Nagireddi
11-27 10:48 PM
Same with my case any guesses are welcome.
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.
EndRetro
04-19 01:49 PM
Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.
I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).
This is the response to a MAIL that I had sent to the MUMBAI consulate!!
************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)
"Returning workers can apply in any of the four U.S. consulates in India."
It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.
Application fees in this case will NOT be refunded.
Best regards,
Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai
************************************************** ********
I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).
This is the response to a MAIL that I had sent to the MUMBAI consulate!!
************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)
"Returning workers can apply in any of the four U.S. consulates in India."
It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.
Application fees in this case will NOT be refunded.
Best regards,
Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai
************************************************** ********
jungalee43
08-26 09:38 PM
Sailesh thanks for your advise.
Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.
Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.
more...
velu07
06-26 10:05 AM
If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485
ruwanb
10-16 11:09 AM
Dude....think....How much is the GC worth to you. Things can change in an instant and might take ages to get the I-140 processed. Who knows? no one. Is there a guarantee that you will get it in 4 months? But something is for sure.....
PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.
Is that $1000 worth?
PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.
Is that $1000 worth?
more...
ss1026
11-04 11:43 AM
Hey this is good news, atleast the crowd will get reduced in chennai consulate :)
Yes, that will help the chennai consulate lines. And it is great for hyderabadis since we don't have to go to chennai, sometimes multiples times for a single stamping.
Yes, that will help the chennai consulate lines. And it is great for hyderabadis since we don't have to go to chennai, sometimes multiples times for a single stamping.
hopefulgc
12-05 09:54 PM
sorry that job is taken.... a monkey does it already.. what are u gonna replace him?
You mean Visa Bulletin programmer?
You mean Visa Bulletin programmer?
more...
rbms
04-03 10:06 AM
Yes, IV is working on that. If you have not sent the fax #10 and #11 already, please send them and encourage your friends to send it. It addresses your concerns.
HI Admin,
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
HI Admin,
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
Googler
01-14 06:34 PM
Cut and paste for me by my attorney:
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
more...
crazyghoda
10-29 02:54 PM
There is no TDS for any funds held in NRE savings or CD accounts.
amitga
03-05 01:51 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:
Where are the details of the bill? I am not able to find it anywhere.
Where are the details of the bill? I am not able to find it anywhere.
more...
arnet
09-08 05:27 PM
i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
iv_only_hope
08-15 10:11 AM
I am not sure I understand. My wife resides in Mumbai. She had her h1 stamped there some time back around 5 years. That h1 she used and is gone now. Now she applied for h1 in fresh qupta since she was out of us for more than one year. Right now so where should we go for stamping. Shes in us with me on h4. Can we go to canada?
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perm2gc
08-30 12:53 PM
I think for EB2 it is appx 113K USD when GC is approved.It depends on your state wages...
senthil1
04-17 12:03 AM
It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst
Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.
Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.
more...
ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
chanduv23
12-05 09:09 AM
Also note that, most times, paralegals or attorneys do things that are wrong and they knowingly do it for some advantage of theirs. Certain things are not on paper, and they discuss it over the phone. When something wrong happens, they deny that they ever did it.
I am of a strong opinion that we must have face to face discussions with attorneys before they deal with our case.
My company's attorney always communicated only on phone or emails, and at times this makes me nervous. Same with my wife's attorney. He once cancelled a face to face appointment he owed us, because of some other important thing that he had.
In this system, if someone suffers, it is us and no one else, everyone will escape and try to blame us. One must be very careful.
Also be extra cautious when dealing with para legals. Most times, they have no clue what they talk, it is always better to deal with the Attorney in decision making, and as pappu suggested, it is always good to seek opinion from another attorney as a consultant.
I am of a strong opinion that we must have face to face discussions with attorneys before they deal with our case.
My company's attorney always communicated only on phone or emails, and at times this makes me nervous. Same with my wife's attorney. He once cancelled a face to face appointment he owed us, because of some other important thing that he had.
In this system, if someone suffers, it is us and no one else, everyone will escape and try to blame us. One must be very careful.
Also be extra cautious when dealing with para legals. Most times, they have no clue what they talk, it is always better to deal with the Attorney in decision making, and as pappu suggested, it is always good to seek opinion from another attorney as a consultant.
shivarajan
09-20 01:46 AM
have been using mobissimo.com search engine for flights and works gr8. It's searches across all other travel sites. :p
Kodi
07-06 01:31 PM
If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
vin13
03-09 12:15 PM
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
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