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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nozerd
12-17 09:18 PM
Yup, same here. 7 yrs 5 months and waiting.
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
bo12b
11-22 05:13 PM
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
2011 Johnny Depp Picture amp; Photo
sundarpn
06-30 04:04 PM
eb3retro,
Did u change employers on EAD? or H1b transfer?
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
Did u change employers on EAD? or H1b transfer?
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
more...
pappu
09-24 10:14 AM
My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.
Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?
Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.
The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?
Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?
Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.
The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?
Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
Jimi_Hendrix
12-14 11:30 AM
This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.
more...
RandyK
02-16 11:46 AM
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
2010 Father: John Christopher Depp
bhagat69
02-27 09:27 AM
Hi, I am actually in the same boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.
Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?
Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.
Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.
I will really appreciate someone who has experience with these issues to advise me on them.
NOTE: Can someone please tell me how I can create my own new thread on immigration voice.
Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?
Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.
Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.
I will really appreciate someone who has experience with these issues to advise me on them.
NOTE: Can someone please tell me how I can create my own new thread on immigration voice.
more...
maddipati1
07-17 04:34 PM
my wife used AP in Feb'09 end. IOs are very well aware of it, so take it easy, not a thing to worry. they do send u to secondary inspection room for sure, but didnt even take more than 5 mins for us and no questions asked. seems like they know what they are suppose to do. logically, with the # of IT immigrants in Bay area, they must be used to it.
hair Actor Johnny Depp.
Jerrome
10-18 04:06 PM
The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.
more...
indianindian2006
08-28 02:10 PM
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
You are right I remember that he posted that he got his GC recently.
You are right I remember that he posted that he got his GC recently.
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seekerofpeace
09-04 03:30 PM
USCIS loves me yeaahhh yeaahhh yeaahhhh.....
USCIS loves me yeaahhh yeaahhh yeaahhhh......
But does not welcome me or order CP.....well .....the ordeal is not over yet......
SoP
USCIS loves me yeaahhh yeaahhh yeaahhhh......
But does not welcome me or order CP.....well .....the ordeal is not over yet......
SoP
more...
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piperwarrior
08-14 05:18 PM
Most personal finance books will tell you that cash life policies (such as Universal Life) are financially bad investments. They are laced with all sorts of fees, which is why salespeople recommend them.
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
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Dhundhun
06-26 04:13 AM
...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.
I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.
But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.
I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.
But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.
more...
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RandyK
10-29 02:48 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
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SureShot
04-28 02:23 PM
I picked IronKart but not by much. It was much shinier and brighter than my second choice - Sens.
If Sens' was brighter and I could see more, I think I would have picked it cause it was closer up and had more detail. I couldnt even see cyber's - the link was dead?
If Sens' was brighter and I could see more, I think I would have picked it cause it was closer up and had more detail. I couldnt even see cyber's - the link was dead?
more...
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me_myself
12-19 05:08 PM
I found this while searching. That matches my scenario exactly - Please let me know if what the users have posted is accurate. i.e., i can be in india (without payroll) till my h1 validity - this would not have my h1 revoked.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=5481010971
Thanks.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=5481010971
Thanks.
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moonrah
06-01 08:45 AM
Be adviced, even though they are ready to file your GC in EB2, they frequently lay off people in which case they might not be able to file your GC on the commited day. Big companies go by book. Generally when company lays off, it can not file new labor within 180 days of the effectice lay off. Of course it depends on what kind of people they are laying off and if the title matches your position and what not. But this happened to me. I work for another big company (not oracle) and mine was delayed six months due to this reason. I do not want to scare you but just want to educate you. Think about all these scenarios before making any decision. Good Luck.
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bmeduru11
11-09 06:02 AM
Hi all,
Recently I recieved a RFE on ability to pay regarding my I-140.
I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
Please suggest me any options that I can do
Recently I recieved a RFE on ability to pay regarding my I-140.
I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
Please suggest me any options that I can do
RDB
06-15 11:18 PM
BTW, in the first place, shouldn't you have checked before going to the Interview that his passport has expired?.....that is a bit lame in my view...!....that's the first requirement for going to any immigration office - your passport should be valid for atleast 6 months from that date.
Anyways, passport renewal can be done very fast at the consulate. I don't think they will stamp it on the current passport.
Thank you for the quick response and advise.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
Anyways, passport renewal can be done very fast at the consulate. I don't think they will stamp it on the current passport.
Thank you for the quick response and advise.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
needhelp!
10-30 02:27 PM
Microsofties, please support
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