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  • sammas
    07-12 03:57 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.





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  • gc_bucs
    02-18 04:33 PM
    Not sure where you read that H1B would be eliminated totally. It does mention Elimination of H-1B Classification for Fashion Models

    Below is the text

    TITLE VII--EMPLOYMENT-BASED IMMIGRATIONCommentsClose CommentsPermalink


    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
    Section 274B (8 U.S.C. 1324b) is amended--CommentsClose CommentsPermalink



    (1) in subsection (a)(5)--CommentsClose CommentsPermalink



    (A) by amending the paragraph heading to read �Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment�;CommentsClose CommentsPermalink



    (B) by moving the text down and to the right 2 ems;CommentsClose CommentsPermalink



    (C) by inserting before such text the following: �(A) IN GENERAL- �; andCommentsClose CommentsPermalink



    (D) by adding at the end the following:CommentsClose CommentsPermalink



    �(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.CommentsClose CommentsPermalink



    �(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.�; andCommentsClose CommentsPermalink



    (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.�.CommentsClose CommentsPermalink




    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.CommentsClose CommentsPermalink




    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
    Section 214 is amended--CommentsClose CommentsPermalink



    (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; andCommentsClose CommentsPermalink



    (2) by adding at the end the following:CommentsClose CommentsPermalink



    �(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:CommentsClose CommentsPermalink



    �(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.CommentsClose CommentsPermalink



    �(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.CommentsClose CommentsPermalink



    �(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.CommentsClose CommentsPermalink



    �(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.CommentsClose CommentsPermalink



    �(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.�.CommentsClose CommentsPermalink

    SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
    (a) Elimination of H-1B Classification for Fashion Models- Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended--CommentsClose CommentsPermalink



    (1) by striking �or as a fashion model�; andCommentsClose CommentsPermalink



    (2) by striking �or, in the case of a fashion model, is of distinguished merit and ability�.CommentsClose CommentsPermalink



    (b) New Classification- Section 101(a)(15)(O) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended--CommentsClose CommentsPermalink



    (1) in clause (iii), by striking �clause (i) or (ii)� and inserting �clause (i), (ii), or (iii)� and by redesignating clause (iii) as clause (iv); andCommentsClose CommentsPermalink



    (2) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink



    �(iii) is a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent; or�.CommentsClose CommentsPermalink



    (c) Effective Date and Implementation-CommentsClose CommentsPermalink




    http://www.opencongress.org/bill/111-h264/show

    This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.

    Please add your views about this bill.

    Also, is there a IL chapter for IV?





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  • gimmeacard
    07-13 02:51 PM
    I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.

    Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.

    I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?


    are you with cisco? i am from there





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  • signifer123
    02-15 08:44 AM
    Glad i already have an idea of how i'm gonna do it maybe later i'll start on it and give you guys a quick pic if grinch doesn't



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  • GCOP
    07-11 01:07 PM
    Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?

    ____________________
    Phone calls to CHC Members
    Written Letters to President & IV
    Attended DC Rally
    Contributed to IV
    PD: October 2003, EB-3



    source: www.immigration-law.com

    07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste

    The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.





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  • kakatiya
    07-23 08:10 PM
    my lawyer said for concurrent filings a separate letter from employer is not needed.i am filing with one letter for I 140.



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  • mbawa2574
    02-15 02:06 PM
    http://www.workpermit.com/news/2007-05-16/us/h-1b-visa-outsourcing-abuse-investigation.htm

    This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?





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  • StarSun
    02-17 09:50 AM
    Who is IV?

    You and I = WE.



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  • EB3_SEP04
    05-26 06:41 PM
    I haven't heard anything like this (yes random checks I seen by cops in NJ) but not searching all cars on a highway and then verifying if everyone is legal and harassing them if they have not carried their immigration papers.

    I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.

    where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules

    I think the law/rule was passed/enacted in late 2008 by prev govt to make some psychos happy. It is a big problem in AZ and CA where these people routinely get in the commercial buses and ask everyone's status. so ACLU posted signs in buses telling people their rights. see my OP.





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  • vivekm1309
    07-28 12:53 PM
    Guys, IV is an immigration related forum, if your religious sentiments are hurt by a picture on beer bottle, please take it to the pertinent forum. ( why create a ruckus here ?)

    I am sure that VHP, RSS or whatever orgs are having their forums to hear these kind of greivances.

    Why do we need to divert the attention of this forum to any issues it is not supposed to look at ?

    I am scared of Red dots but this fear doesnot stop me form requesting sanity in the discussions.



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  • aroranuj
    09-11 09:44 AM
    Just called the House judiciary committe and was told that there are no markups planned for today. Apparently they havent figured out when they would like to come back next for the mark ups.

    I believe instead of posting ideas for what we can do in the future we need to live in the present and not waste valuable time. We need to reenergize ourselves and spend any extra time that we have by making some calls...Please focus on this thread till the time there are no available updates...

    http://immigrationvoice.org/forum/showthread.php?t=21393





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  • onemorecame
    10-15 01:18 PM
    any one got approval after submitting recent RFE?



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  • tooclose
    07-12 07:23 PM
    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

    Many congrats! This must be a huge relief to you and your dependents. Enjoy !!!





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  • kumar1
    12-15 12:19 PM
    Chandu-I agree to most of what you say.



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  • dkjariwala
    04-08 11:54 PM
    nyte,

    The person was on H1B visa.





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  • prinive
    04-07 04:43 PM
    Finally just received THAT email. "Current Status: Card production ordered"

    PD Sep 2001

    EB3 India.



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  • mlk
    03-10 08:15 AM
    Nice renders Eilsoe and Grinch--both very dramatic. Here's mine--it feels unfinished but this is all I had time for.

    http://www.inmod.com/casey/3dsubway_final.jpg

    Very groovy. And I like to see XSI work because, well, I haven't seen a lot from this package !

    Top notch, my favorite so far.





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  • sri1309
    02-14 09:57 AM
    IV Core,

    Can you please monitor the threads more closely and remove anytning like this. If you are running out of resources, please add some more guys who can do this. There are many guys who always post constructive threads all the time. I may be one of them, if you look at all my previous posts. I can help in cleansing some bad threads here. This thread is insulting to us all, and more to you who maintain this forum, if I am not wrong.





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  • uma001
    03-09 10:36 PM
    :) You will have to fight the Reliance Freshs and subhikshas etc as competitors on that grocery store.

    I told you I do business for no profict no loss ....and i run my store in outskirts/remote places





    virald
    07-24 12:05 PM
    Virald,
    What makes you start another stupid thread?
    There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.

    Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"

    srikondoji

    I am not trying to scare anyone. For you the thread might be stupid, not for me. Please keep your negative remarks to yourself. Just the fact that people are discussing in this thread invalidate your kind of comments.

    Also, my assumption was people come here to discuss issues, when they have doubts. No one is a lawyer here, certainly not me, hence my statement. If you are so scared please do not visit this thread.

    Peace.





    silibili
    06-10 04:40 PM
    done