determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
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willgetgc2005
04-28 11:37 AM
Hi,
Any experience with this law group for EB based GC ? Please do post. Thank You !
Any experience with this law group for EB based GC ? Please do post. Thank You !
neeidd
07-14 06:28 PM
bumping again :(
2011 Hungry Shark - Part 2 iPhone
QuintonBermuda
05-06 04:56 PM
I have lived in GA for 5 years...but here is what I found on GSU's site (the school I would like to go to, looks like they have a specific policy):
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
more...
jasmin45
08-09 02:52 PM
Those people who are all stuck in Labor certification.
1. What are the options going forward if our labors are not certified?.
2. What are the chances that BEC people are not able to meet their deadline (sep 30) in clearing LC?
3. Is there a justice and truth in life? Or everything depends only on time and luck?.
4. What if some of us get laid off.........our path ends?.
5. Is there something GOOD waiting for all of us?.
Waiting .......waiting...........waiting................wa iting sucks!.
Dude! Several threads exist for BEC issues, why don't you post your question on one of those. It will be inconvenient for existing and new members who are looking for suggestions/ideas on issues to go over duplicate threads for same information. Please search the forum before you open a new thread.
1. What are the options going forward if our labors are not certified?.
2. What are the chances that BEC people are not able to meet their deadline (sep 30) in clearing LC?
3. Is there a justice and truth in life? Or everything depends only on time and luck?.
4. What if some of us get laid off.........our path ends?.
5. Is there something GOOD waiting for all of us?.
Waiting .......waiting...........waiting................wa iting sucks!.
Dude! Several threads exist for BEC issues, why don't you post your question on one of those. It will be inconvenient for existing and new members who are looking for suggestions/ideas on issues to go over duplicate threads for same information. Please search the forum before you open a new thread.
gc_lover
06-27 01:20 PM
Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Yes...you can file. Those are completely seperate process.
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Yes...you can file. Those are completely seperate process.
more...
raysaikat
05-07 08:42 PM
Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
2010 his way up the food chain,
YetAnotherDesi
12-25 12:13 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
more...
psk79
05-28 12:27 AM
My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.
Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...
thanks.
Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...
thanks.
hair Food Chain…from the F Minus
wandmaker
05-12 01:00 PM
I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.
If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.
If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.
more...
arti.jain
11-10 02:57 PM
Actually i went ahead and contacted an attorney for L1A extension under premium processing, so that should be done soon.
That would take care of DLs as well, as i would get the extension decision by the expiration of DL(s).
Attorney advised to wait for EAD extension for my wife till L1/L2 gets done, as EAD is still valid for some time. And in my case its not being used so i am fine.
Best to
That would take care of DLs as well, as i would get the extension decision by the expiration of DL(s).
Attorney advised to wait for EAD extension for my wife till L1/L2 gets done, as EAD is still valid for some time. And in my case its not being used so i am fine.
Best to
hot top of the food chain and
sioux
11-30 10:36 AM
the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
more...
house Tuna, Shark, Monster.
usmo
01-06 07:53 PM
I had worked for company A with H1 B status and company A had decided to downside their facility in CA. I had to look for different employer because I wanted to remain in CA. I had found company B after few months of search and had applied for H1 transfer. I am currently working for company B with a pending status. I had been asked from USCIS after filing for H1-b transfer to prove last employment and provide proofs for last three months pay records which I don't have in hand. I still have good relationship with former employer A. My H1-b from company A hasn't been removed eventhough I haven't worked for them for last few months. Is there any way to answer USCIS requirement.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
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indio0617
01-30 12:22 PM
You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
more...
pictures Tuna, Shark, Monster.
delta3110
02-02 11:23 PM
I am in H1 status and my wife is in H4 status. She received credit for an amount for which she received an 1042-S form. Also received a 1098-T form which shows the credit amount. Where do I show the amount in the 1040 or 1040 EZ ?
dresses shark food chain,
pan123
01-14 11:15 AM
Guys,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
more...
makeup food chains were not
tabletpc
11-12 10:48 AM
I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...??
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...??
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indianindian2006
09-26 11:07 PM
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
hairstyles in the food chain, sharks
CADude
04-03 09:39 PM
Me and spouse sent the seperate letter to WH and copy to IV. No response so far from any place.
TexDBoy
09-11 10:30 PM
I think if the current H1B is expired, he has to apply transfer from India to a different company and go for VISA again ....
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
chanduv23
03-11 01:22 PM
Hi,
I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.
I think a good Attorney can draft a letter to the consulate explaining the waiver.
Don't we all agree that these agencies actually need lawyers and not us?
I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.
I think a good Attorney can draft a letter to the consulate explaining the waiver.
Don't we all agree that these agencies actually need lawyers and not us?
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