krishnam70
08-14 12:30 PM
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
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keepwalking
05-14 03:30 PM
My priority date will become current on June 1st 2011. I will add my wife to green card process on June 1st 2011 (she is in US in H-4 status now). My I-485 is with Texas processing Center.
If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.
If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.
Mahatma
07-28 09:16 AM
This is a sort of repeat post for me BUT for the sake of forward movement, I am supporting this motion forward.
Those who received Green should contribute as much as possible. Sometimes, splitting contribution to recurring (instalment) payments works wonder. This is called small is beautiful in India and Kaizen in Japan. According to this philosophy, if you make 5 phone calls everyday with consistency, you could make numerous calls over a period of time. However, if you try to make 100 calls a day, it does not go much farther.
Material contribution (money) is important to sustain IV (keeping website up and running, maintenance and other overheads) in this corporate country.
However, intellectual contribution is very important as well. For some reason if monetary contribution could not be made, one could contribute by knowledge-sharing. Rational and analytical thoughts, balanced ideas and responsible opinions are a huge asset and let us make IV knowlede-driven, smart and sharp organization.
Bottomline: Contribute by thoughts, donations and best still, both.
Remember: We are knowledge workers and we can do things smartly and practically.
Go Ivians!!
Those who received Green should contribute as much as possible. Sometimes, splitting contribution to recurring (instalment) payments works wonder. This is called small is beautiful in India and Kaizen in Japan. According to this philosophy, if you make 5 phone calls everyday with consistency, you could make numerous calls over a period of time. However, if you try to make 100 calls a day, it does not go much farther.
Material contribution (money) is important to sustain IV (keeping website up and running, maintenance and other overheads) in this corporate country.
However, intellectual contribution is very important as well. For some reason if monetary contribution could not be made, one could contribute by knowledge-sharing. Rational and analytical thoughts, balanced ideas and responsible opinions are a huge asset and let us make IV knowlede-driven, smart and sharp organization.
Bottomline: Contribute by thoughts, donations and best still, both.
Remember: We are knowledge workers and we can do things smartly and practically.
Go Ivians!!
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rbalaji5
10-30 07:16 PM
Please post the feedback of Infopass in this thread - After your feedback, I will schedule a infopass appointment to correct the last name on the EAD card as it is not urgent for me.
more...
rolrblade
01-11 01:52 PM
Thanks for suggestion
if you dont understand the problem just leave it I know who are experts they understand what my intention and problem so I will get from them
Heh Sravankand:
I think I can provide you some help here, but please can you re-explain your situation here. I got lost in the english (and I do not mean this in a bad way). Sometimes, what is very obvious to you is not so clear to someone else.
It seems from the tone of your reply that you are looking for help, so please rewrite your post explaining a little better and avoiding SMS type english.
if you dont understand the problem just leave it I know who are experts they understand what my intention and problem so I will get from them
Heh Sravankand:
I think I can provide you some help here, but please can you re-explain your situation here. I got lost in the english (and I do not mean this in a bad way). Sometimes, what is very obvious to you is not so clear to someone else.
It seems from the tone of your reply that you are looking for help, so please rewrite your post explaining a little better and avoiding SMS type english.
MartinR
February 16th, 2005, 08:56 AM
Thanks a million MatsP. Here's proof of what I wrote about still learning about this camera after 4 years: I'd never come across EXIF before and after searching through the camera manual I figured I probably didn't have it. Just in case, though, I rumaged around in Irfan and Picture Window Pro and found that all that EXIF information is there after all and I never knew it. I will now take a photo at what I have calculated is the 50mm standard equiv focal length and then check the EXIF to see how close it is.
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
more...
gc_maine2
04-27 12:55 PM
I also has same question but
my H1 is ending this Dec, and already got ext for 7 th year
Anyone can shed some light on this.
Thanks
my H1 is ending this Dec, and already got ext for 7 th year
Anyone can shed some light on this.
Thanks
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mashu
08-10 01:58 PM
I was in the RFE situation as well when I140 Premium (EB3) has been filed.
They asked tax returns of my company for last 2 years. The only thing I want to add to previuos posts, that your lawyer should hurry up with an answer - I remember that in my case i 72 hours to respond have been given. After receiving additional docs, they approved it in 1 or 2 days.
They asked tax returns of my company for last 2 years. The only thing I want to add to previuos posts, that your lawyer should hurry up with an answer - I remember that in my case i 72 hours to respond have been given. After receiving additional docs, they approved it in 1 or 2 days.
more...
desitechie
07-17 01:49 PM
Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?
here's the list of docs I have from earlier post:
(http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
- All copies of AP
- EAD
- Passport, of course
- 485 receipt notice (Good to carry)
- 140 approval notice (Good to carry)
- Labor approval notice (Good to carry)
- Company identification card/badge (Good to carry)
- Current employment verification letter (Good to carry, I never did and I was okay)
- Old stamped APs, if you have used AP to travel in the past (Good to carry)
anything else?
Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?
thanks.
I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.
here's the list of docs I have from earlier post:
(http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
- All copies of AP
- EAD
- Passport, of course
- 485 receipt notice (Good to carry)
- 140 approval notice (Good to carry)
- Labor approval notice (Good to carry)
- Company identification card/badge (Good to carry)
- Current employment verification letter (Good to carry, I never did and I was okay)
- Old stamped APs, if you have used AP to travel in the past (Good to carry)
anything else?
Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?
thanks.
I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.
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diptam
04-13 07:12 PM
sledge_hammer,
Please check my PM.
Howzatt,
The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.
The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??
What line of work are you in? Either send me a PM or post here.
Please check my PM.
Howzatt,
The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.
The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??
What line of work are you in? Either send me a PM or post here.
more...
conchshell
08-22 08:10 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
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go_guy123
03-12 03:33 PM
Surely we know each other then!! :)
Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.
Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.
more...
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IN2US
03-05 06:37 PM
did anybody successfully accomplished revoking existing G-28 by company's attorney and self represented the pending I-485?? if so can you please post the details on letter format, whom to address the letter etc...
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
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pappu
01-28 05:46 AM
Excellent proactive attitude......This is what we need....
I would like to make the following pledge...
For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.
Anyone ready to take up my pledge?
Thank you for your pledge.
I am sure our members will take it up as a challenge and help you complete your pledge.
I would like to make the following pledge...
For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.
Anyone ready to take up my pledge?
Thank you for your pledge.
I am sure our members will take it up as a challenge and help you complete your pledge.
more...
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kirupa
11-19 07:04 PM
Congrats lost! Voting twice for your own name *coug* mdipi *cough* doesn't really help all that much =)
Cheers!
Kirupa :rambo:
Cheers!
Kirupa :rambo:
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bluekayal
05-14 04:47 AM
google "follow to join"
more...
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gnrajagopal
08-19 02:15 AM
Does your welcome letter/approval say anything about ADIT process?. thanks
Cant seem to find anything about it. There is only details on when i would receive the card and stuff like that.
Cant seem to find anything about it. There is only details on when i would receive the card and stuff like that.
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Springflower
07-17 12:27 AM
Hi,
I have filed I-485 application myself for me & my wife on July 5th, 2007.
I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
Thank you.
I have filed I-485 application myself for me & my wife on July 5th, 2007.
I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
Thank you.
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cdeneo
03-27 12:50 PM
No real evidence but when I had looked into doing this for my parents this is what I found out -
You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
4. Any other valid reason with proof...
I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.
Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...
Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.
Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).
Good luck with whatever you decide to do.
Hi Everyone,
I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.
I wanted to know what options do i have and what would be the repurcursions.
1. extend thier stay. if so, whats the process.
2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.
Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.
Your opinions and suggestions will be greatly appreciated.
Thanks
You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
4. Any other valid reason with proof...
I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.
Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...
Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.
Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).
Good luck with whatever you decide to do.
Hi Everyone,
I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.
I wanted to know what options do i have and what would be the repurcursions.
1. extend thier stay. if so, whats the process.
2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.
Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.
Your opinions and suggestions will be greatly appreciated.
Thanks
OLDMONK
11-28 11:55 AM
I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.
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.
-----------------------------------------------------------------
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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