gcseeker2002
12-06 09:30 PM
You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
I have already waited 90 days, my RD is July 02, ND is July 27.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
I have already waited 90 days, my RD is July 02, ND is July 27.
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Daisy
10-12 02:50 PM
Sent emails to letters@economist.com and submit_help@aaas.org
lazycis
12-31 10:42 AM
dont want to judge ur sentiments, but think about this.
if GOD only cares abt people who constantly praises god, then muslim countries should do way way better :D they pray so many times a day. nobody follows religion and GOD like muslims do :D, not even hard core christians :D. even hindus pray a lot. US growth is clearly not due to the things u mentioned :D. its due to their relentless pursuit of growth. along with GOD US also believes in 'free will'. btw, i am not atheist, but just AGNOSTIC.
How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?
Here are some facts from the American history about God's protection over this land:
During July/August 1776 the British sailed some 450 warships and support ships into the New York Harbor to quell the rebellion in the Colonies. These ships contained some 32,000 troops (British and Hessians) as well as 10,000 seamen. This was one or the largest armadas ever assembled in the New World. This awesome sight caused alarm among the citizens of New York and the 20,000 rag-tag citizen army gathered to defend their freedoms.
"And there had been an incident that deeply troubled the German soldiers. On a hot August night, just before they went into action, hundreds of British and Germans had sat around an enormous bonfire, laughing and cheering while four rebel leaders were burned in effigy. The figures of John Witherspoon, President of the College at Princeton, and ' Generals Washington, Israel Putman, and Charles Lee had just been set afire when a wild thunderstorm suddenly interrupted the fun."
'The soldiers dashed for whatever shelter they could find, and after the rain had passed, some of the men returned to the vicinity of the bonfire to discover that three of the dummies had been consumed by the flames but the effigy of George Washington remained intact, as good as it ever was. The symbolism was not lost on the foreigners; as a British deserter relayed the story, the incident caused a great deal of fear among the Hessian troops, most of whom are very superstitious."
Within twenty-four hours of the bonfire incident, an attack was launched against Washington and his troops on Long Island. The results of which gave the Hessians even more to ponder. The British naval forces attempted to sail up the Long Island sound where they would unload some of their forces and then launch an attack on land, placing Washington and his forces in a pincer trap. However for 24 hours they were unable to sail their ships up the sound because of high winds and waves. Not to be deterred by this they went ahead and launched their land forces and started their advance up Long Island confident that within several days "this ugly little conflict would be over." By dusk they had driven the Americans and beaten them to the point that the British Commander felt that, "On the morrow he would quickly and decisively end the conflict."
The British could hear the Americans digging their trenches and setting their camps since the prevailing wind was in their favor. However, later in the evening the winds reversed and allowed the Americans to hear the British. Then it started to rain and later that evening a dense fog settled over Long Island. (In August?) Washington had earlier recognized the potential dilemma and requested that boats be gathered in preparation for a retreat should it prove necessary. After the fog settled in, Washington's troops, animals and hardware were ferried across the sound to New York under the cover of the dense fog without being detected. This was done in spite of the fact that they were within shouting distance of the British and Hessians. Early the next morning the British started their advance, only to discover that the rebels had successfully moved out under cover of the fog and darkness. It is hard to imagine a more visible demonstration of Providence's hand than all the incidents surrounding this event.
(The Winter Soldiers, by Richard M. Ketchum, 1973, pp; 107-110)
if GOD only cares abt people who constantly praises god, then muslim countries should do way way better :D they pray so many times a day. nobody follows religion and GOD like muslims do :D, not even hard core christians :D. even hindus pray a lot. US growth is clearly not due to the things u mentioned :D. its due to their relentless pursuit of growth. along with GOD US also believes in 'free will'. btw, i am not atheist, but just AGNOSTIC.
How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?
Here are some facts from the American history about God's protection over this land:
During July/August 1776 the British sailed some 450 warships and support ships into the New York Harbor to quell the rebellion in the Colonies. These ships contained some 32,000 troops (British and Hessians) as well as 10,000 seamen. This was one or the largest armadas ever assembled in the New World. This awesome sight caused alarm among the citizens of New York and the 20,000 rag-tag citizen army gathered to defend their freedoms.
"And there had been an incident that deeply troubled the German soldiers. On a hot August night, just before they went into action, hundreds of British and Germans had sat around an enormous bonfire, laughing and cheering while four rebel leaders were burned in effigy. The figures of John Witherspoon, President of the College at Princeton, and ' Generals Washington, Israel Putman, and Charles Lee had just been set afire when a wild thunderstorm suddenly interrupted the fun."
'The soldiers dashed for whatever shelter they could find, and after the rain had passed, some of the men returned to the vicinity of the bonfire to discover that three of the dummies had been consumed by the flames but the effigy of George Washington remained intact, as good as it ever was. The symbolism was not lost on the foreigners; as a British deserter relayed the story, the incident caused a great deal of fear among the Hessian troops, most of whom are very superstitious."
Within twenty-four hours of the bonfire incident, an attack was launched against Washington and his troops on Long Island. The results of which gave the Hessians even more to ponder. The British naval forces attempted to sail up the Long Island sound where they would unload some of their forces and then launch an attack on land, placing Washington and his forces in a pincer trap. However for 24 hours they were unable to sail their ships up the sound because of high winds and waves. Not to be deterred by this they went ahead and launched their land forces and started their advance up Long Island confident that within several days "this ugly little conflict would be over." By dusk they had driven the Americans and beaten them to the point that the British Commander felt that, "On the morrow he would quickly and decisively end the conflict."
The British could hear the Americans digging their trenches and setting their camps since the prevailing wind was in their favor. However, later in the evening the winds reversed and allowed the Americans to hear the British. Then it started to rain and later that evening a dense fog settled over Long Island. (In August?) Washington had earlier recognized the potential dilemma and requested that boats be gathered in preparation for a retreat should it prove necessary. After the fog settled in, Washington's troops, animals and hardware were ferried across the sound to New York under the cover of the dense fog without being detected. This was done in spite of the fact that they were within shouting distance of the British and Hessians. Early the next morning the British started their advance, only to discover that the rebels had successfully moved out under cover of the fog and darkness. It is hard to imagine a more visible demonstration of Providence's hand than all the incidents surrounding this event.
(The Winter Soldiers, by Richard M. Ketchum, 1973, pp; 107-110)
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lalithkx
06-26 04:03 PM
Anyone got their AP renewal approved? How long it is taking these days?
I applied for EAD and AP renewals concurrently on May 28th and sent following support docs for AP.
1. 2 photos.
2. old AP copy
3. I-485 copy
4. Passport biometric pages
5. EAD copy
FP appnt on June 23rd.
AP Approved e-mail on June 23rd.
My wife's Receipt was just 10 nos difference but she hasn't got it yet.
Hope it helps
I applied for EAD and AP renewals concurrently on May 28th and sent following support docs for AP.
1. 2 photos.
2. old AP copy
3. I-485 copy
4. Passport biometric pages
5. EAD copy
FP appnt on June 23rd.
AP Approved e-mail on June 23rd.
My wife's Receipt was just 10 nos difference but she hasn't got it yet.
Hope it helps
more...
aadimanav
07-14 04:00 PM
Can you please give the details of people whom to send, their name, email id, fax no .. or any other details
http://www.visi.com/juan/congress/
http://www.visi.com/juan/congress/
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.
more...
deepikak
06-03 01:21 PM
http://www.opencongress.org/bill/110-h5882/show
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gk_2000
03-09 03:15 PM
Not to spark a fight or anything, but I would like to congratulate all the EB3I's who became current since Jan.. great going! We are at April 02!
more...
realizeit
02-11 12:05 PM
This is an amazing forum, and I would like to thank you all for the useful information.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
You may have an alternate option without taking the MS...
See the following link: RAMPS International INC. - Immigration Information (http://www.rampscorp.com/immigration.htm)
In the case of H1 it says: "....An accredited United States evaluation company can provide an evaluation whereby three years of progressive work experience are considered equivalent to one year of college education in the event the foreign national has only a three year bachelors degree....".
So, I think it is really worthy to explore whether it is possible to convert 3 years of experience into 1 year equivalent of education.
I do not think, you really need to take an MS to be considered for EB2. Contact Murthy law firm, I think they will definitely be able to handle difficult cases like this.
Or else, you just take a 20 minute appointment with one of their experienced lawyers and they will be able to give you a firm answer. It costs somewhere between $150 and $250 for a 20 mt appointment.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
You may have an alternate option without taking the MS...
See the following link: RAMPS International INC. - Immigration Information (http://www.rampscorp.com/immigration.htm)
In the case of H1 it says: "....An accredited United States evaluation company can provide an evaluation whereby three years of progressive work experience are considered equivalent to one year of college education in the event the foreign national has only a three year bachelors degree....".
So, I think it is really worthy to explore whether it is possible to convert 3 years of experience into 1 year equivalent of education.
I do not think, you really need to take an MS to be considered for EB2. Contact Murthy law firm, I think they will definitely be able to handle difficult cases like this.
Or else, you just take a 20 minute appointment with one of their experienced lawyers and they will be able to give you a firm answer. It costs somewhere between $150 and $250 for a 20 mt appointment.
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la_guy
03-15 09:47 PM
Criminal lawyers charge exorbitant fees and they dont do anything. There is a free show in kgo in bay area (http://www.kgoradio.com/) by a lawyer named as Len Tillem (www.lentillem.com). You tell your issue in the radio show and he can give you valuable suggestions. His program runs everyday from 12 to 1pm and in sundays from 3 to 7pm... Go checkout...
more...
gaz
04-20 12:01 PM
it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
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aj_jadeja
10-12 04:40 PM
used AILA link,
sent to 5 tv statiosn and 5 major news papers of CO. will send to more .
cheers
aj
sent to 5 tv statiosn and 5 major news papers of CO. will send to more .
cheers
aj
more...
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sagar_nyc
09-05 02:31 PM
While AP entry officer Stamped date one year back on my I 94 and AP Doc.Which means my stay was already expired before entry . Thank god I verified all dates before leaving counter. He changed it immediately. My advice to guys check it all before you leave counter. You never know which things can come back and haunt you.
you should possibly also carry a copy of the AP application. At least my application clearly stated that travel was for business/personal reasons...
I am sorry you had a bad experience...possibly because of the officer's ignorance...worth a complaint...maybe you can draft something with your lawyer....don't just ignore such bad behavior...
I have travelled on AP and didn't have any problems..although the officer stamped a wrong date (one day earlier) on my passport..talk about incompetence
you should possibly also carry a copy of the AP application. At least my application clearly stated that travel was for business/personal reasons...
I am sorry you had a bad experience...possibly because of the officer's ignorance...worth a complaint...maybe you can draft something with your lawyer....don't just ignore such bad behavior...
I have travelled on AP and didn't have any problems..although the officer stamped a wrong date (one day earlier) on my passport..talk about incompetence
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LONGGCQUE
05-31 08:40 AM
Anything for EB relief ? I dont see a content in the bill language.
more...
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jasmin45
08-25 12:24 PM
I have been thru this situation and luckly got the H1 extention on time to get it renewed the day it was suppose to expire.. I am sure this is going to be a problem for a lot of people in comming days due to mountain of applications to be processed by uscis.
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bluekayal
10-17 11:17 AM
Gave in and sent PP by Fedex yesterday for Schedule A, grp 2 case.My attorney did not advise me to PP nor did a legally brain I turn to for advice. He said its likely that I would get approved even during retrogression.
But I decided its better to know sooner than later, preferably before spouse started using EAD, and if a miracle happens (who can prevent miracles?) the 485 could also get approved concurrently with the 140.... And because I have 13 days more before retrogression hits. And because I saw people reportiing really qiuck turn around after PP. My employer was willing to pay half as well...
Well plus I did not want to be stuck in the general EB2 pool (India) which looks like its a black hole. I have an approved labor from 2004 there.(yet to file 140 for that one)..so didn't see a reason to be stuck there with a 2006 PD.
I still wonder if my reasons were sane and if my hasty action mght prevent my spouse from working -- if the 140 gets denied...Well, we'll take it as it comes..it may mean goodbye to the US or something..
BTW as far as I know, retrogression doesn't start till November 1st.
Bluekayal
Bluekayal
I had all paper work ready for PP and were sent to my Lawyer for premium processing of my Sch. A case. But retrogession occured that night in Nov. visa bulletin. So my lawyer advised me that it is not advantageous to go for it unless your date is current. So we did not filed it.
As I remeber you were not ready for premium process. Any reason or justification for rethinking your decision? let me know if you can outline some advatage of PP of Sch. A at this point, or have seen some cases which enjoyed some advantage due to PP very recently.
But I decided its better to know sooner than later, preferably before spouse started using EAD, and if a miracle happens (who can prevent miracles?) the 485 could also get approved concurrently with the 140.... And because I have 13 days more before retrogression hits. And because I saw people reportiing really qiuck turn around after PP. My employer was willing to pay half as well...
Well plus I did not want to be stuck in the general EB2 pool (India) which looks like its a black hole. I have an approved labor from 2004 there.(yet to file 140 for that one)..so didn't see a reason to be stuck there with a 2006 PD.
I still wonder if my reasons were sane and if my hasty action mght prevent my spouse from working -- if the 140 gets denied...Well, we'll take it as it comes..it may mean goodbye to the US or something..
BTW as far as I know, retrogression doesn't start till November 1st.
Bluekayal
Bluekayal
I had all paper work ready for PP and were sent to my Lawyer for premium processing of my Sch. A case. But retrogession occured that night in Nov. visa bulletin. So my lawyer advised me that it is not advantageous to go for it unless your date is current. So we did not filed it.
As I remeber you were not ready for premium process. Any reason or justification for rethinking your decision? let me know if you can outline some advatage of PP of Sch. A at this point, or have seen some cases which enjoyed some advantage due to PP very recently.
more...
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supu
04-22 12:43 AM
I also got a RFE from nabreska , but finally got approved.
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
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Michael chertoff
02-08 05:23 PM
Try Tri Valley
Dear friend, Please dont make fun of him. he is asking a genuine questions, if you can answer then answer otherwise just keep quite. I can understand his pain, where so many new kids qualify for EB2 without any experience this gentleman is looking for MS degree to prove his 17 years of experience for EB2.
Thanks
MC
Dear friend, Please dont make fun of him. he is asking a genuine questions, if you can answer then answer otherwise just keep quite. I can understand his pain, where so many new kids qualify for EB2 without any experience this gentleman is looking for MS degree to prove his 17 years of experience for EB2.
Thanks
MC
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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.
ganip
03-18 04:01 PM
Did anyone of you use AP to come back and the name is not correct, i have a situation where my
middle name is missing one alphabet and i am worried if that would be an issue while coming back from India.
middle name is missing one alphabet and i am worried if that would be an issue while coming back from India.
gc_mania_03
11-08 10:07 AM
msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.
Well said!!
We as IV members need to understand that this group represents groups from different nations and regions. Comments such as these that create a notion that this group represents particular group of immigrants, should be outright banned.
I have seen various instances of localized dialects being used by excited/frustrated IV members. A little bit of maturity and thought while posting on this forum would help us with our cause and harm us less.
-gc_mania_03
Well said!!
We as IV members need to understand that this group represents groups from different nations and regions. Comments such as these that create a notion that this group represents particular group of immigrants, should be outright banned.
I have seen various instances of localized dialects being used by excited/frustrated IV members. A little bit of maturity and thought while posting on this forum would help us with our cause and harm us less.
-gc_mania_03
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