Monday, June 13, 2011

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  • vallabhu
    01-14 12:22 PM
    The source is Immigration-law.com

    This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.

    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B (8 U.S.C. 1324b) is amended--
    (1) in subsection (a)(5)--
    (A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
    (B) by moving the text down and to the right 2 ems;
    (C) by inserting before such text the following: `(A) IN GENERAL- '; and
    (D) by adding at the end the following:
    `(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
    `(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
    (2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.

    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.

    Section 214 is amended--
    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
    (2) by adding at the end the following:
    `(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
    `(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
    `(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
    `(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
    `(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
    `(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.





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  • GCwaitforever
    09-28 02:33 PM
    Once retrogression starts, I-485 processing is held for all cases with priority date after the cut-off date.

    Even if your priority is current, I-485 will not be processed until you clear FBI name check and other security checks (and also I-140 in case of concurrent processing).

    If you believe you cleared name check process from FBI, and only processing of I-140 is holding your I-485, then switching to I-140 premium processing makes sense.

    You could try premium I-140 process and hope for name check to be cleared in time so that your I-485 is processed before retrogression kicks in.





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  • cucubau
    10-17 01:51 PM
    A co-worker and I applied together at exactly the same time.
    We got approvals for LC and I-140 within weeks of each other.
    Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
    FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:

    This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?

    Thanks!





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  • sidbee
    04-29 09:59 AM
    I truly believe India IS a developed country.

    Sorry , wont agree with you.

    It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.



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  • 485Question
    10-11 12:51 PM
    Did your certificate says your completion date or it just have the certificate issue date?





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  • HRPRO
    02-23 10:26 AM
    Depends Jax

    If you are still on a H or L and have a valid visa, you can enter using that as well but if you working on an EAD, all yopu will need is the parole document.



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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.





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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!



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  • H1Girl
    08-30 11:07 PM
    You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.

    I strongly discourage the word "Attorney" for everything. Just because of memebers like kriskris these Attroney's are living lavishly. What the heck these Attroneys know that we don't know. Don't we know how to write our names? Don't we know how to fill an application form? Please stop saying "Attroney" for everything. These are not complex things. Please note according to one survey 70% of Americans don't know how to fill Bank application. Attroneys are just making the money out of this situation.

    Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...

    Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attorney".





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  • devan
    11-17 11:15 AM
    sudiptasarkar, they gave one month time to respond the RFE. Also, i got the format from my attorney and i believe you could get the affidavit sample in the .



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  • boreal
    08-19 12:32 AM
    "When you burn your lips drinking hot milk you start blowing on your yogurt"


    Hey, there's one proverb exactly similar in marathi..:-)





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  • VSS2007
    06-25 10:10 PM
    Hi,

    I am also in the same boat. Looking forward to here some reply.

    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc



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  • ItIsNotFunny
    02-13 03:10 PM
    Congratulations!

    It is quite normal to have few weeks for card production ordered. Enjoy your freedom.


    I got the following message from USCIS:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRCXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?





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  • northstar
    10-09 07:36 PM
    Pretty much in line with what the community was expecting..



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  • h1techSlave
    02-28 06:50 PM
    Bump

    did you intend to say Dumb? ;) ;)





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  • rajuseattle
    08-12 08:35 PM
    Sab,

    If you do the paper file for which you submit all the initial evidence and supporting docs, you dont need to do finger printing.

    but if you do e-file then you will have to go for finger printing.

    Anytime you do your finger printing it is valid for about 15 months.

    For me too I gave my finger prints in Nov 2007, but still USCIS sent me FP notification for code2 Finger printing.

    by the way USCIS's RFE for me turn out to be that they dont have my code-2 finger prints in their system, so they need to know the details about my FP appointment and what's the schedule.

    USCIS processing is really goofed up for e-filed applicants.

    This is my personal expereince and their are lot of other folks who filed around the same time frame are facing the RFEs for fingerprints.

    anyways i am going to respond to my RFE once i complete my biometrics on august 22nd 2008, by that time i will have the acknowledgement from the Seattle, ASC that they indeed complete my code-2 FP for the EAD purpose.

    If you do paper based EAD renewal, you will receive EAD cards but it says fingerprints not available. As long as your employer is accepting the EAD cards it doesnt matter wether its with fingerprints or without fingerrints.

    I hope this helps.



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  • felix31
    12-13 03:32 PM
    this is simple. Enforcement results will show that illegal people are bigger threat when they are illegal. Guess what the remedy is, legalize them aka CIR.

    I am ready to hear this on the local news "Latest research shows that legalizing the undocumented workers is actually better for the american public" :p

    LOL :D :D Whenever I see your signature I realize that I should be working on plan B instead of endlessly hoping to see a GC within my lifetime...:D





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  • gcnirvana
    02-01 06:28 PM
    Done. Thanks for sharing.

    Folks,

    Please take a moment to fill in the below survey from Barack Obama's website. I'm 100% sure that the results of the survey will reach the President. No sign-up necessary to complete the survey. To select 'Immigration Reform' as your number one priority, choose 'Other' and type in 'Immigration Reform'. You can see that Immigration reform is not one of the top priorities of the administration at the moment.

    Here is the Link:
    Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)


    Thanks,
    Leo07





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  • srikondoji
    08-07 02:50 PM
    Prevailing wage for EB2 as of latest information i have is $83,200
    Hope this helps.

    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron





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    That looks really nice sparky!





    maverick_joe
    05-23 12:31 PM
    go through the AR 11 form online and after you complete the same you would see options to put in your receipt numbers , do the same for yourself and your secondary

    Hello,

    I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?

    Thanks,
    Kunal



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