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Old 04-28-2009, 10:37 AM
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Dec-07
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EB2
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05/12/2008
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India
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Join Date: Jun 2007
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Quote:
Originally Posted by walking_dude View Post
It's not just 180 daysd before the application, it also includes 180 days AFTER the application.

This is the current section on 90 days period


(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition
supported by the application.

And the ammendment in the new bill

(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
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