URGENT:No More EAD renewals, No More H1Bs for some: Employ America Act

[pappu]

WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

IV is working on defeating this amendment. Please stay tuned for further updates.

On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010

Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CERTIFICATION REQUIREMENT.

(a) Short Title.--This section may be cited as the ``Employ America Act''.

(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

(1) the date on which such individual will no longer be authorized to work in the United States; and

(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

[ak_2006]

Thanks Pappu to bring this to every notice of IV Community. It looks like they want to send every body out except citizens or GC holders.

[svr_76]

I dont want to undermine the need of the hour to contribute to IV/other efforts however-

From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.

This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.

EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.


What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).

[hpandey]

I think we should also work on making sure that Mr Grassley et al don't get elected to the Senate the next time so that they are not able to bring these useless racist amendments. They will only realize it when it will hurt them politically. All the H1b's and AOS people have relatives or friends who are well qualified to vote . They should encourage everyone to vote against these bigoted people .:mad:

[vbkris77]

This if enacted will get all the so called "non-desi" employees/employers. Remember in last one year there was no major employer without layoffs.

[sriramkalyan]

May be we should do some thing dramatic. Like sending letter to Canadian Government, here we are 1000 skilled people with extensive experience and International degrees. Collectively we going to bring in $1 million or more. Can you expedite our Permanent residency!!

All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.

[WAIT_FOR_EVER_GC]

WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

IV is working on defeating this amendment. Please stay tuned for further updates.

On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010

Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CERTIFICATION REQUIREMENT.

(a) Short Title.--This section may be cited as the ``Employ America Act''.

(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

(1) the date on which such individual will no longer be authorized to work in the United States; and

(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

What should we do. I am in tell me what I need to do?

[svr_76]

@hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.

[greyhair]

May be we should do some thing dramatic. Like sending letter to Canadian Government, here we are 1000 skilled people with extensive experience and International degrees. Collectively we going to bring in $1 million or more. Can you expedite our Permanent residency!!

All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.

Although USCIS does not report to Congress, USCIS merely implement the laws created by 100 Senators and 435 House members. Our anger towards USCIS is mis-directed. The anger and focus should be on the Congress to pass the laws that will fix green card wait time.

All Senators are actors. They pretend that they know our problems but they actually do not do anything to fix our issues. Otherwise, why would this amendment have 70 votes as pappu said in his post.

[hpandey]

@hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.

I think it is racist because accordinging to Mr Grassley H1B= Indians .. that is how short sighted he is.

Just think how many Indians and chinese would be affected and how many from ROW. What is it if not racism\discrimination whatever you might want to call it.

If he thinks his amendments are going to bring jobs to America he is really ignorant of how the world works. If his idea is that these hundreds of thousands of H1b and AOS people are just going to pack up their bags and leave their jobs behind he is mistaken. Not everyone does a job in which he can be fired on Friday and on Monday someone else can replace him. A lot of us do jobs which cannot be replaced easily .

[gc28262]

svr_76,
Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.

Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.

[sage2006]

Track the status of this bill -

S. 2804: Employ America Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-2804)

We can read between the lines and be as optimistic as we want..but I do not see anything in the text that excludes EADs.
As per pappu's initial email, everyone - H1B, EAD, L1 etc etc (except GC holders and citizens) are impacted by this bill.

What is the guidance to IV members? Start contacting the senators in the senate committee that deliberating on it and impress upon them to oppose this draconian bill?

[sriramkalyan]

I believe passing any law to make Immigrants life easy wont help Politicians in 2010 elections.
I remember Senator John cornyn did try to do some thing about it, but democrat Senators, Republican house was against it. That was before pre- recession. Now with 9.7% unemployment ..Politicians cannot do anything. Anything can happen only on USCIS budget side. Either they have to make Visa Current , new applications & Dollars. Or e rising FEES, Which they did it.

[svr_76]

Our best bet is to partner with groups/org (hi-tech lobby) that have as members big firms that are impacted by this. This would give us a more directed approach on opposing.

I am trying to identify the group of immigrants impacted by this rule-making and was trying to highlight that the rule restricts DHS from approving visa petitions from Employers.

As such EADs are not filed by employers and moreover are not Visa application.

[alias]

EAD is not tied to an employer/company, it is your application. You may apply for EAD but not work at all, if you wish.

[svr_76]

xactly. so the immi grps impacted are H1 and recent/new I-140 filers.

In the past pure H1B holder (no intension to adjust or working for firms that dont sponser GC) were not actively participating in IV's activities as they were never impacted and had the option to stay away.

This new rule-making definitely impact them..and should be an opportunity to join IV in more active way.

[eb3retro]

Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?

what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.

[vchip]

I am just wondering what are they going to do with this new act. Get rid of the immigrants.
It is bad for USA and US Economy.

Good Luck to us all.

Cheers,
VChip.

Calli Passion (http://callipassion.blogspot.com/)

Contributed $50

:eek:

[alias]

Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?

all you need to file an EAD renewal is:

copy of your old EAD
2 Passport photos
copy of I-94
& the filing fee

[svr_76]

@eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.

[snathan]

@eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.

Remember the GC is for future employement. USCIS can anytime ask the letter to prove the job offer is still there. I know coupld of guys got RFE for the same.

If there is no job, the underlaying I-485 become invalid and so there is no AOS.

[ksvreg]

best bet is eb3 to eb2 conversion in addition to advocacy efforts?

[eb3retro]

may be they r special..
:D:D:D:D

You did not submit because it was ok for you. I know people who got RFE asking for employment proof.

[Sachin_Stock]

You did not submit because it was ok for you. I know people who got RFE asking for employment proof.

It might be case that their case numbers were associated with firms who were sponsored initially by 'desi' consulting. Hence more rigorous checks for them. I didn't submit employment letter. I wasn't even ASKED for one. None of the questions in form asked for employer name. None of the mail-in items included employer letter either.

[PavanV]

If this law does pass, it will definitely will be bad for US economy, good for the world.

[WAIT_FOR_EVER_GC]

Why r we fighting over pity things like EAD needs employment letter, their political position
etc. Wait for pappu's update and try getting as many people as you can to support this issue. We need a good head count to win this.

[svr_76]

exactly..and our best approach would be to also reach other lobbying/groups that represents the employers impact by this to determine a directed/specific approach.

[greyhair]

There is no point in arguing with each other just to see this bill in a manner to exclude each one of us. EAD is work authorization even when it is not a visa. The intent of the bill will matter. The clear intent is to not allow hiring of non-citizens by companies engaged in mass layoff, which could include EADs. What's the point of arguing if someone gets an RFE for employment letter? It's not relevant.

What should/can we all do to prevent this from passing? What does IV core want us to do?

[sagar_nyc]

This is correct. EAD is based on pending 485 in most of our case. that's it.

what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.

[alias]

Even with EAD there is a problem finding jobs today. Employers sometimes do not call you after you tell them you have EAD. If they are going to make Immigration difficult for legals do you really think having EAD or not having EAD will really count? Nobody will give job for fear of lot of legal paper work, lawyer cost and complicated rules associated with layoffs. After TARP it was tough to get jobs in financial sector even if there was no TARP restriction for that position.

Don't you guys get it?

why are you digressing from the topic in this thread? let's put aside the EAD discussion for some other time :)

[svr_76]

Gr8 you win. now lets forge ahead on how to proceed and get similar details from other groups specially the high-tech lobby/group.

[new2gc]

Just heard some good news about July VB and in within hours we saw this news... :mad:

[Administrator2]

Please send message to your Senator to oppose this amendment. Here is the link to send the message.

Action Alert: Vote NO Sanders amendment S.A. 4319 to pass H.R.4213. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1598151-action-alert-vote-no-sanders-amendment-s-a-4319-to-pass-h-r-4213-a.html)

[bigboy007]

how come senators support this kind of piece meal approach when they are not ready to support the pain being endured in piece meal approach. They can also recapture imm visas in piece meal.

Also this specifically talks about any employer visa petition not necessaryily EAD. I have passed all this to my friends to oppose though. Thanks for bringing this up. With minimal opposition the fate would be as same as that of TARP amendment.

People are ready to endure the pain rather raise their voice.

[rajkr]

First of all there is no mention of EADs in the Bill. So I do not understand why Pappu is highlighting this issue so much.

Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.

Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.

Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.

Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.

[ndbhatt]

Guys,

Don't fire up on my comments given below.

I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
Let's assume for a moment that hypothetically this becomes law...
What will we do? Some of common options:
- Move to immigrant friendly country, OR
- Return to mother land, OR
- Company will move its operation, and you, to continue its operations, OR
- look at alternate legal ways to stay in this country until situation changes, OR
- Become undocumented alien :D

Guys, we still have options but US of A has too much at stake to make this text into a law.

Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.

bhattji

[bigboy007]

I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.

Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.

So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.

My thoughts.

Guys,

Don't fire up on my comments given below.

I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
Let's assume for a moment that hypothetically this becomes law...
What will we do? Some of common options:
- Move to immigrant friendly country, OR
- Return to mother land, OR
- Company will move its operation, and you, to continue its operations, OR
- look at alternate legal ways to stay in this country until situation changes, OR
- Become undocumented alien :D

Guys, we still have options but US of A has too much at stake to make this text into a law.

Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.

bhattji

[ndbhatt]

I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.

Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.

So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.

My thoughts.
I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.

There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.

Bhattji

[greyhair]

There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.

Bhattji

Clearly the guys who proposed this bill do not think that it will have negative impact on the economy. To the contrary, these guys seem to think that it will free up jobs for Americans, currently occupied by the undeserving immigrants.

The intensity of these amendments are increasing. Earlier it was on Tarp companies. Now this amendment is for all companies that have laid off workers. I interpret the language to include "work authorization" which means EAD. Even if it doesn't include EAD, say this amendment will pass, then what is next? In next phase they will come after EAD, won't they?

[coldcloud]

what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.

Is this forum for letting every body know off what is coming and wake us to act are show off that I have an EAD and I escape from this situation and you are the ones caught in this? Are you not ashamed of your self? Did you read Pappu's initial posting fully?

[ItsLife]

Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?

-----
Once you get your EAD and move on you dont have to worry about this stupid memo. Anyone who is trying to fool you is scaring you including this stupid eastIndia. Dont spread false rumours.

[gc28262]

"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.

THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.

THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.

THEN THEY CAME for me
and by that time no one was left to speak up."

http://en.wikipedia.org/wiki/First_they_came...

[psam]

This amendment treats foreign workers like slaves.

When we need you, we take you in. But when there are layoffs, you are supposed to pack your bags and leave? Even if you are the best performer in your group?
Layoffs happen at respectable companies like Microsoft as well. And Microsoft indeed has hired some of the brightest brains from all over the world. Why should families of these people take all the heat of layoff?

I wish that next Microsoft, Apple, Google happens outside of U.S.

[bigboy007]

I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.

There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.

Bhattji
Well I leave that anology up for discussion. But for sure I see lawmakers in the current election year wouldnt be thinking all those as they were years earlier. if this amendment was tied to any jobs bill or BP oil spill bill etc... then for sure many lawmakers wont be reading through as we are doing here.

For canadian immigration stuff I lived there for a while and I know how that economy operates. its certainly low market than that of US many jobs (IT) etc are very low paying and jobs are scarce for experienced but if one has one they are good. That statement is made in context of "Moving" to immigration friendly countries and start living there.

[bigboy007]

no need to worry about this proposal, as some one said this is a proposal like thousands of bills gone inside the whirl wind of politics in Senate and Congress, but as a precaution, IV warned everyone to sign this and send it to senators so they are extra aware of this situation. discussing on this is a waste of time. because this not even a burning issue and no one can pass and amendment without making aware of all the Senators.

Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.

Folks, Please do not get extra alarmed ont his stupid proposal.
Its better to be prepared rather ignore it. I understand what you are saying but it doesnt hurt to oppose.. if one doesnt oppose you never know.

[rajkr]

Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?

So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.

[bigboy007]

Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?

So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.

Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.

[Administrator2]

Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?

So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.

Don’t think you understand so let me give it a shot.

We just got off a conference call with our coalition partners. This is a real threat. Everyone, including some of the largest of companies on the planet think this is a real threat. It you are a lawyer or if you represent some law firm, then please go back and get busy with entering items like first and last name in a simple immigration form. This is not your area of expertise.

Experts with this are saying that the language is deliberately kept vague. Some of the terms used in the language of the amendment do not have direct corresponding visa. Since we don’t trust the guys behind this amendment, we think they have deliberately kept the language which is not precise.

Consider this as a kick-off for the election campaign. The real risk is, even if this amendment is defeated, between now and the elections we will all see many similar amendments. At some point Senators will be forced to vote on an issue which is pitched as “American citizens” v/s “foreign workers”. Experts believe that anti immigrants will try to push this amendment in middle of the night in the must pass bills.

Some lawyer, for the purpose of pandering to the client base, is of the opinion that this amendment does not affect EADs. In the grand scheme of things this is plain wrong because he/she will not be asked to leave the country if such an amendment passes in the middle of the night. Just engaging in name calling Senator Grassley or calling the Senator pig face is not going to stop the amendment. Please grow up and get real. Your pandering may get innocent audience to believe that there is no real threat even when everyone with any real sense of expertise is scrambling to oppose this amendment.

Immigration Voice and its coalition partners do not see this amendment in isolation. We are hoping for the best and preparing for the worst. And for the lack of clarity from the amendment language, we think that the intent of the amendment sponsors is to see us all out of here.

There is no simple way for the anti-immigrants to throw us all out in a single stroke. They will always engage in systematic elimination of everyone starting from the most vulnerable. The language is vague and it could be interpreted in lot of different ways. It is not wise to look for the most favorable interpretation of the language to find reasons for not doing anything because in the end our interpretation will mean nothing.

Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?

[bigboy007]

Don’t think you understand so let me give it a shot.
Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?
Great explanation , Thank you for posting.

[EB3_SEP04]

I wouldn't worry about this.. this bill is in embyonic stage, hundreds of such ridiculous bills are persented each years and they never make it to either house or senate floors for voting. Remember US politicians all the time "propose" or "talk about" such crazy bills to make happy the crazy segment of voters in their constituency and to make a buzz in the media. This is nothing more than Rakhi sawant accusing Mika of kissing. Nothing is going to happen without the full fledge CIR. Anyone believes the country which gives amnesty to illegals every 10-15 years will take such a nasty step and hurt itself ? Just watch in the months ahead what happens to AZ law or rather it's (non)implementation.

[bigboy007]

I wouldn't worry about this.. this bill is in embyonic stage, hundreds of such ridiculous bills are persented each years and they never make it to either house or senate floors for voting. Remember US politicians all the time "propose" or "talk about" such crazy bills to make happy the crazy segment of voters in their constituency and to make a buzz in the media. This is nothing more than Rakhi sawant accusing Mika of kissing. Nothing is going to happen without the full fledge CIR. Anyone believes the country which gives amnesty to illegals every 10-15 years will take such a nasty step and hurt itself ? Just watch in the months ahead what happens to AZ law or rather it's (non)implementation.
can you please answer me why TARP H1B restrictions passed if everything had to be taken up in CIR. after seeing that lengthy explanation from IV Core I cant imagine how come some of us tend to pacify ourselves we are safe for ever. I wish so and its good to be prepared and help ourselves. But looking at the text i see this as part 2 of TARP and many parts on the way ... They are not talking about illegals they are talking about the HOT Topic "JOBS". this is similar attitude we had when TARP restrictions were passed.

[rajkr]

Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.

Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.

If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.

[gc28262]

If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.

Please fill in your profile !

[bigboy007]

If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
So hitting YES you are going to convey you are bold and ready to leave the country middle of this night with your kids leaving studies ? what is your profile though are you really an Prospective immigrant i doubt it.

[Administrator2]

If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.

Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.

Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?

[vbkris77]

I just want to Thank you for your passion on this subject. Can we think of this from another angle where we approach politicians from our respective countries for a counter trade restrictive bills to make things apples to apples? Just a thought!!!

Look I don't want to say this to you but I am left with no choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.

Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?

[GreenCard4US]

Should we contact the Indian Government?
Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.

Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?

[frostrated]

As most of you know, Sen. Grassley has of late been advocating bills against the immigrant community. According to wikipedia, his approval rating is at 50% last year. He is up for re-election this year and his Democratic opponent is quite strong. If the Tea Party can help Republicans, so can we help the democratic candidate.
From wikipedia:
According to the nonpartisan Center for Responsive Politics, the industries that have been the largest contributors to Grassley during his political career are health professionals ($1 million in contributions), insurance industry ($997,674), lawyers/law firms ($625,543) and pharmaceuticals/health products ($538,680). His largest corporate donors have been Blue Cross Blue Shield insurance, Amgen biotech company and Wells Fargo bank.[39]

Looks like his main contributors are the very people that drove America to its current state by their greed for wealth and power. We can use this to spread the message that Sen. Grassley is not for the common people but for the large corporations that are out to get your money. The anti-incubment wave is also strong, and if we can vote him out, we can avoid many anti-immigrant bills to come. At the same time, we also need to get the other anti-immigrant senators out of power too and help those with positions to make America strong again. No more taking America backward, we must move it forward and so should we.

[pappu]

/\/\/\

[vedicman]

Can IV as a non profit organization contribute to the campaigns of candidates running against senators like Grassley? If so IV should do it. We should defeat Senators like Grassley who do not care to understand the issues but just stick to dumb talking points. These senators just talk of foreign workers and how to stop them - not once do they initiate any bill that will actually make the US more competitive by investing in education (math and science specifically).

We will actually be doing a service to the American citizens by taking out dinosaurs like Grassley!! and also prevent frivolous bills that target high skilled immigrants!!

[abhishek101]

as a 501(3)(C) organization immigration voice has is limited in its efforts to contribute for any cause, while it can spend a max of 30 % (lawyers please comment) on Advocacy but it cannot do political campaigns openly, if people want to contribute and defeat Sen Grassley they need a 501(4) type of non profit.