Thursday, June 16, 2011

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  • trueguy
    09-22 02:00 PM
    Scheduled for tomorrow:

    09/23/2008


    Full Committee
    1:00 P.M. in 2141 Rayburn House Office Building

    Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
    To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress

    http://judiciary.house.gov/hearings/calendar.html





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  • gc_mania_03
    11-08 10:07 AM
    msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.



    Well said!!

    We as IV members need to understand that this group represents groups from different nations and regions. Comments such as these that create a notion that this group represents particular group of immigrants, should be outright banned.

    I have seen various instances of localized dialects being used by excited/frustrated IV members. A little bit of maturity and thought while posting on this forum would help us with our cause and harm us less.

    -gc_mania_03





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  • gc_rip
    02-08 01:45 PM
    Hi,

    I have 3 yrs degree + 1 yr PG diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that I am doing.

    I am currently filed in EB3 category, and new company I am changing job to are ready to refile my GC. But they won't file my GC in EB2 category, as I don't meet the 4 yr BS requirement.

    My son will be in the highschool in 4 years, and I don't want to spend a lot of money on getting MS to myself. But for the GC I am looking for fastest and cheapest way to get MS program. I have no idea how it works, what qualifies me for a degree, what can I get credits for. Any inputs would be appreciated.

    Thanks!





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  • bugsbunny
    04-21 01:06 PM
    A Quick Question.

    Can parents stay here for 5 1/2 months go back for say a month or two and come back again for 5 1\2 months? Would this pattern be suspected during visa renewal?

    if its a 10 year visa...i doubt there should be a concern about visa renewal.
    Hopefully in 10 years you have GC and USC :)
    But to answer your question...as long as you are not overstaying the 6 months there should be no legal issues. Ofcourse there is no such guarantee as it is upto the visa issuing officer's discretion



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  • saileshdude
    02-06 02:30 PM
    vinod,

    Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
    Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.

    Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.





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  • shantanup
    05-12 10:50 AM
    Sunday June 6th, Training will start from 10:30 am. (Venue will be announced later)
    Monday June 7th, Meeting with the legislative offices
    Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.

    I have confirmed my travel plan. I will attend all events on Jun 6, 7 and 8. I have already paid for my airfare. I can bear all the local trasportation and incidental expenses. I don't have a place to stay, though. I would appreciate if someone can sponsor a 3 night hotel stay for me in Washington DC.



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  • waitingnwaiting
    05-31 08:23 AM
    Mr. SENSENBRENNER (for himself and Mr. POLIS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

    A BILL

    To provide relief for the shortage of nurses in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Emergency Nursing Supply Relief Act’.

    SEC. 2. NURSING SHORTAGE RELIEF.

    (a) Increasing Visa Numbers- Section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended by adding at the end the following:

    ‘(e) Visa Shortage Relief for Nurses-

    ‘(1) IN GENERAL- Subject to paragraph (2), for petitions filed any time prior to September 30, 2014, for employment-based immigrants (and their family members accompanying or following to join under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))), which are or have been approved based on Schedule A, Group I as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor, the numerical limitations set forth in sections 201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) shall not apply.

    ‘(2) LIMITATION ON NUMBER OF VISAS- The Secretary of State may not issue more than 20,000 immigrant visa numbers in any one fiscal year (plus any available visa numbers under this paragraph not used during the preceding fiscal year) to principal beneficiaries of petitions pursuant to paragraph (1).

    ‘(3) EXPEDITED REVIEW- The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in paragraph (1) not later than 30 days after the date on which a completed petition has been filed.

    ‘(f) Fee for Use of Visas Under Subsection (a)-

    ‘(1) IN GENERAL- The Secretary of Homeland Security shall impose a fee upon each petitioning employer who uses a visa provided under subsection (e) to provide employment for an alien as a professional nurse, except that--

    ‘(A) such fee shall be in the amount of $1,500 for each such alien nurse (but not for dependents accompanying or following to join who are not professional nurses); and

    ‘(B) no fee shall be imposed for the use of such visas if the employer demonstrates to the Secretary that--

    ‘(i) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or

    ‘(ii) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e).

    ‘(2) FEE COLLECTION- A fee imposed by the Secretary of Homeland Security pursuant to paragraph (1) shall be collected by the Secretary as a condition of approval of an application for adjustment of status by the beneficiary of a petition or by the Secretary of State as a condition of issuance of a visa to such beneficiary.’.

    (b) Capitation Grants To Increase the Number of Nursing Faculty and Students; Domestic Nursing Enhancement Account- Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following:

    ‘SEC. 832. CAPITATION GRANTS.

    ‘(a) In General- For the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section.

    ‘(b) Purpose- A funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.

    ‘(c) Grant Computation-

    ‘(1) AMOUNT PER STUDENT- Subject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following:

    ‘(A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program in nursing that--

    ‘(i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and

    ‘(ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area.

    ‘(B) $1,405 for each full-time or part-time student who--

    ‘(i) is enrolled at the school in a program in nursing leading to a bachelor of science degree, a bachelor of nursing degree, a graduate degree in nursing if such program does not meet the requirements of subparagraph (A), or an equivalent degree; and

    ‘(ii) has not more than 3 years of academic credits remaining in the program.

    ‘(C) $966 for each full-time or part-time student who is enrolled at the school in a program in nursing leading to an associate degree in nursing or an equivalent degree.

    ‘(2) LIMITATION- In calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student--

    ‘(A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a master’s degree or an equivalent degree;

    ‘(B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a doctoral degree or an equivalent degree;

    ‘(C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or

    ‘(D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).

    ‘(d) Eligibility- In this section, the term ‘eligible school of nursing’ means a school of nursing that--

    ‘(1) is accredited by a nursing accrediting agency recognized by the Secretary of Education;

    ‘(2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 academic years preceding submission of the grant application; and

    ‘(3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 academic years preceding submission of the grant application.

    ‘(e) Requirements- The Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each academic year for which the grant is awarded, the school will comply with the following:

    ‘(1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent.

    ‘(2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent.

    ‘(3)(A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding academic year by 5 percent or 5 students, whichever is greater.

    ‘(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.

    ‘(C) With respect to any academic year, the Secretary may waive application of subparagraph (A) if--

    ‘(i) the physical facilities at the school involved limit the school from enrolling additional students; or

    ‘(ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding academic years.

    ‘(4) Not later than 1 year after receiving a grant under this section, the school will formulate and implement a plan to accomplish at least 2 of the following:

    ‘(A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months.

    ‘(B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology.





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  • pappu
    03-10 03:24 PM
    Too late.

    EB3I dropped out of school already!

    Or watching cricket matches during exam time. :)

    EB3 folks need to be the most worried people if they do not have Greencards. Unless there is any sense of desperation and expressed need, do not expect any lawmaker to vote for any greencard bill .



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  • prem_goel
    08-03 11:33 PM
    Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. If they have a pending application, they have to process it. they decided in the summer of 2007 that they will hire additional contractors and process all the pending applications so that they reach their goal of 4 months processing times of 485.

    Why will they waste their resources on your $325 dollars again dude? Is the amount that high that they will reopen the case at the time of finally alloting a visa number, and spend the money/resources on reviewing the case again?

    Whatever be the PD, USCIS is all set for a month processing time of 485 by Sept 2009. All cases filed before Jun of this year should have been either pre-adjudicated or denied by that date.



    well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
    these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
    (I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)





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  • forever_waiting
    04-19 05:02 PM
    Thanks! Excellent coverage of the IV advocacy event...
    Great to see a Congressman so strongly on our side.

    India Abroad published this article about advocacy day event

    India Abroad - April 15, 2011 (http://www.indiaabroad-digital.com/indiaabroad/20110415?pg=5&pm=1&fs=1#pg5)

    and

    India Abroad - April 15, 2011 (http://www.indiaabroad-digital.com/indiaabroad/20110415?pg=5&pm=1&fs=1#pg6)



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  • nashorn
    12-17 01:12 PM
    Check/Bill-pay has been temporarily discontinued due to logistics reasons.

    PayPal automates the payments. Checks/Billpay requires an IV volunteer (trusted by IV core) to take time off and physically collect these checks/echecks from the IV mailbox in NJ, and deposit them to the IV bank account. Someone has to spend time and effort into doing it !
    Are you saying IV can't find anyone IV trust to do this, or nobody in IV core thinks it is woth it to do some extra leg work? I don't think IV has the luxury of not doing the leg work. Every peny counts.





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  • GCAmigo
    05-24 09:07 AM
    If no CIR no relief for legal also. This bill with minor amendment is much better than statsuquo
    in the long run, it is going to be extremely BAD/HARD for skilled immigrants..
    I couldn't confirm it but from what I understand, the dual intent will no longer be valid on H1 ie A H1-B holder cannot have an immigrant intent. Does that mean, they cannot file for a GC, while on H1? Also, as consulting would be severely restricted, how many of the H1s will be able to find Full-Time Jobs?

    As we read more into the Bill, the 'hidden' intent is becoming clear..
    Restrictions & more Restrictions..



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  • webm
    05-13 03:46 PM
    One interesting point that came out of that recent hearing.

    PD movement results in both 485 approvals + new 485 filings. CIS blames backlogs partly due to the policy that allows 485 filing whenever PDs are current. if PD movement results in 5 approvals, it also results in 10 new 485 filings and thus a backlog is built over which they have no control.

    So in their opinion, PD movement should only control approvals & 485 filings should be controlled separately. If this happens, there would no backlogs and no one will ask them any questions or drag them to court for hearings!

    I agree with you!!:)..

    Question is when this can happen..a big Q to uscis..Obviously we know they dont respond it for such proper processing and fair justice..





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  • lazycis
    10-01 05:22 PM
    Lazycis

    Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful

    I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.


    USCIS expedite criteria met - no results for past 10 days
    workig with congressman
    sent to Ombudsman, they responsded that they are researching
    took infopass, no help


    THanks

    Check lawsuit steps here:
    http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps

    If you have any questions, Pm me or post them here
    http://boards.immigration.com/showthread.php?t=194681&page=600

    I will prepare a lawsuit template and post it on immigration.com
    As you have an urgent matter, you will need to expedite the process. The rules give government 60 days to respond under normal circumstances. To expedite, you will need to file a motion for preliminary injunction right after you file initial complaint. This way, you will get EAD in two weeks.



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  • krithi
    08-19 04:22 PM
    There are no bills being discussed. House as well as senate are on recess and will convine after Sept 10th. After it reconvenes, between 10th sept and Oct 8th - it has a lot of tasks at hand, and no apetite for any big and controversial issues like immigration. Mid term elections are in early nov and nobody wants controversial bills debated just before that. Morover it has been made clear that GOP does not want any immigration bills except "fencing the border". Democrats do not have required votes for cloture.

    So, nothing is going to happen on the immigration front- legislatively untill after nov elections. Attitudes towards this issue will change and more GOP Lawmakers wil favor talking about this after. It will be a different ball-game depending on who keeps the majority. In the lame-duck there might be a chance.

    August/Labor Day Recess
    House - August 9 � September 12
    Senate August 9 � September 10


    Target Adjournment:
    House - October 8
    Senate - TBD



    So, between now and the lame-duck session, if we can educate lawmakers- especially now- since they are comming back home and to their constituents in the recess. Most of them have town-hall meetings arranged and want to hear from their constituents. It will be good to make ourselves visible and heard.

    no please donot do that there shouldnt be any recapture





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  • vinabath
    05-29 01:03 PM
    To the best of my knowledge they make good money. I personally know so many examples where H-1s make more money than US citizens. Only exception would be the ones who are fulltime in Infosys type companies.



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  • chanduv23
    10-13 09:59 AM
    I was glad I made it even if I was late. The local chapter is no more nebulous entity in my mind. Good to see you all.

    PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)

    Well - now I understand why you were there :)





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  • sc3
    11-15 01:09 AM
    let us not be moral police here.

    Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.

    I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.

    I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.





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  • ars01
    07-09 01:32 PM
    Popoye,

    You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.

    Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.

    I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).

    Just make sure that your old employer doesn't revoke your I-140

    BTW, when was your I-140 filed?

    cheers
    The following is copied directly from a USCIS memorandum:
    "If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
    (�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."

    Looks like I-140 must be approved to use AC-21.





    bigboy007
    07-29 08:32 PM
    First they should give detailed plan out. even then point system is a pain , no benefits till final stage. its good for all right if one has to sit in 25 years waiting for his turn on visa instead of green card... good luck for all who support this. Other countries who use point system compare the numbers... US has far more immigrants than any other country... if point system is open everyone can apply. But thats good ... but in negative side how can you control huge workload w/o increasing numbers and infact other countries doesnt have numerical limits they control by points. if US has numbers and then point system nothing but taking away all of our benefits go back and wait for 20 years one way of saying go back. realize it.

    It will bring down the workload? Can you explain how? If anyone in the world is eligible to apply for the GC without sponsorship, the system will be flooded with applications, irrespective of whether they carry any merit or not. What makes you think that an organization that cannot process 140K applications per year can handle millions?

    The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.





    mallu
    06-15 08:08 PM
    Bottomline is they do not want to give us Greencard just use us and fool us. I am sure this 485 being current is big melodramatic thing.

    I don't know how many years i have to wait to get out of namecheck. Golden years going by ...



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