Outkastpb231
11-02 03:51 PM
Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about. :D
No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.
No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.
wallpaper Amber Heard by Tasya Van Ree
akilaakka
07-28 01:17 PM
Yes I had one
arsh007
02-28 12:08 PM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
2011 Girlfriend, Tasya Van Ree
nish2006
04-27 08:52 AM
Dear All,
I had earlier submitted my paperwork for I-140 and I-485 concurrently via my lawyers during August 2007. On April 16th this year, I received email notification from USCIS that my I-140 had been denied, and that a letter describing this (with the reasons for denial and options available) was in the mail. That letter has yet to be received (it was probably mailed to the lawyers directly), but in the meantime, I would greatly appreciate your advice on this subject and a response to the following points, so I may plan the necessary action to defend my position:
a) I fully intend to appeal, but have been told that the success rate of such appeals is very low, in the 5-10% range. Would this be accurate?
b) Regrettably, my H1-B expired on January 24th, 2009. I should never have take the advice I did, but as a result, I now only hold an EAD and AP document, with EAD valid until Oct 2010 and the AP valid until Oct 2009.
c) Since my H1-B has expired, would denial of my I-140 automatically cancel my I-485 application? In such an event, am I allowed to stay in the country for the duration of my EAD and/or AP, and work for the same employer?
d) If I am not allowed to stay using my EAD/AP, would it help to re-apply for a new H1-B under premium processing? If necessary, I can even apply under a different company from my present employer (a wholly-owned subsidiary, also based in the US).
e) Another issue that may complicate this is the fact that I have already travelled once this year using my AP (after the H1-B expired), and this has been stamped on entry. Would this pose a problem with any new H1-B application?
I would really appreciate your taking the trouble to respond to the above queries, together with any advice you might have for someone in my position. Many thanks for your help.
Best Regards
I had earlier submitted my paperwork for I-140 and I-485 concurrently via my lawyers during August 2007. On April 16th this year, I received email notification from USCIS that my I-140 had been denied, and that a letter describing this (with the reasons for denial and options available) was in the mail. That letter has yet to be received (it was probably mailed to the lawyers directly), but in the meantime, I would greatly appreciate your advice on this subject and a response to the following points, so I may plan the necessary action to defend my position:
a) I fully intend to appeal, but have been told that the success rate of such appeals is very low, in the 5-10% range. Would this be accurate?
b) Regrettably, my H1-B expired on January 24th, 2009. I should never have take the advice I did, but as a result, I now only hold an EAD and AP document, with EAD valid until Oct 2010 and the AP valid until Oct 2009.
c) Since my H1-B has expired, would denial of my I-140 automatically cancel my I-485 application? In such an event, am I allowed to stay in the country for the duration of my EAD and/or AP, and work for the same employer?
d) If I am not allowed to stay using my EAD/AP, would it help to re-apply for a new H1-B under premium processing? If necessary, I can even apply under a different company from my present employer (a wholly-owned subsidiary, also based in the US).
e) Another issue that may complicate this is the fact that I have already travelled once this year using my AP (after the H1-B expired), and this has been stamped on entry. Would this pose a problem with any new H1-B application?
I would really appreciate your taking the trouble to respond to the above queries, together with any advice you might have for someone in my position. Many thanks for your help.
Best Regards
more...
brb2
11-03 07:02 AM
Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
langagadu
06-27 11:46 PM
Please merge your thread with the following one which we had one year back. Join your hand with rpuja.
http://immigrationvoice.org/forum/self-filing-documents-forms-directions-mailing/20493-lord-ganesha-india-pale-beer.html
I dont know how true it is..I found the article at this site
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
http://immigrationvoice.org/forum/self-filing-documents-forms-directions-mailing/20493-lord-ganesha-india-pale-beer.html
I dont know how true it is..I found the article at this site
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
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gchopefull
12-17 12:39 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
2010 Tasya van Ree.
sanju
07-11 01:30 AM
I emailed some of our core members. I hope they can take out some time to deal with these rouge elements tomorrow. In Hindi they say- Asteen Ka Saanp ( snake in your sleeve) for this kind of behavour from USINPAC
I agree with you 100%. I think Anti-Immigrants like NumbersUSA and Tom Tancredo is better than USINPAC. For Anti-immigrants atleast we know where they stand and we know what to expect from them. usinpac is the worst kind of disease for the community where they can trick you anytime and you will not even know when they are stabbing you at your back. They just want to do photo-ops and claim the credit for the things they didn't even know. I live in VA and most people in Indian community in northern VA know about the inside story of these scamster. Initially a few lawmakers got the impression that usinpac represent the Indian American community, maybe that is what the con-artist at this org conveyed to a few lawmakers. Now everybody in DC area, including the lawmakers, know the truth about this group. A journalist friend in MD told me that even press and reporters know about this totally useless org called usinpac.
It is one thing if they do something and then claim credit for doing it. The problem is first of all they claim to represent entire Indian American community; on top of that they do not do anything about the any issue including green card issue. But when they see something happening they will try to take ownership of anything moving and will try to make a show that things are moving because of them. Just as in this case, all the members of IV sent flowers and these guys are releasing press release to tell to the world that they are the once doing this drive. Such press release from them is extremely damaging as the basic intent of the ENTIRE flower campaign was o draw media attention. In this case usinpac did not spare all the people spending days and nights to coordinate, Nixtor and English_august and thousands of people who sent flowers. How can someone stoop so low? Now they want to get media attention and that is why they have sneaked in this press release. IV core must come clean on this and clearly renounce these consistent immature acts of these con-artists. This org with extremely bad reputation and we must stay as far away from them as possible.
I agree with you 100%. I think Anti-Immigrants like NumbersUSA and Tom Tancredo is better than USINPAC. For Anti-immigrants atleast we know where they stand and we know what to expect from them. usinpac is the worst kind of disease for the community where they can trick you anytime and you will not even know when they are stabbing you at your back. They just want to do photo-ops and claim the credit for the things they didn't even know. I live in VA and most people in Indian community in northern VA know about the inside story of these scamster. Initially a few lawmakers got the impression that usinpac represent the Indian American community, maybe that is what the con-artist at this org conveyed to a few lawmakers. Now everybody in DC area, including the lawmakers, know the truth about this group. A journalist friend in MD told me that even press and reporters know about this totally useless org called usinpac.
It is one thing if they do something and then claim credit for doing it. The problem is first of all they claim to represent entire Indian American community; on top of that they do not do anything about the any issue including green card issue. But when they see something happening they will try to take ownership of anything moving and will try to make a show that things are moving because of them. Just as in this case, all the members of IV sent flowers and these guys are releasing press release to tell to the world that they are the once doing this drive. Such press release from them is extremely damaging as the basic intent of the ENTIRE flower campaign was o draw media attention. In this case usinpac did not spare all the people spending days and nights to coordinate, Nixtor and English_august and thousands of people who sent flowers. How can someone stoop so low? Now they want to get media attention and that is why they have sneaked in this press release. IV core must come clean on this and clearly renounce these consistent immature acts of these con-artists. This org with extremely bad reputation and we must stay as far away from them as possible.
more...
zuhail
10-14 02:07 PM
Obviously this bill will definitely help the EB back log -- this bill should be supported whole-heartedly.
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
hair photographer Tasya van Ree
akhilmahajan
04-13 01:35 PM
AFAIK, for summer the courses can be part time. This was the case back in 2001 when i went for my masters.
Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.
I hope this helps. All the best.
GO I/WE GO. TOGETHER WE CAN.
Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.
I hope this helps. All the best.
GO I/WE GO. TOGETHER WE CAN.
more...
getta05
03-27 03:06 PM
I dont understand.
Why is it limited to 5%?
Why is it limited to 5%?
hot Tasya Van Ree | Find the
imm_pro
05-15 11:15 PM
This is awsome..also on the newsdesk..:):):):):)
Feinstein, Lofgren use Iraq spending bill to push for guest-worker program
05-15) 19:18 PDT Washington - -- Two of California's most immigrant-dependent industries - agriculture and Silicon Valley - are pushing narrow measures through Congress in an effort to employ foreign workers at opposite ends of the labor market, people who pick vegetables and the postgraduate engineers and scientists of Silicon Valley.
Sen. Dianne Feinstein attached a farm guest-worker program to the giant Iraq spending bill today in a last-ditch effort to remedy a shortage of workers in California's produce fields as the federal government continues to crack down on illegal immigration and the political climate proves hostile to more sweeping measures.
Rep. Zoe Lofgren, D-San Jose, teaming with Republicans, is pushing several bills to give permanent residence to top engineering talent.
"It's an emergency," Feinstein said of the farm worker situation. "If you can't get people to prune, to plant, to pick, to pack, you can't run a farm."
Her addition to the Iraq spending bill would give temporary legal status to 1.3 million farm workers over the next five years, but it would provide no path to citizenship or permanent residency. It passed the Senate Appropriations Committee 17 to 12 today.
Workers applying for the program would have to prove they had worked on U.S. farms for at least 150 days or 863 hours, or had earned at least $17,000, during the last four years. They would have to remain working in agriculture for the next five years, when the program would expire.
The move marks an end for now to efforts to give farm workers a path to citizenship after a sweeping immigration bill crashed in the Senate last June. Feinstein has been trying all year to attach a bill called AgJobs but has met nothing but dead-ends.
Western Growers, representing California farmers, and the United Farm Workers of American union joined in backing the bill. Western Growers President Tom Nassif said large growers are accelerating efforts to move their farming operations to Mexico. The 15 growers out of several hundred who responded to a survey and were willing to talk about their plans moved 84,000 acres worth of crop production to Mexico this year, twice as many acres as last year, Nassif said.
"Once the acreage moves to Mexico, it's there permanently," Nassif said. "Much of the remaining open space in California is agricultural land. If it's not farmed, we'd be growing condos or cementing it over with office buildings."
The tightening of the border has made it increasingly difficult, dangerous and expensive for laborers to return to the United States if they leave, disrupting the traditional circular flow of farm workers from Mexico to California's fields in the Salinas and Central valleys. Most farm workers arrive illegally, and farmers complain that an existing guest worker program called H2A is cumbersome and ineffective. Feinstein's bill would streamline that program's rules.
Growers are apprehensive about a new administration effort, temporarily stopped by a federal court, that would require employers to match workers with a valid Social Security number or be heavily fined. The Department of Homeland Security is refining the rule to get past court objections.
United Farmworkers President Arturo Rodriguez said farming is facing "a very real emergency" and applauded the bill as a "critical but temporary fix to a much larger problem."
Feinstein acknowledged that the chances of getting the bill all the way through Congress, even attached to war spending, is "uphill all the way."
On the other side of the Capitol, Rep. Zoe Lofgren, D-San Jose, is teaming with conservative Republicans to try to push similar discreetly targeted measures for Silicon Valley. She has dropped efforts for now to expand the controversial H-1B program for temporary high-skilled workers, which again this year ran out of its 85,000 visas on the first day they were released. Lofgren said the program needs changes, given its wide use by Indian offshoring companies.
Instead, Lofgren has introduced a passel of five small-bore immigration bills, among them one that would allow masters' and doctoral graduates from U.S. universities to apply immediately for permanent residence, skipping the H-1B program altogether.
"Most people would agree if you get your Ph.D in engineering from an American university, you've got something to offer this country," Lofgren said. "Right now, we have no ability to keep those people here ... we send them home to compete against Americans. It would make more sense to keep them here to help us compete."
Lofgren has even teamed up on one bill, to "recapture" unused permanent resident slots, with Rep. James Sensenbrenner, the Wisconsin Republican famous as the author of immigration crackdown legislation, never enacted, that was so harsh it led to the nation's first large-scale Latino protests in 2006.
"What's happened is that with the shortage of very high-level people, multinational companies are sending their project teams offshore," Lofgren said. "Not only the top hot-shot leading the team, but all the support jobs that go with that hot shot. Among the people I've met is a guy who spent four years at Harvard, seven at Stanford's engineering school, then did practical training and has been here six years on an H1B, and he's in limbo. He's an extremely talented person and has no idea what his future is going to be. He's being recruited in Australia and Europe, and he's ready to bail out. What he needs is not more temporary time."
Members of the Silicon Valley Leadership Group of business executives spent Thursday lobbying Congress on high-skilled immigration and tax breaks for solar energy and research and development.
"This is no time to say to high-skilled workers in a global economy that we don't want you," said Barry Cinnamon, chief executive of Akeena Solar in Los Gatos. "We're happy to have that argument with anyone."
E-mail Carolyn Lochhead at clochhead@sfchronicle.com
Feinstein, Lofgren use Iraq spending bill to push for guest-worker program
05-15) 19:18 PDT Washington - -- Two of California's most immigrant-dependent industries - agriculture and Silicon Valley - are pushing narrow measures through Congress in an effort to employ foreign workers at opposite ends of the labor market, people who pick vegetables and the postgraduate engineers and scientists of Silicon Valley.
Sen. Dianne Feinstein attached a farm guest-worker program to the giant Iraq spending bill today in a last-ditch effort to remedy a shortage of workers in California's produce fields as the federal government continues to crack down on illegal immigration and the political climate proves hostile to more sweeping measures.
Rep. Zoe Lofgren, D-San Jose, teaming with Republicans, is pushing several bills to give permanent residence to top engineering talent.
"It's an emergency," Feinstein said of the farm worker situation. "If you can't get people to prune, to plant, to pick, to pack, you can't run a farm."
Her addition to the Iraq spending bill would give temporary legal status to 1.3 million farm workers over the next five years, but it would provide no path to citizenship or permanent residency. It passed the Senate Appropriations Committee 17 to 12 today.
Workers applying for the program would have to prove they had worked on U.S. farms for at least 150 days or 863 hours, or had earned at least $17,000, during the last four years. They would have to remain working in agriculture for the next five years, when the program would expire.
The move marks an end for now to efforts to give farm workers a path to citizenship after a sweeping immigration bill crashed in the Senate last June. Feinstein has been trying all year to attach a bill called AgJobs but has met nothing but dead-ends.
Western Growers, representing California farmers, and the United Farm Workers of American union joined in backing the bill. Western Growers President Tom Nassif said large growers are accelerating efforts to move their farming operations to Mexico. The 15 growers out of several hundred who responded to a survey and were willing to talk about their plans moved 84,000 acres worth of crop production to Mexico this year, twice as many acres as last year, Nassif said.
"Once the acreage moves to Mexico, it's there permanently," Nassif said. "Much of the remaining open space in California is agricultural land. If it's not farmed, we'd be growing condos or cementing it over with office buildings."
The tightening of the border has made it increasingly difficult, dangerous and expensive for laborers to return to the United States if they leave, disrupting the traditional circular flow of farm workers from Mexico to California's fields in the Salinas and Central valleys. Most farm workers arrive illegally, and farmers complain that an existing guest worker program called H2A is cumbersome and ineffective. Feinstein's bill would streamline that program's rules.
Growers are apprehensive about a new administration effort, temporarily stopped by a federal court, that would require employers to match workers with a valid Social Security number or be heavily fined. The Department of Homeland Security is refining the rule to get past court objections.
United Farmworkers President Arturo Rodriguez said farming is facing "a very real emergency" and applauded the bill as a "critical but temporary fix to a much larger problem."
Feinstein acknowledged that the chances of getting the bill all the way through Congress, even attached to war spending, is "uphill all the way."
On the other side of the Capitol, Rep. Zoe Lofgren, D-San Jose, is teaming with conservative Republicans to try to push similar discreetly targeted measures for Silicon Valley. She has dropped efforts for now to expand the controversial H-1B program for temporary high-skilled workers, which again this year ran out of its 85,000 visas on the first day they were released. Lofgren said the program needs changes, given its wide use by Indian offshoring companies.
Instead, Lofgren has introduced a passel of five small-bore immigration bills, among them one that would allow masters' and doctoral graduates from U.S. universities to apply immediately for permanent residence, skipping the H-1B program altogether.
"Most people would agree if you get your Ph.D in engineering from an American university, you've got something to offer this country," Lofgren said. "Right now, we have no ability to keep those people here ... we send them home to compete against Americans. It would make more sense to keep them here to help us compete."
Lofgren has even teamed up on one bill, to "recapture" unused permanent resident slots, with Rep. James Sensenbrenner, the Wisconsin Republican famous as the author of immigration crackdown legislation, never enacted, that was so harsh it led to the nation's first large-scale Latino protests in 2006.
"What's happened is that with the shortage of very high-level people, multinational companies are sending their project teams offshore," Lofgren said. "Not only the top hot-shot leading the team, but all the support jobs that go with that hot shot. Among the people I've met is a guy who spent four years at Harvard, seven at Stanford's engineering school, then did practical training and has been here six years on an H1B, and he's in limbo. He's an extremely talented person and has no idea what his future is going to be. He's being recruited in Australia and Europe, and he's ready to bail out. What he needs is not more temporary time."
Members of the Silicon Valley Leadership Group of business executives spent Thursday lobbying Congress on high-skilled immigration and tax breaks for solar energy and research and development.
"This is no time to say to high-skilled workers in a global economy that we don't want you," said Barry Cinnamon, chief executive of Akeena Solar in Los Gatos. "We're happy to have that argument with anyone."
E-mail Carolyn Lochhead at clochhead@sfchronicle.com
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house girlfriend Tasya van Ree
snathan
05-04 01:45 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
tattoo cat amber heard tasya van ree
binadh
07-05 11:13 AM
This means that this time it has become unavailable because total number of visas have been used. However, when it resets on OCT 1st, it SHOULD be available. This is what I am hoping for...... We'll see. Any other thoughts?
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
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pictures Tasya Van Ree Luckiest woman
inskrish
04-18 09:42 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
dresses Amber Heard and Tasya Van Ree.
neerajvir
07-13 09:06 AM
And fowarded to others that are affected.
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makeup (by Tasya van Ree)
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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FinalGC
08-15 09:28 AM
I used to work for Claremont Tech and later CBSI purchased them. CBSI had to do a transfer of H1b and I did get a new H1 Make sure you follow up with your lawyers and have them do a new h1. Also keep all records like newspaper clippings and web postings of this new purchase, so that if ever you need to prove to USCIS that you are in the same company, you would have all documentation to prove it.
I would wait for sometime, until the dust settles in your new B company before you move to C
I would wait for sometime, until the dust settles in your new B company before you move to C
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mjdup
01-11 02:35 PM
I feel your case will be OK, they are just doing the PIMS verification. I got my H1B validated in Munich last year. (read my experience on murthy site). So be patient and you'll get it successfully.
good luck,
good luck,
hope_4_best
05-14 03:16 PM
Can someone confirm if finger printing required for both paper (by mail) and on-line AP application? Somewhere I read that finger printing is required only for on-line applicants. Is that true?
It will save me lot of trouble as my nearest INS office for finger printing is about 150 miles away.
Thanks in advance.
Paper filed EAD (two times) and AP (one time). Didn't get FP notice. Got approval smoothly.
No experience with e-file.
It will save me lot of trouble as my nearest INS office for finger printing is about 150 miles away.
Thanks in advance.
Paper filed EAD (two times) and AP (one time). Didn't get FP notice. Got approval smoothly.
No experience with e-file.
ita
12-08 03:32 PM
When you are with the same company that files your GC (not Ac21) is it fine if the amount on W2 (for each year) is less than the amount mentioned on the LC. Is there a safe zone bracket . Since GC is for future job I was wondering if it is a must that the W2 should reflect the amount that is more or at least same as the amount on the LC.
Thank you.
Thank you.
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