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  • GreenCard4US
    03-20 04:57 PM
    http://www.hindu.com/thehindu/holnus/000200903210312.htm
    Saturday, March 21, 2009

    Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

    The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

    These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

    "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 Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

    "USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

    This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

    Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

    USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

    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, it said.

    At the same time, USCIS urged H-1B petitioners 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.

    USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, 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 February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.





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  • ak_2006
    04-20 02:20 PM
    It's really heart breaking news.
    May God bless his soul and complete all his wishes.
    I went to the site, but it not accepting Donations now as they reached the target.





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  • Dhundhun
    06-25 02:16 AM
    Thanks for replying.

    For question number 3 can you give more details. What is AVR.
    Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.

    so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.

    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?





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  • snathan
    08-04 01:09 PM
    He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.

    NOT True.. they will give and come after you just to deny/revoke it.



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  • vin13
    01-07 08:46 AM
    I just got back on AP a few days ago. My AP was issued in Dec 08 with validity upto Dec 09. When we entered US in Jan 09, it was stamped with a parole dated Jan 2010exactly a year from the arrival date. I asked the officer as to what would be the actual expiration of the AP since there are 2 different dates (1 month apart in my case). The officer replied that if i had to leave the country again using the same AP then i would have to return back before the original expiration date of Dec 09.

    I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.

    Best would be for you to schedule a infopass and inquire to confirm.





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  • Carlau
    11-17 10:04 AM
    I don't think that anyone minds that you discuss this, but for that you should pick this area http://immigrationvoice.org/forum/forumdisplay.php?f=16 that has a little bit of everything and comments about current events.



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  • s_r_e_e
    11-29 02:18 PM
    their email notif system doesnt work.. they may not send email on even hard lud.. I got email for my EAD approval a month after getting the card in hand! ..





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  • shx
    09-27 11:11 PM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!



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  • we_can
    01-02 04:30 PM
    After the renewal, I got a passport with a new passport number (the old passport is still there stapled with the new one).
    My labor and H1B all have the old #. Is there a need to do anything with the new passport number wrt to my existing H1 and labor and such?





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  • anu_t
    06-20 02:20 PM
    :( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.



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  • willigetgc?
    09-24 10:33 AM
    Charles Gonzalez of TX are talking about slapping the wrist of the employers who are employing illegals as opposed to putting them in prison....





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  • a_yaja
    01-22 01:35 PM
    Hello,

    Here is my situation.


    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?



    Can anyone point me to some online materials detailing CP.

    Thanks in advance.

    Why don't you try to apply for the H1B visa again in India?



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  • gc_on_demand
    05-19 11:14 AM
    bump^^^^^^^^^^^^^





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  • natrajs
    02-10 04:14 PM
    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf

    Congrats and Best Wishes

    Your H1B extension request will be automatically denied and you don't have to worry about.

    its been a long wait, Congrats again



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  • azure
    03-20 12:34 PM
    Not sure....but here is a related link.

    http://domenici.senate.gov/news/record.cfm?id=251739





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  • ksircar
    01-25 12:53 PM
    Hello friends;
    Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
    Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.

    Thanks in advance for sharing any information
    Venu

    I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.

    Good Luck to your daughter.



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  • tdasara
    11-21 09:57 AM
    10 Year visa costs over $1000. Transit Visa costs $76





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  • glus
    11-19 01:06 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.

    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,





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  • irrational
    10-06 04:21 PM
    We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.

    PD: Feb 14, 2005.

    I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?

    Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:

    Please help! :(





    Redeye
    04-21 03:32 PM
    You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)

    Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!





    vedicman
    01-05 08:20 AM
    New Jersey Sen. Robert Menendez plans to reach out to a South Carolina Republican to craft a bipartisan immigration reform bill in the next Congress.

    But it's not clear that Sen. Lindsey Graham will want to work with the top-ranking Hispanic Democrat on Capitol Hill.

    Graham spokesman Kevin Bishop said last week his boss wants Congress to pass a 10-point plan to boost border security before attempting to overhaul the immigration system.
    Menendez introduced an immigration reform bill just before the Nov. 2 elections that he said takes a middle-of-the-road approach, incorporating ideas that Republicans such as Graham, Sen. Jon Kyl of Arizona and Sen. Orrin Hatch of Utah have presented in the past.

    Menendez said in December that Graham has expressed interest in writing a bipartisan bill.

    "If he is, then what I hope to do is to draft something together that will have some level of bipartisan support," Menendez said. "If that doesn't happen in a reasonable time period, then I'd like to introduce the bill again (in the next Congress) as a foundation to get something moving. If there's nothing to have hearings about, nothing to debate over, you will never move forward."

    But Bishop said Menendez and Graham haven't discussed working on an immigration bill.

    The Menendez proposal, co-sponsored by Sen. Patrick Leahy, D-Vt., would eventually legalize illegal immigrants, improve border security, crack down on employers who hire illegal immigrants and make it easier for legal residents to bring family members to the U.S.

    Graham has a history of working across party lines and often has been the only Republican willing to buck his party to strike political compromises. But that approach may be politically risky now that the GOP has turned more conservative under the influence of the Tea Party movement.

    In 2007, Graham joined Republican Sen. John McCain of Arizona in pushing hard for an immigration reform bill that Menendez helped write. But the measure died in the Senate, with Menendez ultimately voting against it because some of his proposals had been stripped out. The measure never reached the House.

    In 2010, Graham collaborated with another liberal Democratic senator, Chuck Schumer of New York, on an immigration reform plan that called for legalizing about 11 million illegal immigrants and improving border security. The two discussed the proposal with President Barack Obama at the White House.

    But Graham quickly ended that partnership, accusing Democrats of politicizing the issue and citing his opposition to the Democratic health care reform bill.

    Aggressive GOP opposition to Democratic immigration plans was evident during the lame-duck session when Republican senators -- along with some Democrats -- teamed up to kill the DREAM Act, which offered the children of illegal immigrants a path to citizenship if they completed two years of university or military service.

    "Illegal immigration is a nightmare for America," Graham said in a December statement after the DREAM Act died. "Giving a pathway to citizenship without first securing the border is an inducement to encourage more illegal immigration. This is nothing more than a political game by the Democrats to try and drive a wedge between the Hispanic community and Republicans."

    The DREAM Act's failure lessens chances that a broader immigration bill will pass a deeply partisan Congress, Menendez acknowledged.

    "These are . . . children who came to this country through no decision of their own," he said. "They were brought here by their parents. Overwhelmingly, they only know America as their country. . . . If you can't get (the DREAM Act) agreed to, then I think the rest of it will be a lot more hard sledding."

    In April, Arizona enacted the nation's toughest immigration enforcement law, which allows police to detain and question people about their immigration status. The administration is challenging the law in court. Several other states are likely to pass similar legislation.

    In response, Congress approved legislation -- which became law in August -- providing $600 million in emergency funding for 1,000 new Border Patrol agents, 250 new Immigration and Customs Enforcement agents and unmanned Predator drones to patrol the border.
    NJ Sen. Robert Menendez seeks support for immigration reform bill | APP.com | Asbury Park Press (http://www.app.com/article/20110103/NEWS03/110103074/Sen-Menendez-seeks-support-for-immigration-reform-legislation)