View Single Post
  #20 (permalink)  
Old 02-13-2009, 08:03 PM
gauravster gauravster is offline
Senior Member
Priority Date
:
Jun-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 103
gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute
Default TARP companies to be treated like H1B Dependent

The wording of the clause seems to imply to me atleast that the companies which receive TARP money will be treated as H1B dependent and would have to follow all the same processes that H1B dependent firms have to follow to hire H1B employees. This would essentially mean a labor market test when you hire someone on H1B.

Further, H1B dependent firms have an exception that they do not need to test the labor market if the base salary is more than $60,000. But for TARP companies that is being lifted. Meaning that the labor market test is essential for all jobs.

As labor market test takes about 3 months, it appears that none of the TARP receiving companies will be able to apply for H1B visa before 1 Apr for new H1B visas. Not sure what the outlook on new H1B visas is though. I still feel that all visas would be exhausted in a few days if not day 1/2.

What I do not know is when is labor market test is required. Is it after the person is hired, or before. Meaning, someone can start working (assuming she is already on H1) and then the company can try for a labor market test. Is there some way by which laid off H1 person can be hired if specific skills are in need at another place.
Bookmark and Share Compare Reply With Quote