logiclife
09-28 09:56 PM
Hello Guys,
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
Please title your threads appropriately. Your thread title was "Newark NJ ASC". What does it mean? I have corrected it.
It not only is easy on other people's eyes, but you would do yourself a favor and draw more responses to questions you have if you ask the question in titles because the title appears on the homepage and seen by around 600-1000 people at any time.
Everyone, despite requests, people start new threads titled :"Please help" or "RFE" or "Question" or "140" or "I485".
What is so difficult about framing a short question and putting it as thread title?
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
Please title your threads appropriately. Your thread title was "Newark NJ ASC". What does it mean? I have corrected it.
It not only is easy on other people's eyes, but you would do yourself a favor and draw more responses to questions you have if you ask the question in titles because the title appears on the homepage and seen by around 600-1000 people at any time.
Everyone, despite requests, people start new threads titled :"Please help" or "RFE" or "Question" or "140" or "I485".
What is so difficult about framing a short question and putting it as thread title?
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mdipi
10-21 04:32 PM
yeah i think so.....
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(by the way,,,,rollerblading is gay! skate for life----->ZYC
meridiani.planum
11-19 02:21 AM
inline...
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
--its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years
2. How long does it take if to process it using EB2? I am from Russia.
--if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases
3. Is it possible to switch to EB2 somehow?
--u will need to redo the LC stage.
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
--see below
5. At what step of GC processing can I change a compamy that I work for?
--6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months
If I were in your place, I would drop this LC and file the one in EB2 asap.
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
--its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years
2. How long does it take if to process it using EB2? I am from Russia.
--if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases
3. Is it possible to switch to EB2 somehow?
--u will need to redo the LC stage.
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
--see below
5. At what step of GC processing can I change a compamy that I work for?
--6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months
If I were in your place, I would drop this LC and file the one in EB2 asap.
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jasmin45
03-14 09:34 AM
Most of the american students (not all) does not develop the attitude and key qualities required for Higher education in science and technology. As per my observation, lot of them seems to have high ambition, which is good, but no focus on means to achieve it.
Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.
This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.
Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.
There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.
Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.
This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.
Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.
There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.
more...
Raju
08-19 09:06 AM
its on main home page,
here is the link
http://murthy.com/news/n_2yrerr.html
This is wrong!!!!
I got 2 Yrs EAD. My I-140 is still pending. I know a few folks that also got 2 yr EADs with I-140 still pending
here is the link
http://murthy.com/news/n_2yrerr.html
This is wrong!!!!
I got 2 Yrs EAD. My I-140 is still pending. I know a few folks that also got 2 yr EADs with I-140 still pending
bbct
02-16 01:53 PM
If one has not maintained his/her prior legal status, countries other than home country will not give the visa. Instead, they would be asked to back to go home country for getting the visa.
I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
Has anyone any experience with Canada/Mexico.How should I fix an appointment?
I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
Has anyone any experience with Canada/Mexico.How should I fix an appointment?
more...
ilikekilo
06-18 11:47 AM
as far as my lawyer says once on ead, even for one day you cant go bck ot h1b
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krishna_brc
02-23 11:37 AM
Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country
In the below link find the site/airport closest to your current address.
"http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml"
Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94
Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.
Thanks,
Krishna
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country
In the below link find the site/airport closest to your current address.
"http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml"
Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94
Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.
Thanks,
Krishna
more...
wandmaker
10-30 12:19 PM
I heard walk-in is the best way to advance. ASC can accommodate, if they have low volume for the day
Is FP Prepone possible
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
Is FP Prepone possible
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
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ajm
06-24 07:06 PM
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
more...
Roger Binny
10-28 04:54 PM
Please check another attorney forums, i remember there was a news flash in which they agreed the degree substitution like yours.
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nixstor
06-24 05:14 PM
may be this will help you
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
more...
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gg_ny
04-07 06:19 PM
Here's another parallel Idea.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
This is outrageaous. Three postings above, i had suggested the same idea. How come you are not even acknowledging my posting when you (essentially)reword the content? It does appear from your mail that you had been following up the postings in the thread.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
This is outrageaous. Three postings above, i had suggested the same idea. How come you are not even acknowledging my posting when you (essentially)reword the content? It does appear from your mail that you had been following up the postings in the thread.
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shirish
09-11 06:37 AM
Thankx for the info.
did you send ur 485 application directly to TSC or was it transfered to TSC?
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
did you send ur 485 application directly to TSC or was it transfered to TSC?
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
more...
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aravi
06-29 03:32 PM
Hi - I haven't obtained a Schengen visa from the Swedish consulate, but have obtained one several times from the French consulate. I also had trouble obtaining exactly worded letters from my insurance company. The best option for these embassy visa requirements, for me, was to purchase one for $12-$14 from InsureMyVisa.com. They give you a letter as per exact requirements of whichever country's consulate you are applying at. Good luck!
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alterego
09-14 06:06 PM
People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
more...
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hnordberg
October 22nd, 2005, 04:37 PM
I'm interested in a local (SF Bay Area) meet...
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Cheers
- Henrik
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kzinjuwadia
05-13 11:48 PM
If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps
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Blog Feeds
02-10 08:50 PM
Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
TO BE OR NO TO BE
05-17 07:37 PM
Hi Everyone,
My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).
Now my question is:
If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.
I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.
Has anybody in this forum experienced the same situation?
Please let me know.
Thanks!
My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).
Now my question is:
If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.
I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.
Has anybody in this forum experienced the same situation?
Please let me know.
Thanks!
fatjoe
09-06 02:06 PM
I called USCIS and I was told that, in (mid) July, NSC and TSC were the only Service centers receiving applns. USCIS has received enormous # of applications in and around mid-July and they are stagnant somewhere in the Service Centers. Applications are not moved from NSC to TSC. They are in the service center where they were sent.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
