webm
05-28 03:40 PM
Congrats!! damialok
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chmur
09-11 03:04 PM
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
hemal555
02-13 01:11 PM
I also think congressman for Bergen County belongs to the target green category. Anyone from Bergen County, NJ to arrage a meet with congressman (some congressman tends to entertain the meeting request from person who belongs to his/her constituency).
thanks,
hemal
thanks,
hemal
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yagw
07-13 12:03 PM
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!
Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!
more...
GreenLantern
02-15 06:52 PM
Anybody want to post what they have so far? Please?
SunnySurya
07-28 05:32 PM
Of course these are related to immigration, let me tell you how:
Picture of lord Ganesha will make more beer sell. More beer will have two consequences one employment level will increase plus people will be more energized drinking these beers. So in both cases it will increase the well being of Indians.
So this means, Manamohan Singh and other MPs will drink these beers a whole lot and sign the Nuclear deal. Once the nuclear deal is signed more elctricity will be generated and hence more beer.
That will increase the the well being of Indians further.
Once a certain level of standard of living is reached no one would want to come to the USA
If no one wants to come to the USA , naturally the green card line will become short.
If the green card line is shortned then...
EB2/EB3 for India will become current...
:DMy Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
Picture of lord Ganesha will make more beer sell. More beer will have two consequences one employment level will increase plus people will be more energized drinking these beers. So in both cases it will increase the well being of Indians.
So this means, Manamohan Singh and other MPs will drink these beers a whole lot and sign the Nuclear deal. Once the nuclear deal is signed more elctricity will be generated and hence more beer.
That will increase the the well being of Indians further.
Once a certain level of standard of living is reached no one would want to come to the USA
If no one wants to come to the USA , naturally the green card line will become short.
If the green card line is shortned then...
EB2/EB3 for India will become current...
:DMy Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
more...
PERM12
08-11 11:42 AM
All,
count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...
Flexibility to leave the current job and go join a college without worrying about status
Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
Flexibility to change employers and get a better position and offer
Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions
most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.
Lets also work for drastic change in the employment based work permits.
count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...
Flexibility to leave the current job and go join a college without worrying about status
Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
Flexibility to change employers and get a better position and offer
Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions
most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.
Lets also work for drastic change in the employment based work permits.
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gsc999
04-23 01:32 PM
I had the same problem with phone numbers. About 8 numbers turned out to be incorrect. Update your profile, please. And if you do not want to be contacted by phone, please leave the phone # box in the profile blank.
---
Ditto, Please update your phone numbers.
Thanks in advance
---
Ditto, Please update your phone numbers.
Thanks in advance
more...
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gc_chahiye
08-21 02:15 AM
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
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yagw
09-17 05:00 PM
[ sorry if not relevant to the OP.]
http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm?campaign_id=yhoo
The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."
http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm?campaign_id=yhoo
The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."
more...
retrohatao
02-16 10:11 AM
willgetgc2005,
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
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vghc
07-03 11:10 AM
Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
more...
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PresidentO
02-04 11:58 AM
Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
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smuggymba
09-10 06:05 PM
smuggymba
what happened to your earlier PD. I think it was in mid 2004 or so, correct?
no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.
what happened to your earlier PD. I think it was in mid 2004 or so, correct?
no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.
more...
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bfadlia
02-03 02:46 PM
Do you only do what IV support ? Did I say anywhere I want IV o endorse it ?
I did not mean to run you down, but was questioning whether such thread can get us anywhere.. u obviously can't do this by yourself and if u seek the support of some IV members to do something that will harm other IV members this will only divide and make us weaker in seeking a siolution that helps us all
I did not mean to run you down, but was questioning whether such thread can get us anywhere.. u obviously can't do this by yourself and if u seek the support of some IV members to do something that will harm other IV members this will only divide and make us weaker in seeking a siolution that helps us all
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delax
07-20 10:03 AM
Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???
You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.
You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.
more...
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solraj
03-12 05:55 AM
Good to see some progress on Eb3. Something is moving atleast. I am pleased.
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gc28262
08-11 05:07 PM
August 15th being Independence day.
In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is
Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)
I will be there and make sure the voice is heard. Do we have any standard document or something.
I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...
Just my thoughts...
Contact Starsun
ivcoordinator @ gmail.com
In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is
Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)
I will be there and make sure the voice is heard. Do we have any standard document or something.
I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...
Just my thoughts...
Contact Starsun
ivcoordinator @ gmail.com
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nixstor
07-03 02:26 PM
this does happen- for people in the US already. larger companies find it convenient to simply send the employee out for asactly 365 days and then transfer them back. and Viola! you are in the front of the line!
all legal...but one of the various problems that cause the system to be clogged.
I am not debating it whether it can happen at all or not, whether its right or wrong. I should have worded it better in my previous post. It can happen, but not many who are already in the US do this. If it were equally rampant like the labor substitution, EB1 cannot be current for long time. While some one can go this route, they are paying a significant amount of Salary (possibly Spouse's salary as well), Family upheaval for an year and many other things as a premium. Not all people have the chance to do so and can afford to do so, if they have a chance. We are not seeing any clogs in EB1. Are we?
all legal...but one of the various problems that cause the system to be clogged.
I am not debating it whether it can happen at all or not, whether its right or wrong. I should have worded it better in my previous post. It can happen, but not many who are already in the US do this. If it were equally rampant like the labor substitution, EB1 cannot be current for long time. While some one can go this route, they are paying a significant amount of Salary (possibly Spouse's salary as well), Family upheaval for an year and many other things as a premium. Not all people have the chance to do so and can afford to do so, if they have a chance. We are not seeing any clogs in EB1. Are we?
pappu
06-10 12:28 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)).
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)).
StuckInTheMuck
07-28 12:38 PM
Okay, from wine shop to religion to law to constitution, what next :)
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
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