vicks_don
10-17 02:25 PM
Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.
wallpaper 60 HQ Horror and Macabre
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
GC_1000Watt
08-05 03:42 PM
Hello all,
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
Thanks for sharing your expereince. Just wanted to know Where did you stay in Mumbai? And how much was the rate?
Also did you submitted H1B fees diff. of new and old fee duting the visa interview?
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
Thanks for sharing your expereince. Just wanted to know Where did you stay in Mumbai? And how much was the rate?
Also did you submitted H1B fees diff. of new and old fee duting the visa interview?
2011 Screenshots Horror Wallpapers:
sameer2730
01-25 06:45 PM
He is neither new nor inexperienced. He is one of the new gang which post pointless yet barely believable posts here. The purpose is to confuse, raise hopes and aggravate. Try to avoid responding to such posts. One good criteria is posts by people with just 2-5 posts and a few greens already.
more...
arkrish68
04-09 02:55 PM
Hi
Does any know how much time it takes to get the AP by mail when it is mailed on 04/03/2009 as per online status.
Thanks
Does any know how much time it takes to get the AP by mail when it is mailed on 04/03/2009 as per online status.
Thanks
gc_on_demand
05-14 11:27 AM
Is there anyone out there pursuing CP and already working in the USA?
In today's economy/job market, it is a nightmare not to have the protection of EAD.
Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?
Any thoughts?
Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.
CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.
For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.
For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.
Now you dont have even option to get EAD so I would say stick with CP.
In today's economy/job market, it is a nightmare not to have the protection of EAD.
Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?
Any thoughts?
Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.
CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.
For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.
For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.
Now you dont have even option to get EAD so I would say stick with CP.
more...
vactorboy29
02-19 06:01 PM
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
2010 desktop wallpapers, Horror
ashkam
03-25 08:17 AM
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
You can postpone your graduation but you need to have completed all your credit hours and thesis work if any before you can apply on the master's degree quota. That is what people use their status letters for, to tell the USCIS that they have completed all degree requirements but will graduate later. In your case, since you haven't finished your degree requirements and will not do so by the time you apply for your H1B, the status letter is of no use.
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
You can postpone your graduation but you need to have completed all your credit hours and thesis work if any before you can apply on the master's degree quota. That is what people use their status letters for, to tell the USCIS that they have completed all degree requirements but will graduate later. In your case, since you haven't finished your degree requirements and will not do so by the time you apply for your H1B, the status letter is of no use.
more...
psaxena
04-07 04:59 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
hair creepy wallpaper. Horror
OLDMONK
07-18 10:01 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
Dont want to futher your suffering but you are hosed. I have a consultant working in our office with a similar situation and he is planning Canada.
I dont think this board has a solution for you. But a real good immigration attorney may do something (and that does not necessarily mean Murthy Or Khanna). Remember you still have a chance until you are in US. Legal or whatever, just run and scan every out you got.
From my common sense understanding the court won't do what you wish.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
Dont want to futher your suffering but you are hosed. I have a consultant working in our office with a similar situation and he is planning Canada.
I dont think this board has a solution for you. But a real good immigration attorney may do something (and that does not necessarily mean Murthy Or Khanna). Remember you still have a chance until you are in US. Legal or whatever, just run and scan every out you got.
From my common sense understanding the court won't do what you wish.
more...
ronhira
10-17 04:49 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
who cares...... well..... 'ignorant' 'inward looking' 'large ego' 'nothing to ask' 'nothing to do' desi care.....
what difference does it make if google has an icon or wh/obama send a message on dewali...... its only symbolism..... not a cent more...... few jerks will claim "victory" for getting wh lights..... but does it help even a single soul with his/her problems...... absolutely not..... so don't tell me that google icon of dewali or lights in wh has any relevance..... this topic is for those who have no real issue to talk and no real problem in life...... but are simply busy stroking their own inward looking large egos....... anybody disagree? ...... guess not.....
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
who cares...... well..... 'ignorant' 'inward looking' 'large ego' 'nothing to ask' 'nothing to do' desi care.....
what difference does it make if google has an icon or wh/obama send a message on dewali...... its only symbolism..... not a cent more...... few jerks will claim "victory" for getting wh lights..... but does it help even a single soul with his/her problems...... absolutely not..... so don't tell me that google icon of dewali or lights in wh has any relevance..... this topic is for those who have no real issue to talk and no real problem in life...... but are simply busy stroking their own inward looking large egos....... anybody disagree? ...... guess not.....
hot friday horror Wallpaper,
starving_dog
09-02 02:01 AM
I'm glad to hear that you are well. Have a great Labor Day weekend.
more...
house Horror Wallpapers, Creative
immiusa
06-17 12:02 PM
Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".
tattoo wallpapers - Horror Movies
FinalGC
07-20 12:47 PM
In Michigan if you want to get in-state fees, then one has to be GC holder. My wife has put her studies at bay until GC comes. Trying to focus on our 2 children in the meantime.....with the hope that at least they will do well in the future......
I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.
I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.
more...
pictures Horror Wallpapers
gparr
October 6th, 2005, 11:13 AM
Agree with Anders on shooting small birds. The limited success I've had has only come when I've regularly gone to a location and stood still/sat still so they get used to me. At a bird feeding station in a local preserve, I go during my lunch hour in the winter. I find that I have to stand in one location with camera/tripod set up. When I first arrive the birds all disappear. It takes about 30 min. at this location before they start making their way back to the feeder. I can watch them as they move from tree to tree, progressively closer to the feeder. After 30 min. or so, they'll start feeding and landing in close-by bushes and I can start shooting. Of course, by then, my hands and feet are frozen. The price you pay. Like Anders, I also have more success and shorter sessions if I'm able to visit the same place frequently. If I just had Anders' skills I'd probably have some good shots to show for the effort. This cardinal shot is one lucky result from a frozen-limb effort.
Gary
http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg
Gary
http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg
dresses Horror wallpapers a ghost
Desertfox
03-05 01:32 PM
They have a provision for deporting legal (and illegal) immigrants on their first DUI conviction. Seems to me they are now serious about creating an officialy declared permanent underclass in this country. The house Democrats are also singing the same chorus. I just can't believe that these are the same Democrats who we thought will replace the Republican Congress on the Hill and legalize every immigrants in this country. There were very few on this forum who thoght otherwise during 2006-CIR failure in the Republican congress.:mad:
more...
makeup terrific horror Wallpaper,
vine93
10-16 08:48 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
girlfriend horror terrific Wallpaper,
mikemeyers
05-07 02:19 PM
Hi
To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.
We have police report for the lost passport.
I already checked Indian embessy's website, they have instructions for duplicate passport.
My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?
plz help..
regards,
To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.
We have police report for the lost passport.
I already checked Indian embessy's website, they have instructions for duplicate passport.
My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?
plz help..
regards,
hairstyles Enjoy these scary wallpapers!
nogc_noproblem
07-19 12:01 AM
Bump >>>>>>
sku
02-25 01:53 PM
This is the News Letter That I got from my attorney.
-----------------------------------------------------------------
TARP Restricts H-1B Hiring for Funds Recipients
The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:
� The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.
� The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.
� The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.
TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.
The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.
The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.
Effective Date of New Form I-9 Delayed Until April 3, 2009
The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.
Rising Unemployment May Affect PERM Processing
In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.
Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.
E-Verify Start Date for Federal Contractors Extended
U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States
US VISIT Expanded to Include Lawful Permanent Residents
The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.
Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.
-----------------------------------------------------------------
TARP Restricts H-1B Hiring for Funds Recipients
The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:
� The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.
� The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.
� The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.
TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.
The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.
The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.
Effective Date of New Form I-9 Delayed Until April 3, 2009
The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.
Rising Unemployment May Affect PERM Processing
In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.
Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.
E-Verify Start Date for Federal Contractors Extended
U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States
US VISIT Expanded to Include Lawful Permanent Residents
The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.
Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.
Ann Ruben
02-06 12:22 PM
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann