mittal_ravi
09-23 08:01 PM
I am Aug 1st filer ( Nebraska) and still waiting on check encashment or any kind of response.
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vallabhu
01-14 12:22 PM
The source is Immigration-law.com
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
Canadian_Dream
08-24 04:36 PM
Name: Canadian_Dream
City/Area:
Question:
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.
Thanks,
Canadian_Dream
City/Area:
Question:
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.
Thanks,
Canadian_Dream
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unseenguy
11-30 10:36 PM
Thanks for the comment!
I've done the entire process on my own untill today. I also did not have any lawyers involved in any of the misdemeanors. I do have documentation of all the cases. All cases are closed and I'm just paying the fines and have to put up with the probation. I spoke to a lawyer (first time I met with him) today and he advise me to pay him $600 to accompany me to the interview.
Any take on the lawyer's advice? Or can I take the challenge on my own?
Better to take a lawyer with you. He knows immigration law better than you do. At the most you stand to lose 600 bucks that way.
I've done the entire process on my own untill today. I also did not have any lawyers involved in any of the misdemeanors. I do have documentation of all the cases. All cases are closed and I'm just paying the fines and have to put up with the probation. I spoke to a lawyer (first time I met with him) today and he advise me to pay him $600 to accompany me to the interview.
Any take on the lawyer's advice? Or can I take the challenge on my own?
Better to take a lawyer with you. He knows immigration law better than you do. At the most you stand to lose 600 bucks that way.
more...
javadeveloper
11-24 02:03 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.
Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.
binadh
03-05 02:27 PM
You can stand in the Home Depot parking lot with a jumpsuit and a bandana if you want to make some Hard Earned money............If not, stop asking stupid questions in this forum. You should know that when you get your freaking H4 visa.
Is there anything i can do on H4 visa??
Is there anything i can do on H4 visa??
more...
GCard_Dream
01-04 04:02 PM
On the homepage, just click on "Forum". At the end of that page you'll be able to see all the details.
Is there a place the membership number is shown?
Is there a place the membership number is shown?
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little_willy
10-04 01:20 PM
Thanks for the link
more...
Macaca
02-08 09:53 AM
What is the motivation for Microsft/Intel to lobby for H1 quota increase if they can use L1? Is L1B quota also getting used? thanks.
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Leo07
05-20 05:06 PM
Bump^^^^^^^^^^^^^^^^^^^
how many in this forum are yet to file aos?
how many in this forum are yet to file aos?
more...
AllVNeedGcPc
12-07 10:28 PM
... one on the cover letter of LC approval on top left, with job code and other details
and other, on first page of original LC, bottom left, on the oval blue ink stamp that they put along with PD, LC officers signature and job code
and other, on first page of original LC, bottom left, on the oval blue ink stamp that they put along with PD, LC officers signature and job code
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Redeye
04-21 03:32 PM
You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
more...
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bongopondit
07-27 12:53 AM
You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.
Hi edaltsis,
can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.
Hi bluez25
As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.
Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:
"Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."
Hi edaltsis,
can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.
Hi bluez25
As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.
Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:
"Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."
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sparklinks
06-16 09:55 PM
In my case they made 4-5 attempts before it was delivered...
To whom they tried to deliver....basically its PO box..no signature required for PO boxes.
To whom they tried to deliver....basically its PO box..no signature required for PO boxes.
more...
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Administrator2
07-07 08:05 PM
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
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vxb2004
07-27 10:20 AM
I am in the same position too. A couple of days back I talked to my lawyer and she told me its ok and that she has never heard of anyone's case being rejected or getting a RFE jus because they dint write their name in the native language.
One of friend's lawyer also said its not a big deal and if u r from India the USCIS wont bother abt it(dunno how true this is!)
All,
I sent out my application to USCIS last week and while talking to a friend I realized that I had not filled the Item
"If your native alphabet is in other than Roman letters, write your name in your native alphabet below:"
I neither filled it with my native alphabet nor filled it with a "N/A" Even my lawyer has not detected this.
Is this going to be an issue? What will the USCIS do about it? Since I still have time does it make sense to send a revised form? Is some one out there who have done this?
Please let me know
Thanks
-Sri
One of friend's lawyer also said its not a big deal and if u r from India the USCIS wont bother abt it(dunno how true this is!)
All,
I sent out my application to USCIS last week and while talking to a friend I realized that I had not filled the Item
"If your native alphabet is in other than Roman letters, write your name in your native alphabet below:"
I neither filled it with my native alphabet nor filled it with a "N/A" Even my lawyer has not detected this.
Is this going to be an issue? What will the USCIS do about it? Since I still have time does it make sense to send a revised form? Is some one out there who have done this?
Please let me know
Thanks
-Sri
more...
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gcsomeday
04-02 05:04 PM
Others, please correct me if I am wrong.
I think you need labor from current employer and an I140.
You can not port your PD to a different employer based on just an existing labor.
You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.
If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.
Most importantly talk to a lawyer rather than depending on people here.
Good luck.
I think you need labor from current employer and an I140.
You can not port your PD to a different employer based on just an existing labor.
You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.
If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.
Most importantly talk to a lawyer rather than depending on people here.
Good luck.
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GCwaitforever
03-24 02:32 PM
Nope. Unless it has some Technology concentration.
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gconmymind
04-17 04:39 PM
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
My gut feeling (not based on any facts) is you should be ok to go back on H1. Please consult an attorney though...
My gut feeling (not based on any facts) is you should be ok to go back on H1. Please consult an attorney though...
apahilaj
09-18 06:36 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Reading on this forum, it doesn't seem so.
Please let me know...
Reading on this forum, it doesn't seem so.
chanduv23
03-31 01:55 PM
I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.
The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.
You are so close to GC - why take risks?
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.
The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.
You are so close to GC - why take risks?
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.