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coolmanasip
03-07 09:41 AM
see the responses......
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
wallpaper enjamin millepied.
drirshad
06-30 08:38 PM
It has never happened in the history that they revised any visa bulletin, just hope for the best & pray .......
cyberstar79
03-09 12:37 PM
Disappointing.
2011 Benjamin Millepied and Vincent
rajuram
11-10 10:34 PM
We have no more excuses now.
1. Elections are over. So all arguments like "wait till the elections are over" do not apply.
2. We have a pro immigration president now.
3. Democrats are incharge of the house and the senate.
This is a good time to act. What is IV waiting for...
Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)
1. Elections are over. So all arguments like "wait till the elections are over" do not apply.
2. We have a pro immigration president now.
3. Democrats are incharge of the house and the senate.
This is a good time to act. What is IV waiting for...
Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)
more...
Deaddocus
03-15 07:57 AM
Modern knights, :D *ducks*
alisa
01-28 11:13 AM
Guys......
Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.
Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.
Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.
Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.
Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
more...
seahawks
10-26 09:58 PM
bump, action item, please notarize and mail. Please keep this thread active!
2010 face: Benjamin Millepied.
greyhair
02-12 02:16 PM
hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
Please let me clarify. This is not a question of ambiguity in the meaning of the message. Its crystal clear. One immigration body shop said that 13K visas are wasted by USCIS. It has been proven with facts that the statement made by immigration body shop is factually incorrect. Its not the first time. But you continue to ask others to look for proof of USCIS wasting visa numbers even after looking at the data. I am totally perplexed by the obsession with immigration body shop when repeatedly similar inflaming messages have been discredited in the public arena. :confused: When is enough, enough.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
Please let me clarify. This is not a question of ambiguity in the meaning of the message. Its crystal clear. One immigration body shop said that 13K visas are wasted by USCIS. It has been proven with facts that the statement made by immigration body shop is factually incorrect. Its not the first time. But you continue to ask others to look for proof of USCIS wasting visa numbers even after looking at the data. I am totally perplexed by the obsession with immigration body shop when repeatedly similar inflaming messages have been discredited in the public arena. :confused: When is enough, enough.
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gcgonewild
06-11 03:22 PM
Sent to NJ Lawmakers
hair enjamin millepied leave a
Imigrait
01-30 02:46 PM
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
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kouhsik69
03-09 01:20 PM
Rao Baba is in hibernate mode.............::D....
Good Bulletin keep it up......INS:mad:
dask_1
EB3-I
PD Jan 2002
Good Bulletin keep it up......INS:mad:
dask_1
EB3-I
PD Jan 2002
hot Benjamin+millepied+ysl
Gate_jj
05-07 09:56 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
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vin13
11-13 09:29 AM
If you do not have the time to meet the lawmakers or their aides, call them over the phone explain the situation and email the letter.
If 100s' of us try and 1 succeeds, we all succeed.
If 100s' of us try and 1 succeeds, we all succeed.
tattoo Benjamin Millepied
sidbee
05-26 06:04 PM
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
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abd
09-17 11:20 AM
Anyone received RFE letter? I've not received it yet.
In my case only attorney received in 5 days of RFE. I never got copy.
In my case only attorney received in 5 days of RFE. I never got copy.
dresses Benjamin+millepied+wiki
pointlesswait
11-13 11:48 AM
when was the last time you won a legal battel in 2 weeks/months/years time?
By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)
BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.
I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....
some of these short term policies can be:
a.) simultaneous filing of 140/485...
b.) 5 yr ead..without restrictions.
c.) add to the list..
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)
BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.
I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....
some of these short term policies can be:
a.) simultaneous filing of 140/485...
b.) 5 yr ead..without restrictions.
c.) add to the list..
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
more...
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logiclife
02-17 04:47 PM
Immigration Voice is a volunteer organization. It has been assured several times here on this thread that it is a part of "transparency" issue on IV goals as mentioned in the Brochure. Transparency includes everything. Including name-check process.
Its a sub-item and not a main item because it is ONE OF THE SEVERAL administrative issues facing us.
However, if people feel that this issue is not receiving enough attention, then there are few things to do besides posting here in this thread (posting is welcome):
1. Call the phone number and speak to a volunteer. You will be connected to someone who is admin/founder of this organization. The phone number is under "Contact Us" menu.
2. Go to resources menu and find out how to contact your lawmaker. See if you can find an appointment and apprise them of the issue. Although there is no legislative solution to this problem and it remains an enforcement/administrative issue, the basic feature of the government includes the congressional oversight on the executive(DOS, FBI, USCIS etc in this case).
3. Ask your lawyer to file a lawsuit against the FBI for causing you irreparable damage due to mental agony, loss of pay due to missed promotions, job opportunities etc.
4. Call your local media or national media and tell them the our dear FBI takes 36 months to check if a permenant residency applicant is a terrorist/criminal/shop-lifter/DUI/DWI etc or not while that applicant is free to work on provisional work-permit called EAD issued by USCIS. Two things: if there is nothing wrong with the guy, he suffers long wait for his greencard. If he is a criminal, he works and enjoys the American dream on his EAD instead of being deported.
5. Send letters to Department of Justice (top levels) since FBI I think falls under Department of Justice.
--logiclife.
Its a sub-item and not a main item because it is ONE OF THE SEVERAL administrative issues facing us.
However, if people feel that this issue is not receiving enough attention, then there are few things to do besides posting here in this thread (posting is welcome):
1. Call the phone number and speak to a volunteer. You will be connected to someone who is admin/founder of this organization. The phone number is under "Contact Us" menu.
2. Go to resources menu and find out how to contact your lawmaker. See if you can find an appointment and apprise them of the issue. Although there is no legislative solution to this problem and it remains an enforcement/administrative issue, the basic feature of the government includes the congressional oversight on the executive(DOS, FBI, USCIS etc in this case).
3. Ask your lawyer to file a lawsuit against the FBI for causing you irreparable damage due to mental agony, loss of pay due to missed promotions, job opportunities etc.
4. Call your local media or national media and tell them the our dear FBI takes 36 months to check if a permenant residency applicant is a terrorist/criminal/shop-lifter/DUI/DWI etc or not while that applicant is free to work on provisional work-permit called EAD issued by USCIS. Two things: if there is nothing wrong with the guy, he suffers long wait for his greencard. If he is a criminal, he works and enjoys the American dream on his EAD instead of being deported.
5. Send letters to Department of Justice (top levels) since FBI I think falls under Department of Justice.
--logiclife.
girlfriend Benjamin Millepied#39;s DANSES
javadeveloper
12-12 04:09 PM
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category.
Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.
They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1
My 2C
Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.
They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1
My 2C
hairstyles Benjamin Millepied Natalie
dressking
09-28 05:13 PM
What irked me is the attitude that they will take your money gladly but don't want you there.
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
WAIT_FOR_EVER_GC
06-10 12:50 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)).
What should we do. I am in tell me what I need to do?
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)).
What should we do. I am in tell me what I need to do?
ItIsNotFunny
03-10 04:22 PM
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183
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