waitingnwaiting
05-31 08:23 AM
Mr. SENSENBRENNER (for himself and Mr. POLIS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide relief for the shortage of nurses in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Emergency Nursing Supply Relief Act’.
SEC. 2. NURSING SHORTAGE RELIEF.
(a) Increasing Visa Numbers- Section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended by adding at the end the following:
‘(e) Visa Shortage Relief for Nurses-
‘(1) IN GENERAL- Subject to paragraph (2), for petitions filed any time prior to September 30, 2014, for employment-based immigrants (and their family members accompanying or following to join under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))), which are or have been approved based on Schedule A, Group I as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor, the numerical limitations set forth in sections 201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) shall not apply.
‘(2) LIMITATION ON NUMBER OF VISAS- The Secretary of State may not issue more than 20,000 immigrant visa numbers in any one fiscal year (plus any available visa numbers under this paragraph not used during the preceding fiscal year) to principal beneficiaries of petitions pursuant to paragraph (1).
‘(3) EXPEDITED REVIEW- The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in paragraph (1) not later than 30 days after the date on which a completed petition has been filed.
‘(f) Fee for Use of Visas Under Subsection (a)-
‘(1) IN GENERAL- The Secretary of Homeland Security shall impose a fee upon each petitioning employer who uses a visa provided under subsection (e) to provide employment for an alien as a professional nurse, except that--
‘(A) such fee shall be in the amount of $1,500 for each such alien nurse (but not for dependents accompanying or following to join who are not professional nurses); and
‘(B) no fee shall be imposed for the use of such visas if the employer demonstrates to the Secretary that--
‘(i) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or
‘(ii) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e).
‘(2) FEE COLLECTION- A fee imposed by the Secretary of Homeland Security pursuant to paragraph (1) shall be collected by the Secretary as a condition of approval of an application for adjustment of status by the beneficiary of a petition or by the Secretary of State as a condition of issuance of a visa to such beneficiary.’.
(b) Capitation Grants To Increase the Number of Nursing Faculty and Students; Domestic Nursing Enhancement Account- Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following:
‘SEC. 832. CAPITATION GRANTS.
‘(a) In General- For the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section.
‘(b) Purpose- A funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.
‘(c) Grant Computation-
‘(1) AMOUNT PER STUDENT- Subject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following:
‘(A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program in nursing that--
‘(i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and
‘(ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area.
‘(B) $1,405 for each full-time or part-time student who--
‘(i) is enrolled at the school in a program in nursing leading to a bachelor of science degree, a bachelor of nursing degree, a graduate degree in nursing if such program does not meet the requirements of subparagraph (A), or an equivalent degree; and
‘(ii) has not more than 3 years of academic credits remaining in the program.
‘(C) $966 for each full-time or part-time student who is enrolled at the school in a program in nursing leading to an associate degree in nursing or an equivalent degree.
‘(2) LIMITATION- In calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student--
‘(A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a master’s degree or an equivalent degree;
‘(B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a doctoral degree or an equivalent degree;
‘(C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or
‘(D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).
‘(d) Eligibility- In this section, the term ‘eligible school of nursing’ means a school of nursing that--
‘(1) is accredited by a nursing accrediting agency recognized by the Secretary of Education;
‘(2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 academic years preceding submission of the grant application; and
‘(3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 academic years preceding submission of the grant application.
‘(e) Requirements- The Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each academic year for which the grant is awarded, the school will comply with the following:
‘(1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent.
‘(2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent.
‘(3)(A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding academic year by 5 percent or 5 students, whichever is greater.
‘(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.
‘(C) With respect to any academic year, the Secretary may waive application of subparagraph (A) if--
‘(i) the physical facilities at the school involved limit the school from enrolling additional students; or
‘(ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding academic years.
‘(4) Not later than 1 year after receiving a grant under this section, the school will formulate and implement a plan to accomplish at least 2 of the following:
‘(A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months.
‘(B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology.
A BILL
To provide relief for the shortage of nurses in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Emergency Nursing Supply Relief Act’.
SEC. 2. NURSING SHORTAGE RELIEF.
(a) Increasing Visa Numbers- Section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended by adding at the end the following:
‘(e) Visa Shortage Relief for Nurses-
‘(1) IN GENERAL- Subject to paragraph (2), for petitions filed any time prior to September 30, 2014, for employment-based immigrants (and their family members accompanying or following to join under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))), which are or have been approved based on Schedule A, Group I as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor, the numerical limitations set forth in sections 201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) shall not apply.
‘(2) LIMITATION ON NUMBER OF VISAS- The Secretary of State may not issue more than 20,000 immigrant visa numbers in any one fiscal year (plus any available visa numbers under this paragraph not used during the preceding fiscal year) to principal beneficiaries of petitions pursuant to paragraph (1).
‘(3) EXPEDITED REVIEW- The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in paragraph (1) not later than 30 days after the date on which a completed petition has been filed.
‘(f) Fee for Use of Visas Under Subsection (a)-
‘(1) IN GENERAL- The Secretary of Homeland Security shall impose a fee upon each petitioning employer who uses a visa provided under subsection (e) to provide employment for an alien as a professional nurse, except that--
‘(A) such fee shall be in the amount of $1,500 for each such alien nurse (but not for dependents accompanying or following to join who are not professional nurses); and
‘(B) no fee shall be imposed for the use of such visas if the employer demonstrates to the Secretary that--
‘(i) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or
‘(ii) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e).
‘(2) FEE COLLECTION- A fee imposed by the Secretary of Homeland Security pursuant to paragraph (1) shall be collected by the Secretary as a condition of approval of an application for adjustment of status by the beneficiary of a petition or by the Secretary of State as a condition of issuance of a visa to such beneficiary.’.
(b) Capitation Grants To Increase the Number of Nursing Faculty and Students; Domestic Nursing Enhancement Account- Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following:
‘SEC. 832. CAPITATION GRANTS.
‘(a) In General- For the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section.
‘(b) Purpose- A funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.
‘(c) Grant Computation-
‘(1) AMOUNT PER STUDENT- Subject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following:
‘(A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program in nursing that--
‘(i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and
‘(ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area.
‘(B) $1,405 for each full-time or part-time student who--
‘(i) is enrolled at the school in a program in nursing leading to a bachelor of science degree, a bachelor of nursing degree, a graduate degree in nursing if such program does not meet the requirements of subparagraph (A), or an equivalent degree; and
‘(ii) has not more than 3 years of academic credits remaining in the program.
‘(C) $966 for each full-time or part-time student who is enrolled at the school in a program in nursing leading to an associate degree in nursing or an equivalent degree.
‘(2) LIMITATION- In calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student--
‘(A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a master’s degree or an equivalent degree;
‘(B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a doctoral degree or an equivalent degree;
‘(C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or
‘(D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).
‘(d) Eligibility- In this section, the term ‘eligible school of nursing’ means a school of nursing that--
‘(1) is accredited by a nursing accrediting agency recognized by the Secretary of Education;
‘(2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 academic years preceding submission of the grant application; and
‘(3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 academic years preceding submission of the grant application.
‘(e) Requirements- The Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each academic year for which the grant is awarded, the school will comply with the following:
‘(1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent.
‘(2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent.
‘(3)(A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding academic year by 5 percent or 5 students, whichever is greater.
‘(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.
‘(C) With respect to any academic year, the Secretary may waive application of subparagraph (A) if--
‘(i) the physical facilities at the school involved limit the school from enrolling additional students; or
‘(ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding academic years.
‘(4) Not later than 1 year after receiving a grant under this section, the school will formulate and implement a plan to accomplish at least 2 of the following:
‘(A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months.
‘(B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology.
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pt326bc
11-08 02:01 PM
good point. let's start doing it then...
just my opinion..but festive occasions bind us as a community and yes that includes Eid and Christmas and the Chinese new year.
Diwali celebrates the victory of good over evil, let's hope we can all bask soon in a festival of lights by getting some relief from retrogression....
actually...and this is just me nitpicking now...Diwali is technically a Hindu festival not an Indian festival (since 20% of Indians are not Hindu), so the complaint may be more accurate if you point to the religious aspect...
Of course it is widely celebrated in India...and the UK and going by the White house greetings and the huge melas ...in the US :-)
"Happy Diwali" to anybody on this forum who accepts the Hindu faith.
I don't think wishing Happy Diwali to fellows of a common faith qualifies as hate mongering; same as a Muslim wishing a fellow Muslim "Eid Mubarak" or a Christian wishing a fellow Chrisitian "Merry Christmas" does not qualify as hate mongering.
All said and done this is an open forum where potential immigrants to this country (where there is a long history of separation of state and religion) are free to express their opinion.
USA has certainly benefited from having different cultures live together side by side (within the realm of a common civil and criminal law). Suppression of cultures is more in tune with the ertswhile Soviet policy of suppression of various cultures (Georgian, Ukrainian, the list goes on); and we all know what happpened to Soviet Russia.
There is no reason potential legal immigrants of different faith should not open a new thread to wish people of fellow faith on commonly celebrated festivals. There is no great reason to pursue political correct speak to the degree where you would have to create a common greeting message if we want to wish "Happy Diwali" to fellow Hindus.
People of different faiths certainly have the freedom to post a similar message. After all the pool of potential legal immigrants is far and wide.
And I would certainly be happy for fellow Chinese, Muslims, Chrisitians, Buddhists, Jains, Sikhs, Native Americans, Mexicans, Portuegese, Spanish, Greeks, Albanians, Croats, Serbs, Basque, Irish, SriLankan, Bangladeshis, Eritreans, Ethiopians, Somalis, Germans, French, Bralizians, Colombian, Ecuadarean, Argentinians, Chilean, Haitians, West Indians (the list is incomplete mind you) when somebody from their community puts up a message wishing their fellows the arrival of a happy community event.
The voice of these communities is the "Voice" of "Immigration". It would be foolhardy to try to suppress this voice in favor of political correct speak.
We are all working toward the same goal (pursuit of happiness); denial of one's culture and simple traditions is not in tune with this pursuit.
Just my 2 cents.
Regards.
just my opinion..but festive occasions bind us as a community and yes that includes Eid and Christmas and the Chinese new year.
Diwali celebrates the victory of good over evil, let's hope we can all bask soon in a festival of lights by getting some relief from retrogression....
actually...and this is just me nitpicking now...Diwali is technically a Hindu festival not an Indian festival (since 20% of Indians are not Hindu), so the complaint may be more accurate if you point to the religious aspect...
Of course it is widely celebrated in India...and the UK and going by the White house greetings and the huge melas ...in the US :-)
"Happy Diwali" to anybody on this forum who accepts the Hindu faith.
I don't think wishing Happy Diwali to fellows of a common faith qualifies as hate mongering; same as a Muslim wishing a fellow Muslim "Eid Mubarak" or a Christian wishing a fellow Chrisitian "Merry Christmas" does not qualify as hate mongering.
All said and done this is an open forum where potential immigrants to this country (where there is a long history of separation of state and religion) are free to express their opinion.
USA has certainly benefited from having different cultures live together side by side (within the realm of a common civil and criminal law). Suppression of cultures is more in tune with the ertswhile Soviet policy of suppression of various cultures (Georgian, Ukrainian, the list goes on); and we all know what happpened to Soviet Russia.
There is no reason potential legal immigrants of different faith should not open a new thread to wish people of fellow faith on commonly celebrated festivals. There is no great reason to pursue political correct speak to the degree where you would have to create a common greeting message if we want to wish "Happy Diwali" to fellow Hindus.
People of different faiths certainly have the freedom to post a similar message. After all the pool of potential legal immigrants is far and wide.
And I would certainly be happy for fellow Chinese, Muslims, Chrisitians, Buddhists, Jains, Sikhs, Native Americans, Mexicans, Portuegese, Spanish, Greeks, Albanians, Croats, Serbs, Basque, Irish, SriLankan, Bangladeshis, Eritreans, Ethiopians, Somalis, Germans, French, Bralizians, Colombian, Ecuadarean, Argentinians, Chilean, Haitians, West Indians (the list is incomplete mind you) when somebody from their community puts up a message wishing their fellows the arrival of a happy community event.
The voice of these communities is the "Voice" of "Immigration". It would be foolhardy to try to suppress this voice in favor of political correct speak.
We are all working toward the same goal (pursuit of happiness); denial of one's culture and simple traditions is not in tune with this pursuit.
Just my 2 cents.
Regards.
.jpg "cute love quotes wallpapers.")
svn
04-05 12:44 PM
All,
The object of this thread is straightforward - it is to understand if you as a donor member will contribute more $ (or start contributing!) if you get more regular information updates (weekly?) from Core? I know there was a funding drive in March which led to us meeting the goal of $10,000 (and then some). However, while there has been a new goal of $10,000 created for April, we have made little progress towards that. As someone who contributed $100 the first time round in March, but haven't yet made a contribution towards the April funding drive, I can admit that one of the primary reasons for this is because there has been very limited information shared since then. While I COMPLETELY trust in the fact that the Core team is making every effort humanly possible to further our cause, I am also a member of the human race that by nature seeks information and looks for leadership to be more sharing about progress. I personally believe transparency is a key enabler not just to gaining participation and building momentum, but also to creating innovative solutions to problems by engaging more individuals in the process (borrowing this "leaf" from President's Obama's playbook will be highly beneficial to our casuse)
Let me clarify this is NOT an indication of lack of trust in Core NOR do I believe that there isn't a sincere effort being put in by a whole bunch of dedicated individuals. However, my suggestion is simply an idea to further the cause - would definitely like to hear how the rest of this immigration community feels!
Thanks for your participation in this poll.
Cheers
P.S: Just to be clear, I am referring to Regular Updates to DONORS i.e CONTRIBUTING MEMBERS
The object of this thread is straightforward - it is to understand if you as a donor member will contribute more $ (or start contributing!) if you get more regular information updates (weekly?) from Core? I know there was a funding drive in March which led to us meeting the goal of $10,000 (and then some). However, while there has been a new goal of $10,000 created for April, we have made little progress towards that. As someone who contributed $100 the first time round in March, but haven't yet made a contribution towards the April funding drive, I can admit that one of the primary reasons for this is because there has been very limited information shared since then. While I COMPLETELY trust in the fact that the Core team is making every effort humanly possible to further our cause, I am also a member of the human race that by nature seeks information and looks for leadership to be more sharing about progress. I personally believe transparency is a key enabler not just to gaining participation and building momentum, but also to creating innovative solutions to problems by engaging more individuals in the process (borrowing this "leaf" from President's Obama's playbook will be highly beneficial to our casuse)
Let me clarify this is NOT an indication of lack of trust in Core NOR do I believe that there isn't a sincere effort being put in by a whole bunch of dedicated individuals. However, my suggestion is simply an idea to further the cause - would definitely like to hear how the rest of this immigration community feels!
Thanks for your participation in this poll.
Cheers
P.S: Just to be clear, I am referring to Regular Updates to DONORS i.e CONTRIBUTING MEMBERS
2011 beautiful,cute,love,quotes
h1bmajdoor
10-07 07:15 PM
will be there.
more...
ragz4u
01-22 12:42 AM
Thanks for the contributions. They would go a long way in our fight against retrogression.
Could you also please spread the word around about immigrationvoice.org so that we may get additional members? If each one can just get one more member to join our fold, our census would double! There are 350,000 people affected by retrogression and about 500 members here. Definitely there are lots of people who haven't heard of us yet!
Could you also please spread the word around about immigrationvoice.org so that we may get additional members? If each one can just get one more member to join our fold, our census would double! There are 350,000 people affected by retrogression and about 500 members here. Definitely there are lots of people who haven't heard of us yet!
amitjoey
10-05 11:48 AM
We gave flowers. Now lets give 'em some brickbats -
1) feedback@wsj.com
2) newseditors@wsj.com
Let the E-mailathon begin
I agree, I was so upset when I read it... Thank you Logiclife for bringing that to our notice.
I just wrote an email to the editors with the email address provided by walking_dude. My email says this:
Dear Editor
You mention in an article dated today that "HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers". And in the same breath you say that "In a poll 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship." Do you know the difference between highly skilled legal immigrants and illegal immigrants?. Why do you have to imply that all highly skilled are illegal, infact 99.99% of highly skilled workers (Tech workers) came to the USA legally and continue to live legally. They are here at the behest of their employers.
So please correct your article to reflect that.
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
An Upset highly skilled worker
1) feedback@wsj.com
2) newseditors@wsj.com
Let the E-mailathon begin
I agree, I was so upset when I read it... Thank you Logiclife for bringing that to our notice.
I just wrote an email to the editors with the email address provided by walking_dude. My email says this:
Dear Editor
You mention in an article dated today that "HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers". And in the same breath you say that "In a poll 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship." Do you know the difference between highly skilled legal immigrants and illegal immigrants?. Why do you have to imply that all highly skilled are illegal, infact 99.99% of highly skilled workers (Tech workers) came to the USA legally and continue to live legally. They are here at the behest of their employers.
So please correct your article to reflect that.
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
An Upset highly skilled worker
more...
go_guy123
07-02 10:40 AM
I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
We cant say. Even Supreme Court works by voting where judges vote and majority wins.
In the past courts has said yes to "Affirmative action" and that it doesn't violate the
equality given by constitution.
Another option would be to challenge the interpretation of the law. Like unused visa capture whether wasted visa
should be counted.
Long back time spent outside US and on H4 visa used to we wasted. Not anymore. This has come about by challenging
the interpretation of the law.
Similar challenges are going on interpretation of the Child status protection act that was passed in 2002
We cant say. Even Supreme Court works by voting where judges vote and majority wins.
In the past courts has said yes to "Affirmative action" and that it doesn't violate the
equality given by constitution.
Another option would be to challenge the interpretation of the law. Like unused visa capture whether wasted visa
should be counted.
Long back time spent outside US and on H4 visa used to we wasted. Not anymore. This has come about by challenging
the interpretation of the law.
Similar challenges are going on interpretation of the Child status protection act that was passed in 2002
2010 cute love quotes wallpapers.
snathan
04-21 02:23 PM
Dear Friends,
Please stay together....we will get this permission.
If our parents stay in US, US economy will improved. We will be buying health insurance and food for them.
We will stop sending money to our native country. All money we earned will be spend here. We will be travelling more. Shopping more. etc.
This will help to improve US economy. I want to see US become super country like how it was when Bill Clinton was president.
We have a great present now. I was impressed by his speech about family value and raising kids together as family. I am sure, we will get help from him.
You know, How J2 visa holder got permission to work in US. A person fight for it and got it for many.
Don't bother about a negative persons comments here.
If we stay together, we will get this permission. Anyway, after you become citizen you got that permission. We can request gov to give permission to GC holders too.
Please call the White house and talk to President directly...May be we should be able to get this done by May 1st. Keep us updated.
Please stay together....we will get this permission.
If our parents stay in US, US economy will improved. We will be buying health insurance and food for them.
We will stop sending money to our native country. All money we earned will be spend here. We will be travelling more. Shopping more. etc.
This will help to improve US economy. I want to see US become super country like how it was when Bill Clinton was president.
We have a great present now. I was impressed by his speech about family value and raising kids together as family. I am sure, we will get help from him.
You know, How J2 visa holder got permission to work in US. A person fight for it and got it for many.
Don't bother about a negative persons comments here.
If we stay together, we will get this permission. Anyway, after you become citizen you got that permission. We can request gov to give permission to GC holders too.
Please call the White house and talk to President directly...May be we should be able to get this done by May 1st. Keep us updated.
more...
nixstor
07-14 11:54 AM
While some members might have jumped too hard on the whole thing, Some stuff goes unanswered.
1) Why has not USINPAC endorsed IV all this while on their website? Does not USINPAC know any thing about IV?
2) While I understand the importance of fund raisers for politicians, why USINPAC has not involved US citizens of American origin to contribute to the cause? What about grass roots efforts?
3) I dont have the exact statistics, but I am positive that every one out of 2/3 Indians living in the US is plagued by this problem of GC. How come Orgs like USINPAC are not pushing this by all means?
Forget the media mishap and the outrage of some members, if USINPAC really considers Immigration of Highly skilled Indians, they should be doing some thing. I personally am neither defending the outrage of some members nor appreciating it, but most of the Indian American citizen community does not want to be in sync with the plight of Indians immigrating to US.There are various reasons. Most important one as I have seen, Many in the Indian American citizen / Indian Permanent Resident community run consulting companies and they would hate to see these guys slip away from their hands by getting GC's. Fcuk, its like the damn door closes right behind you. I am positive most of those shops will come down to earth if Indian citzens start getting their GC's. May be its time, the Indian American Citizens/ Indian PR's ask themselves, what they really want. I have been to some Indian regional association meetings and the big guys or folks from my generation ahead would love to see their kids get married to an Indian or would love to see their kids grow with the rich heritage, but damn it, they just want it to happen with out doing any thing.
1) Why has not USINPAC endorsed IV all this while on their website? Does not USINPAC know any thing about IV?
2) While I understand the importance of fund raisers for politicians, why USINPAC has not involved US citizens of American origin to contribute to the cause? What about grass roots efforts?
3) I dont have the exact statistics, but I am positive that every one out of 2/3 Indians living in the US is plagued by this problem of GC. How come Orgs like USINPAC are not pushing this by all means?
Forget the media mishap and the outrage of some members, if USINPAC really considers Immigration of Highly skilled Indians, they should be doing some thing. I personally am neither defending the outrage of some members nor appreciating it, but most of the Indian American citizen community does not want to be in sync with the plight of Indians immigrating to US.There are various reasons. Most important one as I have seen, Many in the Indian American citizen / Indian Permanent Resident community run consulting companies and they would hate to see these guys slip away from their hands by getting GC's. Fcuk, its like the damn door closes right behind you. I am positive most of those shops will come down to earth if Indian citzens start getting their GC's. May be its time, the Indian American Citizens/ Indian PR's ask themselves, what they really want. I have been to some Indian regional association meetings and the big guys or folks from my generation ahead would love to see their kids get married to an Indian or would love to see their kids grow with the rich heritage, but damn it, they just want it to happen with out doing any thing.
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logiclife
01-12 01:32 PM
You can send a paper check in mail, the address is on the "Why Contribute?" link on the home page.
If you want to send an e-check, then paypal has that facility.
Also, if you want to talk to someone before you send the check so that you can feel comfortable, then feel free to call us. The phone number is listed on "Contact Us" menu.
--logiclife.
If you want to send an e-check, then paypal has that facility.
Also, if you want to talk to someone before you send the check so that you can feel comfortable, then feel free to call us. The phone number is listed on "Contact Us" menu.
--logiclife.
more...
nlssubbu
08-23 05:43 PM
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
For the past so many years of observing various forums and information, I did not come across the situation of pre-approval process except this time. I am sure that they will be doing various background checks to make the application ready for approval. It is not mentioned any where that how the pre-approval process is different from background checks? Are they the same or different? What processes are done during approval? I do not have any idea and hence I would like to keep the various checks and approval process separate.
If you say 'pre-approval' is to complete all the checks required the case of approval, then why they issue a notification regarding a 'pre-approval' in visa bulletine?
I hope someone will provide some information regarding these clarifications.
Thanks
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
For the past so many years of observing various forums and information, I did not come across the situation of pre-approval process except this time. I am sure that they will be doing various background checks to make the application ready for approval. It is not mentioned any where that how the pre-approval process is different from background checks? Are they the same or different? What processes are done during approval? I do not have any idea and hence I would like to keep the various checks and approval process separate.
If you say 'pre-approval' is to complete all the checks required the case of approval, then why they issue a notification regarding a 'pre-approval' in visa bulletine?
I hope someone will provide some information regarding these clarifications.
Thanks
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hmehta
08-15 09:57 AM
I would stay at least 6 months with employer after getting a GC, unless ofcourse demanded by circumstances!
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
more...
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vivid_bharti
07-02 10:34 AM
I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.
Besides this it needs a law change.
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.
Besides this it needs a law change.
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angelfire76
01-15 02:26 PM
Is it to learn something like this
http://www.youtube.com/watch?v=07jnqD8wvyE&feature=related
Once a finger breaks the fight's all out of even the most coked up thug. Of course if there are more than 1...give your wallet and start praying that you don't catch a slug.
It's inevitable with so much unemployment there will be a rise in crime. Best thing to do is to install car security alarms, be wary of strangers and stay away from shady places. Of course can't help if you live in the deep south or the crime ridden NJ area. You are unfortunately a victim of your richer brethren of the same color who like to display wealth in their Mercs/Bimmers/Lexuses and who's women look like jewelry store mannequins (minus the stats of course :p) Sad story, can happen to anybody, anywhere
http://www.youtube.com/watch?v=07jnqD8wvyE&feature=related
Once a finger breaks the fight's all out of even the most coked up thug. Of course if there are more than 1...give your wallet and start praying that you don't catch a slug.
It's inevitable with so much unemployment there will be a rise in crime. Best thing to do is to install car security alarms, be wary of strangers and stay away from shady places. Of course can't help if you live in the deep south or the crime ridden NJ area. You are unfortunately a victim of your richer brethren of the same color who like to display wealth in their Mercs/Bimmers/Lexuses and who's women look like jewelry store mannequins (minus the stats of course :p) Sad story, can happen to anybody, anywhere
more...
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gc_check
05-31 09:03 AM
Health Care professionals have greater lobby power and resource and are backed by their Industry as well. Well, this does not translate directly into any benefit for EB3, but might help few nurse get off the queue. But demand in this sector is also high.
General EB3 !!! seems to be in a pathetic state at least based on today's public data available !!
General EB3 !!! seems to be in a pathetic state at least based on today's public data available !!
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black_logs
01-09 09:08 AM
Greetings.
I want to take this opportunity to introduce you to this new effort taken up by a group of people badly hit by the immigration delays or we can say immigration black out in U.S..
http://www.immigrationvoice.org is a banner under which we are getting together to
1) Find solution to employment based greed card retrogression
2) Labor delay in the backlog centers.
All the members of this non-profit organization are facing severe problems due to these issues. We have started the awareness drive and professional strategic help (lobbying) efforts have started for the new Comprehensive immigration reform bill due on the floor of the Senate and House in Spring of-06. To make a difference and to have the new law passed in the way the current visa retrogression & Backlog center delays cane be addresssed with the new bill, I would request you to please spread this message or forward the email to as many people as possible.
Attached file contain the flyer. This flyer is to create awareness for this effort and add to the ongoing membership drive for http://www.immigrationvoice.org to find solution to Green Card Retrogression problem as well as the backlog centers. We are actively starting to work with the lawmakers to make appropriate changes in Comprehensive Immigration Reform Bill.
I would urge you to please go ahead and post these flyers at Chinese/Pilipino/Indian stores/religious places or anywhere you now think individuals supporting our cause will gather. Additionally, please forward the flyer to as many family members and friends as possible and request them to do the same. This will really help us with the membership drive. If you or anybody in your family wants to volunteer please let us know at info@immigrationvoice.org we need volunteers mainly to send emails and making phone calls.
Here is how you could help towards this cause and solution to retrogression & Labor Delay problem
1) Register as a member of http://www.immigrationvoice.org. It is free.
2) Post the flyers in as many places as possible. Email the flyer to all your friends and anybody you know is on H1 or applying for GC or already applied for GC. Request your friends to do the same.
3) Please contribute generously at http://www.immigrationvoice.org and know that every penny you contribute will work for you.
4) Please continue to contribute to the discussion forum at http://www.immigrationvoice.org with your ideas, information and participation that would help everybody.
Thanks for all your help .... Happy New Year!
Please forward this mail to as many friends you can.
Volunteer @ http://www.immigrationvoice.org
WaldenPond,
I have just contributed using paypal. I really appreciate the efforts you are putting into this. Is there any introductory email that can be sent to prospective members to spur their interest and compel them to come join and contribute?
I would like to send such an email to my contacts. I am sure many people can use that.
Thanks
I want to take this opportunity to introduce you to this new effort taken up by a group of people badly hit by the immigration delays or we can say immigration black out in U.S..
http://www.immigrationvoice.org is a banner under which we are getting together to
1) Find solution to employment based greed card retrogression
2) Labor delay in the backlog centers.
All the members of this non-profit organization are facing severe problems due to these issues. We have started the awareness drive and professional strategic help (lobbying) efforts have started for the new Comprehensive immigration reform bill due on the floor of the Senate and House in Spring of-06. To make a difference and to have the new law passed in the way the current visa retrogression & Backlog center delays cane be addresssed with the new bill, I would request you to please spread this message or forward the email to as many people as possible.
Attached file contain the flyer. This flyer is to create awareness for this effort and add to the ongoing membership drive for http://www.immigrationvoice.org to find solution to Green Card Retrogression problem as well as the backlog centers. We are actively starting to work with the lawmakers to make appropriate changes in Comprehensive Immigration Reform Bill.
I would urge you to please go ahead and post these flyers at Chinese/Pilipino/Indian stores/religious places or anywhere you now think individuals supporting our cause will gather. Additionally, please forward the flyer to as many family members and friends as possible and request them to do the same. This will really help us with the membership drive. If you or anybody in your family wants to volunteer please let us know at info@immigrationvoice.org we need volunteers mainly to send emails and making phone calls.
Here is how you could help towards this cause and solution to retrogression & Labor Delay problem
1) Register as a member of http://www.immigrationvoice.org. It is free.
2) Post the flyers in as many places as possible. Email the flyer to all your friends and anybody you know is on H1 or applying for GC or already applied for GC. Request your friends to do the same.
3) Please contribute generously at http://www.immigrationvoice.org and know that every penny you contribute will work for you.
4) Please continue to contribute to the discussion forum at http://www.immigrationvoice.org with your ideas, information and participation that would help everybody.
Thanks for all your help .... Happy New Year!
Please forward this mail to as many friends you can.
Volunteer @ http://www.immigrationvoice.org
WaldenPond,
I have just contributed using paypal. I really appreciate the efforts you are putting into this. Is there any introductory email that can be sent to prospective members to spur their interest and compel them to come join and contribute?
I would like to send such an email to my contacts. I am sure many people can use that.
Thanks
more...
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raju123
07-09 12:16 PM
Good logiclife.
We have 24H to work hard to create maximum awareness to media. Please don't forget to mansion Mahatma Gandhi's philosophy behind this flower campaign. Let's work hard today and see the impact tomorrow. I wish some news channel cover live delivery of flowers at USCIS HQ.
I am not saying that it is working on the USCIS. We dont know yet coz the flowers start reaching there tommorow. If it is working on USCIS, we would know by the end of the week. Not now.
But it is working on the media.
What I am saying is we are getting a good amount of attention from a lot of newspapers - which is important to create more awareness on the plight of half a million law abiding immigrants and the backlogs they are facing.
We have 24H to work hard to create maximum awareness to media. Please don't forget to mansion Mahatma Gandhi's philosophy behind this flower campaign. Let's work hard today and see the impact tomorrow. I wish some news channel cover live delivery of flowers at USCIS HQ.
I am not saying that it is working on the USCIS. We dont know yet coz the flowers start reaching there tommorow. If it is working on USCIS, we would know by the end of the week. Not now.
But it is working on the media.
What I am saying is we are getting a good amount of attention from a lot of newspapers - which is important to create more awareness on the plight of half a million law abiding immigrants and the backlogs they are facing.
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WeldonSprings
09-22 05:44 PM
I called all the representatives except King. Couldn't get to Howard Coble and Berman.
Called all folks who havent said wether they support or oppose the bill...I know its past 5 pm but they are answering phones...so if you just see this message, pick up your phone & CALL!!!!
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236 (NOT IN FAVOR)
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Called all folks who havent said wether they support or oppose the bill...I know its past 5 pm but they are answering phones...so if you just see this message, pick up your phone & CALL!!!!
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236 (NOT IN FAVOR)
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
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Humhongekamyab
01-15 03:07 PM
I went through the Federal Firearm Law and here is what I found:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�
(5) who, being an alien�
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
-----------------------------------------------------------------------------------------------
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
(1) Definitions.� In this subsection�
(A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;
101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�
(5) who, being an alien�
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
-----------------------------------------------------------------------------------------------
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
(1) Definitions.� In this subsection�
(A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;
101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
saileshdude
02-06 06:47 PM
Vinod,
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
getgreensoon1
04-20 12:04 PM
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
Good suggestion.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
As if the porting rules are going to stay the same. There are many things legit eb2 people are doing that will make this bogus porting impossible.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied.
Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.
Good suggestion.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
As if the porting rules are going to stay the same. There are many things legit eb2 people are doing that will make this bogus porting impossible.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied.
Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.