rick_rajvanshi
03-20 03:55 PM
USCIS Announces New Requirements for Hiring H-1B Foreign Workers
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
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immiguy
07-18 01:25 PM
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
noone2day78
07-19 08:58 AM
Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
Hi Pappu,
I joined this forum in beginning of July and really have benefited big time with the wealth of information here...Hats of to you all for all the great work and recent accomplishments.
I have a question, that I haven't yet found an answer to...was wondering if you could help me out here...
If dependant is already on h1b (applied 485 through spouse as primary) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?
Hi Pappu,
I joined this forum in beginning of July and really have benefited big time with the wealth of information here...Hats of to you all for all the great work and recent accomplishments.
I have a question, that I haven't yet found an answer to...was wondering if you could help me out here...
If dependant is already on h1b (applied 485 through spouse as primary) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?
2011 Pink Flower Wallpaper.
ksam75
01-08 03:19 PM
Hi Gurus,
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
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return_to_india
03-05 09:53 PM
Transfer money to State Bank of India .
Suva
05-19 11:07 AM
Who has told you that he is on H1B. He could be on L1B also. Anyone can qualify under L1B.
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
TO NID
I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
TO NID
I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.
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kumarc123
10-22 09:28 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
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glus
12-29 09:53 AM
I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.
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jambapamba
08-08 09:39 AM
I believe signatures on 485/131/765/140... forms are far more important than on G28's.
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palemguy
11-27 10:39 PM
Hi guys,
I am a july 3 filer . I saw that there is on LUD with date of 11/25/2007 on my 140 which was approved on Jan 8,2007. My 485, EAD are still pending at NSC.
Can you guys tell me what that LUD on my 140 means?
I appreciate your help.
I am a july 3 filer . I saw that there is on LUD with date of 11/25/2007 on my 140 which was approved on Jan 8,2007. My 485, EAD are still pending at NSC.
Can you guys tell me what that LUD on my 140 means?
I appreciate your help.
more...
speddi
09-16 10:31 AM
I found the address where we need to send the AP Renewal application if using non-usps carriers.
USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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qisolu917o
03-22 10:06 PM
experience is the extract of suffering.I was grateful to Daddy for coming to rescue me when I broke my leg. He also came home from work a time or two to try to talk Mother out of spanking me when I did something wrong. At the beginning of their marriage he really tried to be there for me. I remember once he even took me on the train to St. Louis to see the Cardinals, then our nearest major league baseball team. We stayed overnight and came home the next day. I loved it. Sadly, it was the only trip the two of us ever took together. Like the only time we ever went fishing together. The only time we ever went out into the woods to cut our own Christmas tree together. The only time our whole family took an out-of-state vacation together. Come and buy cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! There were so many things that meant a lot to me but were never to occur again. Roger Clinton really loved me and he loved Mother, but he couldnt ever quite break free of the shadows of self-doubt, the phony security of binge drinking and adolescent partying, and the isolation from and verbal abuse of Mother that kept him from becoming the man he might have been.One night his drunken self-destructiveness came to a head in a fight with my mother I cant ever forget. Mother wanted us to go to the hospital to see my great-grandmother, who didnt have long to live. Daddy said she couldnt go. They were screaming at each other in their bedroom in the back of the house. For some reason, I walked out into the hall to the doorway of the bedroom. Just as I did, Daddy pulled a gun from behind his back and fired in Mothers direction. The bullet went into the wall between where she and I were standing. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) I was stunned and so scared. I had never heard a shot fired before, much less seen one. Mother grabbed me and ran across the street to the neighbors. The police were called. I can still see them leading Daddy away in handcuffs to jail, where he spent the night.
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ram_nara303
01-08 01:53 PM
I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.
:)
:)
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lecter
February 26th, 2004, 10:11 PM
If every member critiques 5 photos a week, in no time, all photos will have comments.
I don't know about you, but I love comments, good or bad about my photos...
many help me to focus efforts and make better images...
Thoughts??
I don't know about you, but I love comments, good or bad about my photos...
many help me to focus efforts and make better images...
Thoughts??
more...
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looneytunezez
04-16 01:09 PM
Per The California State Supreme Court, non-compete clauses in employment contracts are not enforceable in California, except under certain conditions.
so it all depends on your state.
so it all depends on your state.
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yorstruly
07-19 02:07 PM
Hi All,
Is there a way to get an English translation of my birth ceritificate in the US? I have the original with me and to send it to India and get it done seems like a pretty big deal.
Can anyone please advise? Requesting transalation from Marathi to English...
Thanks,
YT
Is there a way to get an English translation of my birth ceritificate in the US? I have the original with me and to send it to India and get it done seems like a pretty big deal.
Can anyone please advise? Requesting transalation from Marathi to English...
Thanks,
YT
more...
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anurag
06-13 11:27 AM
I have been through a couple of acquisitions. You dont need to do anything with the h1b.
But for travel - Whenever you are travel outside US, keep a newspaper clipping of the acquisition. Also take a letter from your HR stating you have been working for Company B, which was acquired by Company A and that you continue to work with the new organization.
But for travel - Whenever you are travel outside US, keep a newspaper clipping of the acquisition. Also take a letter from your HR stating you have been working for Company B, which was acquired by Company A and that you continue to work with the new organization.
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truthinspector
12-18 09:22 AM
I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
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langagadu
05-02 08:42 AM
If I were you, I would explore around the Legal Status from last entry.
ebizash may be right it won't apply if you enter on AP, still worth exploring that area.
Thanks for information. To answer I applied my H1b on June 1, 2002.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
ebizash may be right it won't apply if you enter on AP, still worth exploring that area.
Thanks for information. To answer I applied my H1b on June 1, 2002.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
newuser
07-29 08:19 PM
Quoting what reason did the DMV confiscated your driver's license?
arsh007
10-05 02:54 PM
35-45k Euros is 45-58USD
taxes are 30-35%
Rent is 900Euros (Thats a lot)
No familiar contingetnt :(
No savings, no fun.
I am not saying you shouldnt look into other options, but this doesnt sound rosy to me.
Belgians enjoy one of the best quality of life in the world, job security, social security and free healthcare for life. Jobs are plenty and EU is a big job market specially when you can pick up some basic language skills (French or Dutch).
Belgium and EU countries in general have good labor laws which protect an employee. Its not easy for a European employee to be fired as in the US. I remember a French guy who worked in my office back in 2002 and was fired because of cost-cutting. His 10 year stint with the company brought him 50,000 Euros in settlemet (That's about 7-10% of salary for each year he worked for the company). The best part was he ended up in a new job within a month.
Unlike US you are certain to become a "permanent resident" after 5 years of stay on a work permit which in turn provides lot more opportunities in the long run. Not a bad option to consider specially when you compromise a little on the pay.
taxes are 30-35%
Rent is 900Euros (Thats a lot)
No familiar contingetnt :(
No savings, no fun.
I am not saying you shouldnt look into other options, but this doesnt sound rosy to me.
Belgians enjoy one of the best quality of life in the world, job security, social security and free healthcare for life. Jobs are plenty and EU is a big job market specially when you can pick up some basic language skills (French or Dutch).
Belgium and EU countries in general have good labor laws which protect an employee. Its not easy for a European employee to be fired as in the US. I remember a French guy who worked in my office back in 2002 and was fired because of cost-cutting. His 10 year stint with the company brought him 50,000 Euros in settlemet (That's about 7-10% of salary for each year he worked for the company). The best part was he ended up in a new job within a month.
Unlike US you are certain to become a "permanent resident" after 5 years of stay on a work permit which in turn provides lot more opportunities in the long run. Not a bad option to consider specially when you compromise a little on the pay.