ilikekilo
08-15 06:18 PM
I think its not going to budge after this for 3 months or so, till they calculate all the applications received and do the math. Hopefully it will move forwards then, however (less likely) it can move backwards too ( I have seen strangest patterns with the bulletins)
i agree with u on this
i agree with u on this
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perm2gc
12-27 05:38 PM
/\/\/\/\
Almond
07-05 01:36 PM
Financial situation of all the non paying members is so bad that they earn 55-60K on avg and beyond. They all have all the filmi difficulties we see every day. What more reasons do we need NOT to pay?
Seriously!?
Seriously!?
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varshadas
12-14 09:12 AM
Hello All,
This is a reminder to all to join the conference call tonight at 9.00 PM.
Thanks,
Varsha
This is a reminder to all to join the conference call tonight at 9.00 PM.
Thanks,
Varsha
more...
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?
abhijitp
08-03 02:25 PM
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
more...
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.
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rakesh_one
03-07 11:47 AM
Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
more...
RNGC
02-19 11:35 AM
Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
well said Jaime...We should support this bill..
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
well said Jaime...We should support this bill..
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Macaca
09-26 11:46 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
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nashim
01-13 02:59 PM
can you please share your views and experiences of Symphony Corp (www.symphony.cc)
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haifromsk@yahoo.com
02-21 02:28 PM
bump
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komaragiri
07-23 02:29 PM
It's part of initial evidence. Not sure why your lawyer mentioned that u don't need it for I-485 filing.
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retrohatao
02-03 09:40 AM
I have not heard from any of the moderators/forum organizers on this. Does that mean immigrationvoice is NOT FOR "name check" affected immigrants?
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ajaykk
07-11 09:35 PM
My PD is 06/27/06..should I feel happy or fingers x'd or just lucky....
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shree19772000
01-16 07:13 PM
I could see myself or any other desi dude and I have seen people in this situation. Its painful. Myself, I learnt my lesson during the 2000 - 2002 recession and spent all these years preparing for something like this. It was a difficult but I had to do it. I kind of knew that this would happen every 10 years. This time it did not take it 10 yrs.
By the way, I liked your narration of the incident. I wish I could do it.
We have very skilled people here and here is my suggestion. Why don't we make a documentary on these stories and the problems we face due to immigration. It will be much better way of putting our concerns before the people and I am sure even the immigration hardliners will sympathize with us if they hear us out and what we are going thru even after being there for 7-10 years paying taxes and doing our due diligence.
These are my 2 cents and good luck with your job slumdog!
By the way, I liked your narration of the incident. I wish I could do it.
We have very skilled people here and here is my suggestion. Why don't we make a documentary on these stories and the problems we face due to immigration. It will be much better way of putting our concerns before the people and I am sure even the immigration hardliners will sympathize with us if they hear us out and what we are going thru even after being there for 7-10 years paying taxes and doing our due diligence.
These are my 2 cents and good luck with your job slumdog!
more...
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monkeyman
09-26 02:58 PM
It is not about politics, it is about ignorance of the people (including reporters). It is explainable, though - what do you know about... I don't know, laws around transporting hazardous materials, something you have never been exposed or subject to? Next to nothing. That's what an average American knows about immigration - their closest brush with that law was when their co-worker adopted a child from abroad. Of course, they do not know the difference between worker visas, and employment based immigrant visas (don't they even sound alike?).
Hmmmmm... I do not have any exposure to transportation industry - but the regulations are straight forward - you cannot transport hazardous materials on normal routes (there are designated routes depending on the HAZMAT code) - definitely, no tunnels / bridges. Declarations have to be obtained, MSDS (Material Safety Data sheets ) must be accessible and personnel involved need to be trained and understand the health risks. The type of material must be indicated on a HAZMAT chart and color coded!!!
And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.
Hmmmmm... I do not have any exposure to transportation industry - but the regulations are straight forward - you cannot transport hazardous materials on normal routes (there are designated routes depending on the HAZMAT code) - definitely, no tunnels / bridges. Declarations have to be obtained, MSDS (Material Safety Data sheets ) must be accessible and personnel involved need to be trained and understand the health risks. The type of material must be indicated on a HAZMAT chart and color coded!!!
And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.
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vin13
11-12 03:26 PM
Guys
So are we having a conference call or have we decided that we should individually write letter that has already been drafted.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
So are we having a conference call or have we decided that we should individually write letter that has already been drafted.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
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andycool
07-15 11:11 AM
No changes in my status..not even phone company. :D
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
Is your case still @ Local Office
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
Is your case still @ Local Office
.soulty
03-09 08:00 PM
just enter whatever you have on the date and then fix it up after.. no drama, you can always use this piece for a portfolio or something and you can showcase it later.
gimme_GC2006
04-06 11:31 PM
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
hahahah...too funny
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
hahahah...too funny
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