amitjoey
01-04 11:21 AM
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.
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fromnaija
04-13 05:18 PM
IF he transfers to a function that is significantly different than his approved labor certification he may have to restart his GC application by filing a new LC application. However, since GC is for future job and if his employer will agree for him to go back to his previous practice then he may continue with current GC process and change when 485 is approved.
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
mirchiseth
06-03 08:47 PM
My last EAD and AP were filed at TSC and that is what is specified in e-file application. Now I am getting worried :confused:
Update 1: During the EAD efiling process I made a mistake which might have caused this anomaly. More on this thread (http://immigrationvoice.org/forum/showthread.php?t=19425)
Update 1: During the EAD efiling process I made a mistake which might have caused this anomaly. More on this thread (http://immigrationvoice.org/forum/showthread.php?t=19425)
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f1vlad
05-10 09:26 PM
Hi, I have strange situation, when I check status of my I-485, this is what I see:
http://i.imgur.com/8beDR.png
According to their site I've already should have received either approval or denial of Applicatio to Adjust Status (I-485).
So my attorney called customer support # and claims that service representative told her that it refers to something mailed other than approval or denial having being mailed.
Well, since my attorney couldn't figure it out, I decided to call myself today. In my case, customer service rep told me that she isn't allowed to tell me whether it was approval or denial, but she said that it must be either one of the two. She offered to send me a copy of what was sent on Sep 2007 as per this screenshot above. So now I have to wait up to 45 days to see what it is.
I am wondering if anyone else has seen similar thing happen.
By the way, my priority dates aren't current. I am still in backlog, hence I am not so optimistic this could be approval or denial. I am actually more afraid whether or not my paperwork got stalled or something and it'll now never get resolved because of according to their system the matter has been resolved.
Anyway, if anyone has any advice or ideas that'd be appreciated,
Thanks,
Vlad
http://i.imgur.com/8beDR.png
According to their site I've already should have received either approval or denial of Applicatio to Adjust Status (I-485).
So my attorney called customer support # and claims that service representative told her that it refers to something mailed other than approval or denial having being mailed.
Well, since my attorney couldn't figure it out, I decided to call myself today. In my case, customer service rep told me that she isn't allowed to tell me whether it was approval or denial, but she said that it must be either one of the two. She offered to send me a copy of what was sent on Sep 2007 as per this screenshot above. So now I have to wait up to 45 days to see what it is.
I am wondering if anyone else has seen similar thing happen.
By the way, my priority dates aren't current. I am still in backlog, hence I am not so optimistic this could be approval or denial. I am actually more afraid whether or not my paperwork got stalled or something and it'll now never get resolved because of according to their system the matter has been resolved.
Anyway, if anyone has any advice or ideas that'd be appreciated,
Thanks,
Vlad
more...
desi3933
05-14 10:12 AM
Hi,
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
more...
watzgc
09-19 07:40 PM
was it your own labour ?
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neeidd
07-09 11:38 AM
One cannot work on H4.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
more...
lost_in_gc_land
02-02 12:57 PM
Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
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codywang
02-08 02:11 PM
Yes, my EAD was approved and stay with same employer. What happen if I don't go out of country after I get a fresh H1B approval notice?
Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
Thanks,
Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
Thanks,
more...
theshiningsun
06-15 09:38 PM
hi attorneys,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
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moolivkkr
07-19 03:18 PM
Hi Guys,
I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
Skilled Workers May See Green-Card Surge (Link:
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)
With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.
We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are
Information that can be captured to indicate the wait time and different ways we are affected.
Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives
A) Family torn apart (kids growing older than 21, etc)
B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities
C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)
D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.
E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.
F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.
G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.
More can be added based on others experiences.
It would be great to get some information about Taxes paid (percentage) by immigrants,
Number of businesses opened etc to make the case stronger.
I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
Skilled Workers May See Green-Card Surge (Link:
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)
With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.
We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are
Information that can be captured to indicate the wait time and different ways we are affected.
Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives
A) Family torn apart (kids growing older than 21, etc)
B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities
C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)
D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.
E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.
F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.
G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.
More can be added based on others experiences.
It would be great to get some information about Taxes paid (percentage) by immigrants,
Number of businesses opened etc to make the case stronger.
more...
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Michael chertoff
10-23 07:29 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
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minimalist
11-12 10:50 AM
I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...?? It is a common practice and very simple process. If you are not into it, you don't have to worry.
All the best.
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...?? It is a common practice and very simple process. If you are not into it, you don't have to worry.
All the best.
more...
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PHANI_TAVVALA
08-20 04:17 PM
Your wife can start school pending H4 to F1 COS but you cannot change to F2 until her F1 is approved. It is much easier for you to apply F1-COS and simultaneously apply F2 for your wife but the caveat with this is your F1 might not be approved as USCIS expects you to maintain status until you get their decision which in this case you won't.
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getgreensoon
02-24 09:41 AM
Sorry about the denial. I had a friend in the same situation. BE + MBA from IIM Cal. His I140 rejected too....for the same reason may be....even IIMs accept 3 year degrees and that is what caused the issue. The more i read about these things, the more I think that MBA is not considered equivalent to MS for the I140. Even though MBAs have more challenging jobs and earn way more than people with MS. It all boils down to demand supply thing. Many people in the US have MBAs but not MS.
more...
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GiveMeReds
11-20 04:36 PM
My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
Hey - I called up your lawyer and company - they both agree that you are not worth to file for GC
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
Hey - I called up your lawyer and company - they both agree that you are not worth to file for GC
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VivekAhuja
06-29 03:50 PM
Trading in markets - Stock, Forex, Bond - all are legal to do on H1-B as long as you pay taxes on profits. This is the USA!!
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Intel
10-05 01:07 PM
Hi!
I entered the U.S. on an F1 visa on March 9th 2007, and have continued to study in the U.S. as of now.
I pay "Out-of-state" tuition to California State University, but I would like to know if there was anything I could do to become a legal resident of California to apply for In-state tuition.
It's not that I am trying to get a way out of the system, but in reality I want to become a U.S. resident which is one of my goals, just popping up in here to see if there's anything I can do in the meantime.
I have researched in Texas University, if I apply for a VISA, while it is processing I can pay IN-State tuition
Q. How do I establish residency?
A. One must be an independent (not claimed as a dependent for income tax purposes), US citizen or permanent resident, (have a green card, also known as card I-551 or the evidence of I-551 stamp in the passport) or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.
http://www.utexas.edu/student/admissions/residency/resfaq.html#q1
Thank you for all your help! - Remember I am in CALIFORNIA not TX.
I entered the U.S. on an F1 visa on March 9th 2007, and have continued to study in the U.S. as of now.
I pay "Out-of-state" tuition to California State University, but I would like to know if there was anything I could do to become a legal resident of California to apply for In-state tuition.
It's not that I am trying to get a way out of the system, but in reality I want to become a U.S. resident which is one of my goals, just popping up in here to see if there's anything I can do in the meantime.
I have researched in Texas University, if I apply for a VISA, while it is processing I can pay IN-State tuition
Q. How do I establish residency?
A. One must be an independent (not claimed as a dependent for income tax purposes), US citizen or permanent resident, (have a green card, also known as card I-551 or the evidence of I-551 stamp in the passport) or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.
http://www.utexas.edu/student/admissions/residency/resfaq.html#q1
Thank you for all your help! - Remember I am in CALIFORNIA not TX.
indianabacklog
03-22 11:22 PM
Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.