3d Nirvana
02-27 09:12 PM
soulty I think your way might be right also, I vaugely remember something about that. Idk, might want to check out both grinch :)
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tabletpc
12-20 04:28 PM
Have you been out of country anytime after this...??If yes then you are fine.
Once you re-enter US..all previous records will be cleared....!!!
Once you re-enter US..all previous records will be cleared....!!!
delax
07-13 11:39 AM
I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)
You have the option to leave the country if you think all employers and lawyers are blood suckers - I cannot comment on anybodys intention - I dont think you and me know the complete facts to pass a value judgement and that includes your comment about me being a PR for murthy or any lawyer. I enjoy a healthy debate on issues not on people and you seem to completely miss that from my postings.:)
You have the option to leave the country if you think all employers and lawyers are blood suckers - I cannot comment on anybodys intention - I dont think you and me know the complete facts to pass a value judgement and that includes your comment about me being a PR for murthy or any lawyer. I enjoy a healthy debate on issues not on people and you seem to completely miss that from my postings.:)
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delax
07-20 10:03 AM
Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???
You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.
You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.
more...
retrohatao
02-08 04:28 PM
Description of the process:
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
coopheal
04-10 09:54 PM
In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.
As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.
and what is your point?
As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.
and what is your point?
more...
thirdworldman
03-09 11:55 PM
Here is my wireframe / project screenshot
http://www.inmod.com/casey/subway_wire.jpg
[.soulty - removed img tags.. lets not make the thread too wide]
http://www.inmod.com/casey/subway_wire.jpg
[.soulty - removed img tags.. lets not make the thread too wide]
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abhijitp
07-24 09:47 AM
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
Where is anything said about an offer letter/ payslips?
Here is what the instructions for I-485 application form say:
Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.
Where is anything said about an offer letter/ payslips?
Here is what the instructions for I-485 application form say:
Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.
more...
p_kumar
02-21 10:09 AM
If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
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pdaug2002
03-17 10:34 AM
EB3 - India
PD : Aug 2002
PD : Aug 2002
more...
abstractvision
03-19 12:07 AM
Nixstor did explained his actions and I concur... Controversial handles should be banned... Handle "TALIBAN" was banned and same member opened new handle "TAWLIBANN" saying his name is Tawlibann Foggs...
Anyway we should close this issue.. I do find tawlibann's posts decent and non-offensive.. Only thing is we need to practice some respect to the communitity when chosing a handle... Its just not this.. there could be potentially other offensive handles.. So I'd say there should be a step/check in registration process to monitor/regulate handles... You won't like any handle offending your religious beliefs, dis-respecting your nation or humanity itself...
Just my 2 cents... We should stop this discussion and focus on immigration issues...
Trying to understand why Mr. Foggs was singled out...
May be obscene name: Humm ..much better than existing F---GC,fuckadothead, chumki, chumma, xxxx, coolhokie, ussexy, saksibaby, funkycatspangky, faaltoo and plenty ..check the member list.
May be obscene posts: No...his posts were very decent. He pleaded his case very politely. Never lost his cool even after being banned without being told.
May be meaning of Taliban is wrong: No, It means..someone who is seeking religious knowledge. Nothing wrong in it.
May be bad relation with US: Humm, US may not have good relations now, that was not the case earlier in late eighties and early nineties...not too far back..;)
May be having political cause: What about existing handles like FREE_KASHMIR, us-alien...etc
May be reference to terrorism: Having a same name "AbstractVision" as a terrorist organization somewhere in remote part of the world doesnot make me a terrorist.
May be religious name: Humm...not like existing jaihanuman, saibaba,saint.. .etc
May be country specific: Hum...Jai_Hind, JisDeshMeinGangaBehthiHai etc.. more than 500 handles have meaning related to India and in Hindi, Tamil etc
May be phone call was not received by proper person: Humm..did someone tell him to expect a call..;) Being a member doesnot to be glued to phone 24 hrs waiting for someone to call. A private message with time would have been the right way.
May be phone no. was fake: I had my previous cell number in my profile that I used 2 years back. I corrected this evening after this interesting post. I wasn't red flagged.
May be handle name was a distraction: If handle names are distractions, I wonder how far can we go....no offense. We have got bigger problems to deal with.
May be incorrect details: Why would I put my correct details on the internet. Didn't someone educate me about Identity theft..;)
May be user was unaware of unpublished nomenclature: That sounds like the case. May be admins would like to publish the pool of words they are comfortable with and that may not be distraction.
No offense, but without letting the guy know beforehand is definitely not up to the mark. Give this guy a break.... . Lets not apply any rules retroactively....more than 80% of the handle names are ridiculous and does not seem to be coming from intelligent folks and people with exceptional abilities.
I agree we should respect other members and names should be decent..but I do not agree that names can be regulated by forum administrators with no set rules of engagement ....so many languages in the world...one decent meaning in one country/language can be offensive somewhere else.
What wonders me is that SO MANY easily understood obscene words in memberlist as handle were allowed by admin (F---GC,fuckadothead,xxxx,ussexy etc ) and 'Taliban' got hit by a 800 pound gurilla..;)..got banned....
I am looking forward to a REAL issue discussion and get over this handle issue. Lets move on...
Anyway we should close this issue.. I do find tawlibann's posts decent and non-offensive.. Only thing is we need to practice some respect to the communitity when chosing a handle... Its just not this.. there could be potentially other offensive handles.. So I'd say there should be a step/check in registration process to monitor/regulate handles... You won't like any handle offending your religious beliefs, dis-respecting your nation or humanity itself...
Just my 2 cents... We should stop this discussion and focus on immigration issues...
Trying to understand why Mr. Foggs was singled out...
May be obscene name: Humm ..much better than existing F---GC,fuckadothead, chumki, chumma, xxxx, coolhokie, ussexy, saksibaby, funkycatspangky, faaltoo and plenty ..check the member list.
May be obscene posts: No...his posts were very decent. He pleaded his case very politely. Never lost his cool even after being banned without being told.
May be meaning of Taliban is wrong: No, It means..someone who is seeking religious knowledge. Nothing wrong in it.
May be bad relation with US: Humm, US may not have good relations now, that was not the case earlier in late eighties and early nineties...not too far back..;)
May be having political cause: What about existing handles like FREE_KASHMIR, us-alien...etc
May be reference to terrorism: Having a same name "AbstractVision" as a terrorist organization somewhere in remote part of the world doesnot make me a terrorist.
May be religious name: Humm...not like existing jaihanuman, saibaba,saint.. .etc
May be country specific: Hum...Jai_Hind, JisDeshMeinGangaBehthiHai etc.. more than 500 handles have meaning related to India and in Hindi, Tamil etc
May be phone call was not received by proper person: Humm..did someone tell him to expect a call..;) Being a member doesnot to be glued to phone 24 hrs waiting for someone to call. A private message with time would have been the right way.
May be phone no. was fake: I had my previous cell number in my profile that I used 2 years back. I corrected this evening after this interesting post. I wasn't red flagged.
May be handle name was a distraction: If handle names are distractions, I wonder how far can we go....no offense. We have got bigger problems to deal with.
May be incorrect details: Why would I put my correct details on the internet. Didn't someone educate me about Identity theft..;)
May be user was unaware of unpublished nomenclature: That sounds like the case. May be admins would like to publish the pool of words they are comfortable with and that may not be distraction.
No offense, but without letting the guy know beforehand is definitely not up to the mark. Give this guy a break.... . Lets not apply any rules retroactively....more than 80% of the handle names are ridiculous and does not seem to be coming from intelligent folks and people with exceptional abilities.
I agree we should respect other members and names should be decent..but I do not agree that names can be regulated by forum administrators with no set rules of engagement ....so many languages in the world...one decent meaning in one country/language can be offensive somewhere else.
What wonders me is that SO MANY easily understood obscene words in memberlist as handle were allowed by admin (F---GC,fuckadothead,xxxx,ussexy etc ) and 'Taliban' got hit by a 800 pound gurilla..;)..got banned....
I am looking forward to a REAL issue discussion and get over this handle issue. Lets move on...
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pappu
07-02 10:36 PM
We need to run a media drive from tomorrow with full speed so that we can communicate this absurd action by DOS and USCIS.
How can they give 18K greencards in one day? and 60K greencards in one month. Where was the lack of manpower and heavy workload excuses?
Why did they make the dates current in the first place when they knew they cannot handle so many applications? There are so many questions that need answers.
This system is broken and needs to be fixed. Let us communicate to all our friends who are affected with this tragedy today so that we can all unite and make efforts to have our voices heard.
IV release
http://immigrationvoice.blogspot.com/
How can they give 18K greencards in one day? and 60K greencards in one month. Where was the lack of manpower and heavy workload excuses?
Why did they make the dates current in the first place when they knew they cannot handle so many applications? There are so many questions that need answers.
This system is broken and needs to be fixed. Let us communicate to all our friends who are affected with this tragedy today so that we can all unite and make efforts to have our voices heard.
IV release
http://immigrationvoice.blogspot.com/
more...
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srkamath
07-03 10:18 PM
Country-wise caps are clearly not a sensible way to retain the best talent in the world in the US. The purpose of the EB visa program is to get the best contributors to the US economy mostly when and where Americans are not available. The EB immigration system is not a socialist entitlement program for prospective immigrants from China, India or the ROW. The program must be fair to the US, fairness (or lack thereof) to all qualified prospective immigrants is a consequence not the intent of the law.
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
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tnite
08-15 04:39 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
Not bad for EB2 India/China ,the dates are the same as june bulletin
Not bad for EB2 India/China ,the dates are the same as june bulletin
more...
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fullerene
06-12 10:15 PM
I don't think the senator version of CIR will be passed at the house so I hope CIR fails completely. So senators can move ahead to vote provisions separately in favor of EB and H1 applicants.
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java98
08-12 07:41 PM
I complete agree with your ideas and effort.
Please count me in.
God Bless you all
Please count me in.
God Bless you all
more...
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eager_immi
01-18 11:15 AM
Signed up for $20 a month. Have contributed $300 earlier.
Thanks
Thanks
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bank_king2003
04-09 04:29 PM
Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.
You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.
if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.
if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
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mayhemt
08-02 06:20 PM
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
pappu
06-10 12:28 PM
WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
zeusjerry
04-04 03:25 PM
Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?
Solution is :
1. Reform current H1B procedures so that it cannot be abused.
2. Make H1b cap market based.
3. Reform EB based GC process as suggested by Strive Act..
If only i was president !! :)..
Solution is :
1. Reform current H1B procedures so that it cannot be abused.
2. Make H1b cap market based.
3. Reform EB based GC process as suggested by Strive Act..
If only i was president !! :)..
