Impact of Current H-1B Workers in TARP Companies

Raghuram Sukumar H1B Visa 7 Comments

After the new H-1B rules were signed into law, many current H-1B employees are trying to find out their impact on them.

The new rules say that TARP (Troubled Asset Relief Program) companies have been given additional restrictions when hiring workers in H-1B visa for 2009, 2010 and in 2011 February.

These are American firms that received bailout money from US Government. So what happens to current H-1B visa holders working for TARP companies?

Additional Question about New Rules

Some of the questions from current employees at TARP companies that were posted include the following:

  • Will the new H-1B rules (law) impact green card processing?
  • Can TARP companies file for new labor?
  • I’m working in OPT in one of the banks receiving bailout money – what will happen to me? Can my firm file for my H-1B visa in April 2009?
  • Can banks apply for my H-1B visa extension? Will the new rules affect companies from filing H-1B visa extensions?

A Capital Law Group Immigration Attorney says

The statute is drafted to prohibit any “new hires” between February 17, 2009 and February 16, 2011. A “Hire” is defined as permitting “a new employee to commence a period of employment.”

As a result, it seems that the new H-1B visa restrictions do not apply to H-1B workers who are already employed at the TARP companies.

However, neither the USCIS nor the Department of Labor has issued an implementation guidance nor regulations yet, so it is not completely certain that they will take the same view.

You can read the entire article TARP Stimulus and H-1B here.

Comments

  1. hi,its me kuber dhamala
    i am on h2b visa now n trying to extent in h1b very soon is there any challange that it not going to approve and how long does it take once i apply h1b visa ??

  2. Hi.. this is kavitha here again..

    i have my GRE exam on 15 May

    i started taking tests from Big B Book, my quant test results in 24 to 30 correct answers out of 30 questions.

    and my verbal section results in 14 to 20 correct answered question out of 38 question.

    in what level am i?

    can i make 1400+ my GRE Score?

    And tell me in what way i can improve…

  3. dear Ari

    Green card can be filed only after when u complete five years status on H1b visa or as early u left nine months when u are compelting six years on H1b visa. one can not file for GC immedialtely on getting H1b visa approved or in the first year of stay in US.

    1. @AK Gupta – Its not like that. Sponsoring company can file GC anytime. No need to wait for 5 years.

  4. Question:

    I one happens to get the H-1B visa approved, can he/she apply for Green card immediately if he/she wants to without waiting for a specific period?

  5. I one happens to get the H-1B visa approved, can he/she apply for Green card immediately if he/she wants to without waiting for a specific period?

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