sledge_hammer
03-15 11:08 PM
It seems like your only regret is getting caught rather than not having committed the crime. You have said in your original post that you have pleaded guilty and now you�re changing your story by calling it an accident.
You don't deserve any help at all for you have no remorse!!!!!!!!!!!!
Thanks Belmont for support, as explained in other thread for some guy who is beating me or people like us, it's a mistake/accident. It can happen with ones mistake or without mistake (Car accident).. Some one get caught and some one don't... as example I knew many people who steal/use office supplies in the company they work...
Thank you guys for your replies..........
Hope god helps!!!
Cheers :)
You don't deserve any help at all for you have no remorse!!!!!!!!!!!!
Thanks Belmont for support, as explained in other thread for some guy who is beating me or people like us, it's a mistake/accident. It can happen with ones mistake or without mistake (Car accident).. Some one get caught and some one don't... as example I knew many people who steal/use office supplies in the company they work...
Thank you guys for your replies..........
Hope god helps!!!
Cheers :)
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Openarms
05-13 10:24 AM
I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?
We need IV help in this area.
We need IV help in this area.
yetanotherguyinline
05-17 02:26 PM
Cannot make it, have to be home baby on the way.
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funny
10-01 10:58 PM
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
What about when u start the company on your spouse name and you work through it...I guess that would also be considered as self employment
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
What about when u start the company on your spouse name and you work through it...I guess that would also be considered as self employment
more...
planets
03-09 03:20 PM
Yesterday I have contributed $50. But will do it again
Macaca
06-16 07:33 PM
Unripe Due to Limits on Annual Immigration 869,544 (as of March 2007) [Table on page 14]
Processed applications for green cards that cannot be approved due to annual statutory limits 29,303
Is this Unripe EB due to cap?
I-130 relative petitions 799,043
Asylum-based green card applicants 41,198
Processed applications for green cards that cannot be approved due to annual statutory limits 29,303
Is this Unripe EB due to cap?
I-130 relative petitions 799,043
Asylum-based green card applicants 41,198
more...
desi3933
06-18 03:08 PM
If you have plans to travel...could you go to the local INS office and get the AP??.AP is very important too if you are traveling.
For most cases, this is NOT an issue as they are on H1/L1/H4/L2 status while filing for I-485. They can simply travel on H1/H4/L1/L2 visa.
Not a legal advice.
For most cases, this is NOT an issue as they are on H1/L1/H4/L2 status while filing for I-485. They can simply travel on H1/H4/L1/L2 visa.
Not a legal advice.
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freedom_fighter
07-02 09:51 AM
I appreciate all the cowards, who gave me red, just because I'm talking about basic rights for all, including them and they are hell bent on finding the legal ways how not to raise your voice. They will wait decades and then kicked out, but wont raise there voice.
Well thanks for the green as wel, for those , who really are willing to stand up for there rights.
We are in this mess, because the majority of the stake holders are just scared to even stand up for themselves. But I ain't loosing hope.
Well thanks for the green as wel, for those , who really are willing to stand up for there rights.
We are in this mess, because the majority of the stake holders are just scared to even stand up for themselves. But I ain't loosing hope.
more...
wahwah
09-14 04:35 PM
here's my explanation why i think retrogression will get worse -
1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?
2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.
And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?
Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.
1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?
2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.
And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?
Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.
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prabasiodia
07-15 02:44 PM
1. Recapture unused visas identified by USCIS Ombudsman
2. Remove spouse and children from the numerical limit
3. Either remove country wise (diversity) quota or increase it to some respectable limits that adheres to true representation based on population and the country’s immigration quotient.
4. What about automatic GC, say after 8 or 9 or 10 years in H1/L1 status?
5. Last of all, all the recaptured numbers should go to the persons based on the very first Port Of Entry date with continuous status. It doesn’t matter whether you came on F1 went to H1 then H4. The very first POE date should rule and people that have been languishing for years should get a reprieve. It’ll only be fair that a person that came on 1999 on whatever category gets a visa first than a late comer in 2005. PD is illogical since many of us had to change jobs and do what not and start afresh and still saw no light at the end of the tunnel.
2. Remove spouse and children from the numerical limit
3. Either remove country wise (diversity) quota or increase it to some respectable limits that adheres to true representation based on population and the country’s immigration quotient.
4. What about automatic GC, say after 8 or 9 or 10 years in H1/L1 status?
5. Last of all, all the recaptured numbers should go to the persons based on the very first Port Of Entry date with continuous status. It doesn’t matter whether you came on F1 went to H1 then H4. The very first POE date should rule and people that have been languishing for years should get a reprieve. It’ll only be fair that a person that came on 1999 on whatever category gets a visa first than a late comer in 2005. PD is illogical since many of us had to change jobs and do what not and start afresh and still saw no light at the end of the tunnel.
more...
axp817
06-10 09:34 PM
Thanks for your informed comments. Like you, I am also surprised to find many people in this forum, who are interested in fire arms.
I don't own a fire arm and not planning to while the immigration status is not yet Citizenship. I don't want the authorities to give another reason to look into my case. I just go for fishing once in a while.
But our family owns two guns in India and have worked with guns from childhood.
Another point is I am very much impressed with how the Americans manage wild life and the nature in general. They enjoy it while preserving it. India does neither. We just destroy it, and write eloquent speeches on nature protection.
Thank you, always glad to help. Many years ago, I was looking for answers to these questions and had to do my own research, internet forums weren't as big then.
I am a hunter as well, and when I went through hunter education, I was amazed to learn how serious the west was about wildlife and nature conservation. Hunting is a very important part of nature conservation. Every country that legalizes hunting, does so in a controlled manner in order to prevent a biological surplus in a species' habitat.
I don't fish that often, except for the odd deep sea fishing trip when the weather is nice, but anything that can get one outdoors breathing fresh air wins my vote.
godspeed,
I don't own a fire arm and not planning to while the immigration status is not yet Citizenship. I don't want the authorities to give another reason to look into my case. I just go for fishing once in a while.
But our family owns two guns in India and have worked with guns from childhood.
Another point is I am very much impressed with how the Americans manage wild life and the nature in general. They enjoy it while preserving it. India does neither. We just destroy it, and write eloquent speeches on nature protection.
Thank you, always glad to help. Many years ago, I was looking for answers to these questions and had to do my own research, internet forums weren't as big then.
I am a hunter as well, and when I went through hunter education, I was amazed to learn how serious the west was about wildlife and nature conservation. Hunting is a very important part of nature conservation. Every country that legalizes hunting, does so in a controlled manner in order to prevent a biological surplus in a species' habitat.
I don't fish that often, except for the odd deep sea fishing trip when the weather is nice, but anything that can get one outdoors breathing fresh air wins my vote.
godspeed,
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drirshad
03-13 12:07 PM
This is from a Jagjit Singh Ghazal for the current situation:
Ronay walon sey kaho unka bhi rona rolay
Jinko majboor yeh haalaat ne ronay na diya
Warna kya baat thi jis baat ne ronay na diya
Translation:
Ask the people who are complaining to also complain for those
Who are in circumtances that do not allow them complain
Otherwise every situation is worth a complain ............
Ronay walon sey kaho unka bhi rona rolay
Jinko majboor yeh haalaat ne ronay na diya
Warna kya baat thi jis baat ne ronay na diya
Translation:
Ask the people who are complaining to also complain for those
Who are in circumtances that do not allow them complain
Otherwise every situation is worth a complain ............
more...
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dummgelauft
03-17 11:35 AM
Call yourself a shoplifter, but you are really a petty criminal. You have yourself proved so by pleading guilty.
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
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nashorn
12-16 12:57 PM
Please tell your immigration attorney that you will not give him 6 thousand dollar fees but only give $10 because you love money
Please tell the restaurant you go to for lunches and dinner that you will not pay as per their bill of $50 for 2 people but will only pay $10 as you love your money
Please tell your wife that both of you will not eat for 5 days and save $100, because you love your money
If people do not value IV then IV is not the place for them. IV allowed everyone to file I485 in July and get EADs . You are able to get your EAD freedom because of IV and that is priceless.
You gave perfect examples here. Let's take a close look.
If you think the atterney fee worth $10, you wouln't hire an atterney asking for $6k. Samething with the restraunt check. Samething with IV contribution. If you think $100 is too high, you don't pay it. But if you think it worth $10 you simply ask for it, like everybody will do. Imagine a car saleman responds to his potential buyer's request to a lower price of a car with insulting remarks, he'll loose this customer and many more.
And IV ALLOWED everyone ...? You went too far, pal.
Please tell the restaurant you go to for lunches and dinner that you will not pay as per their bill of $50 for 2 people but will only pay $10 as you love your money
Please tell your wife that both of you will not eat for 5 days and save $100, because you love your money
If people do not value IV then IV is not the place for them. IV allowed everyone to file I485 in July and get EADs . You are able to get your EAD freedom because of IV and that is priceless.
You gave perfect examples here. Let's take a close look.
If you think the atterney fee worth $10, you wouln't hire an atterney asking for $6k. Samething with the restraunt check. Samething with IV contribution. If you think $100 is too high, you don't pay it. But if you think it worth $10 you simply ask for it, like everybody will do. Imagine a car saleman responds to his potential buyer's request to a lower price of a car with insulting remarks, he'll loose this customer and many more.
And IV ALLOWED everyone ...? You went too far, pal.
more...
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franklin
07-10 02:54 AM
CIS director is saying that he has made arrangements to pass on the flowers set to CIS office to the US war-wounded soldiers.
I think we should start a blood donation campaign to impress upon him that aspiring immigrants will not be found lacking in caring for the US army soldiers.
Any thoughts?
It could be a good idea, however there are various restrictions that we might be caught out by including:-
Living in Europe (most countries)
Travel within 12 months to malaria countries (including India)
Living in Malaria countries within last 3 years (including India)
MMR within the last 4 weeks
Any conditions found in the medical report.
the list goes on...
I've tried donating blood before and have been denied through the 1st and 2nd point
I think we should start a blood donation campaign to impress upon him that aspiring immigrants will not be found lacking in caring for the US army soldiers.
Any thoughts?
It could be a good idea, however there are various restrictions that we might be caught out by including:-
Living in Europe (most countries)
Travel within 12 months to malaria countries (including India)
Living in Malaria countries within last 3 years (including India)
MMR within the last 4 weeks
Any conditions found in the medical report.
the list goes on...
I've tried donating blood before and have been denied through the 1st and 2nd point
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coopheal
12-25 08:57 PM
Me too.. I will start my company and work for it....enough is enough...no more getting scared..oh what will happen if the IO doesn't like my face..ot the way i dress....:D:D
Did you start your own company now?
Did you start your own company now?
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anilsal
07-21 02:31 PM
Let us hear more info from the IV core about the SKIL bill and why the dems voted nay for it. Just do not go analyzing things from your perspective, on a public forum.
Just the way, IV was instrumental in getting the July Visa Bulletin fiasco rectified, they are on top of everything(I am sure). Have a nice week end.
Why don't you PM the core members directly looking for answers?
Just the way, IV was instrumental in getting the July Visa Bulletin fiasco rectified, they are on top of everything(I am sure). Have a nice week end.
Why don't you PM the core members directly looking for answers?
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jkamel5
06-06 01:16 AM
Hi,
I am on H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa?
Thank you,
John
I am on H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa?
Thank you,
John
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eb2dec2005
04-15 12:31 PM
Well, last year i was in a similar situation too ,actually worse than yours.My project ended in February '08.Then i went to India for 4 months. After i got back , my employer refused to pay for my health inssurance.I opted for COBRA and was paying 1200$ for my family , with my husband and child listed as dependants.I attended several interviews,while I was expecting my second child . Though its against the law, many were skeptical in employing me as a consultant during this time. I was very lucky to get a full time offer using my EAD, where my health coverage started after 60 days .All this time, without a project , i was paying through my nose for the health insurance using COBRA.
Ofcourse, i never bothered to inform my employer about my new employement.(Do i need to??)One fine day, i get an update on my H1 application , that the case has been reopened for review , and i get to know through my employer that he has CANCELLED my H1(got a 3 year extension based an approved I140).He did not give me chance to transfer it, inspite of me working rather slogging for 4 years , during which he shamelessly took the overtime money i earned as part of the billing.Though, i feel cheated,used etc etc.... but i did nothing. What could i have done?
All through my journey in this GC process, i have had bitter experiences with desi employers.Though i've been in this country for 10 long years, i am still sitting waiting for my GC with the PD of Dec '05!! The previous employer, said he was filing my GC under EB2 but actually used EB3. And he also was willing to 'sell me my labor' for 12k!!!!! when i requested for retaining the PD. I coulddo nothing..
I am not writing all this to vent my anger but to make you think that there could be other worse things happening to us.
Also can somebody educate me on the 'stimulus' ,please?(pardon my ignorance)
Thanks
Ofcourse, i never bothered to inform my employer about my new employement.(Do i need to??)One fine day, i get an update on my H1 application , that the case has been reopened for review , and i get to know through my employer that he has CANCELLED my H1(got a 3 year extension based an approved I140).He did not give me chance to transfer it, inspite of me working rather slogging for 4 years , during which he shamelessly took the overtime money i earned as part of the billing.Though, i feel cheated,used etc etc.... but i did nothing. What could i have done?
All through my journey in this GC process, i have had bitter experiences with desi employers.Though i've been in this country for 10 long years, i am still sitting waiting for my GC with the PD of Dec '05!! The previous employer, said he was filing my GC under EB2 but actually used EB3. And he also was willing to 'sell me my labor' for 12k!!!!! when i requested for retaining the PD. I coulddo nothing..
I am not writing all this to vent my anger but to make you think that there could be other worse things happening to us.
Also can somebody educate me on the 'stimulus' ,please?(pardon my ignorance)
Thanks
waitingnwaiting
05-31 08:26 AM
‘(C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies.
‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--
‘(A) has been lawfully admitted to the United States for permanent residence; and
‘(B) is a physician or other healthcare worker.
‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.
‘(d) Publication- The Secretary of State shall publish--
‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;
‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and
‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.
(2) RULEMAKING-
(A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.
(B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--
(i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;
(ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and
(iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.
(3) TECHNICAL AND CONFORMING AMENDMENTS-
(A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.
(B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.
(C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.
(D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:
‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.
(d) Attestation by Health Care Workers-
(1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:
‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-
‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.
‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.
‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--
‘(I) the obligation was incurred by coercion or other improper means;
‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or
‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.
(2) EFFECTIVE DATE; APPLICATION-
(A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.
(B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.
SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.
(a) Findings- Congress makes the following findings:
(1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.
(2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.
(3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.
(4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.
(b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--
(1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;
(2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and
(3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.
‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--
‘(A) has been lawfully admitted to the United States for permanent residence; and
‘(B) is a physician or other healthcare worker.
‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.
‘(d) Publication- The Secretary of State shall publish--
‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;
‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and
‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.
(2) RULEMAKING-
(A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.
(B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--
(i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;
(ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and
(iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.
(3) TECHNICAL AND CONFORMING AMENDMENTS-
(A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.
(B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.
(C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.
(D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:
‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.
(d) Attestation by Health Care Workers-
(1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:
‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-
‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.
‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.
‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--
‘(I) the obligation was incurred by coercion or other improper means;
‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or
‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.
(2) EFFECTIVE DATE; APPLICATION-
(A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.
(B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.
SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.
(a) Findings- Congress makes the following findings:
(1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.
(2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.
(3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.
(4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.
(b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--
(1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;
(2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and
(3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.
rameshk75
05-13 10:59 AM
I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?
We need IV help in this area.
If you have not contributed for the recpature funding drive, Please do so..let's move forward together and support IV to lobby the introduced bills first...there is no point in fighting among ourselves !!
I agree to 'kaisersose'.....
We need IV help in this area.
If you have not contributed for the recpature funding drive, Please do so..let's move forward together and support IV to lobby the introduced bills first...there is no point in fighting among ourselves !!
I agree to 'kaisersose'.....
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