sanjay
04-07 10:20 AM
Is this something common?. I did not get any emails after that. Following is the relevant part of the email....
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
texasguy
06-15 12:43 PM
Thank you all for your suggestions. You all have been really helpful in this difficult times.
rsayed
12-14 12:00 PM
Here is the satement of Senator Salzar on ICE Action and the Need for CIR
http://salazar.senate.gov/news/releases/061212immg.htm
It is common knowledge that CIR is required - perhaps more visible than the SKIL, since most Senators or Reps are either not that aware or not that concerned, about the Skilled Non-Immigrant community.
Either case - whether it's the CIR that comes to the fore during the 110th congress or the SKIL, it will be advantageous for us.
For now, I guess all we can do is wait for the new congress to step in, in Jan to see what happens.
http://salazar.senate.gov/news/releases/061212immg.htm
It is common knowledge that CIR is required - perhaps more visible than the SKIL, since most Senators or Reps are either not that aware or not that concerned, about the Skilled Non-Immigrant community.
Either case - whether it's the CIR that comes to the fore during the 110th congress or the SKIL, it will be advantageous for us.
For now, I guess all we can do is wait for the new congress to step in, in Jan to see what happens.
coopheal
01-02 06:34 PM
nice....
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
more...
jthomas
02-21 04:12 PM
If you have EAD and have stayed in this country for some years, why don't you try to get unemployment benifits by going to the county office. Secondly, there are more people in this country like you who had lost the job. check the welfare section and check for foodstamps. There is no reason to run back to your country. Face this oppurunity rather than running back.
I would advise you to save money for the flight ticket and other expenses as cash in hand and go to the county for help. Use your rights. In the worst case go back to your country.
If you wish to go out of US for 3-4 years, the best thing to do is close the accounts. If you don't have direct deposit of your paychecks in your account you would need to pay account maintenance fee. I paid 10 dollars as account maintenance fee for 6 months.
I would advise you to save money for the flight ticket and other expenses as cash in hand and go to the county for help. Use your rights. In the worst case go back to your country.
If you wish to go out of US for 3-4 years, the best thing to do is close the accounts. If you don't have direct deposit of your paychecks in your account you would need to pay account maintenance fee. I paid 10 dollars as account maintenance fee for 6 months.
svn
05-10 07:00 PM
Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India
more...
Misha79
04-01 10:05 AM
Hi all
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
fromnaija
02-10 10:49 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
more...
conchshell
07-28 10:55 AM
For every IV member that gets their GC, would it be too much to ask them to contribute say at least $100/- ? May be this can become a norm and the starting point for an "IV Alumni" :)
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
gcformeornot
05-27 06:37 PM
for Paper filing as there no FP in required.
I worte L1-B as my current immigration status, as I am still working on L1-B and not used EAD. Hope it helps.
I worte L1-B as my current immigration status, as I am still working on L1-B and not used EAD. Hope it helps.
more...
Ann Ruben
01-20 09:11 AM
Abhay,
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
webm
08-08 07:21 PM
So whats the verdict ? Can we work on EAD receipt notice if the EAD could not get renewed in time ?
No i dont't think so as per the new 245(k) memorandum..:( see this article on http://www.immigration-law.com
08/08/2008: Unauthorized Employment Before or/and after I-485 Filing and Importance of Revisit of Recently Released 245(k) Memorandum
No i dont't think so as per the new 245(k) memorandum..:( see this article on http://www.immigration-law.com
08/08/2008: Unauthorized Employment Before or/and after I-485 Filing and Importance of Revisit of Recently Released 245(k) Memorandum
more...
gc28262
12-16 12:02 PM
I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.
Your H1B is still valid.
I guess that answers part of your question.
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.
Your H1B is still valid.
I guess that answers part of your question.
inskrish
09-05 11:18 AM
Hi,
USCIS online status is not reliable. So, getting an Infopass appointment would help you get the actual case status. Best of luck!
USCIS online status is not reliable. So, getting an Infopass appointment would help you get the actual case status. Best of luck!
more...
Blog Feeds
03-22 12:20 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj45ibgmONRBQF-DMWInjwpVhWRbHQgJj7z6UK4sqDr2uv_e3Z9nKW-kDPKGC3gJ63sl1vGG8dqYWw89V-pcBtxDKcD0IVBVq3uYjcdBLuRPeM6VZc6iMj0gwxAjEf0mItE2iUCqlrebQY/s320/2010-03-22+Statue+of+Liberty.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj45ibgmONRBQF-DMWInjwpVhWRbHQgJj7z6UK4sqDr2uv_e3Z9nKW-kDPKGC3gJ63sl1vGG8dqYWw89V-pcBtxDKcD0IVBVq3uYjcdBLuRPeM6VZc6iMj0gwxAjEf0mItE2iUCqlrebQY/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
"We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."
The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.
It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.
The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.
Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:
Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.
This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.
If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.
Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.
My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."
Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.
Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."
As long as we don't shut our doors.
https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj45ibgmONRBQF-DMWInjwpVhWRbHQgJj7z6UK4sqDr2uv_e3Z9nKW-kDPKGC3gJ63sl1vGG8dqYWw89V-pcBtxDKcD0IVBVq3uYjcdBLuRPeM6VZc6iMj0gwxAjEf0mItE2iUCqlrebQY/s320/2010-03-22+Statue+of+Liberty.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj45ibgmONRBQF-DMWInjwpVhWRbHQgJj7z6UK4sqDr2uv_e3Z9nKW-kDPKGC3gJ63sl1vGG8dqYWw89V-pcBtxDKcD0IVBVq3uYjcdBLuRPeM6VZc6iMj0gwxAjEf0mItE2iUCqlrebQY/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
"We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."
The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.
It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.
The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.
Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:
Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.
This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.
If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.
Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.
My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."
Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.
Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."
As long as we don't shut our doors.
https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)
kondur_007
09-24 02:38 PM
Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.
Good decision. Wish you best of luck!:)
Good decision. Wish you best of luck!:)
more...
conchshell
08-14 09:34 PM
Thanks ConchShell.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
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.
Gator
02-23 09:02 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
ARUNRAMANATHAN
07-09 11:37 PM
Nixstor
Have no idea where is USCIS ....If me being there would make a difference would be there ...please call me anytime whne you read this msg ...
My number is 703.371.7445 M
Arun
Have no idea where is USCIS ....If me being there would make a difference would be there ...please call me anytime whne you read this msg ...
My number is 703.371.7445 M
Arun
dingudi
11-08 01:22 PM
our notice date on receipt is Sept 12, 2007....but no FP notice yet!
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.
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