vicky007
05-10 12:16 PM
Sorry, the link is not working anymore.
But here is the complete report of the proposed measure:
WASHINGTON - Employers would have to check Social Security numbers and the immigration status of all new hires under a tentative Senate agreement on toughening sanctions against people who provide jobs to illegal immigrants.
Those who don't and who hire an illegal immigrant would be subject to fines of $200 to $6,000 per violation.
Employers found to have actually hired illegal immigrants once an electronic system for the checks is in place could be fined up to $20,000 per unauthorized worker and even sentenced to jail for repeat offenses.
What to do with people who hire illegal immigrants has been one of the stumbling points in putting together a broad immigration bill that tightens borders, but also addresses the estimated 12 million illegal immigrants now in the United States.
Congress left it to employers to ensure they were hiring legal workers when they passed an immigration law in 1986 and provided penalties for those who didn't. But the law was not strictly enforced and the market grew for fraudulent documents.
Senate Republicans and Democrats are hoping this week to reach a compromise on more contentious parts of the immigration bill so they can vote on it before Memorial Day.
The employer sanctions were negotiated separately from other parts of the broader bill after some senators raised concerns about privacy of tax information, liability of employers and worker protections.
Employers are wary of the system Congress wants them to use and say it would be unreliable.
"What's going to happen when you have individuals legally allowed to work in the United States, but they can't confirm it?" asked Angelo Amador, director of immigration policy at the U.S. Chamber of Commerce.
Critics say expanding a Web-based screening program, now used on a trial basis by about 6,200 employers, to cover everyone might create a version of the no-fly lists used for screening airline passengers after the Sept. 11, 2001, terrorist attacks. Infants and Democratic Sen. Edward M. Kennedy (news, bio, voting record) of Massachusetts were among people barred from boarding a plane because names identical to their own were on a government list of suspected terrorists.
"This will be the no-work list," predicted Tim Sparapani, attorney for the American Civil Liberties Union.
Last year, employers in the trial screening program submitted names and identifying information on more than 980,000 people. Of them, about 148,000 were flagged for further investigation. Only 6,202 in that group were found to be authorized to work.
U.S. citizens could come up as possible illegal workers if, for example, they change their last names when they marry but fail to update Social Security records.
All non-citizens submitted to the system are referred to the Homeland Security Department, even if their Social Security number is valid.
A bill passed by the House would impose stiff employer sanctions, but does not couple them with a guest worker program, drawing opposition from business. The bill also would give employers six years to screen all previously hired employees still on the payroll as well as new hires — altogether, about 140 million people.
The Senate agreement proposes screening all new hires but only a limited number of people hired previously _specifically, those who have jobs important to the nation's security.
Negotiating the Senate agreement are Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana.
Their plan would give employers 18 months to start using the verification system once it is financed. It would create a process for workers to keep their jobs and be protected from discrimination while contesting a finding that they are not authorized to work.
To check compliance and fight identity theft, the legislation would allow the Homeland Security Department limited access to tax and Social Security information.
The Social Security Administration, for example, would give homeland security officials lists of employers who submit large numbers of employees who are not verified as legal workers. The Internal Revenue Service would provide those employers' tax identification numbers, names and addresses.
Social Security also would share lists of Social Security numbers repeatedly submitted to the verification system for different jobs.
The senators also want to increase the number of work site investigators to 10,000, a 50-fold increase.
President Bush asked Congress in January to provide more than $130 million to expand the trial system. That's not expected to be enough.
Once the above plan is agreed to , the senators will be able to come to a way out of the present CIR impasse.
"Report indicates that the Senate leaders have been working on contentious parts of the comprehensive immigration reform proposal as separate from the whole bill to crack the logjam. For instance, Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana formed a team to negotiate the Senate agreement on the employer sanctions for hiring illegal aliens, and successfully reached an agreement".
But here is the complete report of the proposed measure:
WASHINGTON - Employers would have to check Social Security numbers and the immigration status of all new hires under a tentative Senate agreement on toughening sanctions against people who provide jobs to illegal immigrants.
Those who don't and who hire an illegal immigrant would be subject to fines of $200 to $6,000 per violation.
Employers found to have actually hired illegal immigrants once an electronic system for the checks is in place could be fined up to $20,000 per unauthorized worker and even sentenced to jail for repeat offenses.
What to do with people who hire illegal immigrants has been one of the stumbling points in putting together a broad immigration bill that tightens borders, but also addresses the estimated 12 million illegal immigrants now in the United States.
Congress left it to employers to ensure they were hiring legal workers when they passed an immigration law in 1986 and provided penalties for those who didn't. But the law was not strictly enforced and the market grew for fraudulent documents.
Senate Republicans and Democrats are hoping this week to reach a compromise on more contentious parts of the immigration bill so they can vote on it before Memorial Day.
The employer sanctions were negotiated separately from other parts of the broader bill after some senators raised concerns about privacy of tax information, liability of employers and worker protections.
Employers are wary of the system Congress wants them to use and say it would be unreliable.
"What's going to happen when you have individuals legally allowed to work in the United States, but they can't confirm it?" asked Angelo Amador, director of immigration policy at the U.S. Chamber of Commerce.
Critics say expanding a Web-based screening program, now used on a trial basis by about 6,200 employers, to cover everyone might create a version of the no-fly lists used for screening airline passengers after the Sept. 11, 2001, terrorist attacks. Infants and Democratic Sen. Edward M. Kennedy (news, bio, voting record) of Massachusetts were among people barred from boarding a plane because names identical to their own were on a government list of suspected terrorists.
"This will be the no-work list," predicted Tim Sparapani, attorney for the American Civil Liberties Union.
Last year, employers in the trial screening program submitted names and identifying information on more than 980,000 people. Of them, about 148,000 were flagged for further investigation. Only 6,202 in that group were found to be authorized to work.
U.S. citizens could come up as possible illegal workers if, for example, they change their last names when they marry but fail to update Social Security records.
All non-citizens submitted to the system are referred to the Homeland Security Department, even if their Social Security number is valid.
A bill passed by the House would impose stiff employer sanctions, but does not couple them with a guest worker program, drawing opposition from business. The bill also would give employers six years to screen all previously hired employees still on the payroll as well as new hires — altogether, about 140 million people.
The Senate agreement proposes screening all new hires but only a limited number of people hired previously _specifically, those who have jobs important to the nation's security.
Negotiating the Senate agreement are Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana.
Their plan would give employers 18 months to start using the verification system once it is financed. It would create a process for workers to keep their jobs and be protected from discrimination while contesting a finding that they are not authorized to work.
To check compliance and fight identity theft, the legislation would allow the Homeland Security Department limited access to tax and Social Security information.
The Social Security Administration, for example, would give homeland security officials lists of employers who submit large numbers of employees who are not verified as legal workers. The Internal Revenue Service would provide those employers' tax identification numbers, names and addresses.
Social Security also would share lists of Social Security numbers repeatedly submitted to the verification system for different jobs.
The senators also want to increase the number of work site investigators to 10,000, a 50-fold increase.
President Bush asked Congress in January to provide more than $130 million to expand the trial system. That's not expected to be enough.
Once the above plan is agreed to , the senators will be able to come to a way out of the present CIR impasse.
"Report indicates that the Senate leaders have been working on contentious parts of the comprehensive immigration reform proposal as separate from the whole bill to crack the logjam. For instance, Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana formed a team to negotiate the Senate agreement on the employer sanctions for hiring illegal aliens, and successfully reached an agreement".
webm
04-08 11:10 AM
Please see my signature for details.
__________________
PD - Oct 1st 2001
140 AD-Sep'2005
I-485 - RD - 2007 June 25th.--TSC
__________________
PD - Oct 1st 2001
140 AD-Sep'2005
I-485 - RD - 2007 June 25th.--TSC
Becks
02-23 09:15 PM
I think Degree+Experience is checked mostly during 140 stage. I have not seen this requirement for AC21 anywhere. All i have been hearing is the new jobs should be same or similar with job code/ job title / duties. So check with your lawyers again.
gcnirvana
06-15 12:43 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
more...
nixstor
09-17 02:09 PM
Paskal,
That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.
That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.
rkumar18
07-08 11:22 PM
Even I feel very selfish to go ask for their help for a set of relatively well to do, when we know we don't pay taxes in "motherland" Most of us graduated on Goverment Money and not giving anything back.
what an irony...asking our government to help us become permanent residents to another country!!
what an irony...asking our government to help us become permanent residents to another country!!
more...
a_yaja
03-19 11:26 AM
For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.
Thanks!
How would you put AGI = $0. Would not the AGI be calculated by the tax software? I used TaxACT to efile, and it calculated everything for me. I didn't have an option to enter the AGI anywhere. For e-file, the name/ SSN/ birthdate combination should match (or name/ ITIN/ birthdate if you are using ITIN) - that is the only requirement. The second part is the one where you either send in the 8453 OL form or you enter the exact amount from the 2006 returns (in which case you don't need to mail 8453 OL). I choose the 8453 OL route and I received my tax refund in exactly two weeks.
I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.
Thanks!
How would you put AGI = $0. Would not the AGI be calculated by the tax software? I used TaxACT to efile, and it calculated everything for me. I didn't have an option to enter the AGI anywhere. For e-file, the name/ SSN/ birthdate combination should match (or name/ ITIN/ birthdate if you are using ITIN) - that is the only requirement. The second part is the one where you either send in the 8453 OL form or you enter the exact amount from the 2006 returns (in which case you don't need to mail 8453 OL). I choose the 8453 OL route and I received my tax refund in exactly two weeks.
deepakjain
01-21 03:25 PM
I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
more...
qualified_trash
06-29 03:13 PM
Without getting into specifics of shady companies etc., I can tell you this. The GC process sponsored by an employer is indeed employ-centric in the sense that, it has to be initiated by an employer.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
rahulpatel
08-14 04:35 PM
Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
more...
lvaka
07-18 10:58 AM
I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.
Correct me If I'm wrong.
Here is the Actual update link from USCIS.gov
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
You can go to USCIS.gov page and look for the press releases.
New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.
Good luck.
Correct me If I'm wrong.
Here is the Actual update link from USCIS.gov
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
You can go to USCIS.gov page and look for the press releases.
New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.
Good luck.
add78
02-13 11:06 AM
do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????
Yes, it is MANDATORY for your employer (regardless of where the headquarters are) to issue an LCA amendment that MUST BE posted at the client location (usually by the employee) when you begin work at client site, for 10 days and sent back with date posted, where posted and date removed to the employer (faxed/scanned-emailed/mailed)
Yes, it is MANDATORY for your employer (regardless of where the headquarters are) to issue an LCA amendment that MUST BE posted at the client location (usually by the employee) when you begin work at client site, for 10 days and sent back with date posted, where posted and date removed to the employer (faxed/scanned-emailed/mailed)
more...
I-485 approval
08-24 10:52 AM
Hello Prashanthi
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
lostinbeta
10-21 01:32 AM
I was thinking more of tucked in between the leaves and the symbols in the lower right hand corner (but sticking out a bit so it is all showing and not convered by the leaves and symbols).
It is your image though, so put it wherever you want.
Suggestion: don't keep it there (I am such a hypocrite sometimes :P )
It is your image though, so put it wherever you want.
Suggestion: don't keep it there (I am such a hypocrite sometimes :P )
more...
haifromsk@yahoo.com
10-15 02:49 PM
I-9 is a USCIS document so i would guess it goes to uscis
kiranberu
03-14 07:16 PM
This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
more...
chanduv23
03-14 08:44 PM
This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.
I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.
I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.
ita
06-17 02:33 PM
Do u have to inform USCIS everytime u change job or just first time would be sufficient?
Thank you.
Thank you.
purplehazea
05-11 04:36 PM
http://www.npr.org/templates/story/story.php?storyId=5398818
desi3933
07-31 04:11 PM
....
....
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
......
......
Thanks.
1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.
2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.
The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.
Good Luck.
________________________
Not a legal advice.
US Permanent Resident since 2002
....
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
......
......
Thanks.
1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.
2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.
The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.
Good Luck.
________________________
Not a legal advice.
US Permanent Resident since 2002
masti_Gai
10-27 08:20 AM
we need to take all the originals if we have to attend a visa stampin interview.
but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.
but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.
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