saroj76
07-28 03:38 PM
Lord Ganesha picture on the India Pale Ale is a warning symbol. It means that if you drink too much beer, do not exercise, and use mouse as your vehicle then your belly will be as big as Lord Ganesha's belly LOL
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
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DesiGuy
09-10 11:08 AM
thanks for the updates guys.
mods/admin, can you pls allow chat access at least for the duration of this hearing...will be appreciated. thnks
mods/admin, can you pls allow chat access at least for the duration of this hearing...will be appreciated. thnks

GreenLantern
03-15 12:30 PM
A robot would be cool. I would do that.
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quizzer
04-08 04:19 PM
I look at this bill in a different perspective:
1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
Thanks
1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
Thanks
more...
amitjoey
01-18 12:32 PM
http://www..com/discussion-forums/dallas-backlog/1171607/#post-6787022
This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.
Just opinions.
Thanks
Every time you stand out of the crowds, you will have to bear rotten eggs and tomatoes. This is no different. Anytime you do the right thing, there will be critics. Remember all of the people out there (Anti-Immigrants) who do not want IV to succeed.
This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.
Just opinions.
Thanks
Every time you stand out of the crowds, you will have to bear rotten eggs and tomatoes. This is no different. Anytime you do the right thing, there will be critics. Remember all of the people out there (Anti-Immigrants) who do not want IV to succeed.

spicy_guy
07-27 05:29 PM
Guys (and guns),
Need a suggestion on finding a job!
My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.
She would like to start as a fresher / jr in IT though she has little experience.
When I asked a couple of guys, they suggested to approach Desi consulting companies.
From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.
I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.
So what do you guys suggest?
Approaching Desi co is a good idea? or try for a full time employment with some US cos?
I was told that Desi cos know tricks of the trade. Not sure how true this is.
Or US consulting companies?
(I don't see so many job openings for freshers / juniors. Very very limited.)
Need a suggestion on finding a job!
My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.
She would like to start as a fresher / jr in IT though she has little experience.
When I asked a couple of guys, they suggested to approach Desi consulting companies.
From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.
I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.
So what do you guys suggest?
Approaching Desi co is a good idea? or try for a full time employment with some US cos?
I was told that Desi cos know tricks of the trade. Not sure how true this is.
Or US consulting companies?
(I don't see so many job openings for freshers / juniors. Very very limited.)
more...
hpandey
03-12 09:00 AM
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
Just because you don't know what IV is doing and how much trouble these guys go through with meetings with lawmakers and USCIS and DOS and that too WITHOUT ANY DONATIONS. Can't you see the line on the top of the page - ZERO contributions this month. And last month - 25$.
These guys spend their valuable time advocating our cause and you say SHAME ON YOU.
Search your soul and you will find who really should be ashamed. I am proud of the IV CORE and although I have not contributed my time but at least contributed monetarily .
You guys want everything if you donate . I donate knowing fully well that a few thousand dollars in donations will not make the US Congress Pass a bill giving GC to all and eliminating the backlog.
I donate so that WE IMMIGRANTS have a VOICE and a PLATFORM so that someone will listen to us at least. Whether they act or not on it depends on them. We can't force anyone to pass a bill. The powers against us are very strong and they have millions of dollars.
I wonder who should really be ashamed - IV CORE who works hard for us without money or you who does nothing but type on his keyboard sitting on a chair !
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
Just because you don't know what IV is doing and how much trouble these guys go through with meetings with lawmakers and USCIS and DOS and that too WITHOUT ANY DONATIONS. Can't you see the line on the top of the page - ZERO contributions this month. And last month - 25$.
These guys spend their valuable time advocating our cause and you say SHAME ON YOU.
Search your soul and you will find who really should be ashamed. I am proud of the IV CORE and although I have not contributed my time but at least contributed monetarily .
You guys want everything if you donate . I donate knowing fully well that a few thousand dollars in donations will not make the US Congress Pass a bill giving GC to all and eliminating the backlog.
I donate so that WE IMMIGRANTS have a VOICE and a PLATFORM so that someone will listen to us at least. Whether they act or not on it depends on them. We can't force anyone to pass a bill. The powers against us are very strong and they have millions of dollars.
I wonder who should really be ashamed - IV CORE who works hard for us without money or you who does nothing but type on his keyboard sitting on a chair !
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lotsofspace
02-14 12:38 AM
Dear friends,
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
Wow , Talk about conspiracy theories. :)
Just relax. we are fighting here because we all know nothing positive is going to happen for a while and dying to find some thing to post :):)
Just the compulsion to visit this site and post...........
I am sure ROW don't hate ICMP folks and vice versa. we are all together in the fight (If I may call it). We can argue all day long and that quota is not being removed any time soon. So all of you guys relax. And certainly no conspiracy theories.
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
Wow , Talk about conspiracy theories. :)
Just relax. we are fighting here because we all know nothing positive is going to happen for a while and dying to find some thing to post :):)
Just the compulsion to visit this site and post...........
I am sure ROW don't hate ICMP folks and vice versa. we are all together in the fight (If I may call it). We can argue all day long and that quota is not being removed any time soon. So all of you guys relax. And certainly no conspiracy theories.
more...
varshadas
02-09 08:26 PM
Yes, I will send in the details for the telcon shortly
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ajthakur
07-14 06:52 PM
I dont remember any LUD on 140 after it was approved. I didnt pay attention to it. I just know now there is a LUD for 7/13/2008.
7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?
if there was a LUD, this is a high possibility that your previous employer revoked I-140.
This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.
7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?
if there was a LUD, this is a high possibility that your previous employer revoked I-140.
This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.
more...

a_yaja
06-25 02:02 PM
Gurus,
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
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eastindia
08-11 02:57 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
See their board and IV name is in it
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
See their board and IV name is in it
more...
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snowshoe
05-08 09:54 PM
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
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sodh
07-23 03:27 PM
Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.
Pappu is right your Lawyer is fooling you.
Pappu is right your Lawyer is fooling you.
more...
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pmb76
09-05 03:57 PM
reliable and consultants :) an oxymoron. Why do you want to get blood sucked out of your body ?
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va_labor2002
07-24 09:34 AM
Any comments from Core team about this thread ?
more...
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snathan
03-11 09:19 PM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
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yasimk
06-20 05:26 PM
Hi,
I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.
So my questions are
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.
2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?
Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?
Please advise.
Regards
~~~~~Y
I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.
So my questions are
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.
2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?
Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?
Please advise.
Regards
~~~~~Y
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nat23
06-12 03:01 PM
I think the whole discussion can be summed up in the following manner: The CIR in its present form does more harm to us than good. If we can manage to get a favourable amendment attached then we are in good shape else we are in trouble.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
sweet_jungle
10-25 06:22 PM
no comments on the above ?? I do support the FOIA .but when you think about it ..what is the point in knowing that our GC's are 3-4 years away ...we should also focus on something getting passed during lame duck session ..at the very least we should be prepared for something incase it is suddenly announced that there will be lame duck session after elections ...any thoughts ??
Can somebody re-post the link for downloading the form I need to fax?
Can somebody re-post the link for downloading the form I need to fax?
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?