iv_only_hope
08-15 04:58 PM
Friends I need an opinion regarding my wifes situation. She is currently on H4. She was on H1B before some time back which she had stamped in India itself. That H1B expired. She moved back to India. After 5 years now she applied for new H1B and got it in the quota. When the dates advanced we applied for her EAD. We were hoping to get it in 60-70 days. Now its been 75 days at TSC and no signs of approval. She had job offer based on EAD since we thought might as well use that. Now we are thinking she should get her H1B stamped because we dont know when her EAD will get approved. For that do you think going to Canada for stamping is safe. She has a Bachelors degree from India. Or do you think going to India only is thesafe option. Mainly I asked was I did some search and found out that its safest in Canada if you have US/Canadian Degree. Is that true or I am wrong and its safe for everyone. Thanks.
Amar
Amar
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enthu999
04-14 07:18 PM
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
Given that you got your 140 approved and applied for 485 and it is more than 180 days, you are in relatively safe situation.
Rememeber GC is for future employment, as soon as the dust settles..you need to find a job!
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
Given that you got your 140 approved and applied for 485 and it is more than 180 days, you are in relatively safe situation.
Rememeber GC is for future employment, as soon as the dust settles..you need to find a job!
gauravsh
03-29 12:15 AM
Guys MY PD is feb 2008. I am recently watching vias bulletins. I am in EB2.
Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.
What are your thoughts, is it worth filing in EB2?
Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.
What are your thoughts, is it worth filing in EB2?
2011 Hair
yadav
11-07 04:32 PM
Well in that case you "may" get caught by IRS (if they audit ). But in case of wire transfer you can prove that the money came from India in which there would not be any tax liability.
In one trip if you bring in 10K or less than customs has nothing to do with it and as far as IRS goes
then your mother can gift you 12 K$ in a year and 12K$ your father can gift and that amount is considered as tax exempt, if you are married then same applies to your inlaws they can also give you total 24K$ (12 each)
so the total comes out to be 48K and then this same thing can be done with your wife so in 1 year you can get 96K dollars as a gift from your parents and inlaws TAX EXEMPT
In one trip if you bring in 10K or less than customs has nothing to do with it and as far as IRS goes
then your mother can gift you 12 K$ in a year and 12K$ your father can gift and that amount is considered as tax exempt, if you are married then same applies to your inlaws they can also give you total 24K$ (12 each)
so the total comes out to be 48K and then this same thing can be done with your wife so in 1 year you can get 96K dollars as a gift from your parents and inlaws TAX EXEMPT
more...
imh1b
05-19 09:43 AM
I think IV should post ads in all major newspapers. This will be good publicity.
freedom_fighter
06-29 04:11 PM
I think IV should work on filing a CLASS ACTION LAWSUIT for several reasons. Are we going to be coward legals waiting, for lazy folks at USCIS to undo the wrong they've done for so many years.
1. Blatant errors in the processing which has, destroyed , causing huge stress, trauma and what not to ppl waiting in limbo.
2. Inability to provide any insight on the basic timeline for any application. Look at the EB backlogs, they change there bulletin as if its a stock market, it can go forward or backward depending on the mood of the ppl working on any day.
3. Immigration is a burden on the legal immigrants, we pay for those ppl jobs. How can they offer such a sub-standard service, considering the hefty fees they charge from us.
4. The US constitution says " We the people", does not say "Legal Aliens" don't have any say or can't ask for justice.
5. We are legals, did not cross any border like those illegals, which this administration is so concerned about. We pay for services, not screw ups!
6. Lost EB visas for USCIS / DOS mis-handling.
7. Even if we loose the lawsuit, still we made our point. USCIS sucks! period
Ok now, i'm ready for all the red dots, who think that keeping quite will some how magically solve these problems. They need to be held accountable for what they've done.
Btw. I found this : http://www.ilw.com/articles/2004,1116-khanna.shtm
This was class-action lawsuit by Rajeev Khanna. Anybody know what happened with it?
1. Blatant errors in the processing which has, destroyed , causing huge stress, trauma and what not to ppl waiting in limbo.
2. Inability to provide any insight on the basic timeline for any application. Look at the EB backlogs, they change there bulletin as if its a stock market, it can go forward or backward depending on the mood of the ppl working on any day.
3. Immigration is a burden on the legal immigrants, we pay for those ppl jobs. How can they offer such a sub-standard service, considering the hefty fees they charge from us.
4. The US constitution says " We the people", does not say "Legal Aliens" don't have any say or can't ask for justice.
5. We are legals, did not cross any border like those illegals, which this administration is so concerned about. We pay for services, not screw ups!
6. Lost EB visas for USCIS / DOS mis-handling.
7. Even if we loose the lawsuit, still we made our point. USCIS sucks! period
Ok now, i'm ready for all the red dots, who think that keeping quite will some how magically solve these problems. They need to be held accountable for what they've done.
Btw. I found this : http://www.ilw.com/articles/2004,1116-khanna.shtm
This was class-action lawsuit by Rajeev Khanna. Anybody know what happened with it?
more...
xyzgc
01-15 03:46 PM
The earlier who mentioned about hard hitting a car on Tree/building to shake the robber and run away is absolutely misleading peoples. There is no reward for bravery or mental sharpness in US for folks who wins a fight with robber or outsmarts them.
How much the Robber can steal from you - Couple of hundred cash, 5 credit cards ( which you can immediately cancel if you are not injured) and some important contacts. Be Nice with him and give him what he wants, tell them that you understand their situation and be sympathetic and polite with them.
I once did that and the robber just took 20 bucks from my wallet, 3 Marlboro Lights cigarettes and returned me the rest of money,credit cards,my SSN card and important contact papers and my rest cigarette pack and told me "you look like a nice guy".
Don't panic seeing robber or don't make the robber panic by shouting or banging your car on the building :) Robbers are just human beings like us with pathetic economic conditions ....
He shouldn't have returned your ciggies :D
How much the Robber can steal from you - Couple of hundred cash, 5 credit cards ( which you can immediately cancel if you are not injured) and some important contacts. Be Nice with him and give him what he wants, tell them that you understand their situation and be sympathetic and polite with them.
I once did that and the robber just took 20 bucks from my wallet, 3 Marlboro Lights cigarettes and returned me the rest of money,credit cards,my SSN card and important contact papers and my rest cigarette pack and told me "you look like a nice guy".
Don't panic seeing robber or don't make the robber panic by shouting or banging your car on the building :) Robbers are just human beings like us with pathetic economic conditions ....
He shouldn't have returned your ciggies :D
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neel_gump
07-25 12:48 PM
USCIS press released an update of receipting times..
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
NSC might send 485 receipts by 8/1/2007
TSC might send 485 receipts by 10/26/2007
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
NSC might send 485 receipts by 8/1/2007
TSC might send 485 receipts by 10/26/2007
more...
walking_dude
10-05 11:26 AM
Good Joke :)
GOP = Grand Old Party (Republican party)
Although historically Democratic party is much older to RP
Government of Power?
GOP = Grand Old Party (Republican party)
Although historically Democratic party is much older to RP
Government of Power?
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sanju
01-13 03:57 PM
OMG... some imposter called Hrithik is trying to impose himself as paskal... god Save IV :D:D:D:D:D
It appears that you are cracking a joke, but I cannot stop from replying to your post. Why are you asking God to save IV? For the things we cannot do or for the things we dcon't understand, why do we always have to bring in 'God' in the picture? Can't we even crack a joke without brining in God?
I am just trying to prevent world war III on these forums. Thats why my request for not referring "God'. We will all be much more happier funnier and peaceful if we try not to bring in 'God' in the mix.
Next thing you will see, someone will post - "God, when will the VB dates move for my category".
.
It appears that you are cracking a joke, but I cannot stop from replying to your post. Why are you asking God to save IV? For the things we cannot do or for the things we dcon't understand, why do we always have to bring in 'God' in the picture? Can't we even crack a joke without brining in God?
I am just trying to prevent world war III on these forums. Thats why my request for not referring "God'. We will all be much more happier funnier and peaceful if we try not to bring in 'God' in the mix.
Next thing you will see, someone will post - "God, when will the VB dates move for my category".
.
more...
rockstart
03-18 10:15 AM
I think what ever step we take has to be organized and inclusive of all groups. It is not like last year EB2 pulled out a smart trick to receive the spill over. I mean they were all suprised & shocked to see dates go forward as were other folks on this forum. So trying to unite Eb3 by kind of blaming Eb2 or Chinese or ROW or for that matter anybody will not be very productive. Remember we are facing immigration opponents who are well organized, united and well funded. They have years of experience in lobbying and using media to their advantage. We are a tiny minority and if we further fracture it besed on nationality or category of filing all we will do is weaken our case further. We should focus our efforts for EB reforms across all categories and I think the best way is to follow the direction of the IV leadership on this isssue.
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sanju_dba
09-27 09:57 AM
We ( myself and my wife ) applied at Texas Service Center , Dallas Lockbox.
- Appiled on Jul 7th
- mine approved on Sep 10th
- wife's approval on Sep 16th
After like
50days - spoke to National service center ( No help )
56 days - wrote an email to the POBox printed on the receipt notice ,explaining about my situation that i have already purchased tickets and need to travel on Oct 8th . Consider this factor under financial loss and expedite, added 4 photos , 2 each., invoice from travel agent, and attached receipt notice copy. ( not sure if that helped ).
later that day - I booked infopass appointment
next day - I saw SLUD on my case.
Sep 10th - I got text ( from the USCIS online profile ) noting approval,
next day - called NSC and asked why my wife's case is not approved yet, they said they will process individually , and it takes upto 30days to receive the AP copy.
but after 3days i got the physical approval. For my disappointment they didnot processed my wife's case along with mine.( we sent together ).
Then we called NSC explaining,but this time i could tell mine was approved and her is still pending and explained to expedite based on financial loss. she accepted it and sent a notice to local office, but also alerted us its discretionary.
On Sep 16 we got approval text message for my wife too.
after 3 days we got the physical copy for my wife, also got the letter in a different envelop about the "Acceptance of expedite process " ( well it was no use, but thats how their systems are inlined ) :eek:
Out of curiosity we were tracking other AP receipt notices ( by altering last few numbers of ours and they showed same receipt dated ) online in case status window. it showed one applicants approval was done and the adjoining applicant was kept pending for few days. after we got my wife's text message, we searched again those other APs and surprisingly all those got approved as well.
My recommendation to others in hurry ,if they crossed 50days , try taking info pass , talk to NSC . just donot leave it at its pace.
- Appiled on Jul 7th
- mine approved on Sep 10th
- wife's approval on Sep 16th
After like
50days - spoke to National service center ( No help )
56 days - wrote an email to the POBox printed on the receipt notice ,explaining about my situation that i have already purchased tickets and need to travel on Oct 8th . Consider this factor under financial loss and expedite, added 4 photos , 2 each., invoice from travel agent, and attached receipt notice copy. ( not sure if that helped ).
later that day - I booked infopass appointment
next day - I saw SLUD on my case.
Sep 10th - I got text ( from the USCIS online profile ) noting approval,
next day - called NSC and asked why my wife's case is not approved yet, they said they will process individually , and it takes upto 30days to receive the AP copy.
but after 3days i got the physical approval. For my disappointment they didnot processed my wife's case along with mine.( we sent together ).
Then we called NSC explaining,but this time i could tell mine was approved and her is still pending and explained to expedite based on financial loss. she accepted it and sent a notice to local office, but also alerted us its discretionary.
On Sep 16 we got approval text message for my wife too.
after 3 days we got the physical copy for my wife, also got the letter in a different envelop about the "Acceptance of expedite process " ( well it was no use, but thats how their systems are inlined ) :eek:
Out of curiosity we were tracking other AP receipt notices ( by altering last few numbers of ours and they showed same receipt dated ) online in case status window. it showed one applicants approval was done and the adjoining applicant was kept pending for few days. after we got my wife's text message, we searched again those other APs and surprisingly all those got approved as well.
My recommendation to others in hurry ,if they crossed 50days , try taking info pass , talk to NSC . just donot leave it at its pace.
more...
house SCARLETT JOHANSSON HAIR 2011
Goodintentions
04-20 06:11 AM
Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
================================
Hi all!
Please visit this link !
Comprehensive immigration reform probably doomed - Yahoo! News (http://news.yahoo.com/s/ap/us_obama_immigration)
THis is precisely what I had said yesterday! The issues HAS and WILL be kept alive, FOREVER!
In a way it is good because, now we can plead with both parties to think of LEGAL WORKERS like us!
If this ends the "hostage drama" by the "illegals" we should be more than happy!
What next???
Thank you!!!
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
================================
Hi all!
Please visit this link !
Comprehensive immigration reform probably doomed - Yahoo! News (http://news.yahoo.com/s/ap/us_obama_immigration)
THis is precisely what I had said yesterday! The issues HAS and WILL be kept alive, FOREVER!
In a way it is good because, now we can plead with both parties to think of LEGAL WORKERS like us!
If this ends the "hostage drama" by the "illegals" we should be more than happy!
What next???
Thank you!!!
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waitingnwaiting
05-31 08:26 AM
‘(C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies.
‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--
‘(A) has been lawfully admitted to the United States for permanent residence; and
‘(B) is a physician or other healthcare worker.
‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.
‘(d) Publication- The Secretary of State shall publish--
‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;
‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and
‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.
(2) RULEMAKING-
(A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.
(B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--
(i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;
(ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and
(iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.
(3) TECHNICAL AND CONFORMING AMENDMENTS-
(A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.
(B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.
(C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.
(D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:
‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.
(d) Attestation by Health Care Workers-
(1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:
‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-
‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.
‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.
‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--
‘(I) the obligation was incurred by coercion or other improper means;
‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or
‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.
(2) EFFECTIVE DATE; APPLICATION-
(A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.
(B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.
SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.
(a) Findings- Congress makes the following findings:
(1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.
(2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.
(3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.
(4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.
(b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--
(1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;
(2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and
(3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.
‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--
‘(A) has been lawfully admitted to the United States for permanent residence; and
‘(B) is a physician or other healthcare worker.
‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.
‘(d) Publication- The Secretary of State shall publish--
‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;
‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and
‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.
(2) RULEMAKING-
(A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.
(B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--
(i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;
(ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and
(iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.
(3) TECHNICAL AND CONFORMING AMENDMENTS-
(A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.
(B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.
(C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.
(D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:
‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.
(d) Attestation by Health Care Workers-
(1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:
‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-
‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.
‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.
‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--
‘(I) the obligation was incurred by coercion or other improper means;
‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or
‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.
(2) EFFECTIVE DATE; APPLICATION-
(A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.
(B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.
SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.
(a) Findings- Congress makes the following findings:
(1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.
(2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.
(3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.
(4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.
(b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--
(1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;
(2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and
(3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.
more...
pictures Scarlett Johansson is the face
sargon
08-28 10:49 PM
Can somebody answer this question of mine please.
Hi,
I filed my I485 in Texas service center because at the time of filing it I was living in a state which was in TSC's jurisdiction. The application is still pending in TSC.
I have not filed any AP so far. I am filing it first time now.
Now I have moved to a state which is in Nebraska Service Center's jurisdiction. So should I file my AP in NSC or in TSC?
Hi,
I filed my I485 in Texas service center because at the time of filing it I was living in a state which was in TSC's jurisdiction. The application is still pending in TSC.
I have not filed any AP so far. I am filing it first time now.
Now I have moved to a state which is in Nebraska Service Center's jurisdiction. So should I file my AP in NSC or in TSC?
dresses Photo Scarlett Johansson#39;s New
chanduv23
04-13 02:45 PM
IT and BPO outsourcing is also leading to Americanization of Indian youth and Indian youth are spending their high salaries on American products. In no time you will see American fast food chains, groceries, and many American MNCs cashing on a Americanized Indian crowd and neutralize ( and will eventually exceed the investments they make).
This is the beginning of Americanization. Most of you will not understand what I say because you are here in US for a long time and being first generation immigrants (on a limbo) keep up with your tradition. Americanization is like a slow bleed. IT and BPO is investment. Returns will come in form of MNCs and businesses and finally benefit American economy.
Just go back to India and look into the ITand BPO companies and lifestyles of people there. it will be 5 times higher than what we follow here as the Americanization is already induced.
Bottomline, do not underestimate America. They know what they do.
This is the beginning of Americanization. Most of you will not understand what I say because you are here in US for a long time and being first generation immigrants (on a limbo) keep up with your tradition. Americanization is like a slow bleed. IT and BPO is investment. Returns will come in form of MNCs and businesses and finally benefit American economy.
Just go back to India and look into the ITand BPO companies and lifestyles of people there. it will be 5 times higher than what we follow here as the Americanization is already induced.
Bottomline, do not underestimate America. They know what they do.
more...
makeup Scarlett Johansson#39;s tousled
Macaca
06-15 08:31 PM
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
girlfriend Hot stuff: Scarlett is crowned
JulyFiler
09-22 12:57 PM
It would get attention and help in educating (legal vs illegal) and would be done in conjunction with other things like:
-sending more flowers
-a huge rally in Silicon Valley
-candlelight vigil at congress
-mass letter mailings from all of us
-human chains
-hunger strike?
-etc
We have to attack simultaneusly (but SMARTLY) from all angles in order to be effective!
>>>>-sending more flowers
please.. enough of flowers..
>>>>-a huge rally in Silicon Valley
Now you have seen what goes and does not go into a rally. This is a complicated task so it has to be planned, as was the DC one.
>>>-candlelight vigil at congress
This will work if high school students do it. not "highly skilled" immigrants.
>>>>-mass letter mailings from all of us
Yeah.. spam them with emails..
>>>-human chains
This involves same complexity as the rally. so its not an easy task.
>>>-hunger strike?
This will be stupidity. ( I am not calling you stupid, but the idea. so no need to jump on me). Eat your food and live healty and happy. Is GC worth going on hunger strikes and suicide attempts? Thats too much of desperation. You are not from Afghanistan or Kenya right..?
>>>-etc
What else?
Oh yeah.. the "drain stoppers" stuff.. thats again stupid. Thats too much literal comparison to brain drain.
-sending more flowers
-a huge rally in Silicon Valley
-candlelight vigil at congress
-mass letter mailings from all of us
-human chains
-hunger strike?
-etc
We have to attack simultaneusly (but SMARTLY) from all angles in order to be effective!
>>>>-sending more flowers
please.. enough of flowers..
>>>>-a huge rally in Silicon Valley
Now you have seen what goes and does not go into a rally. This is a complicated task so it has to be planned, as was the DC one.
>>>-candlelight vigil at congress
This will work if high school students do it. not "highly skilled" immigrants.
>>>>-mass letter mailings from all of us
Yeah.. spam them with emails..
>>>-human chains
This involves same complexity as the rally. so its not an easy task.
>>>-hunger strike?
This will be stupidity. ( I am not calling you stupid, but the idea. so no need to jump on me). Eat your food and live healty and happy. Is GC worth going on hunger strikes and suicide attempts? Thats too much of desperation. You are not from Afghanistan or Kenya right..?
>>>-etc
What else?
Oh yeah.. the "drain stoppers" stuff.. thats again stupid. Thats too much literal comparison to brain drain.
hairstyles Scarlett Johansson (Rex
pns27
05-13 05:49 PM
Why cant you guys understand, we have no right to demand.
Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.
Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?
So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.
As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.
You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.
�The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.
The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?
Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�
We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.
Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.
PNS27
PD: EB3 June 2002
Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.
Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?
So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.
As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.
You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.
�The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.
The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?
Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�
We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.
Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.
PNS27
PD: EB3 June 2002
vbkris77
07-02 12:39 PM
That's my point. If we don't have volume.. All these letters will endup in recycle. Do we have a solution? No. .We don't.. we will just post and post in forums!!! later check LUDs..
chaukas
08-23 11:03 PM
Once you login you should have been able to vote... are the options grayed out for you?
It worked now. Voted.
It worked now. Voted.
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