-31 09:13 PM
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.
I would advice you better check in advance as soon as you have job confirmation
Thanks letstalklc, can you please confirm from your cousin if it is a blanket policy ? i.e. they will not file in eb2 at all ?
I would advice you better check in advance as soon as you have job confirmation
Thanks letstalklc, can you please confirm from your cousin if it is a blanket policy ? i.e. they will not file in eb2 at all ?
more...
Jerrome
10-18 05:56 PM
I have got EAD and AP.I think i would not have got them if the 140 is not filled.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
nashorn
08-12 03:25 AM
Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?
more...
arindamb
03-25 08:44 PM
I feel "related" might be the key word that can cause discomfort for a lot of people. How does one determine that ones job is related to his/her degree ? This might finally be left upto the discretion of the USCIS.
One might have studied electrical engineering and then get in a job writing embedded systems software. Will that be a related job ?
One might have an MS in Biological sciences but might be writing software for genetics. Is that a related job ? The list can go on.
How far can one digress from ones degree major to still be considered related.
I presume we might see a lot of confusion regarding STEM if the whole thing is made into a law.
One might have studied electrical engineering and then get in a job writing embedded systems software. Will that be a related job ?
One might have an MS in Biological sciences but might be writing software for genetics. Is that a related job ? The list can go on.
How far can one digress from ones degree major to still be considered related.
I presume we might see a lot of confusion regarding STEM if the whole thing is made into a law.
varakur
08-10 07:41 PM
Thanks Jasmine/lacrossegc/etal,
Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,
Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..
thanks so much,
-Prasad
PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,
Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..
thanks so much,
-Prasad
PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
Raj_2009
08-18 11:38 PM
Hi ,
Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?
Thanks,
Raj
Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?
Thanks,
Raj
ganguteli
07-16 09:35 AM
Hi,
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
How can you and your attorney be so careless?
If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.
But my question to attorneys on this forum is this:
How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.
But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.
I want to also know what you think about this and how one should complain.
Thank you.
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
How can you and your attorney be so careless?
If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.
But my question to attorneys on this forum is this:
How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.
But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.
I want to also know what you think about this and how one should complain.
Thank you.
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)
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.
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