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  • sku
    02-25 01:53 PM
    This is the News Letter That I got from my attorney.
    -----------------------------------------------------------------
    TARP Restricts H-1B Hiring for Funds Recipients

    The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:


    � The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.


    � The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.


    � The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.


    TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.


    The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.


    The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.

    Effective Date of New Form I-9 Delayed Until April 3, 2009

    The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.

    Rising Unemployment May Affect PERM Processing

    In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.

    Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.


    E-Verify Start Date for Federal Contractors Extended

    U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States

    US VISIT Expanded to Include Lawful Permanent Residents

    The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.


    Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.





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  • WeShallOvercome
    10-30 01:39 PM
    Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?

    The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.

    Most people use 'Bump" to bump the thread up :), but it can be anything





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  • arc
    03-05 05:57 PM
    Which are the Sensitive Banks!???





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  • i4u
    04-16 12:50 PM
    what happened? what advice did you get from your lawyer?

    I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.

    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.



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  • logiclife
    01-05 12:01 PM
    We are now at 8000 members exactly, as of 1:00 EST January 5th.





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  • lazycis
    01-30 11:23 AM
    Any feedback on this is appreciated.

    The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.



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  • haroontabrez
    04-15 10:04 AM
    TO mbawa2574 & FUNTIMES

    Just follow what TomPlate has said.

    I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.

    we had a similar issue,

    what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
    I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.

    Hope this information helps

    Thanks

    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?





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  • eadguru
    11-05 09:32 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05

    Congrats! Thanks for the feedback. From which center (TSC or VSC) your FP received.



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  • sam_hoosier
    11-28 02:37 PM
    I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
    Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

    Just wondering if some one else in the same boat not receiving emails.
    I have given my hotmail email ID, if that matters ?

    Any Idea ...

    Did you check your junk folder ?





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  • clockwork
    07-06 10:53 AM
    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:



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  • msandhu
    01-12 04:30 PM
    Whether you have used EAD or not is not an issues. You can file renewal anytime. Just send the current copy of your H1 while renewing. Also you don't need to go through lawyer to file EAD or renewal of EAD. I e-filed EAD for myself and my wife on my own the first time. I also filed renewals and got them in about 2 months time.
    Let me know if you need any information on renewal process.

    About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.

    Cheers
    MSandhu





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  • nixstor
    11-17 09:38 AM
    Guys.. It has to pass through the house still..



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  • nikolainikitin
    12-06 04:44 PM
    Hello, Dear Colleagues.
    Sorry that is not quite in the topic copyright immigrationvoice.org appeal,
    want to open a long blog or forum about pneumatic weapons (http://www.pnevmatika.su/), but never with the board software and the blog can not define.
    Need engine because of the blog and forum with the normal protection against spam, and then my friend found a forum filled with spam, and its already after 2 weeks.
    And you are a software engine for immigrationvoice.org use? Which script forums and blogs I choose to open a forum about air guns?
    I'll be glad to any advice, thanks in advance.





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  • gc_chahiye
    12-18 12:49 PM
    I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.

    good point. Also keep in mind:
    - you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
    - recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.



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  • snathan
    04-28 05:40 PM
    Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.

    1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
    2. If your I-140 is denied, it will trigger the I-485 denial.
    3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.

    I am not sure but think you can use EAD if you go for appeal...

    So its always good to have H1B as back up for EAD and AP. At least you will be in status.





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  • gondalguru
    07-14 02:00 AM
    I think best option will be to use Consular Processing for your EB2 petition. You will have your GC very soon if PD remains current (which is very likely in your case).



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  • inskrish
    08-22 12:49 AM
    Looks like more chaos has come. Nowadays nothing is working properly. NSC must have won the imcompetence contest among all those agencies. :-)

    I couldn't agree any more.:)





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  • mycosmos
    04-27 12:39 PM
    Hi,

    I hope, all is well.

    I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.

    I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.

    I need your help as:

    (1) Can I work on 1099 (as I have EAD & I-140 is still pending)?

    OR

    (2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?

    Please, advise me as soon as possible.
    :confused:


    Best regards,
    Rajiv





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  • letstalklc
    10-13 05:31 PM
    What is the URL for checking the PERM case status?

    You need login credintials in order to check the perm status. I am not sure if any option available in the New system...





    ArkBird
    10-04 08:34 PM
    How did they pull it off?

    We have been waiting for data like this since umm..... last ice age??

    Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....

    We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!

    In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)

    I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.


    Let the Reds rain!





    raydon
    10-12 10:30 AM
    According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
    --------------------------------------------------------
    10/08/2008: I-140 Processing in Four Months by April 2009?

    * This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
    --------------------------------------------------------

    Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications