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  • 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.





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  • help_please
    10-05 11:01 AM
    I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.

    http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us





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  • maheshf
    02-20 01:23 PM
    I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters





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  • up_guy
    09-26 09:59 PM
    pls reply on this..



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  • viva
    01-28 08:42 PM
    Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.


    Great- It sounds like at least one person joined.....Any more takers of this pledge?>

    Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?

    Let's do this one member at a time......





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  • Legal_In_A_Limbo
    01-14 09:37 PM
    please share ur experiences



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  • kshitijnt
    03-06 11:17 AM
    All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?





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  • ganguteli
    03-04 05:43 PM
    Is there anything i can do on H4 visa??

    You can volunteer your time for IV and help .

    You can also expand your family . Do not wait and put your life on hold due to your visa status.



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  • greenguru
    04-15 11:57 PM
    Is Advance Degree MS ? or BS ?





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  • rpat1968
    09-06 03:43 PM
    You should get yours in 1-2 days

    My wife received her FP notice 2 days ago and I am still waiting for FP notices for me and my daughter.



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  • ashkam
    03-23 03:35 PM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1

    You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.





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  • snathan
    05-04 06:21 PM
    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.

    May I know on what basis you are recommending this. Do you have any legal basis.?



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  • hazishak
    08-01 11:16 AM
    I know it is not the right place to put it. But I could not find any appropriate thread..............................:( :( :(





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  • ImmigrationAnswerMan
    07-01 03:52 PM
    Anil:

    L's are only approved for one year where the U.S. company is a new office.



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  • meridiani.planum
    07-18 10:37 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

    Thanks!

    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)





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  • BeCoolGuy
    04-16 09:46 AM
    EAD/AP is personal choice. Employer can only govern what he has under his control - which is LC and I-140. He cannot chose to not allow EAD or AP, and you are not obliged to inform him. Good employers sponsor everything and the rest dont. But legally (i am not a lawyer though), they cannot do anything with you if you apply for EAD and keep it as a backup. Yes, if you chose to use your EAD to do extra work in addition to your employer's it may come against company policy. But if you intend to just keep it as a backup, there is nothing wrong..

    Go to USCIS efile website and file it on your own (EAD and AP).

    Gudluck



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  • belmontboy
    02-24 04:39 PM
    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.

    Is Company A Satyam??





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  • sbabunle
    08-24 06:41 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.





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  • beppenyc
    03-20 08:15 PM
    http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=

    Q Okay. My question is, since 9/11, one of the key things that we need
    is immigration reform, including comprehensive immigration reform that is
    right now in front of Senator Specter's committee in the Judiciary. There are
    two principles I'm hoping that you would support: One, the good people, the
    engineers, the PhDs, the doctors, the nurses, the people in the system who
    have followed the rules, will go to the head of the line in any form of
    immigration reform. That's Title IVz of the bill.
    Secondly, the illegals who have not followed the rules -- I understand the
    debate, I appreciate your statements about immigration reform, but isn't it
    better that we know who they are, have them finger-printed and photographed,
    and allow some form of 245I to come back so --

    THE PRESIDENT: Tell people what that is. Tell people what 245I is.

    Q Okay -- 245I is a partial amnesty program that expired back in 2001,
    in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
    a small segment of the illegal population where they would pay the $1,000 fine
    and, for example, coming in illegally, then marrying an American citizen,
    could somehow legalize their status.

    THE PRESIDENT: Okay. Let me give you some broad principles on
    immigration reform as I see them. First of all, we do need to know who's
    coming into our country and whether they're coming in illegally, or not
    legally -- legally or not legally -- and whether they're coming in or going
    out. And part of reforms after September the 11th was a better system of
    finding out who's coming here.
    Secondly, we have a big border between Texas and Mexico that's really hard
    to enforce. We got to do everything we can to enforce the border,
    particularly in the south. I mean, it's the place where people are pouring
    across in order to find work. We have a situation in our own neighborhood
    where there are way -- disparities are huge, and there are jobs in America
    that people won't do. That's just a fact. I met an onion grower today at the
    airport when I arrived, and he said, you got to help me find people that will
    grow onions -- pluck them, or whatever you do with them, you know.
    (Laughter.) There are jobs that just simply aren't getting done because
    Americans won't do them. And yet, if you're making 50 cents an hour in
    Mexico, and you can make a lot more in America, and you got mouths to feed,
    you're going to come and try to find the work. It's a big border, of which --
    across which people are coming to provide a living for their families.
    Step one of any immigration policy is to enforce our border in practical
    ways. We are spending additional resources to be able to use different
    detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
    way, expand the number of agents on the border, to make sure we're getting
    them the tools necessary to stop people from coming across in the first place.
    Secondly, part of the issue we've had in the past is we've had -- for lack
    of a better word -- catch and release; the Border Patrol would find people
    sneaking in; they would then hold them for a period of time; they'd say, come
    back and check in with us 45 days later, and then they wouldn't check in 45
    days later. And they would disappear in society to do the work that some
    Americans will not do.
    And so we're changing catch and release. We're particularly focusing on
    those from Central America who are coming across Mexico's southern border,
    ending up in our own -- it's a long answer, but it's an important question:
    How do we protect our borders, and at the same time, be a humane society?
    Anyway, step one, focus on enforcing border; when we find people, send
    them home, so that the work of our Border Patrol is productive work.
    Secondly, it seems like to me that part of having a border security
    program is to say to people who are hiring people here illegally, we're going
    to hold you to account. The problem is our employers don't know whether
    they're hiring people illegally because there's a whole forgery industry
    around people being smuggled into the United States. There's a smuggling
    industry and a forgery industry. And it's hard to ask our employers, the
    onion guy out there, whether or not he's got -- whether or not the documents
    that he's being shown that look real are real.
    And so here's a better proposal than what we're doing today, which is to
    say, if you're going to come to do a job an American won't do, you ought to be
    given a foolproof card that says you can come for a limited period of time and
    do work in a job an American won't do. That's border security because it
    means that people will be willing to come in legally with a card to do work on
    a limited basis, and then go home. And so the agents won't be chasing people
    being smuggled in 18-wheelers or across the Arizona desert. They'll be able
    to focus on drugs and terrorists and guns.
    The fundamental question that he is referring to is, what do we do about -
    - there's two questions -- one, should we have amnesty? And the answer, in my
    judgment, is, no, we shouldn't have amnesty. In my judgment, granting
    amnesty, automatic citizenship -- that's what amnesty means -- would cause
    another 11 million people, or however many are here, to come in the hopes of
    becoming a United States citizen. We shouldn't have amnesty. We ought to
    have a program that says, you get in line like everybody else gets in line;
    and that if the Congress feels like there needs to be higher quotas on certain
    nationalities, raise the quotas. But don't let people get in front of the
    line for somebody who has been playing by the rules. (Applause.)
    And so, anyway, that's my ideas on good immigration policy. Obviously,
    there's going to be some questions we have to answer: What about the person
    who's been here since 1987 -- '86 was the last attempt at coming up with
    immigration reform -- been here for a long period of time. They've raised a
    family here. And my only advice for the Congress and for people in the debate
    is understand what made America. We're a land of immigrants. This guy is
    from Hungary, you know. (Applause.) And we got to treat people fairly.
    We've got to have a system of law that is respectful for people.
    I mean, the idea of having a program that causes people to get stuck in
    the back of 18-wheelers, to risk their lives to sneak into America to do work
    that some people won't do is just not American, in my judgment. And so I
    would hope the debate would be civil and uphold the honor of this country.
    And remember, we've been through these periods before, where the immigration
    debate can get harsh. And it should not be harsh. And I hope -- my call for
    people is to be rational about the debate and thoughtful about what words can
    mean during this debate.
    Final question, sir. You're paying me a lot of money and I got to go back
    to work. (Laughter.)



    PS I did not know about the story of I-245 on 9/11....





    delax
    07-19 05:44 PM
    Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS

    Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!





    yestogc
    06-09 12:33 PM
    I second your thought khodalmd, ............... when there is no country cap on H1B , why on GC then, this creates more backlog



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