ImmiLETTER Vol. II – Issue 6: June 1, 2007

H1B Quota: Economy Vs Politics
Issues Influencing the H1B Quota Debate
The fate of H1B quota, which is being debated currently in the US Senate, is directly linked to the fate of thousands of professional aliens who dream of working and making it big in the land of opportunities. However, the land of opportunities seems to have come to the conclusion that it has given too many opportunities to the outsiders and that the aliens are abusing their generosity.

At present, pros and cons of H1B quota increase are being tossed around too liberally for the lay man to even understand what the real issues are. The U.S. is literally divided on this issue, with both groups lobbying hard. Here we try to take a look at both the points and counter points that often get lost if the political debate.

Labor Certification Amendments
What it means for you?

On May 17, 2007, the Department of Labor issued a number of amendments to the existing Labor certification rules through a Final Rule. The major changes included termination of the practice of substituting aliens on approved LC. The new amendments go into effective from July 16, 2007. USCIS has already issued new guidelines on filing I-140 in response to the amendments.

In this article we will try to prepare you, both as employers and employees to deal with the changes made and the coming future.

  • USCIS Releases New Fee Schedule
  • Service Center Receipting Update
  • USCIS Issues New I-140 Guidelines
  • Naturalization Guidelines for Armed Forces Issued
  • H1B Interviews 90 Days in Advance in Chennai
  • Highlights of DOL Final Rule on Labor Certifications
  • DOL Final Rule On LC Substitution is Out
  • June 2007 Visa Bulletin: EB2, EB3 on the Move!
  • USCIS Issues Update on H1B Receipts
  • US Asks Visitors to Show All Ten Fingers!
  • H-1B Masters Cap (FY 2008) Reached
Case studies
  • Can I work based on the receipt of filing for the EAD?
Useful tips
  • Labor substitution possible even without the original labor certification
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    Can this happen to me?

    We devote this section to highlighting specific cases where you as an immigrant might find yourself in. If you have a related problem or feel the case study does not answer your question, you are welcome to post your question on our forum section.
    The Case
      • Mr. A filed for I-485 in 2004 and was working based on his EAD.
      • The EAD expired recently and renewal was applied for.
      • It is taking close to 100 days to get the renewal approved.
      • Mr. A wishes to work based on the receipt of filing the renewal for EAD

      The Conclusion
      A person cannot work based on the receipt of the filing. He can start working only when he receives the EAD renewal approved.

      The best option for him to start working is to apply for a H1B in premium processing. He will be allowed to file for a H1 since he was holding the H1B status previously.

      The same applies to change in status from F1 to H1 or H4 to H1 also.Copyright © 2007, All Rights Reserved

      What lawyers aren’t telling you?

      In this section, we will reveal the exceptions to the rules and the ambiguities in the law – information that most lawyers won’t reveal but that can save you a lot of time and headache.
      The Tip:
      Labor substitution possible even without the original labor certification
      The Scenario:
        • Company A secured a labor certification for an open position available in 2004.
        • But the original labor certification was lost when the office was being shifted to a new location.
        • The company still has a copy of the labor certification.
        • Can a labor substitution be done for another beneficiary who has similar qualifications and training with out the original labor certification?
          The Analysis:

          Yes, it can be done. There is nothing in the law which prohibits labor substitution without the original labor certification. If the original labor certification is lost, mutilated or other wise not available for what ever the reason, USCIS still accepts the I-140 petition from the employer based on a copy of the original labor certification.

          Note: Labor Certification Substitutions are allowed up till July 16th, 2007 only.

          Copyright © 2007, All Rights Reserved

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          Disclaimer: The information provided on this newsletter is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney.
          Copyright © 2007, All Rights Reserved