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  • Sandeep
    03-07 05:43 PM
    The Program Assessment Rating Tool (PART) was developed to assess and improve program performance so that the Federal government can achieve better results. A PART review helps identify a program’s strengths and weaknesses to inform funding and management decisions aimed at making the program more effective. This is what the DOL's review (http://www.whitehouse.gov/omb/budget/fy2006/pma/labor.pdf) shows. It is very informative as we come to know that they themselves are admitting serious flaws

    Page 211
    Is the program design free of major flaws that would limit the program's effectiveness or
    efficiency?
    Answer: NO
    Summary
    The DOL admits that these are the problems:
    - "current process is paper- intensive, duplicative in places, and inefficient"
    - "vulnerability to fraud and abuse"
    - The whole process is meaningless because "it could be years between the recruitment efforts described in an application to DOL and the time a labor certification issues or the alien adjusts to permanent resident status"
    -"the certification itself lacks critical safeguards"

    Page 213
    Does the program have baselines and ambitious targets for its annual measures?
    Answer: NO
    "Program goals lack specific, ambitious annual targets. For example, the published backlog reduction targets would not result in elimination of the backlog in two years, as the program currently plans. And the goal to reduce processing time to six months for 90% of applications (currently 32 months) may not be either sufficiently tailored or ambitious for the new automated review process, if processing rates hold true to plan."
    Summary
    The DOL says that they have promised somethings but it is not doable !!!

    Page 213
    Are Budget requests explicitly tied to accomplishment of the annual and long- term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?
    Answer: NO
    Like the rest of DOL, ETA does not have an integrated accounting and performance management system to identify the full cost of achieving this program's performance goals and support day- to- day operations.
    Summary
    The DOL says that they have no idea of how much it will cost. So how are they planning to go ahead and get the resources to clear off all the cases in the BECS?

    Page 218
    Do independent evaluations of sufficient scope and quality indicate that the program is effective and achieving results?
    Answer: SMALL EXTENT
    Ongoing stakeholder concerns and findings from program evaluations or OIG audits conducted in years past raise serious questions about the design,management, and accountability of the current program.
    Summary
    There are a lot of audits saying that there is something seriously wrong


    Page 219
    "The goal of eliminating the backlog by the end of FY 2006 is a result of an external evaluation conducted in 2002. Lengthy processing times are a majorconcern for program stakeholders. Though the goal is ambitious, there is a disconnect with the published targets, which cover only the state- level backlog of 270,000 cases (not the additional cases pending at the federal level) and would not accomplish the goal within two years."
    Summary
    Though they have stated that their goal is 2006 there is no way that is going to be true

    And inspite of all this the program rates "ADEQUATE" ?





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  • srikondoji
    04-26 07:16 PM
    http://o3.indiatimes.com/dindora/archive/2006/04/27/642160.aspx

    Many of my blogs were posted on the front page of timesOfIndia news paper.
    With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.

    Please write comments on this blog and make additions to what i have posted.
    Thanks
    sri





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  • vikaschowdhry
    06-06 07:36 AM
    seahawks you said:
    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.

    Could you please provide me a link to an official website that can confirm this?





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  • pappu
    11-02 04:10 PM
    I had written 2 long posts in the past detailing my own views on how to hire an attorney and how to deal with them when you hire them. You may want to go through them in the threads. If someone can dig them we can try to create a thread dedicated on 'advice when you hire an attorney'. I have myself seen enough bad attorneys (both big and small firrms) and the posts were written based on my experiences and experiences of my friends.



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  • dallasmbs
    07-17 05:47 PM
    http://www.aila.com/content/default.aspx?docid=22912





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  • sobers
    03-29 04:06 PM
    This should provide some food for thought for any standalone bill for skilled, legal immigrant reform, if it comes to that.

    With the contrbutions high skilled (EB) immigrants make to the country's innovation and competitveness, the much needed science and math skills they bring, and the high taxes they pay, it is clear such immigrants are a net gain to the economy.



    =--------------
    WALL STREET JOURNAL

    March 27, 2006, 3:10 pm
    The Numbers Behind the Numbers


    As Congress debates legislation that would double the number of visas available for highly-skilled workers, Census officials release numbers highlighting contributions by Asian-born immigrants to the U.S. economy.

    Of the 14 million Asians in the U.S., half of those over age 25 have at least a bachelor�s degree and 20% have a master�s degree or higher � the highest education level of any racial group.

    Median family income, at $57,500, also is the highest, with half of Asian Indians earning $69,000 or more. Asians owned 1.1 million owned businesses in 2004, up 24% since 1997, the Census Bureau fact sheet said.

    High tech executives have been lobbying heavily for an increase in the visa cap for high-skill workers, a majority of whom are Asians. All four versions of the immigration bill now before the Senate would double the number of so-called H1B temporary visas to 115,000 and also double the number of employment-based green cards to 290,000. Exemptions from those limits for students currently working on science and technology degrees in the U.S. � most of whom also are Asian � would increase high-skilled immigration still further if any of the bills becomes law.

    �June Kronholz



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  • admin
    01-29 11:50 AM
    Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".

    Here is an excerpt of his analysis from http://www.immigration-law.com/


    The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.

    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.

    The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.

    It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.





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  • amit1234
    08-27 08:19 AM
    Hi,

    can any lawers give me reply?


    Thanks in advance



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  • EndlessWait
    07-27 01:47 PM
    Heard back from the attorney - filing after Aug. 17th.
    my lawyer says with all this VB backand forth. Technically for those who want 3 yr extension should file after 17th August. Because although the Aug VB is "U", July VB is active for those eligible till 17th..So safer options is 18+





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  • Marphad
    02-24 09:51 AM
    Koi shak? (Any doubts?)



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  • go_getter007
    06-03 08:21 AM
    If you are in consulting and traveling to a client site 50 or more miles away from your residence frequently (e.g., in your friend's case at IBM, it might be every week from Mon to Thurs), it is quite an old practice to disclose the site location, publish a notice at the client site (that you are on h-1b), file for an amendment etc. - nothing new here.

    GG_007


    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??





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  • srikondoji
    04-26 07:16 PM
    http://o3.indiatimes.com/dindora/archive/2006/04/27/642160.aspx

    Many of my blogs were posted on the front page of timesOfIndia news paper.
    With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.

    Please write comments on this blog and make additions to what i have posted.
    Thanks
    sri



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  • haider420
    03-04 12:57 AM
    and for god sake, please update your profile.

    just did for your convenience :)





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  • h1techSlave
    02-24 07:55 AM
    Obama administration is selling out their ideologies to garner support of Republicans.

    So what has really changed? Bush/Cheney were selling the country to the Saudis. Obama and gang are selling out to the Republicans. Yeah, some change.

    are coming per Oh website.....

    http://www.immigration-law.com/Canada.html



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  • eb3retro
    02-04 10:35 PM
    I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?

    Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?

    Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.

    Thanks for all your inputs.

    i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.





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  • kumar1305
    01-20 01:31 PM
    All those guys are gone. Were we late coming to the USA?



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  • redgreen
    08-09 11:40 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.


    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.





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  • msyedy
    01-24 11:09 AM
    Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.

    Just ask your lier to apply for I-140. If he refuses to do that, ask him why?

    Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.

    Forget about the lawyer, It is the company issue here if they are paying for your GC.

    ....





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  • keaby
    06-18 05:36 PM
    If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.

    If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..

    In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client





    gbof
    02-24 01:42 PM
    He has a great array of batting records...

    Some I can think of are..

    Second highest number of ODIs ( 2 more to equal S.Jayasuria)
    Second highest number of tests ( 2 more to equal S.Waugh)
    Most runs in ODIs, Tests.
    Highest individual score in ODI.
    Most number of centuries in ODI, Tests
    Most number of 50s in ODIs.

    The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!

    Congratulations, Sachin!

    One more thing, He CARRIED THE BAT through...congrats





    linuxra
    09-28 08:08 PM
    Any people have idea on the above rfe



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