waitingnwaiting
05-31 08:23 AM
Mr. SENSENBRENNER (for himself and Mr. POLIS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide relief for the shortage of nurses in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Emergency Nursing Supply Relief Act’.
SEC. 2. NURSING SHORTAGE RELIEF.
(a) Increasing Visa Numbers- Section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended by adding at the end the following:
‘(e) Visa Shortage Relief for Nurses-
‘(1) IN GENERAL- Subject to paragraph (2), for petitions filed any time prior to September 30, 2014, for employment-based immigrants (and their family members accompanying or following to join under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))), which are or have been approved based on Schedule A, Group I as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor, the numerical limitations set forth in sections 201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) shall not apply.
‘(2) LIMITATION ON NUMBER OF VISAS- The Secretary of State may not issue more than 20,000 immigrant visa numbers in any one fiscal year (plus any available visa numbers under this paragraph not used during the preceding fiscal year) to principal beneficiaries of petitions pursuant to paragraph (1).
‘(3) EXPEDITED REVIEW- The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in paragraph (1) not later than 30 days after the date on which a completed petition has been filed.
‘(f) Fee for Use of Visas Under Subsection (a)-
‘(1) IN GENERAL- The Secretary of Homeland Security shall impose a fee upon each petitioning employer who uses a visa provided under subsection (e) to provide employment for an alien as a professional nurse, except that--
‘(A) such fee shall be in the amount of $1,500 for each such alien nurse (but not for dependents accompanying or following to join who are not professional nurses); and
‘(B) no fee shall be imposed for the use of such visas if the employer demonstrates to the Secretary that--
‘(i) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or
‘(ii) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e).
‘(2) FEE COLLECTION- A fee imposed by the Secretary of Homeland Security pursuant to paragraph (1) shall be collected by the Secretary as a condition of approval of an application for adjustment of status by the beneficiary of a petition or by the Secretary of State as a condition of issuance of a visa to such beneficiary.’.
(b) Capitation Grants To Increase the Number of Nursing Faculty and Students; Domestic Nursing Enhancement Account- Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following:
‘SEC. 832. CAPITATION GRANTS.
‘(a) In General- For the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section.
‘(b) Purpose- A funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.
‘(c) Grant Computation-
‘(1) AMOUNT PER STUDENT- Subject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following:
‘(A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program in nursing that--
‘(i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and
‘(ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area.
‘(B) $1,405 for each full-time or part-time student who--
‘(i) is enrolled at the school in a program in nursing leading to a bachelor of science degree, a bachelor of nursing degree, a graduate degree in nursing if such program does not meet the requirements of subparagraph (A), or an equivalent degree; and
‘(ii) has not more than 3 years of academic credits remaining in the program.
‘(C) $966 for each full-time or part-time student who is enrolled at the school in a program in nursing leading to an associate degree in nursing or an equivalent degree.
‘(2) LIMITATION- In calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student--
‘(A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a master’s degree or an equivalent degree;
‘(B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a doctoral degree or an equivalent degree;
‘(C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or
‘(D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).
‘(d) Eligibility- In this section, the term ‘eligible school of nursing’ means a school of nursing that--
‘(1) is accredited by a nursing accrediting agency recognized by the Secretary of Education;
‘(2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 academic years preceding submission of the grant application; and
‘(3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 academic years preceding submission of the grant application.
‘(e) Requirements- The Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each academic year for which the grant is awarded, the school will comply with the following:
‘(1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent.
‘(2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent.
‘(3)(A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding academic year by 5 percent or 5 students, whichever is greater.
‘(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.
‘(C) With respect to any academic year, the Secretary may waive application of subparagraph (A) if--
‘(i) the physical facilities at the school involved limit the school from enrolling additional students; or
‘(ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding academic years.
‘(4) Not later than 1 year after receiving a grant under this section, the school will formulate and implement a plan to accomplish at least 2 of the following:
‘(A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months.
‘(B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology.
A BILL
To provide relief for the shortage of nurses in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Emergency Nursing Supply Relief Act’.
SEC. 2. NURSING SHORTAGE RELIEF.
(a) Increasing Visa Numbers- Section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended by adding at the end the following:
‘(e) Visa Shortage Relief for Nurses-
‘(1) IN GENERAL- Subject to paragraph (2), for petitions filed any time prior to September 30, 2014, for employment-based immigrants (and their family members accompanying or following to join under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))), which are or have been approved based on Schedule A, Group I as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor, the numerical limitations set forth in sections 201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) shall not apply.
‘(2) LIMITATION ON NUMBER OF VISAS- The Secretary of State may not issue more than 20,000 immigrant visa numbers in any one fiscal year (plus any available visa numbers under this paragraph not used during the preceding fiscal year) to principal beneficiaries of petitions pursuant to paragraph (1).
‘(3) EXPEDITED REVIEW- The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in paragraph (1) not later than 30 days after the date on which a completed petition has been filed.
‘(f) Fee for Use of Visas Under Subsection (a)-
‘(1) IN GENERAL- The Secretary of Homeland Security shall impose a fee upon each petitioning employer who uses a visa provided under subsection (e) to provide employment for an alien as a professional nurse, except that--
‘(A) such fee shall be in the amount of $1,500 for each such alien nurse (but not for dependents accompanying or following to join who are not professional nurses); and
‘(B) no fee shall be imposed for the use of such visas if the employer demonstrates to the Secretary that--
‘(i) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or
‘(ii) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e).
‘(2) FEE COLLECTION- A fee imposed by the Secretary of Homeland Security pursuant to paragraph (1) shall be collected by the Secretary as a condition of approval of an application for adjustment of status by the beneficiary of a petition or by the Secretary of State as a condition of issuance of a visa to such beneficiary.’.
(b) Capitation Grants To Increase the Number of Nursing Faculty and Students; Domestic Nursing Enhancement Account- Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following:
‘SEC. 832. CAPITATION GRANTS.
‘(a) In General- For the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section.
‘(b) Purpose- A funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.
‘(c) Grant Computation-
‘(1) AMOUNT PER STUDENT- Subject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following:
‘(A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program in nursing that--
‘(i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and
‘(ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area.
‘(B) $1,405 for each full-time or part-time student who--
‘(i) is enrolled at the school in a program in nursing leading to a bachelor of science degree, a bachelor of nursing degree, a graduate degree in nursing if such program does not meet the requirements of subparagraph (A), or an equivalent degree; and
‘(ii) has not more than 3 years of academic credits remaining in the program.
‘(C) $966 for each full-time or part-time student who is enrolled at the school in a program in nursing leading to an associate degree in nursing or an equivalent degree.
‘(2) LIMITATION- In calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student--
‘(A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a master’s degree or an equivalent degree;
‘(B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a doctoral degree or an equivalent degree;
‘(C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or
‘(D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).
‘(d) Eligibility- In this section, the term ‘eligible school of nursing’ means a school of nursing that--
‘(1) is accredited by a nursing accrediting agency recognized by the Secretary of Education;
‘(2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 academic years preceding submission of the grant application; and
‘(3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 academic years preceding submission of the grant application.
‘(e) Requirements- The Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each academic year for which the grant is awarded, the school will comply with the following:
‘(1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent.
‘(2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent.
‘(3)(A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding academic year by 5 percent or 5 students, whichever is greater.
‘(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.
‘(C) With respect to any academic year, the Secretary may waive application of subparagraph (A) if--
‘(i) the physical facilities at the school involved limit the school from enrolling additional students; or
‘(ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding academic years.
‘(4) Not later than 1 year after receiving a grant under this section, the school will formulate and implement a plan to accomplish at least 2 of the following:
‘(A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months.
‘(B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology.
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belmontboy
03-15 11:40 PM
By the way is it you who gave red...:mad:
No. I don't have any reason to give you red for this post.
No. I don't have any reason to give you red for this post.
shimul99
10-23 09:11 PM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
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crazyAbtUS
12-16 10:58 AM
Hello there,
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
more...
gc_on_demand
07-30 04:58 PM
Hello there ,
From now onwards visa dates will be stable. I mean little or big but most of time forward jump .. Not a big swing that we saw for couple of years.
What bothers me is SPILL OVER. CIS told that EB2 India and China is under their annual limit.EB2 ROW has very less labor compare to last years. For first quarter they had approx 700 LC. if you apply same math then 2800 ~ 3000 LC and 7500 visa needed for all EB2 Row.
Total EB2 has 40k. India and china consume 6k together. Now there should be SPILL of 24k visas to Eb2 India and china.
I am not talking about EB1 Spill ( Which is current till date ) . VO told that EB4 will have cutoff date for Still there can be spill from Eb5.
If no SPILL THEN DATE WILL NOT MOVE SINGLE DAY IN SEP. IF SPILL FROM EB2 only then it will move till MID 2004 . and If more spill then I see we will crossing 2004.
From now onwards visa dates will be stable. I mean little or big but most of time forward jump .. Not a big swing that we saw for couple of years.
What bothers me is SPILL OVER. CIS told that EB2 India and China is under their annual limit.EB2 ROW has very less labor compare to last years. For first quarter they had approx 700 LC. if you apply same math then 2800 ~ 3000 LC and 7500 visa needed for all EB2 Row.
Total EB2 has 40k. India and china consume 6k together. Now there should be SPILL of 24k visas to Eb2 India and china.
I am not talking about EB1 Spill ( Which is current till date ) . VO told that EB4 will have cutoff date for Still there can be spill from Eb5.
If no SPILL THEN DATE WILL NOT MOVE SINGLE DAY IN SEP. IF SPILL FROM EB2 only then it will move till MID 2004 . and If more spill then I see we will crossing 2004.
delhirocks
06-28 02:08 PM
http://www.jackson-hertogs.com/JH/memos/3090.pdf
Please see the attached document section B2.
It implies that one can apply for EAD even if I-140 is pending, but the said law firm advises against it if the case is not straight forward (Labor substitution etc...)
Also, I just got off the phone with my lawyer and she confirmed that
"Though it is advisable to apply for EAD after I-140 is approved, it is not neccesary".
In my particular case, since my H1 is valid till July'08, she mentioned it shouldn't be a problem. But she mentioned that they intend to convert the I-140 application to Premium, the moment USCIS reinstates it to be on the safer side.
Please see the attached document section B2.
It implies that one can apply for EAD even if I-140 is pending, but the said law firm advises against it if the case is not straight forward (Labor substitution etc...)
Also, I just got off the phone with my lawyer and she confirmed that
"Though it is advisable to apply for EAD after I-140 is approved, it is not neccesary".
In my particular case, since my H1 is valid till July'08, she mentioned it shouldn't be a problem. But she mentioned that they intend to convert the I-140 application to Premium, the moment USCIS reinstates it to be on the safer side.
more...
gg_ny
10-12 02:24 PM
This posting is not to dishearten anyone but to make everyone aware of the obstacles on the path. I followed up on Science article and talked to Jim Austin, the
lead for ScienceCareer efforts of Science journal group. The baseline of my conversation goes as: there is limited funding, limited opportunities even for US born scientists, then is it wise to "import on permanent basis" scientists from abroad?Yes, it is good to have the best here, but what we (USA) require is education and training of US-born first ...
Take home message for us guys is this: These are the people the congress hears out first when they want to make policy changes. These are the people who were able to convince NIH to double its funding in 5 years time a couple of years back. These are the people who are now saying that there is no job and money for US-born, so first get more fundingand training for us citizens, before you get foreigners to carry out research ...
It is obvious that the issue is becoming more and more acrimonious, entangled with a lot of other issues - both political and economic. Unless the retrogressed are willing to take this to heart and put up an intense effort, in coming years the matter is going to get worse. Next few months could be the only ***healthy*** window of time to achieve a remedy for retrogression. Not only the economy is driving anti-highskillimmigration groups more vocal, we are slowly finding the pro-immigrant support base thinning out because of very bad fiscal situations.
great work everyone. thank you nycgal and others that took initiative and pushed this effort further. committed members like all of you in this thread help us a lot by sending emails to reporters. several letters highlighting a particular issue generates interest in reporters and media orgs and they choose to write about us. It is not easy to get even a single article published in newspapers and it is due to the efforts of our members, we are able to generate awareness. There is still a long road ahead of us and I am sure with active participation from everyone, we will surely succeed.
lead for ScienceCareer efforts of Science journal group. The baseline of my conversation goes as: there is limited funding, limited opportunities even for US born scientists, then is it wise to "import on permanent basis" scientists from abroad?Yes, it is good to have the best here, but what we (USA) require is education and training of US-born first ...
Take home message for us guys is this: These are the people the congress hears out first when they want to make policy changes. These are the people who were able to convince NIH to double its funding in 5 years time a couple of years back. These are the people who are now saying that there is no job and money for US-born, so first get more fundingand training for us citizens, before you get foreigners to carry out research ...
It is obvious that the issue is becoming more and more acrimonious, entangled with a lot of other issues - both political and economic. Unless the retrogressed are willing to take this to heart and put up an intense effort, in coming years the matter is going to get worse. Next few months could be the only ***healthy*** window of time to achieve a remedy for retrogression. Not only the economy is driving anti-highskillimmigration groups more vocal, we are slowly finding the pro-immigrant support base thinning out because of very bad fiscal situations.
great work everyone. thank you nycgal and others that took initiative and pushed this effort further. committed members like all of you in this thread help us a lot by sending emails to reporters. several letters highlighting a particular issue generates interest in reporters and media orgs and they choose to write about us. It is not easy to get even a single article published in newspapers and it is due to the efforts of our members, we are able to generate awareness. There is still a long road ahead of us and I am sure with active participation from everyone, we will surely succeed.
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chanduv23
05-14 11:19 AM
When in Rome do as the Romans do.. start eating burgers & you will develop the much needed 'thick' skin.. that should keep you immuned to all those bickerings..
Like CNNs Sanjay Gupta once quoted "Immigrants come to America to pursue their American Dream but eventually pursue the American Bulge by eating American food"
:D
Like CNNs Sanjay Gupta once quoted "Immigrants come to America to pursue their American Dream but eventually pursue the American Bulge by eating American food"
:D
more...
yabayaba
08-19 09:58 AM
Wow OOOOOOOOLLLLLLLLLDD thread.
Here is new link (HR 2709, Jun 4):
H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
What is the status on this Bill? Any updates?
Here is new link (HR 2709, Jun 4):
H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
What is the status on this Bill? Any updates?
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vinaypuri
02-28 06:56 PM
I don't think it will go thro. In this economic state
more...
Khujaokutta
03-17 11:54 AM
I would sincerely recommend we appoint one among us to run the 'Bullietin Patra',
I would suggest Vilas Rao, i really look forward to his optimistic predictions......
My vote is for Vilas Rao....:D
I would suggest Vilas Rao, i really look forward to his optimistic predictions......
My vote is for Vilas Rao....:D
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qplearn
10-10 04:25 PM
Did you guys noticed? Schedule A is retrogressed.
Nurses and Physio will make big noise. Probably politicial will listen more fothem.
All are above 65 and they need thei help !!!!
Retroed by 1 yr. Wonder how much impact that will have. Does anyone know?
Nurses and Physio will make big noise. Probably politicial will listen more fothem.
All are above 65 and they need thei help !!!!
Retroed by 1 yr. Wonder how much impact that will have. Does anyone know?
more...
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crazyAbtUS
12-16 11:07 AM
Buddy,
everyone loves their money....but think if nothing will change how much of your loved money you will spend every year to renew EAD and AP...just do the calculations and you will think that it is worth to part some of our loved money..
No offense Nik..but dude my company actually pays for it..so no loss..in renewing EAD..but unfortunatly my EAD is not yet approved..so I am not yet there.....SAD
everyone loves their money....but think if nothing will change how much of your loved money you will spend every year to renew EAD and AP...just do the calculations and you will think that it is worth to part some of our loved money..
No offense Nik..but dude my company actually pays for it..so no loss..in renewing EAD..but unfortunatly my EAD is not yet approved..so I am not yet there.....SAD
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chanduv23
12-15 10:11 AM
Denied licenses, legal immigrants sue state Registry
Say status wrongly contested
By Yvonne Abraham, Globe Staff | December 15, 2006
Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.
According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.
In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.
"They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."
Wunsch said hundreds of other immigrants have similarly been denied licenses.
A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.
Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.
In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.
All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.
In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.
Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.
But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."
She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.
In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.
Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.
"The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.
The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.
Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.
"This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."
One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.
One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.
When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.
The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.
"Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.
The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.
The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.
Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.
Earlier this year, I haad problems getting a driver's lisence in CT, the officer would not accept my h1b papers and would say it is fake. I wrote a strong complaint to DMV and they replied back to me that I must go back to DMV and go through the process again and if I have trouble again, I must report to DMV. I went next time and I got it.
Most times it is improper education that makes people do it. They keep hearing negative thhings about immigrants and they be advised by their bosses to strictly scrutinize immigrants, and they try to experiment their crack down on us. It is very unfortunate that such things are happening.
There seems to be an agenda to catch illegal immigrants. As Illegals who cross the border are getting busted through raids, those who violate visa regulations or overstay visas, or do not have proper work authorization come under strict scrutiny when they approach govt agencies. Unfortunately, it is us legal immigrants who are bearing the brunt because we also go through the same scrutinity. DMV people are not educated in immigration law ,so is the common public and it is this process that's hurting us a lot.
Say status wrongly contested
By Yvonne Abraham, Globe Staff | December 15, 2006
Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.
According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.
In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.
"They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."
Wunsch said hundreds of other immigrants have similarly been denied licenses.
A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.
Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.
In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.
All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.
In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.
Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.
But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."
She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.
In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.
Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.
"The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.
The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.
Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.
"This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."
One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.
One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.
When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.
The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.
"Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.
The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.
The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.
Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.
Earlier this year, I haad problems getting a driver's lisence in CT, the officer would not accept my h1b papers and would say it is fake. I wrote a strong complaint to DMV and they replied back to me that I must go back to DMV and go through the process again and if I have trouble again, I must report to DMV. I went next time and I got it.
Most times it is improper education that makes people do it. They keep hearing negative thhings about immigrants and they be advised by their bosses to strictly scrutinize immigrants, and they try to experiment their crack down on us. It is very unfortunate that such things are happening.
There seems to be an agenda to catch illegal immigrants. As Illegals who cross the border are getting busted through raids, those who violate visa regulations or overstay visas, or do not have proper work authorization come under strict scrutiny when they approach govt agencies. Unfortunately, it is us legal immigrants who are bearing the brunt because we also go through the same scrutinity. DMV people are not educated in immigration law ,so is the common public and it is this process that's hurting us a lot.
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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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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
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mrdelhiite
07-02 04:07 AM
We mailed my wife's PP on the 29th. I spoke to the customer service rep at USCIS and he said post mark date is what they see. But I have been seeing other websites say that its got to be received. Thats doesnt sound logical. So wait and watch I guess.
it has to reach USCIS by 29th ... those customer reps are so ignorent if you call them today and ask about when is the getting suspended they will say they have no clue.... dont believe them ...it is effective july 2. Sorry to give you the bad news.
-M
it has to reach USCIS by 29th ... those customer reps are so ignorent if you call them today and ask about when is the getting suspended they will say they have no clue.... dont believe them ...it is effective july 2. Sorry to give you the bad news.
-M
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Madhuri
04-13 04:32 PM
^^^^^
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LONGGCQUE
05-31 08:40 AM
Anything for EB relief ? I dont see a content in the bill language.
dvijay
03-22 09:24 AM
Yes, I got a CD from USCIS with all my I-140. I requested for copy of I-140 approval notice corresponding to I-140 tracking number SRC.XXXXXXXXXXX. This is the same number I got from my employer for online tracking on USCIS website. It took over 4 months. I submitted this as soon as got approval on my I-140. If you dont have the tracking number, you may try to get your A# from employer or attorney. You can use the same reason that you are changing address or that you need it for visa stamping. I believe they ask for A# in visa interview form.
I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.
Hi,
Can you tell me how long it it took for you to get the CD from the time the status changed to "your request has been processed"? Mine got processed on 02/07/2011 but I still havent received the CD. Today is 03/22/2011.
Thanks
I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.
Hi,
Can you tell me how long it it took for you to get the CD from the time the status changed to "your request has been processed"? Mine got processed on 02/07/2011 but I still havent received the CD. Today is 03/22/2011.
Thanks
hunkuncontrolled
04-02 01:31 PM
Then call senator grassley and ask these questions and prove you have the BALLS!!!! Otherwise you know what it means.
I am not sure abt Senator Grassley and others but someone in your home could answer your curiosity about my balls. lol...Take your shot man
I am not sure abt Senator Grassley and others but someone in your home could answer your curiosity about my balls. lol...Take your shot man
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