Immi_Chant
08-03 04:54 AM
Is there any way to know whether our case is already preadjudicated or not? Is it OK to call USCIS customer service number or taking an infopass appointment for just checking that?
I just want to have some peace of mind as USCIS is not require (hopefully :)) any documents from our side, if they already preadjudicated us.
Please share your experience....
Thanks,
Immi_Chant
I just want to have some peace of mind as USCIS is not require (hopefully :)) any documents from our side, if they already preadjudicated us.
Please share your experience....
Thanks,
Immi_Chant
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GooblyWoobly
09-13 02:44 AM
my language stinks...oh no.... i used a bad word.... god forbid!!!
so how would you best describe them then???
wake up and smell the real world pal...
I think it was a pun, arse-ole => stinks !! :-)
so how would you best describe them then???
wake up and smell the real world pal...
I think it was a pun, arse-ole => stinks !! :-)
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
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wandmaker
06-25 04:59 PM
In EAD form, they are asking about previous EAD info..like which service center, what date, GRANTED or REJECTEd etc.. Now I had two EADs..one is OPT and other one I got last year. Do I have to write info for both one or just for last year?? In last year's form, I wrote info about my OPT. But what now?
1. Paper filing mention your last EAD
2. eFiling mention your last EAD and there is also a space for two previous EAD, you will have to fill in that too.
1. Paper filing mention your last EAD
2. eFiling mention your last EAD and there is also a space for two previous EAD, you will have to fill in that too.
more...
chanduv23
07-09 12:11 PM
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.
Make it as visible as possible in the most peaceful manner. Thats the idea here. I think we must keep the flower campaign going and encourage more members.
I sent mine out on Saturday and is scheduled tomorrow.
Folks - employers, lawyerss. etc... everyone have backed off. AILF lawsuit is a fragile attempt, we are on our own
I REPEAT : WE ARE ON OUR OWN.
Get as much media attention as possible. Get international media attention. Let Chinese, Indian, Australian media be all over this .....
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.
Make it as visible as possible in the most peaceful manner. Thats the idea here. I think we must keep the flower campaign going and encourage more members.
I sent mine out on Saturday and is scheduled tomorrow.
Folks - employers, lawyerss. etc... everyone have backed off. AILF lawsuit is a fragile attempt, we are on our own
I REPEAT : WE ARE ON OUR OWN.
Get as much media attention as possible. Get international media attention. Let Chinese, Indian, Australian media be all over this .....
indio0617
03-01 01:02 PM
I am sending my second contribution by Check today!
Yesterday night I have send around 100 emails to my friends and collegues here in USA regarding the efforts IV is making and helping out ! Some of them are already got their GCs but they know the Pains during this process.,
I requested all of them to pass information to other immigrants friends!!
god_bless_you:
Thank You for your valuable contribution the second time!! . People like you keep our morales high and re-instill our belief that we will succeed in our venture.
Yesterday night I have send around 100 emails to my friends and collegues here in USA regarding the efforts IV is making and helping out ! Some of them are already got their GCs but they know the Pains during this process.,
I requested all of them to pass information to other immigrants friends!!
god_bless_you:
Thank You for your valuable contribution the second time!! . People like you keep our morales high and re-instill our belief that we will succeed in our venture.
more...
tikka
07-13 09:37 PM
thanks......at least one person showed up
15...:D
15...:D
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vinodp1978
06-28 02:00 PM
According to this from Murthy:
Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.
Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.
more...
eb3retro
10-14 07:24 AM
which service center did you apply? and what was the recd date?
Anybody received rfe? We received rfe on photos and was replied on 09/27.. No reply yet.
Anybody knows how long it take to receive approval after rfe reply..
Anybody received rfe? We received rfe on photos and was replied on 09/27.. No reply yet.
Anybody knows how long it take to receive approval after rfe reply..
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lazycis
07-02 11:37 AM
I have followed it up with AILF and 3 more attorneys just in case to see if a law suit is feasible. All of them said, it is not possible. Only option left is to write to Dept. of Justice to see if this law holds a constitutional test. I wrote once, but never got any reply on that.
But if we could take this as a group and mobilise on a mass scale to reach out to DOJ and have them review this INA law we might get attention.
Couple of points to Nay sayers.. that this is not racial descrimination
INA even though uses country of birth instead of color of skin It is still considered raical because, Under the same INA, if someone is born in a retro. country and their parents are not from that country, One could use parents country of birth.
So if a family from UK on a business to India gave birth to a child, this child is not subjected to India limits. Which means this applies only to natives from India.
I tried explaining this in my writing to DOJ. But one letter didn't do the job required.
I also think that discrimination lawsuit has very slim chances as the Supreme court ruled in the past that it's OK to have different treatment (discrimination) of non-citizens in immigration matters. But recapture lawsuit may work.
But if we could take this as a group and mobilise on a mass scale to reach out to DOJ and have them review this INA law we might get attention.
Couple of points to Nay sayers.. that this is not racial descrimination
INA even though uses country of birth instead of color of skin It is still considered raical because, Under the same INA, if someone is born in a retro. country and their parents are not from that country, One could use parents country of birth.
So if a family from UK on a business to India gave birth to a child, this child is not subjected to India limits. Which means this applies only to natives from India.
I tried explaining this in my writing to DOJ. But one letter didn't do the job required.
I also think that discrimination lawsuit has very slim chances as the Supreme court ruled in the past that it's OK to have different treatment (discrimination) of non-citizens in immigration matters. But recapture lawsuit may work.
more...
saileshdude
02-11 09:59 PM
Another question is what made them go back to your case suspecting that you did not have proper degree and trying to re-evaluate your I-140 all over again. I don't that think they would do this just randomly. There has to be some reason behind like maybe your previous employer is being audited and they are going back to all the cases filed by that employer. This is just one example. There could be other reasons too.
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nshalady
06-19 01:02 AM
You dont need an EAD, if you still have valid H1. AC21 has nothing to do with EAD. However, if your H1 is expiring soon, and you have already used up 6 years of H1, you would need an EAD, because H1 extension beyond 6 years is available only for people who cant file I485 because of retrogression.
-Niranjan
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
-Niranjan
If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?
I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?
more...
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sertasheep
06-24 09:48 PM
desi3933,
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
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bugsbunny
04-21 12:51 PM
As a temporary measure you could have them apply for visitor visas.
Both my parents got approved for 10 year visitor visas...it allows them to stay here 6 months at a time...they just need to go back every 5 and 1/2 months to ensure they don't overstay the 6 months. This way they can stay with you most of the year.
Ofcourse if they are too old this may not be feasible as flying 21+ hours is no joke
Both my parents got approved for 10 year visitor visas...it allows them to stay here 6 months at a time...they just need to go back every 5 and 1/2 months to ensure they don't overstay the 6 months. This way they can stay with you most of the year.
Ofcourse if they are too old this may not be feasible as flying 21+ hours is no joke
more...
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sbabunle
03-28 09:00 AM
Ladies & Gentlemen
I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.
But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.
Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.
There are many others issues we can lobby for such as
1) Starting H1B stamping inside the US again( Which was stopped in 2005)
2) Allow H1B spouses to work. etc etc
But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.
thanks
babu.
I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.
But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.
Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.
There are many others issues we can lobby for such as
1) Starting H1B stamping inside the US again( Which was stopped in 2005)
2) Allow H1B spouses to work. etc etc
But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.
thanks
babu.
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flipflop
12-11 08:12 PM
The following are various ways to express some one�s dissatisfaction/agony and draw some one else (Government/Media/Public) attention.
1. Daily Fasting : One or more people would sit for fasting from 6 AM to 6 PM. One group would pass on the fire to next group.
2. Continuous Fasting : One or more people would sit for fasting 24 hours a day. Such people should not have health issues like Blood Pressure, Gastric Trouble, Sugar, insulin deficiency, Heart relates issues. This may cuase arrest.
3. Protesting : Conduct a rally with group/mass of people with immigration ply cards and banners.
4. Wearing Black Ribbons : People would wear/put a small black ribbon on their shirt pockets (Upper left side of the chest) and attend duties. We can draw people attentions. Such ribbon should have white color immigration slogan printed on it.
5. Distributing Flyers : Distributing Flyers/Handouts to people in respective areas.
6. Banners : Display banner/show outs in the Traffic Island Medians
7. Flower Campaign : Sending Flowers to respective people, also called Gandhi giri.
8. Silent Sitting : Sitting in front of USCIS silently (no talk).
9. Silent sitting in front of Senators house: Group of people should sit (kind of protest) in front of respective state senators. We can draw maximum MEDIA attention.
10. Sweeping Roads : A group of people would sweep roads by wearing immigration slogans jackets.
11. Organize Blood Donate Drives : Interested member would donate blood (We should explain to media, why we are doing so).
12. Rally in All Major Cities : Conduct a rally in all Major cities (where we have at least 100 members) at the same time.
We still have various other ways to express our dissatisfaction, however, they are little rude and could cause more issues.
We should choose couple of ways from above to express our dissatisfaction. Members, feel free to add and delete from above list.
P.S: We need prior permission from local authorities
Looks like we have to some thing big at this Christmas season.
Out of all these how many do you think you yourself will be able to do?
1. Daily Fasting : One or more people would sit for fasting from 6 AM to 6 PM. One group would pass on the fire to next group.
2. Continuous Fasting : One or more people would sit for fasting 24 hours a day. Such people should not have health issues like Blood Pressure, Gastric Trouble, Sugar, insulin deficiency, Heart relates issues. This may cuase arrest.
3. Protesting : Conduct a rally with group/mass of people with immigration ply cards and banners.
4. Wearing Black Ribbons : People would wear/put a small black ribbon on their shirt pockets (Upper left side of the chest) and attend duties. We can draw people attentions. Such ribbon should have white color immigration slogan printed on it.
5. Distributing Flyers : Distributing Flyers/Handouts to people in respective areas.
6. Banners : Display banner/show outs in the Traffic Island Medians
7. Flower Campaign : Sending Flowers to respective people, also called Gandhi giri.
8. Silent Sitting : Sitting in front of USCIS silently (no talk).
9. Silent sitting in front of Senators house: Group of people should sit (kind of protest) in front of respective state senators. We can draw maximum MEDIA attention.
10. Sweeping Roads : A group of people would sweep roads by wearing immigration slogans jackets.
11. Organize Blood Donate Drives : Interested member would donate blood (We should explain to media, why we are doing so).
12. Rally in All Major Cities : Conduct a rally in all Major cities (where we have at least 100 members) at the same time.
We still have various other ways to express our dissatisfaction, however, they are little rude and could cause more issues.
We should choose couple of ways from above to express our dissatisfaction. Members, feel free to add and delete from above list.
P.S: We need prior permission from local authorities
Looks like we have to some thing big at this Christmas season.
Out of all these how many do you think you yourself will be able to do?
more...
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kumar1
09-11 10:17 PM
I am on H1-B, Can I buy 2 underwears? It will cost me 3 dollars in WalMart. Please vote...it is really critical!
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alterego
10-20 08:42 PM
Good to hear that 01, 02 & 03 ppl r getting approved. Atleast they are following FIFO and the line is getting shorter. Not that I am not happy abut the 06 folks who got GC but it should realistic 'First In First Out'.
The only problem with this is as follows. You are either FIFO all the way or you are not. When you are FIFO by convenience, then the result is multi year old 485s, and volatile PD movements that make the stock market gyrations seem minuscule, which is clearly not the intent of the system. Where was FIFO this summer when they were shooting random approvals from the hip? How can you say FIFO for come and luck of the draw for others?
I am especially glad to see the older cases getting their due, but they have most certainly screwed some ie those with 2004/5 PDs, especially those at the NSC by their policy this summer.
The only problem with this is as follows. You are either FIFO all the way or you are not. When you are FIFO by convenience, then the result is multi year old 485s, and volatile PD movements that make the stock market gyrations seem minuscule, which is clearly not the intent of the system. Where was FIFO this summer when they were shooting random approvals from the hip? How can you say FIFO for come and luck of the draw for others?
I am especially glad to see the older cases getting their due, but they have most certainly screwed some ie those with 2004/5 PDs, especially those at the NSC by their policy this summer.
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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.
cnstudd
07-12 07:00 PM
Can someone please update this thread with your success with G-639 or I-824, requesting a copy of I-140 approval notice?
nixstor
07-14 03:17 PM
Dear Nixtor, we should not question that when they do not have IV on their site and they do not cut us any checks. It is their site and they can architect it the way they can. Yes, the Indian Express misquoted Robinderi or may be it was a misrepresentation, we would never know but the good thing is that he has acknowledged the discrepancy. That is where it ends. Robinder has been a very highly regarded ananlyst and a commentator of indo-us relationship. We needs friends with him and not make enemies. It is a different thing that he is associated with USINPAC and we do not agree with their agenda, approach or the way they misrepresent themselves to be the representatives of Indo community in USA. We have about 2.5 million Indians in USA of which about more than half a million are stuck in this green card mess. Any organization that claims to be a representative of Indian community should have this Green Card reform as a very top priority in their agenda, but it was extremely disappointing for the people fighting for this cause when they approached some of these organizations who could provide just lip service and press releases from their chambers and project that they are on the top of the issue and working hard to get the work done. IV has filled this void for a true grass roots level organization with a huge membership base which is truely global,not just Indian and working in an extremely organzied fashion. I am sure that many of the the organizations envy the way we have built the membership base ( we are not a paid membership org) and have individuals roll up their sleeves, go to the fields across the country and work for this noble cause unlike others who are limited to doing press releases, photo opportunities and advertizing to promote them selves.
At the end, time will tell if Immigration Voice would be successful in the agenda it has enbarked on, but what ever the final result be, our efforts would be analyzed for years to come by the ethnic, minority and national groups as to how to unleash the power of the Internet to build and run a grass root level oranization. Can you imagine how it would have been if Internet were available at the time of Mahatma Gandhi? I am sure Robinder has been thinking and analyzing that and we would welcome his analysis.
Peace..!
eager2ri,
I am neither questioning any one nor asking any one to have us on their website. If any org all of a sudden starts giving us more credibility or negative publicity ( I am not referring to USINPAC here, So do not mis construe my point again) I will definitely take a moment to retrospect and see if there was a common goal. If there was a common goal indeed, why we have not worked together? I just pointed out the feelings some people on this side of aisle share. I threw them out there, while others chose not to. I just looked around and why any one is supporting now and not before. Hey, Never late than now. I, personally am more than willing to know why the American Indian Citizen community has always ignored this heavy weight issue, especially when the drums beat heavily on how to retain the culture.
At the end, time will tell if Immigration Voice would be successful in the agenda it has enbarked on, but what ever the final result be, our efforts would be analyzed for years to come by the ethnic, minority and national groups as to how to unleash the power of the Internet to build and run a grass root level oranization. Can you imagine how it would have been if Internet were available at the time of Mahatma Gandhi? I am sure Robinder has been thinking and analyzing that and we would welcome his analysis.
Peace..!
eager2ri,
I am neither questioning any one nor asking any one to have us on their website. If any org all of a sudden starts giving us more credibility or negative publicity ( I am not referring to USINPAC here, So do not mis construe my point again) I will definitely take a moment to retrospect and see if there was a common goal. If there was a common goal indeed, why we have not worked together? I just pointed out the feelings some people on this side of aisle share. I threw them out there, while others chose not to. I just looked around and why any one is supporting now and not before. Hey, Never late than now. I, personally am more than willing to know why the American Indian Citizen community has always ignored this heavy weight issue, especially when the drums beat heavily on how to retain the culture.
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