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optimist578
01-31 01:46 PM
If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?
What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?
What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?
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anilsal
12-11 03:06 PM
First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.
Until then, there is no point in having any discussion on this.
Until then, there is no point in having any discussion on this.
WAIT_FOR_EVER_GC
06-10 12:50 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)).
What should we do. I am in tell me what I need to do?
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)).
What should we do. I am in tell me what I need to do?
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immi2006
02-22 07:26 PM
Hi,
I called USCIS today, i was asked to take infopass to get a status update on my case, as it was pending in local office. I am not sure why.
My PD is 2001 March, from Dallas BEC - LC cleared on June 2007. Filed 140+485 on July 2. In my company atleast 400 - 500 number of EB2 cases came thru in June 2007, there were a few hundred lcs from BEC for EB3 too..from 2000-2001 time frame, based on some of the threads I have seen. We are one of the largest networking company in San Jose, here. I am sure there are other companoies that have good number of folks, also depends on how many stuck on..
Filed my 10 th year H1 extension,
PD March 2001
EB2 - Category - Adv Degree
Country - India
Degree - Research IIT/IISc Bangalore.
Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.
And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)
I called USCIS today, i was asked to take infopass to get a status update on my case, as it was pending in local office. I am not sure why.
My PD is 2001 March, from Dallas BEC - LC cleared on June 2007. Filed 140+485 on July 2. In my company atleast 400 - 500 number of EB2 cases came thru in June 2007, there were a few hundred lcs from BEC for EB3 too..from 2000-2001 time frame, based on some of the threads I have seen. We are one of the largest networking company in San Jose, here. I am sure there are other companoies that have good number of folks, also depends on how many stuck on..
Filed my 10 th year H1 extension,
PD March 2001
EB2 - Category - Adv Degree
Country - India
Degree - Research IIT/IISc Bangalore.
Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.
And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)
more...
abd
09-20 12:39 PM
Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.
Mine also should have reached yesterday. Didn't see any LUD. I am really nervous.
Mine also should have reached yesterday. Didn't see any LUD. I am really nervous.
gimme_GC2006
03-09 03:54 PM
If your kids were born in the US then maybe they will be able to file for you by then and that will be definitely faster than EB-3. :D
looks like that is Plan B :D:D
looks like that is Plan B :D:D
more...
pappu
04-23 10:18 AM
This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this. We did get an irresponsible member gautamagg in this event by using IV's name and asking a wrong question. This Q and A session should have been used to talk about the general issues of the organization members and that IV fully supports the bill that brings relief to us. And not asking if this congressman can get me a F1 visa because I don't want to spend $100 and ask this question to a lawyer. Or saying I am getting a 100K salary now and if I get my greencard I can get 120K salary and I am very depressed because of that. It is really tough to discipline everyone coming to the meetings and making sure each question will be well thought of and coordinated. There are definitely some lessons learnt after such representations in public meetings.
Many thanks to gsc999 for bringing a banner and wearing IV t-shirt. We also want to acknowledge his contributions of over $1K to immigrationvoice and wish we have more members like him. Many thanks to members who helped us call all CA members and ensured we have a good turnout. Our success will be very close if we have such committed and responsible members.
Members are requested to be mature and responsible in such meetings. If you are using IV’s name and IV has invited you for the meeting, you are representing all 10,700+ members and you are their voice.
Many thanks to gsc999 for bringing a banner and wearing IV t-shirt. We also want to acknowledge his contributions of over $1K to immigrationvoice and wish we have more members like him. Many thanks to members who helped us call all CA members and ensured we have a good turnout. Our success will be very close if we have such committed and responsible members.
Members are requested to be mature and responsible in such meetings. If you are using IV’s name and IV has invited you for the meeting, you are representing all 10,700+ members and you are their voice.
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Macaca
09-11 01:38 PM
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things money can buy,
but it's good, too,
to check up
once in a while and
make sure that
you haven't lost
the things money can't buy
George Horace Lorimer
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abhijitp
07-25 12:43 PM
I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.
Thanks everyone for replying.
Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!
Thanks everyone for replying.
Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!
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sujith1
11-23 10:06 AM
I had a talk with my lawyer and he told me that the salary can be increased. The only condition is that it cannot go below the salary specified in the Labor petition.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
more...
mariner5555
02-14 06:31 AM
Canuck,
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
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jit15k
07-04 09:45 PM
Ramba excellent analysis. One thing has to be red carefully from the July 2nd memo from USCIS says that all 2007 EB visas has been "allocated" which is diffrent from the word " Approved" and that is the 20K visas as per Ramba.
I completely agree that we should fight to recapture the visas that were lost in last 1 years.
I completely agree that we should fight to recapture the visas that were lost in last 1 years.
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madhu345
12-27 06:51 AM
As many Airlines startes Non Stop services to India, why do we care abiut Transit visa.
I travelled American in May the service is pretty good, also Continental is pretty good.
-Madhu
I travelled American in May the service is pretty good, also Continental is pretty good.
-Madhu
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Jaime
09-10 11:54 AM
Hey, I know many of you might still be hesitant to attend the rally, and probably there's a number of reasons. But, whichever the reason, please remember this:
You should attend the rally even if you were the only person attending! You shoulld attend because YOU"VE HAD ENOUGH and you want to tell Congress everything that you have had to be quiet about so far! You should attend because we may not get a chance like this again!
Think about this. When you are driving your car late at night and you come up to a traffic light on red, you still stop even if there are no cars to be seen anywhere. You do it because that's the right thing to do. When you see someone beating somebody up you speak up, right? Because that's the right thing to do. We are putting the green light on right now for you to speak up, and we have the chance to tell Congress how we have been "betaen up" repeatedly by the system. WE NEED TO DO THIS! Don't stay quiet!!!
Once you rid yourself of the feeling that "1 more person (you) cannot make a difference" (which you can, by the way, but that's not the point) then you realize that the reasons for attending the rally are based on PRINCIPLE and not only on numbers. That is what Gandhi and Martin Luther King would have done. THEY SUCCEEDED!! WE WILL TOO!! BUT WE NEED YOU IN WASHINGTON!!!
You should attend the rally even if you were the only person attending! You shoulld attend because YOU"VE HAD ENOUGH and you want to tell Congress everything that you have had to be quiet about so far! You should attend because we may not get a chance like this again!
Think about this. When you are driving your car late at night and you come up to a traffic light on red, you still stop even if there are no cars to be seen anywhere. You do it because that's the right thing to do. When you see someone beating somebody up you speak up, right? Because that's the right thing to do. We are putting the green light on right now for you to speak up, and we have the chance to tell Congress how we have been "betaen up" repeatedly by the system. WE NEED TO DO THIS! Don't stay quiet!!!
Once you rid yourself of the feeling that "1 more person (you) cannot make a difference" (which you can, by the way, but that's not the point) then you realize that the reasons for attending the rally are based on PRINCIPLE and not only on numbers. That is what Gandhi and Martin Luther King would have done. THEY SUCCEEDED!! WE WILL TOO!! BUT WE NEED YOU IN WASHINGTON!!!
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Milind123
06-07 10:52 PM
http://www.fbi.gov/hq/nationalnamecheck.htm
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vivid_bharti
05-06 05:08 PM
We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now.... Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use.
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ajthakur
07-14 07:18 PM
Why does the attorney have to be very competent if its a simple AC 21 case? I know people have applied for AC21 on their own. Will an attorney do something different? He will also send the same set of dcouments that I will? Pleaes help me here. I am not sure whether I should spend thousands of dollars on an attorney for something I could have done myself.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
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go_gc_way
12-31 04:28 PM
Just an update .. Following in following websites have posted with classifieds.
I am looking forward to more participation or other ideas from other Members ... or it's better I close this thread :)
Suggest ,comment or post a classified in a web site you know.
Following regional web sites have been posted with claissfied. Catch you folks later.
1)New York
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta .....................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
35) St. Louis ...................www.myilaaka.com
I am looking forward to more participation or other ideas from other Members ... or it's better I close this thread :)
Suggest ,comment or post a classified in a web site you know.
Following regional web sites have been posted with claissfied. Catch you folks later.
1)New York
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta .....................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
35) St. Louis ...................www.myilaaka.com
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pappu
01-10 12:20 PM
volunteers to post in those above listed forums or to search forums ?
volunteers to post in those above listed forums and sites
volunteers to post in those above listed forums and sites
sashidhar_gundimeda
07-02 08:14 PM
Confirmation Number: 34850160M9463882Y.
Thanks and keep up the good work - Sashi
Thanks and keep up the good work - Sashi
lvinaykumar
07-16 07:39 PM
They are really shameless
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