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Hello, Currently my situation is that I have got my reciept number for my H1 transfer from comp A to B. But USCIS has asked for my latest pay stub which I dont have as my previous employer doesnt pay if i was on bench. Infact I was never out of status as I was their employee till I put my papers. But I am not provided with a pay stub for that period. Now that I have to show to USCIS that I was not out of status I sent leave notice to my previous employer as it could be LOP(loss of pay) and I would need an ackmnt, but my previous employer is not ready to pay nor ack my leave notice. How do I go about this now? I need to show USCIS that I was not out os status. Can I go to DOL?

Kindly help me on this...

I am looking for a Senior Developer to fill the following opportunity with our client in NYC, NY. Do send me your updated resume at yogi24joshi@gmail.com   asap.

Rate : Open

Location : NYC, NY

Requirement Summary:--

Languages and frameworks: C#, VB.Net, ASP.Net, JavaScript, XML (schemas, documents, transformations), Strong RDBMS and Database experience required. Oracle is a big plus.

Expert knowledge of the .Net framework and object oriented design and programming concepts.

Proficiency in technical documentation using UML.

Solid front-end development capabilities (ASP.NET to Middleware) and/or back-end development capabilities (Middleware to Relational databases)

Experience with MS Visual Studio, Oracle (TOAD), XML Spy, Source Control Systems, NAnt, NUnit.

Experience in Web Services and SOA.

Ability to interact with Business Owners to gather and document project requirements.

Bachelor's degree and more than 10 years professional coding experience delivering web based applications.

Please let me know:-----

1. Visa Status:

2. Full Address With Zip Code:

3. Availability:

4. Reason for move:

Rate Expected in terms of $ per hour:

Any Interview in pipeline:
Employer's details:-
Two professional references:--

 Please send me resume on yogi24joshi@gmail.com

Year 2007 – 2008

Duplicate applications for H1B visas resulting in overflow of quota and a lottery system. Who is responsible for this?

I read an Article during Feb-March 2007 on one of the top Immigration Attorney's websites about the upcoming H1B quota. This was prior to the acceptance of H1B visa petitions in April 2007 (FY 2008) –

The Article stated something like" We expect an increase in the number of H1B filings for this year. If you want be in the quota, then make sure, you get an h1b petition filed on April 01, 2010 to get yourself into the H1B cap” - This is the date USCIS accepts applications for the new quota.

This article was probably read by every H1B Aspirant on the Planet.

How did they know that H1B petitions will be over the quota? Did they dream or is it a Nostradamus prediction?

The website spread a rumor to increase their clientele. Oh god, playing with Careers, H1B Aspirants, and H1B Employers. Anyone cared about this?

Serious Results

• By fearing that they will not get the H1B, beneficiaries approached multiple Employers for h1 visa filing, resulting in duplicate, triplicate, quadruplicate petitions for the same beneficiary. I assume that some beneficiaries may have received more than one H1 approval from multiple Employers.
• H1B quota over subscribed - USCIS receives about 300,000 applications against the congressionally mandated 65,000 H1B visas.
• USCIS had to revamp their system to perform a lottery on these applications and re-write rules. Also, use extra resources and spend lot of money in mailing the H1B petitions back to Employers/Attorneys, which were not accepted in the random lottery process.
• Qualified aspirants were not lucky enough to make it through the lottery system due to duplicate filings. 

 Did this ever happen since H1B visas existed? 

 Year 2008 - 2009 

H1Bs are denied for Large Corporations; don't even talk about small IT Consulting Companies? 

Many H1 petitions were denied including Google's h1b petitions, Google filed 300 H1Bs and 90 of them were denied!  -http://www.nytimes.com/2009/04/12/business/12immig.html?_r=1&pagewanted=2 

The Client Letter Requests have increased and H1B extensions were denied including h1b transfers. 

To get an Approval, USCIS needs a Letter from a "FUTURE" Client confirming services for an H1 visa transfer or H1B extension. It is not sufficient even if the beneficiary has been on Company's Payroll for Years. 

The biggest problem for H1B Sponsors and IT Consulting Companies is sub-contracting. Mostly, IT Consulting Companies do not provide services directly to Clients. Most services are provided via a Preferred Vendor. It may be a tough task to get a Client Letter as services are not being provided directly and there is no control over the client.

Year 2009-2010 

A drop in H1b visa petition filings, and Companies do not like to hire H1B workers. http://www.consultpal.com/resources/immigration-topics/h1b-topics/1334 

All of a sudden there has been  h1b discrimination, Americans don't like h1b workers, they feel that their jobs are being taken by H1B holders. But, h1b has been there for over 15-20 years. What changed? The economy did this or what? 

FDNS (Fraud Detection and National Security) site visits to check the h1b workers at Client sites and employer locations. This is serious threat to small businesses which have been loosing their clients and employees.

FDNS is setup by USCIS to control fraud on H1B petitions. FDNS is operated by Contractors with authority to visit any Client location where an H1B worker is deployed or an H1B sponsoring employer's premises without summons. They walk-in to Client locations interview H1B workers and Client Managers.  

H1B quota is still available - No new talent is being derived into our system.

USCIS Neufeld Memo about H1B Employer-Employee Relationship: The problem with Client letter remains and USCIS adds fuel to the fire - Show us H1B Employer-Employee relationship...Who started the fire??

A recent attempt challenging the H1B Employer-Employee Relationship  Memo in the Court by few Companies was dismissed by U.S. District Court Judge Gladys Kessler.

One more Nuke... Drastic increase in H1 visa fee, $2000.00 - If an IT Consulting Company petitions for a new worker or on an h1 visa transfer it may have to pay up to $6000.00 including legal fee, I do not know how long it takes them to recover the money.  

Not the least - Department of Labor continues to audit h1b employers all these years. What do you think? End of H1B visas?

F1 Students, what about you? Are you still geared towards the American Dream? 

At least to get a Greencard,  countries like India and China have no immigrant visas available.  Most Techie/H1b workers are from these countries.

Immigrant Visas are made available by the US Department of State, based on the per-country limit. These Country nationals exhausted their visa numbers. 

I read on forums about the plight of H1B workers, whose H1B extensions were denied and received letters that they should depart the United States in 30 days.  They have a Family, kids going to school, cars etc...How can they just leave?

United States is an immigrant based community, what's wrong?

As an Insider, I am listing various questions IT Consultants ask us. You may have different questions to ask, please update under comments. Thanks!

Who owns the Company?

Comments: This is very important, a lot of companies are owned by H1B holders (This is illegal - They may be fly by night operators). Only US Citizens and Permanent Resident are allowed to own businesses.

We are an American owned and an established company. Licensed by the NJ Division of Consumer Affairs.

Do you answer Phone Calls after hours (May be Emails)?

Comments: This  is the biggest problem, I have noticed that most companies don't answer phones. As a study, we have called over 100 companies and only 15-20% have actually answered and most of the calls are outsourced to India. And, most of them have no clue of what they do...

As an It Consultant, once deployed at a Client site, you may not be able to call during normal business hours. You want to ensure that talk to you after hours.

We answer all phones  24X7 (Senior Manager's answer - Not a call center or answering service)

Do you have direct clients?

Comments: If an IT Consulting Company does not have direct clients it does not mean that they will not be able to provide placement. You should be more worried about their Network in the Market and management's experience. You should ask them for proof of direct clients (Like a Purchase Order) not just names.

We have over 15 years of experience with direct clients and a strong marketing team. We will provide copies of any document.

How is the Payroll Processed?

Comments: This is very important, you want to make sure they have funding to pay before getting paid from Clients. It is not your job to collect money from Clients.

We are fully funded to process payroll on time (weekly, bi-weekly, monthly options available)

How big is the Company?

Comments: This is a stupid question. You should be asking "How good is the Company" - With large companies, you will never have a chance to speak to the President or CEO.  Why should you care, if you get paid on-time and you get your benefits.

We are a Mid-Sized Company, we grew from referrals. Most phone calls are still attended by our CEO, he will continue to be responsible.

To be Continued... 

It is not only your Employer's responsibility to follow regulations, it is also your responsibility to ensure your H1B is properly filed to avoid your involvement during DOL Audit, FDNS site visits. 

This is legally mandated process we follow prior to filing an H1B, check to see if your Employer follows this process.

Recruitment Efforts o Hire US Workers  

• Advertise with SWA (State Work Agency)
•         Advertise on Employer Website
• Advertise on a Job based WebSite
• Prepare a Recruitment Report showing good faith effort.