| Author | Message | ||
     Moviemax Junior Artist Username: Moviemax Post Number: 35 Registered: 04-2008 Posted From: 99.133.154.230 Rating: N/A |
USCIS response.. RESPONSE: This issue is currently under examination within the H-1B policy review working group as part of the comprehensive USCIS policy review. We will take AILA’s views into consideration when finalizing the policy on what circumstances would require an amended petition to be filed with USCIS. | ||
| Moviemax Junior Artist Username: Moviemax Post Number: 34 Registered: 04-2008 Posted From: 99.133.154.230 Rating: N/A |
Requirement for amended H-1B based on move to new geographic location? As summarized in Attachment C, there is a history of conflicting and confusing policy guidance regarding when a change in employee work location may require a new H-1B petition that has provided a very uncertain and unstable environment. This has resulted in both confused enforcement by USCIS (including FDNS) and standards that make it almost impossible for petitioners to develop appropriate compliance programs. AILA does not believe that every change in worksite location is a material change, nor does such a change necessarily amount to a change in the terms or conditions of employment. Rather, we submit that the October 23, 2003, Efren Hernandez letter enunciates a more reasoned standard (AILA Doc. No. 03112118):9 (1) an amended Form I-129 is not needed for geographic moves so long as an LCA has been filed and certified for the new location prior to the employee’s move to the new location; (2) an LCA notice posting under DOL regulations was completed; and (3) other wage and hour obligations are met. A policy that requires an amended H-1B for any geographic change would be overly burdensome for employers. For example, how would the employer document a change in worksite within the same Metropolitan Statistical Area (MSA), which does not require a new LCA but does require a reposting of the notice to employees at the new worksite? Would such a rule include changes in worksites that are within the same commuting area, i.e., if the worksite moves a mile away, to a new building next door, to a new suite in the same building, or to a new address on the same 9 Amended I-129 Not Required for Move to Location Covered by LCA, AILA Doc. No. 03112118, http://www.aila.org/content/default.aspx?docid=9661 6 campus? The October 23, 2003, Hernandez letter is consistent with other situations where such a change does not require notification, e.g. when an L-1 nonimmigrant holding the same position is moved to another worksite location or where a petitioner reorganizes and the H-1B employee becomes an employee of the new entity (and a sworn statement is added to the Public Access file). We request that USCIS issue clear and unequivocal guidance confirming the provisions in the Hernandez letter so that petitioners and USCIS can follow and rely upon it.} | ||
| Moviemax Junior Artist Username: Moviemax Post Number: 33 Registered: 04-2008 Posted From: 99.133.154.230 Rating: N/A |
AS it is not clear(conflicting info from different memos) when to file h1b-amendment, AILA is asking for clarification.. 10/22/92 Hogan Memo: The mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition provided the initial petitioner remains the alien's employer and, provided further, the supporting labor condition application remains valid. This language is confusing since (1) there is no procedure in place to “invalidate” an LCA and (2) it is not clear whether “the supporting LCA” must be the LCA submitted with the initial H-1B petition or can be a new LCA filed for the new location. 8/22/96 Aleinikoff Memo: The mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition provided the initial petitioner remains the alien's employer and, provided further, the supporting labor condition application remains valid. An amended H-1B petition must be filed in a situation where the beneficiary's place of employment changes subsequent to the approval of the petition and the change invalidates the supporting labor condition application. Again, this language is confusing since (1) there is no procedure in place in the DOL regulations to “invalidate” an LCA and (2) it is not clear whether “the supporting LCA” must be the LCA submitted with the initial H-1B petition or can be a new LCA filed for the new location. 11/12/98 Letter from Thomas Simmons: An amended H is not needed if the employer has a certified LCA on file for the new location and the alien initially began working at worksite noted on I-129. This language is confusing since not clear WHEN the certified LCA needs to be on file. 1998 proposed H-1B rule: If a new LCA is required, then an amendment should be filed. Thus, an amendment would be required if alien is transferred to new MSA. But this regulation was never promulgated. 10/23/03 Letter from Efren Hernandez:32 An amended I-129 is NOT needed due to a geographic move as long as an LCA has been filed and certified for the new location prior to employee’s move, the posting has been done, and other wage and hour obligations are met. This is a clear and simple policy to follow. | ||
| Humpty_dumpty Moderator Username: Humpty_dumpty Post Number: 16311 Registered: 02-2009 Rating: N/A |
idhi okkatay kanabadindhee | ||
| Rowdy Hero Username: Rowdy Post Number: 11004 Registered: 01-2010 Posted From: 144.15.255.227 Rating: N/A |
link vetikanu ... matter artham kaledu ... nuvve chadivi cheppu ... naku ippudu India velthe stamping avutundi anin aa link lo emanna gaurantee ichademo  Fans are mainly fans of their own fanship rather than the fans of whom they claim to be fans of - RGV | ||
| Mahesh_fan Side Hero Username: Mahesh_fan Post Number: 3197 Registered: 09-2010 Posted From: 207.255.30.26 Rating: N/A |
short ga chepandi .. + enti - enti .. mogudu pothe poyadu .. first night mathram bemmandam ga jargindi .. ani sametha .. | ||
| Rowdy Hero Username: Rowdy Post Number: 11003 Registered: 01-2010 Posted From: 144.15.255.227 Rating: N/A |
http://www.uscis.gov/USCIS/Outreach/Notes%20from%20Previous% 20Engagements/2011/October%202011/QandA_AILA_Fall%202011_mtg .pdf Fans are mainly fans of their own fanship rather than the fans of whom they claim to be fans of - RGV | ||
| Humpty_dumpty Moderator Username: Humpty_dumpty Post Number: 16310 Registered: 02-2009 Rating: N/A |
jackie...post correct URL plzzz | ||
| Jackson Side Hero Username: Jackson Post Number: 2203 Registered: 09-2007 Posted From: 171.161.160.10 Rating: N/A |
 ... | ||
| Sensexxxxx Comedian Username: Sensexxxxx Post Number: 1162 Registered: 08-2011 Posted From: 199.43.32.85 Rating: N/A |
entandi..india gelavadam start avvagane meeru full form loki vacchinattunnaru | ||
| Jackson Side Hero Username: Jackson Post Number: 2202 Registered: 09-2007 Posted From: 171.161.160.10 Rating: N/A |
vopika vunte full chaduvukondi http://www.uscis.gov/USCIS/Outreach/Notes%20from%2 0Previous%20Engagements/2011/October%202011/QandA_ AILA_Fall%202011_mtg.pdf 1)H1B Amendment policy ni savarinche prayatnam lo vunna USCIS (AILA suggestions ni drusti lo pettukovachu) ... |
