yabadaba
02-21 03:46 PM
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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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?
needhelp!
09-26 12:07 PM
I see the updated text. Good job IV folks!
But it does seem out of place because the whole article is about H1..
But it does seem out of place because the whole article is about H1..
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swo
08-16 01:38 AM
I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.
A 6 months wait is not unreasonable. I'd be happy with that if I was you!
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.
A 6 months wait is not unreasonable. I'd be happy with that if I was you!
more...
grinch
03-07 07:43 PM
Aw darn!
It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?
It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?
sbabunle
01-02 12:29 AM
Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks
more...
ronhira
02-08 08:33 PM
Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.
agree 100%
agree 100%
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bheemi123
10-03 01:31 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..
more...
sunnymit
07-13 03:44 PM
Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card
I wouldn't think of not renewing my EAD if I were you. Of course I don't know your case details, but if your EAD is expiring anytime soon, just renew it. Its worth the $380 or so you will have to shell out. Not to dishearten you (or myself) but I know someone who has been waiting to get a GC and he has a PD of Jun 2001. u never know how long it might take...
I wouldn't think of not renewing my EAD if I were you. Of course I don't know your case details, but if your EAD is expiring anytime soon, just renew it. Its worth the $380 or so you will have to shell out. Not to dishearten you (or myself) but I know someone who has been waiting to get a GC and he has a PD of Jun 2001. u never know how long it might take...
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dagabaaj
09-28 04:39 PM
Politics is a dirty game and to win one must get hands into the mud to beat the heck out these guys. Durbin and Grassley are not the only ones. They are the most vocal ones. Why are we hurting? Because we have been silent for way too long. It is said that the crying baby gets the most milk. We do need to raise our voice. I think in another thread Mark pointed out that we can raise our voice but be civil about it and that is what differentiates us from the rest.
The point here is that, is the EU a greener pasture than the US?
IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.
The point here is that, is the EU a greener pasture than the US?
IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.
more...
uma_vishi
07-14 11:03 PM
Hi All,
here is my situation.I'm working in USA on L1B visa which is about to complete 5 years in sep 2010.my company A (employer and client )want to apply for L1A. Also another company B is filing H1B. now to make my stay here without going to india for the time being is this possible.
1) can both the companies apply for two different visa for a single person.
2) what are the pros and cons.
3) for conversion of L1B to L1A , is petition enough to stay in USA or do i need to go get the stamping.
also H1b start time is OCt and my petition expires in sep 2009 but i'm having I-94 till Nov 2011.
now how to manage one month time without going out of this country.
can anybody please help me with this.
Thanks in Advance.
here is my situation.I'm working in USA on L1B visa which is about to complete 5 years in sep 2010.my company A (employer and client )want to apply for L1A. Also another company B is filing H1B. now to make my stay here without going to india for the time being is this possible.
1) can both the companies apply for two different visa for a single person.
2) what are the pros and cons.
3) for conversion of L1B to L1A , is petition enough to stay in USA or do i need to go get the stamping.
also H1b start time is OCt and my petition expires in sep 2009 but i'm having I-94 till Nov 2011.
now how to manage one month time without going out of this country.
can anybody please help me with this.
Thanks in Advance.
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dreeft
02-13 08:52 PM
aww, and I was thinking Subway restuarants :(
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mheggade
07-14 01:22 PM
link does not work
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vin13
11-13 04:05 PM
Can you please bring it down to 'dummies' level:). Does it just mean they have a program that looks at country of chargebility, category, etc and spits out the A# of the ones based on the visa request?
I am assuming the progam will have some flexibility to change the criteria or parameters. I am not an IT person.
How will this affect our cause?
I am assuming the progam will have some flexibility to change the criteria or parameters. I am not an IT person.
How will this affect our cause?
more...
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letstalklc
06-11 12:21 PM
Thanks IV, great tool to send out emails.
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Macaca
07-17 10:26 AM
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
Please post URL
Please post URL
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svr_76
06-10 02:21 PM
Gr8 you win. now lets forge ahead on how to proceed and get similar details from other groups specially the high-tech lobby/group.
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10dulkar
08-15 05:18 PM
Expected news for EB3 folks
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samrat_bhargava_vihari
01-17 02:54 PM
Came to know about this and signed up for 20$.:)
-Samrat
-Samrat
frostrated
06-11 03:55 PM
Done. Sent to senators in Texas. Also sent to house members just so that they are aware.
Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.
Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.
Eternal_Hope
12-10 01:56 PM
Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.
The solution to all our visa backlog issues is:
1. Stop marrying.......
2. Dont have children ...or atleast not in your home country
Brilliant!
The solution to all our visa backlog issues is:
1. Stop marrying.......
2. Dont have children ...or atleast not in your home country
Brilliant!
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