Thursday, June 23, 2011

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  • indian111
    08-14 11:04 AM
    E-filed on May 22 ,
    Fp done June 17,
    LUD on 07/22
    No updates so far .

    My current EAD expires on sep 17 and I already received a letter from my employe abt the new EAD card submisison to continue employmnet .
    Did anyone try writing to senators or congreesmen for EAD approval delay ??





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  • purplehazea
    05-24 04:03 PM
    1) AC21 is used for H1B Transfer AND
    2) AC21 is use for EAD (485 phase) Job change

    This bill is addressing number 1 above NOT number 2. The above scenarios reflect the current system not the future merit based or whatever else. I am assuming a case where an applicant continues under the old system.

    If anyone disagrees please substantiate.





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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.





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  • aadimanav
    07-15 05:41 PM
    A big bump with small push. :)



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  • va_12_2004
    06-29 07:14 AM
    Hi:
    Lot of people get stuck in the name check in AOS, and many of them wait for at least 6 months. I am wondering if someone may get stuck in namcecheck and may have to wait for months in home country while doing cp?
    Thanks





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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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  • maximus777
    06-29 04:04 PM
    Publicity stunt before the elections ?

    Absolutely!!





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  • ashishgour
    05-28 05:29 PM
    2. Senate Judiciary Committee to Hold a Hearing on the Uniting American Families Act(**)



    The hearing is scheduled for next wednesday..

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3876



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  • abhijitp
    03-10 02:12 PM
    Interesting experiment, and I can see that is how human beings respond sometimes.

    However we are guaranteed something in return when we TRY to do what we believe in, regardless of the odds as we see them: the satisfaction of DOING something about it, and a real shot at getting what we want.

    Easy to try it. Pick anything, literally anything about your life you want to change (from changing your job to losing weight to calling up your parents more frequently).

    Then WITHOUT THE FEAR OF FAILURE, do something about it. It will either work out, which will be terrific. Or it won't... maybe you don't success at that job interview after all, or you still put on weight. Even then, the satisfaction that comes from having TRIED is yours to keep! (Personally, I have found this to be more motivating for trying those things again, as opposed to the hopelessness that results from not trying and then seeing things not improve.) And of course, since failure is only one of two possibilities that there can be, you do succeed 50% of the times that you try honestly!

    In case of IV's efforts including the upcoming Advocacy Day, that is exactly how I feel.

    Freakonomics and IV participation by EB3IFreakonomics

    The guys from Freakonomics did an experiment in a Chicago school. They said they will give $50 to all students who will get a B or higher in all their subjects. After some time they have found out that students who were getting a grade in the vicinity of B earlier have improved their grades to B level. But the students who were already well below B, actually went down in the grading; from D to E for example. You can google for the details.

    In the GC saga, what we need is a B grade or above.
    EB3 Mexico already has a C grade, hence he tries hard to improve himself to a B grade.
    EB3I is in D grade. We more or less feel that trying hard is a waste of our time. If we try hard, we might get a C grade (means EB2I folks will get GCs :( :( ). The end result is that we go from D to E. That is what you are really seeing.

    PS: despite the above generalization, I am planning to participate in the advocacy days in DC and I have already contributed to the efforts. Because human beings defy logic and what is natural to other life forms on earth.





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  • dixie
    08-01 11:06 AM
    People with grown up kids, I guess would prefer Canada over India. There are many problems starting with the education system, reservations etc. For kids who had been studying here from KG through grade 8-9 it's difficult to get dragged in the rat race in India, especially for normal kids who don't belong to any reservation category.

    Yes in Canada we know that finding a job is going to be difficult and we should brain-storm about how to tackle this problem?
    What skillsets are in demand? Anybody has idea?

    I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.

    I think the said "outsourcing" is already happening to a limited degree .. in fact many IT jobs in Canada are nothing but canadian offices of US firms. But it is never going to reach the extent of India or China, mainly because the savings in terms of cost are not as big.

    The biggest problem I find with the canadian job market is limited demand for highly specialized IT skills .. so finding any job will not be a problem; but finding one commensurate with your qualifications and experience will be hard.Secondly, there are fewer tech centers than the US .. so one cannot afford to be too fussy about location etc. As far as I know, only Toronto and surrounding areas in Ontario would qualify as a "tech hub" in the US sense.



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  • sriramkalyan
    05-13 03:31 PM
    Here is the Website ..
    http://www.immigration.sa.gov.au/site/index.php

    Southern Australia Sponsorship for Permanent Residency .

    No point in analyzing EB3 injustice.

    Go and apply for Australia.

    Or Alberta in Canada wants H1b S ..

    USA, USCIS .. they not going change ..





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  • saurav_4096
    06-19 10:41 AM
    See above in Blue.

    Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.

    Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
    [/COLOR]

    How does AC-21 will come into play if one files I-485 from previous employer. Previous empoyer will give letter that employment will start by the time GC is issued.
    At the time I-485 is filed, I am working with new employer. Is it mandatory to join the previous employer at least for 180 days.



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  • ardnahc
    08-10 11:28 PM
    if the bulletin is true then F2A India moved ahead by 10 months.





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  • u.misc
    08-11 01:09 AM
    I don't believe that this is for real but i am really impressed with the hacker.
    He did one heck of the job and made people run on their heels and

    thanks to people on this forum he succeed 100%.



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  • gconmymind
    07-31 01:08 AM
    Forget September, can any member say with confidence that dates for October will move forward at least 3 years for each category compared to August Bulletin?:rolleyes:

    I can say with confidence that dates for October WILL NOT move forward 3 years for ANY category compared to August Bulletin.

    We will be lucky to see 1+ year movement for EB-2/3 India/China. My 2 cents..





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  • cjagtap
    07-23 08:31 AM
    I called service center..those who have applied to TSC ,they kept all the applications on hold which came on 2 nd July and started to put them into their systems from July 20th ,so just hope to see your check getting cashed by this or next wk...



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  • chanduv23
    07-09 11:40 AM
    Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.

    It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.

    AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.

    Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.


    That is right. I am in same boat. My previous employer says - "if you want to come back to the company, we can start the GC process new and fresh for you, but if you are not on our payroll, we will have to withdraw the 140 because we do not want to get into ability to pay issue"

    My only concern is AC21 letters not getting into your file and USCIS issuing a NOID or a denial.





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  • forever
    07-23 05:28 PM
    Will CIS generate the Receipt notice first before transfering the application to the appropriate service center. ( like transfering the application from NSC -> TSC when the I-140 was approved at TSC but filed at NSC)

    They will not generate notices before transfering. Receipt notice number depends on the centre processing your application.





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  • Munshi75
    05-01 07:21 PM
    yeah it is frustrating, still people hang on to it, me too. There could be a meaning to it ! food for thought.





    Winner
    04-02 04:49 PM
    Dude, i dunno about this...

    But this guy was correct for the last month about the retrogression about EB3-ROW....

    BR

    Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'

    Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)





    gg_ny
    03-19 08:27 AM
    people can be so dumb...
    it is better to wait for PD to become current than to convince some people (who seem to own houses-and hence are bent on opposing--wake up guys ..real estate is dead )

    At last.. you got this self-realization. I have been trying to tell this in a more polished way ever since this thread was started