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Administrator2
04-17-2013, 07:14 AM
Immigration Reform of 2013 has been introduced in the Senate. The bill was introduced at 2am by Sen. Schumer on his behalf and on behalf of his Senate colleagues Senator McCain, Durbin, Graham, Menendez, Rubio, Bennet and Flake.

Immigration Voice applaud the leadership of eight (8) senators for their bi-partisan effort in reforming the nation's broken Immigration system.

Here is the bill text for the Immigration Reform of 2013.
http://immigrationvoice.org/media/Immigration_Reform_bill_of_2013.pdf

Administrator2
04-17-2013, 07:19 AM
For the benefit of our members, here is a quick summary of the high-skilled provisions in CIR-2013.

http://immigrationvoice.org/wiki/images/1/14/CIR_Summary_of_Skilled_Immigration_Provisions_IV.p df

Please note that we have been reviewing, over the past few days, and are still reviewing the finer details of the legislative language so this summary document will be refined and changed over time. Appreciate your cooperation.

Administrator2
04-17-2013, 07:19 AM
1) For the past days we have a lead team of IV volunteers already diligently working in the back end, combing through the bill to identify changes,amendments, additions that we can actively advocate for. Due to our advocacy and grass-roots efforts (IV core team's persistent advocacy and meetings with Key lawmaker offices in DC, past years advocacy efforts, March 2013 advocacy days, WH event, 100's of IV members attending Town Halls and district level meetings during recess), several of our provisions are in the bill but there is lot of scope for improvement and additions.
2) Several members on this thread have posted good suggestions. Several suggestions by members on the thread here (change effective date, clarify H4 ability to work clause etc) are already on our list. However we recommend everyone review the bill as it affects all our lives to come up with more suggestions.

The following volunteers are compiling everyone's suggestions
Volunteer 1 - LglImi - Thu (04/18) and Fri (04/19)
Volunteer 2 - ketavanda - Saturday (04/20) onwards
Volunteer 3 - pd052011 - Volunteer 3 can help with any additional reviewing.

- Folks making suggestions - Please reference the specific section# and paragraph in the bill to which you are pointing to. This will help our volunteers tremendously.
As Admin pointed out we welcome ideas but make sure they are reasonable and pertinent. First focus is on sensible amendments/changes to existing clauses. Secondly, on addition of new provisions.

Let us make this an active ideas-based thread and come up with a final clear list by mid next week that we can use, as needed, during our ongoing advocacy efforts to keep our provisions in the bill/add suitable amendments and eventually get the bill passed.[/COLOR][/QUOTE]

Below is the current compiled list as of 04/19 5 PM ET.



Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicants have not yet filled for the green card but have earned US advanced STEM degree more than 5 years ago. In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2: 10 years requirement should not be continuous but can be with breaks also
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: There should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc


Amendment Proposal 6:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Visa stamping requirement should be removed for all immigrants whose Green Card application is approved .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number , Waiving the Visa stamping will help mobility and helps retaining the skilled immigrants. Feel free to change the text here to improve it.

Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it is .Anyone, Please feel free to add your points here.

Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100):

Anybody who this their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

sunny2007
04-17-2013, 07:27 AM
Great news. I hope house also introduces similar bill soon.

rbusgc
04-17-2013, 08:20 AM
Immigration Reform of 2013 has been introduced in the Senate. The bill was introduced at 2am by Sen. Schumer on his behalf and on behalf of his Senate colleagues Senator McCain, Durbin, Graham, Menendez, Rubio, Bennet and Flake.

Immigration Voice applaud the leadership of eight (8) senators for their bi-partisan effort in reforming the nation's broken Immigration system.

Here is the bill text for the Immigration Reform of 2013.
http://immigrationvoice.org/media/Immigration_Reform_bill_of_2013.pdf

Requesting one of our senior IV guys to post the key positive points for Employment Based immigrants in this new bill.. this will help all of us to understand the key provisions in detail.

Thanks in Advance,
RB

Murthy
04-17-2013, 08:51 AM
Immigration Reform of 2013 has been introduced in the Senate. The bill was introduced at 2am by Sen. Schumer on his behalf and on behalf of his Senate colleagues Senator McCain, Durbin, Graham, Menendez, Rubio, Bennet and Flake.

Immigration Voice applaud the leadership of eight (8) senators for their bi-partisan effort in reforming the nation's broken Immigration system.

Here is the bill text for the Immigration Reform of 2013.
http://immigrationvoice.org/media/Immigration_Reform_bill_of_2013.pdf

Bill Number is S.744
Latest Title: A bill to provide for comprehensive immigration reform and for other purposes.
Bill Summary & Status - 113th Congress (2013 - 2014) - S.744 - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/bdquery/z?d113:S.744:)

dkshitij
04-17-2013, 08:52 AM
Immigration Reform of 2013 has been introduced in the Senate. The bill was introduced at 2am by Sen. Schumer on his behalf and on behalf of his Senate colleagues Senator McCain, Durbin, Graham, Menendez, Rubio, Bennet and Flake.

Immigration Voice applaud the leadership of eight (8) senators for their bi-partisan effort in reforming the nation's broken Immigration system.

Here is the bill text for the Immigration Reform of 2013.
http://immigrationvoice.org/media/Immigration_Reform_bill_of_2013.pdf

Almost everything we fought for is there! Thank you IV! Simply amazing accomplishment IV!

dkshitij
04-17-2013, 09:08 AM
Clearly the bill is more directed to illegal immigration reform even though it says it is comprehensive. I do not see anything about the capturing the earlier visas or any significant needs of us added to the visa at this stage.

I totally agree that the so called "reform" H1B is only one direction that is to add more visa and then pay for it more. Nothing about portability of it or that the dependents work part.

You are absolutely incorrect. This is what I read in the bill:

Employment-based:
-EB1 gets exempted from the cap
-EB2 gets 40%, EB3 gets 40%, EB4 10% and EB5 10%
-Dependents get exempted
-Country caps removed
-Recapture of wasted visas since 1991
-PhD in any field exempted from the cap
-MD who finish waiver exempted
-EB2 is split into A and B. EB2-B is STEM masters. EB2-B is exempt from PERM and the Cap

and many more.

I also don't understand why you are so negative and discouraged. We have a bill and we have most of our demands in it. Thank you IV for simply amazing hard work on our behalf!

pgasri
04-17-2013, 09:08 AM
Friends,

I am in EB3 with PD April 2008. Current status - I140 approved and just extended my H1-B and have the validity till 2015.

I got an good offer from an other company and they are doing my H1-B transfer. They offered to start my GC in EB2 with in 3 months of may joining.

Is this a good decision to take this offer at this stage. (especially we are waiting for this immigration bill to pass by end of this year). My concern is, I need to go through labor and 140 again, so not sure how this bill will impact new GC cases.

Really confused what to do at this stage..Do you guys have any suggestion for me.. Is that better to wait and decide?

gujju
04-17-2013, 09:29 AM
Great Job IV. All the provisions that IV worked for are in there. Hats of to the CORE team and all those helping them.

All its time to WAKE UP and help team IV and yourselves.

Thanks,
Gujju

sunny2007
04-17-2013, 09:37 AM
So you created a new ID to post this? Clearly you know this forum and have another ID. Are you scared? :p

Are you seeking green card provisions or do you just want to compare with the undocumented?

Is there any bill that you can like? Or are you going to attack every bill, even if it fixes backlogs?

And to set the record straight, I checked again and this bill removes per country limits. WTH , I'm unable to do a quick search in that pdf to figure what's the effective date for 40% going to EB3 ? With my PD in Aug 2003 , Am I going to get relief in 2015 ? I'll be disappointed in a way, it this is true.

imh1b
04-17-2013, 09:39 AM
Admins, PLEASE BAN Gundya and any other trolls who create IDs to create divisions and post irresponsible posts. They do not deserve to be a part of this website. It shows all of us poorly. Let them rot on other websites and live in shadows.

We need a clean environment here since many lawmakers might be visiting our website to judge the reactions of all of us. Let us do strict filtering of posts.

sunny2007
04-17-2013, 09:40 AM
Friends,

I am in EB3 with PD April 2008. Current status - I140 approved and just extended my H1-B and have the validity till 2015.

I got an good offer from an other company and they are doing my H1-B transfer. They offered to start my GC in EB2 with in 3 months of may joining.

Is this a good decision to take this offer at this stage. (especially we are waiting for this immigration bill to pass by end of this year). My concern is, I need to go through labor and 140 again, so not sure how this bill will impact new GC cases.

Really confused what to do at this stage..Do you guys have any suggestion for me.. Is that better to wait and decide? You should port to EB2 without delaying it.

imh1b
04-17-2013, 09:42 AM
Friends,

I am in EB3 with PD April 2008. Current status - I140 approved and just extended my H1-B and have the validity till 2015.

I got an good offer from an other company and they are doing my H1-B transfer. They offered to start my GC in EB2 with in 3 months of may joining.

Is this a good decision to take this offer at this stage. (especially we are waiting for this immigration bill to pass by end of this year). My concern is, I need to go through labor and 140 again, so not sure how this bill will impact new GC cases.

Really confused what to do at this stage..Do you guys have any suggestion for me.. Is that better to wait and decide?

Why did you post your question on this thread? How is your question related to the topic of this thread. You need to post on another thread or start a new one.

Guys please do not answer him. People need to be educated and responsible enough if they are high skilled to post on right thread and not pollute the forum topics.

gvenkat
04-17-2013, 09:51 AM
WTH , I'm unable to do a quick search in that pdf to figure what's the effective date for 40% going to EB3 ? With my PD in Aug 2003 , Am I going to get relief in 2015 ? I'll be disappointed in a way, it this is true.

Sounds like it will take effect from Fiscal year 2015, Which is from October 2014. Unfortunately by that time it will not make a difference for you and me. But in the long run it will be beneficial for others who are rotting in EB3. If the bill passes I think there will be widespread relief for one and all.

EB3Victim
04-17-2013, 09:53 AM
You are absolutely incorrect. This is what I read in the bill:

Employment-based:
-EB1 gets exempted from the cap
-EB2 gets 40%, EB3 gets 40%, EB4 10% and EB5 10%
-Dependents get exempted
-Country caps removed
-Recapture of wasted visas since 1991
-PhD in any field exempted from the cap
-MD who finish waiver exempted
-EB2 is split into A and B. EB2-B is STEM masters. EB2-B is exempt from PERM and the Cap

and many more.

I also don't understand why you are so negative and discouraged. We have a bill and we have most of our demands in it. Thank you IV for simply amazing hard work on our behalf!
What are the chances of all the employment based related immigration points being passed in the senate and house? I mean can there be any amendments to the bill?

pd052011
04-17-2013, 10:06 AM
Awesome!!! Now lets focus our efforts on getting this passed. IV, lead on and we shall follow!!

sunny2007
04-17-2013, 10:07 AM
Sounds like it will take effect from Fiscal year 2015, Which is from October 2014. Unfortunately by that time it will not make a difference for you and me. But in the long run it will be beneficial for others who are rotting in EB3. If the bill passes I think there will be widespread relief for one and all. Thanks for your reply. I hope someone puts an amendment to change it to FY14.

gvenkat
04-17-2013, 10:10 AM
Thanks for your reply. I hope someone puts an amendment to change it to FY14.

Bro, let's hope that the bill becomes a law by fiscal year 2014. :o

jaadugar
04-17-2013, 11:25 AM
This is what is mentioned in the bill... Pg 304.. Line 19 onwards....(See below)

The only way i read it is...students who did their masters in a US institution, and susbequently have offer from employer and applied for immigrant petition within 5 years of graduating.... "ARE NOT SUBJECT to the ANY CAPS/LIMITS" (shall be admitted to the United States without respect to the worldwide level specified in section 201(d))

I understand this is at odd with what was published in the 19 page summary that was issued yesterday.

Anyone has more clarity on this? Why the bill says so(no cap), while the summary says these category of people are subject to 40%.

Am i misinterpreting something? Please help clarify.

Pg 304

‘‘(B) ADVANCED DEGREES IN A STEM
20 FIELD.—
21 ‘‘(i) IN GENERAL.—A qualified immi22
grant shall be admitted to the United
23 States without respect to the worldwide
24 level specified in section 201(d) if such im25
migrant—
305
EAS13500 S.L.C.
1 ‘‘(I) has earned a graduate de2
gree at the level of master’s or higher
3 in a field of science, technology, engi4
neering, or mathematics from an ac5
credited United States institution of
6 higher education
7 ‘‘(II) has an offer of employment
8 from a United States employer in a
9 field related to such degree; and
10 ‘‘(III) earned the qualifying grad11
uate degree within the 5 years imme12
diately prior to the initial filing date
13 of the petition under which the non14
immigrant is a beneficiary.

shyamps
04-17-2013, 11:26 AM
This is what I read in the bill:

Employment-based:
-EB1 gets exempted from the cap
-EB2 gets 40%, EB3 gets 40%, EB4 10% and EB5 10%
-Dependents get exempted
-Country caps removed
-Recapture of wasted visas since 1991
-PhD in any field exempted from the cap
-MD who finish waiver exempted
-EB2 is split into A and B. EB2-B is STEM masters. EB2-B is exempt from PERM and the Cap


dikshitj, I went through the bill draft and couldnt find it saying EB2 is split into EB2A and EB2B and EB2B is exempt from cap. Maybe I am missing something? Where did you find this provision?

padmaforopt
04-17-2013, 11:32 AM
First of all Thanks to IV . It has done great job .

I see lot of the provisions expected are missed from CIR .
Can someone form IV (core team) explain the high skilled provisions included and what should be our action item to get all our provisions in the CIR.

They are increasing H-1'a but not Greencards .
STEM Matsers are not exempted from numerical limits.
H-4 work authorization is not clear
No clarity on able to start companies
How the new merit system going to affect(help/adverse) the currebnt applications?

bpratap
04-17-2013, 11:35 AM
Kudos to IV on introduction of CIR with all the provisions IV (we) have been asking for. Not a lot of people here know all the goodies for Employment category is solely the effort of IV.

Great work of IV need lot more appreciation !

sukhwinderd
04-17-2013, 11:37 AM
1. spouses and children excluded in GC count.
2. Workers with Extraordinary ability Excluded.
3. EB-2 get 40%
4. EB-3 get 40%
5. Special Immigrants get 10%
6. Immigrant Investors get 10%
7. recapture provisions - dont know from previous year also, but for future its there.
no country limits.

padmaforopt
04-17-2013, 11:38 AM
Kudos to IV on introduction of CIR with all the provisions IV (we) have been asking for. Not a lot of people here know all the goodies for Employment category is solely the effort of IV.

Great work of IV need lot more appreciation !

You should also understand one thing that .Everyone here is not apprecaiting IV. This is CIR, once this is done you can't expect any changes for anoher two decades .

Along with appreciation, we should concentrate on what is required and make sure that everything is included in CIR.

sunny2007
04-17-2013, 11:48 AM
1. spouses and children excluded in GC count.
2. Workers with Extraordinary ability Excluded.
3. EB-2 get 40%
4. EB-3 get 40%
5. Special Immigrants get 10%
6. Immigrant Investors get 10%
7. recapture provisions - dont know from previous year also, but for future its there.
no country limits. what's the effective date ? page no please.

sunny2007
04-17-2013, 11:49 AM
You should also understand one thing that .Everyone here is not apprecaiting IV. This is CIR, once this is done you can't expect any changes for anoher two decades .

Along with appreciation, we should concentrate on what is required and make sure that everything is included in CIR. "I rate this post as "Best post of the day"

padmaforopt
04-17-2013, 12:16 PM
"I rate this post as "Best post of the day"

Thanks Sunny .

From whatever the summaries I am reading form other websites . I see nothing was done for Already waiting people in EB2 & EB-3 other than excluding the dependents form the count.

kiran_pathuri
04-17-2013, 12:25 PM
Great Job IV. Thanks a lot.

For those who are looking for where per country cap is eliminated:

SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.
9 (a) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is
amended—
(1) in the paragraph heading, by striking
‘‘AND EMPLOYMENT-BASED’’;
(2) by striking ‘‘(3), (4), and (5),’’ and inserting ‘‘(3) and (4),’’;
(3) by striking ‘‘subsections (a) and (b) of section 203’’ and inserting ‘‘section 203(a)’’;
(4) by striking ‘‘7’’ and inserting ‘‘15’’; and
(5) by striking ‘‘such subsections’’ and inserting ‘‘such section’’.

If you go and look at U.S.C. 1152(a)(2), this talks about country caps for family and employment based categories. The above strikes of employment based country caps still keeping country caps for family based green cards.

padmaforopt
04-17-2013, 12:29 PM
Sub section 2306 : For future immigration for the new merit based system.

That indicates we have to suffer for five years , then start dreaming.

ronhira
04-17-2013, 12:33 PM
Looks like EB3I folks have no option but to port to EB2 and then see how does it go . looks like there is no provision for any country cap or recapture until 2015 . And even then they are talking about clearing the backlog from 2015-2021 , so EB3 I whose PD is later than 2006-2007 might be current only in 2021 ?

bagdu, u know that u'r being a jerk for no reason.... 1st u'r not eb-3 india..... 2nd, u r here just to raise blood pressure of others so somehow people don't start working together..... is that not true?

if u'r really eb-3 india, which i know u'r not, y don't u just go & port to eb-2, & leave the rest of us alone....

kiran_pathuri
04-17-2013, 12:36 PM
Page 276, section 2304 talks about recapture of unused visas. My understanding is only for fiscal year 2015 which start on October 2014, total visas available are:
140,000
+ any usunsed visas from previous
+ any unused visas from 1992. (This is gonna be a very big number)

From fiscal year 2016 onwards:
140000
+ any unused visas from previous year (not here unused means that are only from 2015 or all unused since 1992 as these have been added to available numbers in 2015).


SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT VISAS.
(a) EMPLOYMENT-BASED IMMIGRANTS.—Section
201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMIGRANTS.—
‘‘(1) IN GENERAL.—
‘‘(A) WORLDWIDE LEVEL.—For a fiscal
year after fiscal year 2015, the worldwide level
of employment-based immigrants under this
subsection is equal to the sum of—
‘‘(i) 140,000; and
‘‘(ii) the number computed under
paragraph (2).
‘‘(B) FISCAL YEAR 2015.—For fiscal year
2015, the worldwide level of employment-based
immigrants under this subsection is equal to
the sum of—
‘‘(i) 140,000;
‘‘(ii) the number computed under
paragraph (2); and
‘‘(iii) the number computed under
paragraph (3).

‘‘(2) PREVIOUS FISCAL YEAR.—The number
computed under this paragraph for a fiscal year is
the difference, if any, between the maximum number
of visas which may be issued under section
203(a)(relating to family-sponsored immigrants)
during the previous fiscal year and the number of visas issued under that section during that year.
‘‘(3) UNUSED VISAS.—The number computed under this paragraph is the difference, if any, between—
‘‘(A) the sum of the worldwide levels established under paragraph (1) for fiscal years
1992 through and including 2013; and
‘‘(B) the number of visas actually issued under section 203(b) during such fiscal years.’’.

kiran_pathuri
04-17-2013, 12:48 PM
Fiscal year 2015 starts on 1 October 2014, which is only a year a way. The passage of bill itself takes 6 + months.

Merit based has two sections, 1 will be effective after 5 years, second will be effective from 1 October 2014 to which people already in legal line will qualify.

Comeon people, we are not going to get relief tomorrow, its only a year away if it passes. We need to do all we can to help IV in its efforts. Like Gandhi said, you do it before asking others, here is my $100 contribution.
Your transaction ID for this payment is: 26X63449L0200745J

Go IV Go.

kiran_pathuri
04-17-2013, 12:57 PM
So let's be realistic . Even if the bill passes in next 3-4 months , EB3 I (2006 and later) folks are not getting GC in next 6-12 months . It could still take 2-3 yrs more ? Let's be clear and honest . IV has tried everything but that's the best i am seeing .

So what are your expectations here. Do you want your green card tomorrow? Lets be honest and say it. Or do you want, everybody to recieve GCs in post as soon as the bill is passed.

kiran_pathuri
04-17-2013, 12:59 PM
So what are your expectations here. Do you want your green card tomorrow? Lets be honest and say it. Or do you want, everybody to recieve GCs in post as soon as the bill is passed.

And if recapture from 1992 occurs, the extra numbers will be way over 200,000 which is good enough to make EB3-I from 2006 and 2007 to become current. The exact numbers can be found out by looking at archives that lists how many green cards have been issued every year.

maraudersheild
04-17-2013, 01:07 PM
Quick question, does every part of the legal immigration bill go under the section that goes into effect FY2015? Or are there parts (like certain cap exempt, per country caps removed etc.) that go into effect FY2014 (this october) assuming the bill gets signed into law before that.

If latter is the case, then wouldn't all employment backlogs get cleared within the next FY? According to state.gov, there are about 50k in EB2 and 50k in EB3 and probably not more than 120K overall. So without any country caps, 140000 immigrant visas should pretty much cover everyone? Am I miscalculating? Thanks.

obi1
04-17-2013, 01:08 PM
You are absolutely incorrect. This is what I read in the bill:

Employment-based:
-EB1 gets exempted from the cap
-EB2 gets 40%, EB3 gets 40%, EB4 10% and EB5 10%
-Dependents get exempted
-Country caps removed
-Recapture of wasted visas since 1991
-PhD in any field exempted from the cap
-MD who finish waiver exempted
-EB2 is split into A and B. EB2-B is STEM masters. EB2-B is exempt from PERM and the Cap

and many more.

I also don't understand why you are so negative and discouraged. We have a bill and we have most of our demands in it. Thank you IV for simply amazing hard work on our behalf!

I agree with you dkshitij. I haven't done a complete study of the bill, but from what I've read online so far, it appears that per country limits have been removed and they actually have quite a number of humane proposals for eliminating the backlog for employment-based immigrants like us. Here is a like to a 17 page summary for anyone who is interested: http://tucsoncitizen.com/hispanic-politico/files/2013/04/revised-outline-of-immigration-bill-4-15-2.pdf

ronhira
04-17-2013, 01:12 PM
Prior to the bill text , all of us had expectations that with Visa recapture and country cap removal everyone will be current once the bill passes (let it take 6 months to 1 yr) but now that looks to be a remote possibility . So first bill passes (chances are good but it still has to pass) and then EB3I folks wait until Oct 2014 . Then there will be another merit based line if your visa is stuck for 5+ yrs or you are in this country for 10+ yrs etc . So that might take another 2-3 yrs . Clearly this is better than waiting for 70 yrs for EB3 I . But how about the country cap removal ? Is that happening in 2015 too or will be implemented as soon as the bill passes ?

u r right.... y don't u look for a bill that can be implemented before 2015 & u go work on that bill..... do a favor for all of us.... let us know when that bill passes.....

amulchandra
04-17-2013, 01:23 PM
You don't understand my friend . Ofcourse all of us want GCs tomorrow but try to understand what i am saying . We all know , in reality , we won't get our GC as soon as we hope or think . Kudos to everyone's effort that US Govt is even considering this massive overhaul for broken immigration system . If we are saying IV has done this , then IV's efforts are greatly appreciated . The only question we are asking is that if the bill is implemented , are all the provisions going to be in effect from 2015 or Oct 2014 ? You don't have to be defensive or attack someone saying that you are impatient .. In broader terms , if this helps future EB2 or EB3 applicants we all are a happy community . But i am just saying that lot of us have waited for many years and were expecting a relief so what is the correct expectation now after looking at the bill text ?

Thank you for being mature in your reply. Yes it would be nice to have my GC in my hand today. But everything needs time and patience. We have been waiting patiently for a long time. Please be patient for little more time and we all will reach the finish line. I do not want to flame anyone but some of the questions made me feel like they are undermining the efforts done by IV. We both are on the same page now. Good luck to all of us.

pd052011
04-17-2013, 01:30 PM
The way the bill is laid out for legal immigration, I am not entirely sure about the implementation timelines.

Although in some places, I have seen "beginning the year after the date of enactment"

sage2006
04-17-2013, 01:33 PM
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3094932-immigration-reform-of-2013-introduced-in-the-senate.html#post3570869

For the benefit of our members, above post has a quick summary of the high-skilled provisions in CIR-2013.

http://immigrationvoice.org/wiki/images/1/14/CIR_Summary_of_Skilled_Immigration_Provisions_IV.p df

Please note that we have been reviewing, over the past few days, and are still reviewing the finer details of the legislative language so this summary document will be refined and changed over time. Appreciate your cooperation and understanding.

Thanks to all IV members/volunteers for your/our efforts and help which have ensured that several of our provisions are in the base bill..this did not happen automatically.
We have a long work ahead of us to ensure passage of the bill.

sage2006
04-17-2013, 01:42 PM
A few more things -
1) We have cleaned up posts that did not add any value to this thread and only consisted of personal attacks. Hope you will understand.
2) We welcome valid debate on provisions but no bashing any other category of immigrants or personal arguments will be tolerated. Let us do what we are askign Congress to do..work together to find ways to get the bill passed.
Goal is to ensure our existing provisions stay in the bill and additional high-skilled provisions get added as amendments if and when the opportunity arises.
CIR has some of our key provisions as of now and we support the entire bill..period.
3) Any unneccessary trolling or bickering or arguing will be strictly moderated henceforth. So we might as well make good use of your and our time and avoid posting any irrelevant posts containing personal attacks :)

padmaforopt
04-17-2013, 01:58 PM
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3094932-immigration-reform-of-2013-introduced-in-the-senate.html#post3570869

For the benefit of our members, above post has a quick summary of the high-skilled provisions in CIR-2013.

http://immigrationvoice.org/wiki/images/1/14/CIR_Summary_of_Skilled_Immigration_Provisions_IV.p df

Please note that we have been reviewing, over the past few days, and are still reviewing the finer details of the legislative language so this summary document will be refined and changed over time. Appreciate your cooperation and understanding.

Thanks to all IV members/volunteers for your/our efforts and help which have ensured that several of our provisions are in the base bill..this did not happen automatically.
We have a long work ahead of us to ensure passage of the bill.
Thanks a lot for the summary

rakesh_basis
04-17-2013, 02:04 PM
I am newbie in this...Just want to clarify "Dependent gets exempted"...does it mean only one GC will count per household in case EB categories...

If this is the case EB category will be current in few months

gulute
04-17-2013, 02:11 PM
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3094932-immigration-reform-of-2013-introduced-in-the-senate.html#post3570869
...
http://immigrationvoice.org/wiki/images/1/14/CIR_Summary_of_Skilled_Immigration_Provisions_IV.p df
...


Will an existing date of petition filing is considered OR is it going to be a fresh filing after the law is in effect. I'll be out of 5 year limit if it's in effect from the Oct 1, 2014

"EB-2
....
2) aliens who have earned a master’s degree or higher in a field of science, technology, engineering or mathematics from an accredited U.S. institution of higher education and have an offer of employment in a related field and the qualifying degree
was earned in the five years immediately before the petition was filed. "
..

amulchandra
04-17-2013, 02:17 PM
I am newbie in this...Just want to clarify "Dependent gets exempted"...does it mean only one GC will count per household in case EB categories...

If this is the case EB category will be current in few months

You are absolutely correct.

sanprabhu
04-17-2013, 02:40 PM
You are absolutely incorrect. This is what I read in the bill:

Employment-based:
-EB1 gets exempted from the cap
-EB2 gets 40%, EB3 gets 40%, EB4 10% and EB5 10%
-Dependents get exempted
-Country caps removed
-Recapture of wasted visas since 1991
-PhD in any field exempted from the cap
-MD who finish waiver exempted
-EB2 is split into A and B. EB2-B is STEM masters. EB2-B is exempt from PERM and the Cap

and many more.

I also don't understand why you are so negative and discouraged. We have a bill and we have most of our demands in it. Thank you IV for simply amazing hard work on our behalf!

May be I missing it, but I do not see the visa recaptured from 1991, where do you see it? May be capture is for the years going forward.

Also like one of the poster whom I have quoted, the dependents of all those that have come in illegally and are in US will also get EAD/AP. But why that is not extended to H4 visa holders, Also if Dreamers can get into naturalization immediately why not for us who has been rotting in this never ending hell of EB3 forever?

My point is if other things like EB2 stem and Doctorates exemptions may be good for us in the long run but we are clearly past hoping for things to improve in the long run. If others are going to get EAD/AP immediately then we should get the recapture (minimum) immediately as well.

dkar
04-17-2013, 02:49 PM
(x-post from my other thread)
CIR: Pending EB will be approved in 7 batches starting FY2015 and ending in FY2021?

Unless I am getting this wrong, it appears to me that:
All EB based applicants whose application is pending for 5 years the day before this law is enacted, will be divided into 7 batches(i.e. with priority date upto 2008, approx). And each batch will be approved starting FY2015 and ending in 2021.

----------------------------------------------------------
(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
----------------------------------------------------------

The point based system is track 1.
The (5 year)pending EB will be approved automatically (no points) in track 2. But it will take 7 batches and 7 years starting 2015 and ending 2021/22.
Looks like 2 to 9 year wait for EB.

Recapture will only start in FY2015.
Irrespective of (and despite) recapture (5 year)pending EB will only be approved in 7 batches for 7 years. Recapture won't facilitate faster approval.

----------------------------------------------------------
(Page 276)
3 SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UN
4 USED IMMIGRANT VISAS.
5 (a) EMPLOYMENT-BASED IMMIGRANTS.—Section
6 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
7 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED
8 IMMIGRANTS.—
9 ‘‘(1) IN GENERAL.—
10 ‘‘(A) WORLDWIDE LEVEL.—For a fiscal
11 year after fiscal year 2015, the worldwide level
12 of employment-based immigrants under this
13 subsection is equal to the sum of—
----------------------------------------------------------

Vander Decken IX
04-17-2013, 03:09 PM
Hello: I have a question about Section 4102, page 664, line 4.

(iii)(I) In clause (ii), the term 'foreign country that permits reciprocal employment' means a foreign country that permits a spouse who is a national of the United States and is accompanying or following to join the employment-based nonimmigrant husband or wife of such spouse to be employed in such foreign country based on that status.


Do we have a list of countries that "permits reciprocal employment"?

rohira13
04-17-2013, 03:41 PM
Hi,
I wanted to confirm if the PhD in STEM fields category included the life sciences or excluded it.
Thanks!

GC_for_All
04-17-2013, 03:44 PM
Immigration Reform of 2013 has been introduced in the Senate. The bill was introduced at 2am by Sen. Schumer on his behalf and on behalf of his Senate colleagues Senator McCain, Durbin, Graham, Menendez, Rubio, Bennet and Flake.

Immigration Voice applaud the leadership of eight (8) senators for their bi-partisan effort in reforming the nation's broken Immigration system.

Here is the bill text for the Immigration Reform of 2013.
http://immigrationvoice.org/media/Immigration_Reform_bill_of_2013.pdf

I thank the entire core team for their efforts. We could not see a bill like this without your efforts.

Vagabond
04-17-2013, 04:08 PM
Page 684, lines 10-15

(d) OUTPLACEMENT Section 212(n)(1)(F) (8 U.S.C. 1182(n)(1)(F)) is amended to read as follows:
(F)(i) An H-1B-dependent employer may not place, outsource, lease, or otherwise contract for the services or placement of an H1B nonimmigrant employee."


What does this mean? does it mean a company can not place nonimmigrant H1b employee for a project in other company?

GCTorture
04-17-2013, 04:12 PM
for me its like a situation where I don't know to be happy or to cry .....though CIR is a light at the end of tunnel, the date of oct 14 and years after that for backlog elimination is painful. I didnt expect GC would come tomorrow, but thought at least the process would start once bill is passed.

PD April 2004||EB3

pd052011
04-17-2013, 04:13 PM
for me its like a situation where I don't know to be happy or to cry .....though CIR is a light at the end of tunnel, the date of oct 14 and years after that for backlog elimination is painful. I didnt expect GC would come tomorrow, but thought at least the process would start once bill is passed.

PD April 2004||EB3

Hang in there..The last mile is always the longest

Abhi_OneDay
04-17-2013, 04:19 PM
We have come along a long way...i guess long time members here know what I am saying...no mean achievement IV folks!...kudos and plz take a bow.

sunny2007
04-17-2013, 04:37 PM
for me its like a situation where I don't know to be happy or to cry .....though CIR is a light at the end of tunnel, the date of oct 14 and years after that for backlog elimination is painful. I didnt expect GC would come tomorrow, but thought at least the process would start once bill is passed.

PD April 2004||EB3
Gang of Eight said they are simplifying but they made it complicated for the H1B and Illegals.

Merit Based => Mercy Based from DOL / USCIS. This is Suicide Trap with too many RFEs , hallucinations for future Immigrants.

Amnesty is a better word for H1B, EB,FB.

GCTorture
04-17-2013, 04:39 PM
Gang of Eight said they are simplifying but they made it complicated for the H1B and Illegals.

Merit Based => Mercy Based from DOL / USCIS. This is Suicide Trap with too many RFEs , hallucinations for future Immigrants.

Amnesty is a better word for H1B, EB,FB.

:) You are funny sunny.

hellodhans
04-17-2013, 04:44 PM
Allocates 40 percent of the worldwide level of employment-based visas to : 1) members of the professions holding advanced degrees or their equivalent whose services are sought in thes ciences, arts, professions, or business by an employer in the United States (including certainaliens with foreign medical degrees)

Does this mean that EB2 without Masters degree also falls into the 40% for EB2?
Can someone please clarify

pd052011
04-17-2013, 04:51 PM
I am still not clear on the 5-yr US Masters rule. What is the justification for such a constraint? Would be great if IV can provide some details on this.

Also, what happens to the already existing EB2-3 folks? Would we migrate to the merit-based system? The way the bill reads as of now, all the provisions seem to be for future immigrants. What about those already in line?

amulchandra
04-17-2013, 05:19 PM
I just read sec 2302 merit based track two. If I understood this correctly - if this passes as is - for the fiscal year 2014 starting from oct 1st around 120,000 GCs are made available for any application that is pending under eb3 for more than 5 years from the date of enactment.

This should cheer up all the eb3s

sunny2007
04-17-2013, 05:31 PM
I just read sec 2302 merit based track two. If I understood this correctly - if this passes as is - for the fiscal year 2014 starting from oct 1st around 120,000 GCs are made available for any application that is pending under eb3 for more than 5 years from the date of enactment.

This should cheer up all the eb3s Can we have it from 2013 Oct 1st ? Please move an amendment Senator :)

amulchandra
04-17-2013, 05:33 PM
Can we have it from 2013 Oct 1st ? Please move an amendment Senator :)

Thatastu --meaning your wish is granted. http://immigrationvoice.org/forum/images/smilies/biggrin.gif

moviedhamaka
04-17-2013, 05:40 PM
A summary on Rubio's site says that he wont support if the bill is rushed thru
http://www.rubio.senate.gov/public/?a=Files.Serve&File_id=adefad85-7f5c-4f3e-a4dc-366a1b71ad38

booyakasha
04-17-2013, 06:34 PM
Page 305 of the CIR states
"....earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non-immigrant is a beneficiary"

This is for applicants with a masters degree from an accredited US university. What petition are they referring to? If the applicant graduated in say 2006 and he/she wants to change his/her employer in 2013 which is 5 years well after earning a degree, would he/she still be eligible for the immigrant visa? Btw, the above rule doesnt respect worldwide levels.

I am new to IV. If this is not the right place for this question, please point me to the right forum.

sunny2007
04-17-2013, 06:45 PM
Thatastu --meaning your wish is granted. http://immigrationvoice.org/forum/images/smilies/biggrin.gif

Do Employment based GC Legals need the border to be secured first ? Nope , as 90% of them are here in US working and struck in the backlogs. Then why we need to wait till FY15 ? :confused::confused::confused::confused::confused: :confused::confused:

I'm frustrated very much and hoping Senator Leahy asks this to the panel on Friday and Monday.

Madhuri
04-17-2013, 07:05 PM
I just read sec 2302 merit based track two. If I understood this correctly - if this passes as is - for the fiscal year 2014 starting from oct 1st around 120,000 GCs are made available for any application that is pending under eb3 for more than 5 years from the date of enactment.

This should cheer up all the eb3s
I read that last night, but did not see anyone talking about it, so I thought may be I got it wrong. So as soon as the bill is enacted, from Oct 2014 all old EB3's will be current as per sec 2302 and as we know most of those applications are just waiting for visa numbers.

dkar
04-17-2013, 07:12 PM
I read that last night, but did not see anyone talking about it, so I thought may be I got it wrong. So as soon as the bill is enacted, from Oct 2014 all old EB3's will be current as per sec 2302 and as we know most of those applications are just waiting for visa numbers.

From what I understand.. All EB based applicants whose application is pending for 5 years the day before this law is enacted, will be divided into 7 batches(i.e. with priority date upto 2008, approx). And each batch will be approved starting FY2015 and ending in 2021/22.

(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.

mgmanoj
04-17-2013, 07:22 PM
Does it allow filing I-485 for approved I-140 ?

Administrator2
04-17-2013, 07:25 PM
Does it allow filing I-485 for approved I-140 ?

Not yet. But we are working on amendment to include the provisions that it already doesn't contain. This provision, also referred too as - Early filing - is one of them.

Which is why we need everyone to be engaged and active. Amendments will require a lot of energy, and we need everyone to step up.

bibliophile2020
04-17-2013, 07:32 PM
Where do physicians fit in the new CIR? Do they come under STEM, special immigrants? Association of Physicians of India is pushing for GC to all physicians graduating from US residency. I hope this will be included in the final bill.

abcdgc
04-17-2013, 07:40 PM
Where do physicians fit in the new CIR? Do they come under STEM, special immigrants? Association of Physicians of India is pushing for GC to all physicians graduating from US residency. I hope this will be included in the final bill.

Don't be fooled. The organization you are referring too has nothing to do with GC for physicians. IV Physicians group has worked for years to create awareness about these issue. The group you are referring has too many folks who own doctor's consultancy and small and mid size clinics etc, and they employ doctors, and those doctor consulting companies (like IT consulting companies) do not want GC process to speed up. Infact some of the people you are referring are probably asking for more numbers and not to speed up GC process. Don't be fooled by what's on the surface. Appearances are deceptive.

msgrewal81
04-17-2013, 07:50 PM
Request to IV : Can an amendment be proposed to Remove the 5 year limitation on STEM degree on page 305 of bill. Change it to 10 years, or just remove it.

"‘‘(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non- immigrant is a beneficiary."

This seems to propose as if a STEm degree earned more than 5 years ago from US institution has no value....Doesn't make sense.

Desertfox
04-17-2013, 07:55 PM
I am not sure why they would put FY 2015 for EB visa recapture, when the point based system starts right away. :confused:

gvenkat
04-17-2013, 08:04 PM
Ah this is some messed up thing eh? Imagine the mess it is going to create Oct 1, 2014.. There will be a deluge of people ready/eligible/waiting to file for GC through various channels.

I don't understand why they did not enact a provision for the removal starting this fiscal year since there are going to be visa numbers allocated October 1, 2013.

I'm neither cynical, nor too hopeful But for EB-3 people files in 2003/2004 this is not going to be a huge game changer if the implementation starts FY 2015.

P.S: Before some one pounces and says do the action items etc. I have done action items, donated to IV and what not. :p

Desertfox
04-17-2013, 08:16 PM
Yes , for EB3 I , there is still some wait it seems . But country cap removal is to happen upon the enactment of this bill , so if this passes , all EB3 upto 2007 might be current as dependent count will also be removed , some people are saying it will further reduce wait times by 50% ??? Thoughts ?

I thought the country cap removal is after one year from enactment.

Desertfox
04-17-2013, 08:28 PM
Does it say that in the bill text about 1 yr ,if that's the case then everything will happen from OCT 2014 for EB3 I ?

If the relief measures don't kick in until FY2015, hopefully they would allow us to stand in the same line with undocumented for probational status within 6 months. I would rather get a 6-year unrestricted work permit and travel authorization than applying for the 5th ead/ap.

pd052011
04-17-2013, 08:33 PM
Does it say that in the bill text about 1 yr ,if that's the case then everything will happen from OCT 2014 for EB3 I ?

What is the trigger for country cap removal? I still don't understand the 7-phase implementation that someone mentioned earlier.

bibliophile2020
04-17-2013, 08:36 PM
Don't be fooled. The organization you are referring too has nothing to do with GC for physicians. IV Physicians group has worked for years to create awareness about these issue. The group you are referring has too many folks who own doctor's consultancy and small and mid size clinics etc, and they employ doctors, and those doctor consulting companies (like IT consulting companies) do not want GC process to speed up. Infact some of the people you are referring are probably asking for more numbers and not to speed up GC process. Don't be fooled by what's on the surface. Appearances are deceptive.

I agree AAPI never cared about immigration issues related to Indian physicians. Its very unfair to stand in the back of the line after going through 3-5 years of residency and another 3-5 years of fellowship. The least we can expect is exemption from numerical limits. Not sure if physicians are going to be counted under STEM category. There are some provisions for physicians on J1 waiver but nothing for others.

pd052011
04-17-2013, 08:39 PM
Here is what i am understanding now :

1. Country Cap Removal - 1 yr after enactment
2. Dependent Count removal - With the bill
3. Visa Recapture - OCT 2014

and rest (for STEM and 5 yrs waits etc) ......

Good Luck to EB3 India , let's try to port if we can .

Merit based system was 5yrs after enactment. So unless 1,2,3 above clear the queue, we are in for a long haul :(

ronhira
04-17-2013, 08:45 PM
Here is what i am understanding now :

1. Country Cap Removal - 1 yr after enactment
2. Dependent Count removal - With the bill
3. Visa Recapture - OCT 2014

and rest (for STEM and 5 yrs waits etc) ......

Good Luck to EB3 India , let's try to port if we can .

bagdu - why don't u check with oh..... what rest of us mortals should do? if u see oh posting that country caps is removed.... then it must be..... when others r telling u the same thing...... then they are your sworn enemies...... get a life & stop treating immigration lawyers like gods...... u've no credibility & brain to tell what u'r understanding is.......

Administrator2
04-17-2013, 08:49 PM
Request to IV : Can an amendment be proposed to Remove the 5 year limitation on STEM degree on page 305 of bill. Change it to 10 years, or just remove it.

"‘‘(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non- immigrant is a beneficiary."

This seems to propose as if a STEm degree earned more than 5 years ago from US institution has no value....Doesn't make sense.

Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair.

pd052011
04-17-2013, 09:05 PM
Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair.


There should be no year limit attached. The assumption, that somehow after 5 or 10 years a masters degree becomes irrelevant, is in itself very strange.

Also, can we ask for an amendment on increasing oversight for GCs filed for multinational managers and executives? Maybe define criteria for eligibility. Or a 1 or 2 yr residency requirement before a petition can be filed. Extraordinary ability, PhDs are pretty straightforward.

GCOP
04-17-2013, 09:09 PM
Country cap should be removed from Date of Enactment of Bill/Must be in effect Immediately. This UNFAIR country quota system MUST be discontinued immediately. If it is not in the bill from this year, AMENDMENT should be introduced for immediate enactment.
Related bill was passed in House in earlier congress,with Overwhelming majority. It has a strong bi-partisan support.
Let us know, for any action item for Amendment for change in Enactment date.


-Participated in Advocacy Efforts Twice
-Participated in DC Rally
-Contributed & Participated in all action items.

Here is what i am understanding now :

1. Country Cap Removal - 1 yr after enactment
2. Dependent Count removal - With the bill
3. Visa Recapture - OCT 2014

and rest (for STEM and 5 yrs waits etc) ......

Good Luck to EB3 India , let's try to port if we can .

padmaforopt
04-17-2013, 09:09 PM
Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair..

Can we ask to remove the reciprocal rule for H-4 Work authorization. There are lot of provisions in CIR . Nothing has a restriction that the same should be reciprocated in the sending country.

Might be I am not understanding the reason behind this rule . But I don't think it is reasonable.

All illegals will have work authorization, where as H1 Spouses should sit at home and the wait times of Skilled immigrants is not gauranteed for currently waiting immigrants(or) for future immigrants.

The amin norm of CIR is NO second class family/citizens in USA . But now few national(Indians, etc) citizens have to live as second(in fact third) class people.

Mau
04-17-2013, 09:15 PM
I agree and most of the IV members agree that the 5 year line for STEM does not make sense.

We do not know what was the reasoning behind that but it will serve as a big problems to many IV members and will create a underclass of STEM graduates who might have to wait much longer than many of the new comers.

The very intent of the reform is to reduce the wait and back log.

If there was any thoughtful purpose of this language than it should be at least not retroactive. I have seen many IV members have raised concerns over this and we are ready to be any help we can to make the bill better.

Lets not forget those STEM graduates who are waiting for their employers to file for their Green cards. They will be badly impacted.

Lets be fair to those people even if there is a reasoning behind that provision.

sunny2007
04-17-2013, 09:20 PM
Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair. I got excited in the morning initially but after going through the pdf , I don't think FY15 is reasonable for EB3I backlogged people. We don't want USCIS to pick and choose whoever they want for Merit Based System. We are waiting since 2003 and we spent 10 years in the line and to put us in limbo is not right. I have decided to port and giving thumbs down to this bill in current form. I wasted my time on HR3012 and don't want to waste time tracking or posting news links for CIR.

In any case most of the people think we in EB3I are useless here.

Good Luck to all of you.

LglImi
04-17-2013, 09:21 PM
Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair.

Thank you Administrator2 !!

I am one more thumbs up for this clear, genuine and common sense request(removing 5yr limit on STEM degree requirement) from msgrewal81...

Mau
04-17-2013, 09:27 PM
Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair.
We should would start pushing for this. I will wait for IV guidance and further details for this provisions existence.

Thanks ADMIN2

spaceguy
04-17-2013, 09:46 PM
Got mail from Maco Rubio who is one of the gang of 8 who proposed this CIR as I sent mail earlier to him as part of IV action item.

I believe others also got emails from their respective senators/congressmen.

I can respond him saying thanks for introducing the bill.

Does IV has any action item or sample letter to address them ?

Tarang
04-17-2013, 09:50 PM
We should would start pushing for this. I will wait for IV guidance and further details for this provisions existence.

Thanks ADMIN2

What about exepmting managers / executives who are on H1B from cap? Why treat them differently than managers / executives on L1A? They provide same contribution to the company and have similar skills.

srikant9
04-17-2013, 09:58 PM
Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair.

Dear IV(Administrator),

At the outset, I greatly applaud and appreciate the efforts taken by IV and contributed towards the making of the CIR 2013 bill and hand in submitting the bill to Senate. I would like to suggestion/clarify the following amendments to the CIR bill:

1. CIR Enactment: It is strong consensus of dear IV friends and agree that the date of the enactment of the bill should be “IMMEDIATE” or on or before FY 2014 i.e. Oct 01, 2014 or whichever comes first.

2. On page 109 of the bill: EMPLOYEES OF CERTAIN NONPROFIT ORGANIZATIONS, AND OTHER LONG-TERM LAWFUL RESIDENTS 2(f)(1), (2) & (3):

– If I am reading it correctly, naturalization can be applied if one is in lawful permanent residence status for 3 years instead of 5 years requirement irrespective whether the alien is in RPI status or have legally been here in United States and have acquired permanent resident status. Require a clarification on this?

- If I misinterpreted the above section in 109 and that it only pertains to RPI aliens, then it is unfair that they get naturalized after 3 years being in permanent residence status even though they are given opportunity to adjust status to permanent resident status after 10 years from the enactment of the bill. The 3 years requirement to get naturalized should also be extended to who have been maintaining legal status and is in lawful permanent residence status for 3 years.

3. The family based adjustment of status- It is unclear whether an alien who is in permanent resident status can file for his or parent for permanent residence status. Require clarification on this?

Thanks again,

Sri

manohar123
04-17-2013, 10:10 PM
Group of IV, please consider these items for advocacy.

1. Allow EB2,3 to file for EAD with approved I-140 on the same day illegals are allowed to apply in provisional status.
2. Visa recapture since 2001 as soon as CIR becomes law.
3. " No country quotas" should be explicitly mentioned in the CIR, otherwise USCIS will interpret what ever way they want.
4. H4 spouses should be able allowed to work in USA. Illegal aliens spouses are allowed to work, why not legal aliens spouses? Why to ask for country reciprocal deals? They easily allow L1 spouses to work, why is it different for H1 ?
5. A hard one. Make GC costs equal to what illegals will be paying, that is $2k. Why shud we pay $7k when they were asked to pay only $2k for breaking the law? Equal treatment for every1.
6. Make 3 year run in GC for every1 to file for citizenship, not only for dreamers and illegals. This is step mom treatment toward H1Bs from the senators when we pay the govt almost 30pct of our income as taxes. Where is equality in America?

srikant9
04-17-2013, 10:13 PM
Group of IV, please consider these items for advocacy.

1. Allow EB2,3 to file for EAD with approved I-140 on the same day illegals are allowed to apply in provisional status.
2. Visa recapture since 2001 as soon as CIR becomes law.
3. " No country quotas" should be explicitly mentioned in the CIR, otherwise USCIS will interpret what ever way they want.
4. H4 spouses should be able allowed to work in USA. Illegal aliens spouses are allowed to work, why not legal aliens spouses? Why to ask for country reciprocal deals? They easily allow L1 spouses to work, why is it different for H1 ?
5. A hard one. Make GC costs equal to what illegals will be paying, that is $2k. Why shud we pay $7k when they were asked to pay only $2k for breaking the law? Equal treatment for every1.
6. Make 3 year run in GC for every1 to file for citizenship, not only for dreamers and illegals. This is step mom treatment toward H1Bs from the senators when we pay the govt almost 30pct of our income as taxes. Where is equality in America?


I agree with you on all above points.

Administrator2
04-17-2013, 10:38 PM
Group of IV, please consider these items for advocacy.

1. Allow EB2,3 to file for EAD with approved I-140 on the same day illegals are allowed to apply in provisional status.
2. Visa recapture since 2001 as soon as CIR becomes law.
3. " No country quotas" should be explicitly mentioned in the CIR, otherwise USCIS will interpret what ever way they want.
4. H4 spouses should be able allowed to work in USA. Illegal aliens spouses are allowed to work, why not legal aliens spouses? Why to ask for country reciprocal deals? They easily allow L1 spouses to work, why is it different for H1 ?
5. A hard one. Make GC costs equal to what illegals will be paying, that is $2k. Why shud we pay $7k when they were asked to pay only $2k for breaking the law? Equal treatment for every1.
6. Make 3 year run in GC for every1 to file for citizenship, not only for dreamers and illegals. This is step mom treatment toward H1Bs from the senators when we pay the govt almost 30pct of our income as taxes. Where is equality in America?

Even with the list of good suggestions, using condescending language undermines the broader message. When asking for any change, please do not compare with other groups and please do not use negative or condescending language. Thank you for your understanding.

Madhuri
04-17-2013, 10:39 PM
Ah this is some messed up thing eh? Imagine the mess it is going to create Oct 1, 2014.. There will be a deluge of people ready/eligible/waiting to file for GC through various channels.

I don't understand why they did not enact a provision for the removal starting this fiscal year since there are going to be visa numbers allocated October 1, 2013.

I'm neither cynical, nor too hopeful But for EB-3 people files in 2003/2004 this is not going to be a huge game changer if the implementation starts FY 2015.

P.S: Before some one pounces and says do the action items etc. I have done action items, donated to IV and what not. :p

I agree. The Oct.1, 2014 is overloaded with lots of new things and can possibly create a new mess. The longest waiting EB3-I people will be again be at the end of whatever new line. There should be an amendment to enact provisions sooner. There are many pre-adjudicated cases waiting for visa numbers in EB3, so it seems to be easier to implement.

krupa
04-17-2013, 10:41 PM
Page 684, lines 10-15

(d) OUTPLACEMENT Section 212(n)(1)(F) (8 U.S.C. 1182(n)(1)(F)) is amended to read as follows:
(F)(i) An H-1B-dependent employer may not place, outsource, lease, or otherwise contract for the services or placement of an H1B nonimmigrant employee."


What does this mean? does it mean a company can not place nonimmigrant H1b employee for a project in other company?

Looks like a H1B dependent employer can not do body shopping of a (their) H1B employee and a non H1B dependent employer can do body shopping of a H1B employee provided they have to pay $500/- fee, may be , one time for each such contract.

jaadugar
04-17-2013, 10:46 PM
There should be no year limit attached. The assumption, that somehow after 5 or 10 years a masters degree becomes irrelevant, is in itself very strange.

Also, can we ask for an amendment on increasing oversight for GCs filed for multinational managers and executives? Maybe define criteria for eligibility. Or a 1 or 2 yr residency requirement before a petition can be filed. Extraordinary ability, PhDs are pretty straightforward.

Can someone clarify why this 5 year clause is added for people with masters degree in STEM fields. I can't make any sense why you would discount a masters degree obtained 6 years ago, especially when lot of employers choose to apply for immigration petition just before the 6th year starts....and not to mention STEM degrees come with OPT periods of close to 2 years+, so typically some of STEM Masters degree holders would be having an immigration petition filed close to 6 or 7 years after they graduated.

Why should these section of STEM Masters be disadvantaged compared to other STEM Masters?

chtummala
04-17-2013, 10:55 PM
Got mail from Maco Rubio who is one of the gang of 8 who proposed this CIR as I sent mail earlier to him as part of IV action item.

I believe others also got emails from their respective senators/congressmen.

I can respond him saying thanks for introducing the bill.

Does IV has any action item or sample letter to address them ?
it is do not reply email id.. i got the same mail ..

dkar
04-17-2013, 10:57 PM
Friends,

Let us discuss and understand what some specific sections of the bill pertinent to EB(EB3 and EB2) are implying.

Here is what I understood so far:
*FY-2014(01-Oct-2013 to 30-Sept-2014) will follow the current system and EB may move a few months.
*A new immigration system with new definitions/pools/categories will be in place from FY-2015.
Under the new system:
*The pending EB applicants will go into "MERIT-BASED TRACK TWO".
*The future EB applicants will go into "MERIT-BASED POINTS TRACK ONE" which is points based as the title says.

The following will happen in FY-2015:
1) Country quota will be eliminated - FY-2015.
2) Dependents are not counted as separate numbers - FY-2015.
3) Visa recapture - FY-2015.

4) Here is the most important part for EB: the benefit from the above three, i.e. country quota elimination, accounting dependents under the same number and visa recapture will not flow to EB(or FB or any old categories) directly.

The benefits of the above the three will only be tapped/opened with the new immigration system and will accrue to larger categories and pool of immigrants that are newly allowed under the new law.
All pending EB, under merit-based track two, will be allotted visas(GCs) in seven batches for seven years starting FY-2015 to FY-2021.
i.e. if you fall into the first batch you will get the GC in FY-2015 and the seventh batch will get the GC in FY-2021.
It is not clear how they are proposing to divide the pending EB into seven batches. One assumption would be priority date.

-------------------------------------------------------
(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
-------------------------------------------------------

team_mate001
04-17-2013, 11:00 PM
Dear members, could you kindly provide your thoughts on this Situation related to STEM Masters exemption: If a candidate's petition is in EB3 category(I-140 approved) but the candidate has a Masters in STEM, would the STEM cap exemption help the candidate. There are people who have a masters in STEM but their application is in EB3. Page 305 of the bill states that:
‘(II) has an offer of employment from a United States employer in a field related to such degree;

So by having an offer of employment in the related field be enough or the job profile should require a Masters specifically and the petition should be filed under EB2?

Greatly appreciate your time.

LglImi
04-17-2013, 11:03 PM
Can someone clarify why this 5 year clause is added for people with masters degree in STEM fields. I can't make any sense why you would discount a masters degree obtained 6 years ago, especially when lot of employers choose to apply for immigration petition just before the 6th year starts....and not to mention STEM degrees come with OPT periods of close to 2 years+, so typically some of STEM Masters degree holders would be having an immigration petition filed close to 6 or 7 years after they graduated.

Why should these section of STEM Masters be disadvantaged compared to other STEM Masters?

Jaadugar, pd, msgrewal81 and myself all request Admin2 to make sure this 5yr limit removal amendment is proposed....Thanks to Admin2 for looking into this!!

Jaadugar, pd, msgrewal81 ---> Please immediately contact all Senators and congressman of your state with this genuine, commonsense and very specific request. This will boost IV's amendment appeal...

ronhira
04-17-2013, 11:27 PM
I agree with 2,3,4 and 6

seriously :rolleyes: should your vote be considered as 60th senate vote for these provisions?

& if i may ask, what's wrong with 1 & 5...... do you not like number 1 & 5? is that it? :rolleyes:

karthikforever
04-17-2013, 11:44 PM
Hi All. I was wondering how CIR might impact typical body shopping companies and their employees. Specifically companies and their employees who are part of the Client>Vendor>Employer>Employee model of functioning. Are provisions expected in CIR that might have a negative or positive effect on such companies and their employees?

somberi
04-18-2013, 01:43 AM
I have read through the forum postings from today. not sure if one important thing has evaded everyone's eyes when looking at the proposed bill :

I believe the Bill says that undocumented get citizenship 3 years after they get LPR
after a 10 year wait. Is the wait time for legal immigrants also reduced to 3 years from
5years after getting LPR? Wouldn't that be fair?

also, are there any changes to the family based immigration front? say, for GC visa number availability requirements for sponsoring parents for LPR's to be the same as for citizens? Currently Citizens parents are exempt from visa number requirements but GC holders parents are. Is this difference in treatment valid?

NNReddy
04-18-2013, 02:04 AM
That's a good question. What is the wait time for legal immigrants before they can apply for citizenship?

sup_eb2_2009
04-18-2013, 05:08 AM
Thanks to everyone for the informative messages. After reading all messages 2 things are not clear. So requesting admins if they can throw some light.

Both quesitons are assuming bill passes in next 6 months.

1. In all previos posts some people are saying 'exemption of dependents in demand count' will be in effect from Oct 2013, some are saying Oct 2014. Which one is correct?

2. Some people said, from Oct 2014, all EBs who are waiting for 5 years before the bill pass ( approx with priority dates before Oct 2008 ) will be divided into 7 batches to be clear in next 7 years. Question is what happens to the people who have PD after 2008 i.e. from 2008 to till date. How is their applications processed? Do they have to apply for something different?

immigrant2007
04-18-2013, 06:34 AM
u r right.... y don't u look for a bill that can be implemented before 2015 & u go work on that bill..... do a favor for all of us.... let us know when that bill passes.....

not clear how the numbers for unused VISA numbers will be used. FI the numbers are from EB then they should be in EB and if numbers are from FB then they should go to FB first. It doesn't make sense of recapturing old VISA numbers and not using them immediately and doesn't make sense for someone waiting for 10 years and asking them to go and stand in another queue to follow some other time table. The bill should automatically take care of them without the need to convert to some point formula.

immigrant2007
04-18-2013, 06:37 AM
bagdu, u know that u'r being a jerk for no reason.... 1st u'r not eb-3 india..... 2nd, u r here just to raise blood pressure of others so somehow people don't start working together..... is that not true?

if u'r really eb-3 india, which i know u'r not, y don't u just go & port to eb-2, & leave the rest of us alone....

Whats wrong in his quote?

immigrant2007
04-18-2013, 06:39 AM
And if recapture from 1992 occurs, the extra numbers will be way over 200,000 which is good enough to make EB3-I from 2006 and 2007 to become current. The exact numbers can be found out by looking at archives that lists how many green cards have been issued every year.

Are you sure those numbers will go to EB only or anyone who is backlogged (FB or some other cache of numbers that USCIS might disclose at that time).If its not written then there is intention of its use....example 245i...

pappu
04-18-2013, 07:18 AM
Please Note:
Requesting everyone to stay away from the trolls. Their anonymous posts should not be taken seriously. Many lawmaker offices and officials visit this website and immature posts, flame posts show us all in poor light. Many have created IDs these days and are posting. They were missing all this while to participate and volunteer. Some had been banned in the past and are antis posting to create distraction. Many posts were deleted yesterday. We will be strict with moderation and will ban such people without warning when they cross the line. If someone is serious about participating and helping get more provisions added/amended first step is to be a part of IV, understand what we do, contribute, participate in our action items, advocacy days etc.

pappu
04-18-2013, 07:29 AM
Requesting everyone to avoid using the word illegal and not beat down on that group. This website is a responsible website run by sincere people to the cause. It is not interested in generating revenue by more page views, selling some service or advertise a business. We have posted about this many times and still some people are immature and insensitive. They are hurting themselves by posting that. Maybe they want high skill efforts to fail. Just think if you go with what you have written in your post to lawmakers berating undocumented and showing arrogance about high skilled, do you really think anyone will listen to you? This is why we always ask people to first be a part of IV, understand the politics of the issue, take part in advocacy days, local meetings , read what we write to educate yourself. It is very easy to become an armchair critic and give ideas, amendments, but very difficult to implement those ideas. We have been working very hard with offices to get where we are now. we have a good chance to get a lot done if we have everyones support in the coming days. Let us show maturity when writing our feedback and questions on the bill.

Murthy
04-18-2013, 07:44 AM
Thanks to everyone for the informative messages. After reading all messages 2 things are not clear. So requesting admins if they can throw some light.

Both quesitons are assuming bill passes in next 6 months.

1. In all previos posts some people are saying 'exemption of dependents in demand count' will be in effect from Oct 2013, some are saying Oct 2014. Which one is correct?

2. Some people said, from Oct 2014, all EBs who are waiting for 5 years before the bill pass ( approx with priority dates before Oct 2008 ) will be divided into 7 batches to be clear in next 7 years. Question is what happens to the people who have PD after 2008 i.e. from 2008 to till date. How is their applications processed? Do they have to apply for something different?

Assuming bill passes and becomes law
1.Will all pending I-485's for visa numbers for Eb-2 and EB-3 categories be cleared within a year at least ?
2.How USCIS will interpret the new law for these pending I-485's ?
Should we have to resubmit certain information again??.
3.As I understood for all new I-485's may go in the line of new point system for earning a visa to get GC.
Regards

dhakaldoo
04-18-2013, 09:11 AM
Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair.

Just wanted to add to above observation. Correct me if I am wrong.

"‘‘(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non- immigrant is a beneficiary."

Does this mean, for example
If I graduated in 2006, I have to have my GC filed within 5 years to be able to qualify as STEM. So my deadline is 2011.
This can cause problems in following situation :

1.Even though after graduating you have only 6 years to work on h1b, some employers will wait till the last year of the H1b to file for green card. which will be more than 5 years after graduation. SO in above case my employer may file only in 2012
2. Many graduate students will take advantage of 27 month OPT which will add two more years to this. so the H1b last year ends in 2014 or so which easily misses the 5 year deadline.

It will be unfair if such students are excluded from the STEM category.

imh1b
04-18-2013, 09:28 AM
Just wanted to add to above observation. Correct me if I am wrong.

"‘‘(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non- immigrant is a beneficiary."

Does this mean, for example
If I graduated in 2006, I have to have my GC filed within 5 years to be able to qualify as STEM. So my deadline is 2011.
This can cause problems in following situation :

1.Even though after graduating you have only 6 years to work on h1b, some employers will wait till the last year of the H1b to file for green card. which will be more than 5 years after graduation. SO in above case my employer may file only in 2012
2. Many graduate students will take advantage of 27 month OPT which will add two more years to this. so the H1b last year ends in 2014 or so which easily misses the 5 year deadline.

It will be unfair if such students are excluded from the STEM category.

Does it have to be a US graduate degree?

Can someone from outside US who has studied a STEM degree in the last five years apply? Such law will open greencard to every person in the world who got masters degree in STEM?

I am not sure if this is well thought out. They should simply award greencard to anyone immediately graduating from US university in STEM from the date of enactment.

immigrant2007
04-18-2013, 09:32 AM
Just wanted to add to above observation. Correct me if I am wrong.

"‘‘(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non- immigrant is a beneficiary."

Does this mean, for example
If I graduated in 2006, I have to have my GC filed within 5 years to be able to qualify as STEM. So my deadline is 2011.
This can cause problems in following situation :

1.Even though after graduating you have only 6 years to work on h1b, some employers will wait till the last year of the H1b to file for green card. which will be more than 5 years after graduation. SO in above case my employer may file only in 2012
2. Many graduate students will take advantage of 27 month OPT which will add two more years to this. so the H1b last year ends in 2014 or so which easily misses the 5 year deadline.

It will be unfair if such students are excluded from the STEM category.

as per some of the members here "US doesn't owes anything to anyone "

loknath7
04-18-2013, 09:34 AM
A Big Chunk of Employment-Based Visas Will Be Freed Up

Part of the bill will allow permanent residents to bring their spouses and children into the country, without any yearly limit on how many people can come in.

As I wrote on Tuesday, that's important because it makes the idea of immigrating to the U.S. more appealing, since green card holders will be able to bring their immediate family with them.

But there's another benefit. Employment-based green cards are capped at 140,000 per year. In the 2012 fiscal year, spouses and children of green-card holders used 78,000 of those visas. Under the Senate bill, those visas will be freed up for new workers.

dhakaldoo
04-18-2013, 09:38 AM
Does it have to be a US graduate degree?

Can someone from outside US who has studied a STEM degree in the last five years apply? Such law will open greencard to every person in the world who got masters degree in STEM?

I am not sure if this is well thought out. They should simply award greencard to anyone immediately graduating from US university in STEM from the date of enactment.

No. If you check the document posted, on page 305 you will see definition of STEM graduate which is summarized as
1. Earned masters or higher from US University
2. Has a job offer
3. And the 5 year limitation.



as per some of the members here "US doesn't owes anything to anyone "

Ignore such comments and members.

immigrant2007
04-18-2013, 09:40 AM
A Big Chunk of Employment-Based Visas Will Be Freed Up

Part of the bill will allow permanent residents to bring their spouses and children into the country, without any yearly limit on how many people can come in.

As I wrote on Tuesday, that's important because it makes the idea of immigrating to the U.S. more appealing, since green card holders will be able to bring their immediate family with them.

But there's another benefit. Employment-based green cards are capped at 140,000 per year. In the 2012 fiscal year, spouses and children of green-card holders used 78,000 of those visas. Under the Senate bill, those visas will be freed up for new workers.

question is how soon will they be made available to us?

pd052011
04-18-2013, 09:40 AM
No. If you check the document posted, on page 305 you will see definition of STEM graduate which is summarized as
1. Earned masters or higher from US University
2. Has a job offer
3. And the 5 year limitation.


I simply cant wrap my head around the 5-year rule. Wondering why that was inserted? Is it to facilitate easier GC for STEM Grads (<5 years)?

pd052011
04-18-2013, 09:46 AM
Admin,

Please include an amendment for oversight on EB1 Multinational Managers/Executives.

1 or 2-yr residency requirement before an immigrant visa application can be filed by employer on behalf of these employees.
Employee must work for the petitioning employer 360 days after getting the immigrant visa approval.
Petitioning employer to provide evidence on how many immigrant visa applications have been filed in this category per department/division during each fiscal year. (Ties back to H1/L1 fraud prevention)

keyurpatel80
04-18-2013, 09:52 AM
I just read in Foxnews
"Notably, the new bill allows an H1-B visa holder to change jobs after three months, a point of contention among critics who said that forcing people on employment visas to be tied to a single employer makes that worker vulnerable to exploitation. The current terms of the visa don't allow holders to switch employers.

Read more: http://latino.foxnews.com/latino/politics/2013/04/18/immigration-reform-tale-tape-comparing-2013-and-2007-proposed-laws/#ixzz2Qp7cGtWQ"

Does new bill allow H1B to change employer without impacting their GC process ?
Any idea ?

imh1b
04-18-2013, 09:58 AM
Admin,

Please include an amendment for oversight on EB1 Multinational Managers/Executives.

Employee must work for the petitioning employer 360 days after getting the immigrant visa approval.
Petitioning employer to provide evidence on how many immigrant visa applications have been filed in this category per department/division during each fiscal year. (Ties back to H1/L1 fraud prevention)


We have to be careful what we ask for. Do you want these to also apply for EB2 and EB3?
Just because people blame EB1C Multinational managers on postings does not mean anything. They just want to blame someone for not getting greencard. They do not like when someone else get greencard faster than them. Lets be careful while suggesting tough laws. It will apply to us too.

imh1b
04-18-2013, 09:59 AM
IV admins. One request.

If W low skilled visa holder's spouses/dependents can get employment authorization without any reciprocity rules from sending country, why can't the same rule of law be applied to spouses/dependents of H1 visa as well ?

Can we atleast have an additional provision where if H4 visa has a legitimate job offer/letter from any US employer he/she can get employment authorization.

It is created to allow skilled US citizen spouses to be able to work in other countries. I see no problem with that. US is just protecting its interests.

imh1b
04-18-2013, 10:02 AM
I just read in Foxnews
"Notably, the new bill allows an H1-B visa holder to change jobs after three months, a point of contention among critics who said that forcing people on employment visas to be tied to a single employer makes that worker vulnerable to exploitation. The current terms of the visa don't allow holders to switch employers.

Read more: http://latino.foxnews.com/latino/politics/2013/04/18/immigration-reform-tale-tape-comparing-2013-and-2007-proposed-laws/#ixzz2Qp7cGtWQ"

Does new bill allow H1B to change employer without impacting their GC process ?
Any idea ?

Fox is a conservative news channel. It is a channel that antis like.
I am reading summery by IV only.

pd052011
04-18-2013, 10:03 AM
We have to be careful what we ask for. Do you want these to also apply for EB2 and EB3?
Just because people blame EB1C Multinational managers on postings does not mean anything. They just want to blame someone for not getting greencard. They do not like when someone else get greencard faster than them. Lets be careful while suggesting tough laws. It will apply to us too.

There should be some oversight on EB1C. EB2-3 are already greatly controlled through retrogression, PERM, employer-employee relationship (binding) etc. There are few of those restrictions on EB1C.

keyurpatel80
04-18-2013, 10:10 AM
Quote:
Originally Posted by keyurpatel80
I just read in Foxnews
"Notably, the new bill allows an H1-B visa holder to change jobs after three months, a point of contention among critics who said that forcing people on employment visas to be tied to a single employer makes that worker vulnerable to exploitation. The current terms of the visa don't allow holders to switch employers.

Read more: http://latino.foxnews.com/latino/politics/2013/04/18/immigration-reform-tale-tape-comparing-2013-and-2007-proposed-laws/#ixzz2Qp7cGtWQ"

Does new bill allow H1B to change employer without impacting their GC process ?
Any idea ?
Fox is a conservative news channel. It is a channel that antis like.
I am reading summery by IV only.


but has it mentioned in the bill ? Can we change employer after 3 months ?

dkar
04-18-2013, 10:42 AM
Assuming bill passes and becomes law
1.Will all pending I-485's for visa numbers for Eb-2 and EB-3 categories be cleared within a year at least ?
2.How USCIS will interpret the new law for these pending I-485's ?
Should we have to resubmit certain information again??.
3.As I understood for all new I-485's may go in the line of new point system for earning a visa to get GC.
Regards

Assuming bill passes and becomes law:

As I understand it(and I may be wrong):

1. No. All pending EB3 and EB2 will be approved in 7 batches, one batch a year, in 7 years starting from FY2015. So I think(from the demand data) I(Nov 2004 India) may fall in one of the middle batch, 4th or 5th and will get my GC in 2018 or 2019.

2. Pending EB will go into MERIT-BASED TRACK TWO, which is not point based. They will be approved automatically, in 7 years starting FY2015, one batch a year. I am assuming they will get divided into 7 according to the priority date.

3. See 2. above.

pd052011
04-18-2013, 10:46 AM
Assuming bill passes and becomes law:

As I understand it(and I may be wrong):

1. No. All pending EB3 and EB2 will be approved in 7 batches, one batch a year, in 7 years starting from FY2015. So I think(from the demand data) I(Nov 2004 India) may fall in one of the middle batch, 4th or 5th and will get my GC in 2018 or 2019.

2. Pending EB will go into MERIT-BASED TRACK TWO, which is not point based. They will be approved automatically, in 7 years starting FY2015, one batch a year. I am assuming they will get divided into 7 according to the priority date.

3. See 2. above.


My interpretation is:
The merit-based system will be implemented 5 years after enactment of the law. So that's October 2019. Until then the existing backlogs will be cleared via removal of country caps, derivative beneficiaries, physicians and PhDs from the lines. Merit-based system is for all future immigration. Not existing backlogs.

Vagabond
04-18-2013, 10:51 AM
Assuming bill passes and becomes law:

As I understand it(and I may be wrong):

1. No. All pending EB3 and EB2 will be approved in 7 batches, one batch a year, in 7 years starting from FY2015. So I think(from the demand data) I(Nov 2004 India) may fall in one of the middle batch, 4th or 5th and will get my GC in 2018 or 2019.

2. Pending EB will go into MERIT-BASED TRACK TWO, which is not point based. They will be approved automatically, in 7 years starting FY2015, one batch a year. I am assuming they will get divided into 7 according to the priority date.

3. See 2. above.

How will it work for people who will be starting GC process in near future?
Assuming EB2 PD of late 2013 chance of processing start may not be before 2020. Or they will transfer these cases to new point base system?

booyakasha
04-18-2013, 10:58 AM
I would agree. If the principal beneficiary has served both the terms on H1 and has a pending immigration application, spouses should be eligible to work. These were the exacts terms USCIS was exploring a few months back.

dkar
04-18-2013, 11:00 AM
My interpretation is:
The merit-based system will be implemented 5 years after enactment of the law. So that's October 2019. Until then the existing backlogs will be cleared via removal of country caps, derivative beneficiaries, physicians and PhDs from the lines. Merit-based system is for all future immigration. Not existing backlogs.

It appears that is not the case, unfortunately. "removal of country caps, derivative beneficiaries, physicians and PhDs from the lines" and visa recapture plus repeal of diversity visa etc, none of these will benefit pending EB3 & EB2 for this simple reason:

All pending EB will fall into "MERIT-BASED TRACK TWO" and will be assigned GCs from FY2015.
All pending EB will be divided into 7 fixed batches and issued GCs in 7 years.
i.e. if you fall into the first batch you will get the GC in FY-2015 and the seventh batch will get the GC in FY-2021(2021/2022).

Please see the following(notice the bolded parts):
-------------------------------------------------------
(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
-------------------------------------------------------

dkar
04-18-2013, 11:03 AM
How will it work for people who will be starting GC process in near future?
Assuming EB2 PD of late 2013 chance of processing start may not be before 2020. Or they will transfer these cases to new point base system?

*The pending EB applicants will go into "MERIT-BASED TRACK TWO" (not based on points).
*The future EB applicants will go into "MERIT-BASED POINTS TRACK ONE" which is points based.

amulchandra
04-18-2013, 11:09 AM
It appears that is not the case, unfortunately. "removal of country caps, derivative beneficiaries, physicians and PhDs from the lines" and visa recapture plus repeal of diversity visa etc, none of these will benefit pending EB3 & EB2 for this simple reason:

All pending EB will fall into "MERIT-BASED TRACK TWO" and will be assigned GCs from FY2015.
All pending EB will be divided into 7 fixed batches and issued GCs in 7 years.
i.e. if you fall into the first batch you will get the GC in FY-2015 and the seventh batch will get the GC in FY-2021(2021/2022).

Please see the following(notice the bolded parts):
-------------------------------------------------------
(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
-------------------------------------------------------

The visas allocated in batches are in addition to the existing number of visas available. The key is to read the line 18 thru 22 under section 2302. My understanding is that the amended Immigration and nationality act doesn't have country quotas and dependents are exempted. In addition to those visas allocated by INA the batch visas will be extra. This way EB3 I will be current on oct 1st 2014.

Vagabond
04-18-2013, 11:12 AM
*The pending EB applicants will go into "MERIT-BASED TRACK TWO" (not based on points).
*The future EB applicants will go into "MERIT-BASED POINTS TRACK ONE" which is points based.

Thanks.. I assume future means someone who will start GC process after bill is passed.. considering that there is no clarity on how merit based points system will work, it is wise to rush and start GC process before bill is signed? or wait for point system and file immediately in the new system which may be faster..
I am new to this GC process hence asking these questions to Gurus here :)

sup_eb2_2009
04-18-2013, 11:20 AM
Clearly, if the batch process (merit -2 ) goes parallel with point based merit-1 the whole system becomes outrageously unfair. Someone applying GC in 2015 January ( PD Jan 2015 ) will apply in Merit category-1, and get GC immediately whereas someone from the old batch with a PD or 2008 or 2009 ( like me ) will be waiting in the merit-2 list to be cleared in 2022. That means the the applicant with same credential applying in 2015 will be 7 years before than the person applied with same credential in 2008. Sounds really strange to me.

dkar
04-18-2013, 11:26 AM
The visas allocated in batches are in addition to the existing number of visas available. The key is to read the line 18 thru 22 under section 2302. My understanding is that the amended Immigration and nationality act doesn't have country quotas and dependents are exempted. In addition to those visas allocated by INA the batch visas will be extra. This way EB3 I will be current on oct 1st 2014.

I wish you are right. But I don't read it that way.

Here is how read it:
18 to 22 only lays out a (general) prologue explaining in addition to Visas made available according to the new law to number restricted categories i.e. MERIT-BASED TRACK ONE, family based and other, the secretary will additionally(irrespective of and not tied to the no. of Visas available that Fiscal Year), will approve pending EBs who now fall into MERIT-BASED TRACK TWO in 7 years, one batch a year.
-------------------------------------------------------------
17 SEC. 2302. MERIT-BASED TRACK TWO.
18 (a) IN GENERAL.—In addition to any immigrant visa
19 made available under the Immigration and Nationality Act
20 (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec
21 retary of State shall allocate merit-based immigrant visas
22 as described in this section.
-------------------------------------------------------------


>>>>"This way EB3 I will be current on oct 1st 2014"<<<<
there is one very important question in this context:
If EB will be current on Oct 1st 2014, why place pending EB into TRACK TWO and assign 1/7th each year for 7 years?

amulchandra
04-18-2013, 11:32 AM
I wish you are right. But I don't read it that way.

Here is how read it:
18 to 22 only lays out a (general) prologue explaining in addition to Visas made available according to the new law to number restricted categories i.e. MERIT-BASED TRACK ONE, family based and other, the secretary will additionally(irrespective of and not tied to the no. of Visas available that Fiscal Year), will approve pending EBs who now fall into MERIT-BASED TRACK TWO in 7 years, one batch a year.
-------------------------------------------------------------
17 SEC. 2302. MERIT-BASED TRACK TWO.
18 (a) IN GENERAL.—In addition to any immigrant visa
19 made available under the Immigration and Nationality Act
20 (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec
21 retary of State shall allocate merit-based immigrant visas
22 as described in this section.
-------------------------------------------------------------


>>>>"This way EB3 I will be current on oct 1st 2014"<<<<
there is one very important question in this context:
If EB will be current on Oct 1st 2014, why place pending EB into TRACK TWO and assign 1/7th each year for 7 years?

My understanding is that no one knows the pending inventory in EB3 after July 2007. The batches are to accommodate the remaining people if the demand exceeds supply of visa numbers from their allotment under the amended INA. That way they can clear all the backlog before the merit based system track one kicks in.

dkar
04-18-2013, 11:43 AM
My understanding is that no one knows the pending inventory in EB3 after July 2007. The batches are to accommodate the remaining people if the demand exceeds supply of visa numbers from their allotment under the amended INA. That way they can clear all the backlog before the merit based system track one kicks in.

According to the text language:
On 1st Oct 2004 I(Nov 2004 EB3 I) I will fall into MERIT-BASED TRACK TWO.
If I fall into MERIT-BASED TRACK TWO, I will only be processed according to the rules of MERIT-BASED TRACK TWO.

Do you read it that I can be in TRACK ONE and TRACK TWO at the same time?

The existing system ceases to be in effect on 1st Oct 2004 and there is only TRACK ONE and TWO for EB from then on.

pd052011
04-18-2013, 11:44 AM
Can we at least request an amendment for issuing EADs to everyone in EB backlogs with a flexibility to travel, change employers, accept promotion etc?

Everyone here is looking at at least 3-4 years wait from 2013.

dkar
04-18-2013, 11:46 AM
Can we at least request an amendment for issuing EADs to everyone in EB backlogs with a flexibility to travel, change employers, accept promotion etc?

Everyone here is looking at at least 3-4 years wait from 2013.

The way I read it, some of pending EB who fall into the 7th batch will get their GC in 2021/2022.

pd052011
04-18-2013, 11:48 AM
The way I read it, some of pending EB who fall into the 7th batch will get their GC in 2021/2022.

Oy vey!!

Administrator2
04-18-2013, 12:08 PM
*The pending EB applicants will go into "MERIT-BASED TRACK TWO" (not based on points).
*The future EB applicants will go into "MERIT-BASED POINTS TRACK ONE" which is points based.

Thanks all, for many good suggestions. This is very helpful. Please keep sending the suggestions.

Also, just to clarify, the new "MERIT-BASED" system is parallel to the existing EB system. No one needs to re-apply in the new "MERIT-BASED" categories if you don't want. We understand that this is all very new, but there is no need to jump to conclusions or press the panic button for no reason. This is a proposal, it will go through a process, and it will be improved upon from where it is when the bill was introduced.

Stay positive, provide constructive suggestions, there is only finite amounts of energies, so no need to get personal or attack others, please spend your energies judiciously so we can make the best use of the time.

Romeo
04-18-2013, 12:09 PM
How about adding an amendment such as legal immigrants in line will be eligible for EAD , change of employer and accept promotion following the enactment of the bill.The way I am seeing it is a lot of effort has been directed to minimize abuse in H1b than streamlining the backlogs clogging eb2and eb3. Kudos to IV team,volunteers and everybody working tirelessly for the betterment of immigrant community.Thank you

sup_eb2_2009
04-18-2013, 12:14 PM
I feel the most important amendments that needs is to NOT WAIT FOR 1 YEAR after the bill is introduced. Right now the proposal is all important things like - 1. country cap removal 2. recapture of old visa 3. exempting dependents - will be enacted after 1 year. That is too late. If the bill delays to get passed, it will potentially be 2015 Oct by the time everything starts to take place.
I feel we need lobby to enact those measures as soon as the bill passes. That will surely clear the backlog and there will be no need to have the discussion about 7 years long Merti Track -2

AnnaRamdev
04-18-2013, 12:18 PM
Why did you post your question on this thread? How is your question related to the topic of this thread. You need to post on another thread or start a new one.

Guys please do not answer him. People need to be educated and responsible enough if they are high skilled to post on right thread and not pollute the forum topics.

pgarsi is trying to be smart.
oh no he is very smart

gvenkat
04-18-2013, 12:18 PM
I feel the most important amendments that needs is to NOT WAIT FOR 1 YEAR after the bill is introduced. Right now the proposal is all important things like - 1. country cap removal 2. recapture of old visa 3. exempting dependents - will be enacted after 1 year. That is too late. If the bill delays to get passed, it will potentially be 2015 Oct by the time everything starts to take place.
I feel we need lobby to enact those measures as soon as the bill passes. That will surely clear the backlog and there will be no need to have the discussion about 7 years long Merti Track -2

Implementing the bill from FY 2014 at least for minor things like Recapture, No country quota etc.. Should be requested as an amendment. That's my suggestion

tc2007
04-18-2013, 12:19 PM
Friends,

I am in EB3 with PD April 2008. Current status - I140 approved and just extended my H1-B and have the validity till 2015.

I got an good offer from an other company and they are doing my H1-B transfer. They offered to start my GC in EB2 with in 3 months of may joining.

Is this a good decision to take this offer at this stage. (especially we are waiting for this immigration bill to pass by end of this year). My concern is, I need to go through labor and 140 again, so not sure how this bill will impact new GC cases.

Really confused what to do at this stage..Do you guys have any suggestion for me.. Is that better to wait and decide?

If I were you I would only jump if they port the priority date to EB2 and file the EB2 labor before you made the move. In other words, they file the labor first, then it gets approved, then you switch your H1 to them and after 2-3 paychecks they file your new I140.

Also the new company should be much more stable and proven to get EB2 GCs before. Do you know anyone else who got their EB2 GC with the new company? DO NOT JOIN UNTIL THEY FILE YOUR LABOR FIRST.

Romeo
04-18-2013, 12:27 PM
If this bill can provide some certainty to legal immigrant removing the regulatory over hang its going to add hundreds of millions of dollars in terms of purchasing power, which will help economy as a whole though it may be a drop in the bucket but each drop helps.How can we make this bill better for skilled immigrants currently waiting for green cards.People have been waiting over a decade for green cards , paying taxes and following the law of the land.From a personal perspective its just unfair and asking them to wait for another couple years while undocumented immigrants has the flexibility of switching jobs,spousal work permits following the bill enactment. If we can persuade our lawmakers to provide EAD for legal immigrants while waiting for the card availability that itself will be a huge reprieve.Thank you IV .

Administrator2
04-18-2013, 12:32 PM
Implementing the bill from FY 2014 at least for minor things like Recapture, No country quota etc.. Should be requested as an amendment. That's my suggestion


Guys,

Can we not talk about the same thing over and over again? This is not helping. We have noted this, and the EAD for H-4 without other requirements, and and STEM 5 year definition, and others that were discussed before. Can we get more / additional NEW ideas for improvements.

Why do we keep talking about the same thing over and over again? It doesn't help. What will help is, for those who want these changes, start mobilizing, ask your friends and colleagues to join, because there will be need to make phone calls, write letters, do meetings, the real shoe-leather advocacy work. Even if we ask for these amendments, it will all depend on the engagement of everyone, how much you are willing to stand-up. So be the agent of change if you desire to improve upon the base bill, and the last thing you want to do is spend time posting and reading the same thing over and over on forums or keep looking at your dates.

Get active in the real world, and not even for a minute be fooled into thinking that somehow you can stay quiet without actually getting engaged, and, somehow you can post demand list on forums creating action items for others. If that is your plan then you are wasting your time, and ours. Let us tell you as it is - if you don't engage, it won't work , if you haven't already figured it out. As compared to the larger issue, ours is a smaller community, and everyone needs to speak up IN THE REAL WORLD if you see this bill get better.

spicy_guy
04-18-2013, 12:54 PM
I am not sure if this point fits into the discussion. But this will fit well in the CIR.
Would they allow for faster Citizenship eligibility for the long 485 pending/backlogged cases. Maybe like merit-based / based on number of years pending.

I see this is a valid point. I know, we are still waiting/fighting for GC first. But just wanted to bring this up. :cool:

fossil_007
04-18-2013, 01:37 PM
Immigration Reform of 2013 has been introduced in the Senate. The bill was introduced at 2am by Sen. Schumer on his behalf and on behalf of his Senate colleagues Senator McCain, Durbin, Graham, Menendez, Rubio, Bennet and Flake.

Immigration Voice applaud the leadership of eight (8) senators for their bi-partisan effort in reforming the nation's broken Immigration system.

Here is the bill text for the Immigration Reform of 2013.
http://immigrationvoice.org/media/Immigration_Reform_bill_of_2013.pdf


Hello, Admin and members of IV
Thank you for keeping us updated

I have questions/concerns/issues/problem/worries about this clause

"(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non-immigrant is a beneficiary"

If the initial filing date is I-140 submission date

Considering a normal and pratical situation for each beneficiary

students after graduating, work 1 year on OPT
and many employers wait for the 5th year of the H1B to apply for I-140
so total of 1+5 = 6 years
and than the I-140 is applied

For example a beneficiary graduated in 2007 Dec

Dec 2007 - Degree earned
Jan 2007 - Oct 2008 on OPT - Total year after degree earned 1 year
Oct 2008 - Oct 2009 on H1B (1st year) - Total no. years after degree earned 2 year
Oct 2009 - Oct 2010 on H1B (2nd year) - Total no. years after degree earned 3 year
Oct 2010 - Oct 2011 on H1B (3rd year) - Total no. years after degree earned 4 year
Oct 2011 - Oct 2012 on H1B (4th year) - Total no. years after degree earned 5 year
Oct 2012 - Oct 2013 on H1B (5th year) - Total no. years after degree earned 6 year
Oct 2013 - Oct 2014 on H1B (6th year) - Total no. years after degree earned 7 year

In 2013 I-140 is applied and approved - Total no. year after degree earned 6 year
In 2014 I-140 is applied and approved - Total no. year after degree earned 7 year

In this situation the beneficiary whos I-140 is applied and approved in 2013 and 2014
falls out of the 5 year prior degree earned date and is not eligible by these clause which doesn't make any sense

so all beneficiaries who are graduated before Dec 2007 and have their I-140 cleard on 5th or 6th
year will be excluded from this clause

and there will be many of these applicatnts falling into this situation

I really think the 5 year should be ammended to more years as other member stated in this form to 10 or later

please can any correct me or this will be the situation for the beneficiaries who earned
their degrees on and before 2007 December

you input will be appreciated

Thank you everyone

deemenyc
04-18-2013, 01:48 PM
Will MBA be counted under STEM? The current STEM list covers the following:
52.1399 Management Science and Quantitative Methods, Other
52 52.1301 Management Science
Not sure if these would cover business degrees from top 20 schools.
Could IV add this to the list of suggested amends?

Only respond if you have something constructive to say.No negativity please.

bond4u
04-18-2013, 01:48 PM
Group of IV, please consider these items for advocacy.

1. Allow EB2,3 to file for EAD with approved I-140 on the same day illegals are allowed to apply in provisional status.
2. Visa recapture since 2001 as soon as CIR becomes law.
3. " No country quotas" should be explicitly mentioned in the CIR, otherwise USCIS will interpret what ever way they want.
4. H4 spouses should be able allowed to work in USA. Illegal aliens spouses are allowed to work, why not legal aliens spouses? Why to ask for country reciprocal deals? They easily allow L1 spouses to work, why is it different for H1 ?
5. A hard one. Make GC costs equal to what illegals will be paying, that is $2k. Why shud we pay $7k when they were asked to pay only $2k for breaking the law? Equal treatment for every1.
6. Make 3 year run in GC for every1 to file for citizenship, not only for dreamers and illegals. This is step mom treatment toward H1Bs from the senators when we pay the govt almost 30pct of our income as taxes. Where is equality in America?


I agree with your almost all points but about GC cost not sure why you comparing that. Actually employers are the one who sponsor and pay GC cost except body shops so that is big difference. 2k is actually a higher amount for someone who is earning 20k/year compare to high skill immigrant start with 60k as fresher in US with all benefits.

Secondly I would not use world illegal and resent against perks they will be getting. All legal aliens come from good families and with good education, opportunities available to us but these so called illegal aliens come to US just to feed their families through putting their life at dangers through various channels and works as janitors or farm worker in US on less than minimum wage hardly get 7-8 dollars. We should be empathize with their suffering and show the world we are not only high skill worker but good human beings.:)

dkar
04-18-2013, 02:00 PM
Looks like EB3I folks have no option but to port to EB2 and then see how does it go . looks like there is no provision for any country cap or recapture until 2015 . And even then they are talking about clearing the backlog from 2015-2021 , so EB3 I whose PD is later than 2006-2007 might be current only in 2021 ?

That is how I understood the language in the bill. Unless someone explains otherwise, referencing sections/page nos.

pappu
04-18-2013, 02:01 PM
MBA is not covered in STEM

sac-r-ten
04-18-2013, 02:13 PM
Basically they have divided the legal community more by including these tracks, paths, conditions. God only knows the real deal.

cheers.

sage2006
04-18-2013, 02:15 PM
For the past days we have a team of IV volunteers already diligently working in the back end, combing through the bill to identify changes,amendments, additions.
Several suggestions by members on the thread here (change effective date, clarify H4 ability to work clause etc) are already on our list.
Some additional good suggestions have been made here by members.

- Can we get 2-3 volunteers here to consolidate the good suggestions on this thread. (volunteer#1 can cover odd pages on thread..#2 can cover even pages on the thread..please coordinate accordingly). Some suggestions may already be on our list but no harm in multiple eyes reviewing the bill which can change our GC future.
- Folks making suggestions - Please reference the specific section# in the bill to which you are pointing to. As Admin pointed out we welcome ideas but make sure they are reasonable and pertinent. First focus is on sensible amendments/changes to existing clauses. Secondly, on addition of new provisions. Volunteers can split the list into two sections accordingly.
- One volunteer (e.g Volunteer#1) can consolidate the list at the end of each day or alternate day so people are aware of what has already been discussed and there are no repeat discussions (as what has been happening).

Let us make this an active ideas-based thread and come up with a final clear list by mid next week that we can use, as needed, during our ongoing advocacy efforts to keep our provisions in the bill/add suitable amendments and eventually get the bill passed.

unluckydude
04-18-2013, 02:16 PM
Guys,

Can we not talk about the same thing over and over again? This is not helping. We have noted this, and the EAD for H-4 without other requirements, and and STEM 5 year definition, and others that were discussed before. Can we get more / additional NEW ideas for improvements.
.


First of, a big THANK YOU to IV core, admin2, pappu, Donors and Volunteers for working towards to bring our issues to the forefront.

While I agree with most of the request here by my other friends but the underlying issue of getting relief to long awaiting folks at the EB category still exists. I still have this question lingering me on why laws are not taking affect immediately on passing the bill instead of wait for a year or two before it is effective. I feel the Justice delayed is justice denied.

In my opinion, the proposed bill doesn't encourage legal immigration into this country. Many of the reasons are already listed by others. I would like to add one. While the lawmakers are hellbent in giving a pathway to citizenship in 13 years to the undocumented after meeting certain criteria like paying taxes and fines (for staying in the country unauthorized) , why not consider giving eligibility to citizenship for people who are here for more than 13 years by entering the country legally and maintain legal status, pay taxes etc? Is this asking for too much? What is the incentive of coming into the country legally and what are we going to tell the world about migrating into this country - enter legally and be a slave for ever without any status or enter thru the backdoor and get citizenship in 13 years?

my 2 cents.

Gemini13
04-18-2013, 02:21 PM
Hello, Admin and members of IV
Thank you for keeping us updated

I have questions/concerns/issues/problem/worries about this clause

"(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non-immigrant is a beneficiary"

If the initial filing date is I-140 submission date

Considering a normal and pratical situation for each beneficiary

students after graduating, work 1 year on OPT
and many employers wait for the 5th year of the H1B to apply for I-140
so total of 1+5 = 6 years
and than the I-140 is applied

For example a beneficiary graduated in 2007 Dec

Dec 2007 - Degree earned
Jan 2007 - Oct 2008 on OPT - Total year after degree earned 1 year
Oct 2008 - Oct 2009 on H1B (1st year) - Total no. years after degree earned 2 year
Oct 2009 - Oct 2010 on H1B (2nd year) - Total no. years after degree earned 3 year
Oct 2010 - Oct 2011 on H1B (3rd year) - Total no. years after degree earned 4 year
Oct 2011 - Oct 2012 on H1B (4th year) - Total no. years after degree earned 5 year
Oct 2012 - Oct 2013 on H1B (5th year) - Total no. years after degree earned 6 year
Oct 2013 - Oct 2014 on H1B (6th year) - Total no. years after degree earned 7 year

In 2013 I-140 is applied and approved - Total no. year after degree earned 6 year
In 2014 I-140 is applied and approved - Total no. year after degree earned 7 year

In this situation the beneficiary whos I-140 is applied and approved in 2013 and 2014
falls out of the 5 year prior degree earned date and is not eligible by these clause which doesn't make any sense

so all beneficiaries who are graduated before Dec 2007 and have their I-140 cleard on 5th or 6th
year will be excluded from this clause

and there will be many of these applicatnts falling into this situation

I really think the 5 year should be ammended to more years as other member stated in this form to 10 or later

please can any correct me or this will be the situation for the beneficiaries who earned
their degrees on and before 2007 December

you input will be appreciated

Thank you everyone

Fossil,

Nice explanation. This item impacts lot of members, and as already mentioned by Admin, it is on IV amendment agenda. Contact you senator and congressman with specific wording you want to be changed/romoved from bill as amendment. As mentioned earlier, be polite, concise and to the point in you communication to senators and congressman.. Good luck!!

Murthy
04-18-2013, 02:22 PM
My interpretation is:
The merit-based system will be implemented 5 years after enactment of the law. So that's October 2019. Until then the existing backlogs will be cleared via removal of country caps, derivative beneficiaries, physicians and PhDs from the lines. Merit-based system is for all future immigration. Not existing backlogs.
This CIR is useless if EB3 PD Nov 2004 guy gets GC in 2019.I think Merit based system is only for future GC and people who not yet filed I-485 as PD is not current.Looks like no one knows what is the process for the clearing of existing back log of EB2 or EB3 .I don't see 7 year batches etc in the bill.It is all guess work.Can IV core can explain how the existing backlog of Eb2 and Eb3 whose I-485 are pending for non-Availability of Visa numbers
will be handled by USCIS if present CIR becomes law.What would be time frame for this.
IV admin reply is highly appreciated.

gk_2000
04-18-2013, 02:34 PM
Guys,

Can we not talk about the same thing over and over again? This is not helping. We have noted this, and the EAD for H-4 without other requirements, and and STEM 5 year definition, and others that were discussed before. Can we get more / additional NEW ideas for improvements.

Why do we keep talking about the same thing over and over again? It doesn't help. What will help is, for those who want these changes, start mobilizing, ask your friends and colleagues to join, because there will be need to make phone calls, write letters, do meetings, the real shoe-leather advocacy work. Even if we ask for these amendments, it will all depend on the engagement of everyone, how much you are willing to stand-up. So be the agent of change if you desire to improve upon the base bill, and the last thing you want to do is spend time posting and reading the same thing over and over on forums or keep looking at your dates.

Get active in the real world, and not even for a minute be fooled into thinking that somehow you can stay quiet without actually getting engaged, and, somehow you can post demand list on forums creating action items for others. If that is your plan then you are wasting your time, and ours. Let us tell you as it is - if you don't engage, it won't work , if you haven't already figured it out. As compared to the larger issue, ours is a smaller community, and everyone needs to speak up IN THE REAL WORLD if you see this bill get better.

Dear Admin2
Forgive me if this suggestion is already noted -- but how about
In addition to complete job mobility persons on H1/H4 get to operate their own start-ups?
Also, how about delaying the additional H1B provisioning? Because we do need to reconsider the employer requirements after our current batch of H1's are freed to change jobs.

dkar
04-18-2013, 02:35 PM
This CIR is useless if EB3 PD Nov 2004 guy gets GC in 2019.I think Merit based system is only for future GC and people who not yet filed I-485 as PD is not current.Looks like no one knows what is the process for the clearing of existing back log of EB2 or EB3 .I don't see 7 year batches etc in the bill.It is all guess work.Can IV core can explain how the existing backlog of Eb2 and Eb3 whose I-485 are pending for non-Availability of Visa numbers
will be handled by USCIS if present CIR becomes law.What would be time frame for this.
IV admin reply is highly appreciated.

-------------------------------------------------------
(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
-------------------------------------------------------

sage2006
04-18-2013, 02:45 PM
Volunteers please step forward to help with the below. We need to start organizing the ideas on this thread asap.

By the way - here is an ongong live video of the Senators behind CIR sharing their prespective

Gang of 8 Explains Senate Immigration Proposal - YouTube (http://www.youtube.com/watch?v=bjS0HL6MC5Q)

For the past days we have a team of IV volunteers already diligently working in the back end, combing through the bill to identify changes,amendments, additions.
Several suggestions by members on the thread here (change effective date, clarify H4 ability to work clause etc) are already on our list.
Some additional good suggestions have been made here by members.

- Can we get 2-3 volunteers here to consolidate the good suggestions on this thread. (volunteer#1 can cover odd pages on thread..#2 can cover even pages on the thread..please coordinate accordingly). Some suggestions may already be on our list but no harm in multiple eyes reviewing the bill which can change our GC future.
- Folks making suggestions - Please reference the specific section# in the bill to which you are pointing to. As Admin pointed out we welcome ideas but make sure they are reasonable and pertinent. First focus is on sensible amendments/changes to existing clauses. Secondly, on addition of new provisions. Volunteers can split the list into two sections accordingly.
- One volunteer (e.g Volunteer#1) can consolidate the list at the end of each day or alternate day so people are aware of what has already been discussed and there are no repeat discussions (as what has been happening).

Let us make this an active ideas-based thread and come up with a final clear list by mid next week that we can use, as needed, during our ongoing advocacy efforts to keep our provisions in the bill/add suitable amendments and eventually get the bill passed.

prince_nagi@yahoo.com
04-18-2013, 02:50 PM
Does it allow filing I-485 for approved I-140 ?

To be clear can we file for EAD for principle applicant and spouse if I 140 is approved ? This is so unfair that undocumented gets a work authorization + travel document and can work for any employer , but EB stand in line and pay taxes get second class treatment. :confused:

More over we pay big money for our green card as well.:confused:

prince_nagi@yahoo.com
04-18-2013, 03:10 PM
Volunteers please step forward to help with the below. We need to start organizing the ideas on this thread asap.

By the way - here is an ongong live video of the Senators behind CIR sharing their prespective

Gang of 8 Explains Senate Immigration Proposal - YouTube (http://www.youtube.com/watch?v=bjS0HL6MC5Q)

MERIT-BASED IMMIGRANTS.—An alien who—
7 (A) is not admitted pursuant to subpara8
graph (W) of section 101(a)(15) of the Immi9
gration and Nationality Act (8 U.S.C.
10 1101(a)(15)); and
11 (B) has been lawfully present in the
12 United States for not less than 10 years; and

Page 271

So the question is if the applicant has to be in us for 10 years continuous ?

It is not possible as H1 is valid for 6 yrs only and can get an extension if we have EB pending (if you have a EB you are covered in other section ). The 10 yr requirement should not be mandatory continuous stay but should be time combined on h1 , l1 , b1, h4, l2 , not necessary continuous. Pls keep in mind in any status we pay tax and SS. :confused:

pappu
04-18-2013, 03:23 PM
The 2 volunteers can post the consolidated list on the thread at the end of the day. This will help avoid repetition of the same idea in posts. Additionally each amendment MUST reference appropriate bill section and paragraph to amend. Without this information it makes the job of volunteers more time consuming to first figure out the location of these references and then , write the suggested amended language. So its better we all spend some time ourselves going through the bill and point to relevant sections while commenting on it.

Administrator2
04-18-2013, 03:30 PM
Here is our press release for the release of CIR -

Immigration Voice Applauds Senate Gang of Eight for Proposal to Reduce Green Card Backlogs (http://www.prweb.com/releases/prweb2013/4/prweb10644335.htm)

pd052011
04-18-2013, 03:51 PM
http://www.migrationpolicy.org/pubs/CIRbrief-2013SenateFramework-Side-by-Side.pdf

Murthy
04-18-2013, 03:59 PM
-------------------------------------------------------
(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
-------------------------------------------------------

Dear dkar
I got it.But you missed one important line
a) IN GENERAL.—In addition to any immigrant visa
19 made available under the Immigration and Nationality Act
20 (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec21
retary of State shall allocate merit-based immigrant visas
22 as described in this section.
Since there is no per country cap (section 2306) and effective date is 1 year after the date of the enactment of this Act --See page 296 Line 6) means 1st Oct 2014 (Fiscal Year 2015),we have 40% of 1,40,000 visas.Merit based visas don't count this.Also spouse and children also don't count in numbers, I don't think Nov 2004 EB3 PD guy gets GC in 2019.Also I see All Employment-Based I-485 Inventory pending at the Service Centers and Field Offices as of 01/3/ 2013 only about 30,000 up to 2004 end EB2 & EB3 together.I don't see much panic here.Removal country cap is big IV achievement.
Regards

Murthy
04-18-2013, 04:32 PM
Great Job IV. Thanks a lot.

For those who are looking for where per country cap is eliminated:

SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.
9 (a) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is
amended—
(1) in the paragraph heading, by striking
‘‘AND EMPLOYMENT-BASED’’;
(2) by striking ‘‘(3), (4), and (5),’’ and inserting ‘‘(3) and (4),’’;
(3) by striking ‘‘subsections (a) and (b) of section 203’’ and inserting ‘‘section 203(a)’’;
(4) by striking ‘‘7’’ and inserting ‘‘15’’; and
(5) by striking ‘‘such subsections’’ and inserting ‘‘such section’’.

If you go and look at U.S.C. 1152(a)(2), this talks about country caps for family and employment based categories. The above strikes of employment based country caps still keeping country caps for family based green cards.

Yes it is true that NUMERICAL LIMITATIONS removed for EB category only (even in old HR 3012).What I concern is effective date.In the bill it says it will be effective from 1 year after the date of enactment of this Act.ie FY2015 (page 296 Line 6) ie 1 Oct 2014.This may not give immediate relief.Suggestion for IV :It would be good to negotiate for this so that effective date would be FY 2014 ie 1st October 2013.

solarjf11
04-18-2013, 04:36 PM
Can we include H1B visa revalidation in USA itself as part of amendment/provision?

pd052011
04-18-2013, 04:37 PM
(x-post from my other thread)
CIR: Pending EB will be approved in 7 batches starting FY2015 and ending in FY2021?

Unless I am getting this wrong, it appears to me that:
All EB based applicants whose application is pending for 5 years the day before this law is enacted, will be divided into 7 batches(i.e. with priority date upto 2008, approx). And each batch will be approved starting FY2015 and ending in 2021.

----------------------------------------------------------
(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
----------------------------------------------------------

The point based system is track 1.
The (5 year)pending EB will be approved automatically (no points) in track 2. But it will take 7 batches and 7 years starting 2015 and ending 2021/22.
Looks like 2 to 9 year wait for EB.

Recapture will only start in FY2015.
Irrespective of (and despite) recapture (5 year)pending EB will only be approved in 7 batches for 7 years. Recapture won't facilitate faster approval.

----------------------------------------------------------
(Page 276)
3 SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UN
4 USED IMMIGRANT VISAS.
5 (a) EMPLOYMENT-BASED IMMIGRANTS.—Section
6 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
7 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED
8 IMMIGRANTS.—
9 ‘‘(1) IN GENERAL.—
10 ‘‘(A) WORLDWIDE LEVEL.—For a fiscal
11 year after fiscal year 2015, the worldwide level
12 of employment-based immigrants under this
13 subsection is equal to the sum of—
----------------------------------------------------------

I was just doing the numbers on this based on demand data. 40% of visas annually starting FY15 should take care of all EBs in 1-2 yrs. Why will it take 7 yrs? Maybe I am missing some statistics here.

EB2 Demand Data (as of May 2013) 48,900
EB3 Demand Data (as of May 2013) 51,200

EB2 Demand Data (Without derivative beneficiaries) 22,227
EB3 Demand Data (Without derivative beneficiaries) 23,273

If FY15 starts with visa recapture, country cap removal and removing derivative beneficiaries from the count, then we are halfway through. Even if we begin with batches of 7, it will not take 7 years. It will be much less. FY17 should be current for all E visas.

If they hold back and do not assign visa numbers appropriately, then we will again have backlogs and unused numbers.

pd052011
04-18-2013, 04:51 PM
Yep. I found the error. If visa has not been provided within 5 years for Merit-based track 2.

sage2006
04-18-2013, 04:55 PM
Lots of good ideas but unless we get 1-2 volunteers to just coordinate/list them all as requested below, these ideas will get lost in the thread.
Cmon folks...please help out :)

QUOTE=sage2006;3571153]For the past days we have a team of IV volunteers already diligently working in the back end, combing through the bill to identify changes,amendments, additions.
Several suggestions by members on the thread here (change effective date, clarify H4 ability to work clause etc) are already on our list.
Some additional good suggestions have been made here by members.

- Can we get 2-3 volunteers here to consolidate the good suggestions on this thread. (volunteer#1 can cover odd pages on thread..#2 can cover even pages on the thread..please coordinate accordingly). Some suggestions may already be on our list but no harm in multiple eyes reviewing the bill which can change our GC future.
- Folks making suggestions - Please reference the specific section# in the bill to which you are pointing to. As Admin pointed out we welcome ideas but make sure they are reasonable and pertinent. First focus is on sensible amendments/changes to existing clauses. Secondly, on addition of new provisions. Volunteers can split the list into two sections accordingly.
- One volunteer (e.g Volunteer#1) can consolidate the list at the end of each day or alternate day so people are aware of what has already been discussed and there are no repeat discussions (as what has been happening).

Let us make this an active ideas-based thread and come up with a final clear list by mid next week that we can use, as needed, during our ongoing advocacy efforts to keep our provisions in the bill/add suitable amendments and eventually get the bill passed.[/QUOTE]

pd052011
04-18-2013, 05:12 PM
Projected yearly GC number allocation for EB2. Assuming 1/7 number allocation for pending applicants. I excluded derivative beneficiaries from the numbers. I am unsure on how EB2-NIW apps are pending so that will make a difference in the numbers too.

2014 3175
2015 2,722
2016 2,333
2017 2000
2018 1714
2019 1470
2020 1260
2021 1080

At this rate, EB2 or 3 will only be current once visa recapture kicks in or people start moving to Merit track 1. I may have made mistakes in calculation but there are gurus out there who can get the picture as to where the numbers are heading.

Where's Nate Silver when you need him? :D

sage2006, I volunteer for compiling end of week list. Don't have bandwidth to do it on a daily basis. I can review daily lists and compile a weekly one.

aswami
04-18-2013, 05:16 PM
Here's an amendment / clarification request:

SEC. 2302. MERIT-BASED TRACK TWO.

(a) INGENERAL.—In addition to any immigrant visa 18
made available under the Immigration and Nationality Act 19
(8 U.S.C. 1101 et seq.), as amended by this Act, the Sec- 20
retary of State shall allocate merit-based immigrant visas 21
as described in this section. 22

-- subsections (b) and (c) omitted --

(d) ALLOCATION OF EMPLOYMENT-SPONSORED 13
MERIT-BASEDIMMIGRANTVISAS.—In each of the fiscal 14
years 2015 through and including 2021, the Secretary of 15
State shall allocate to aliens described in subsection (c)(1) 16
a number of merit-based immigrant visas equal to 1⁄7 of 17
the number of aliens described in subsection (c)(1) whose 18
visas had not been issued as of the date of the enactment 19
of this Act. 20

Read the bolded section above from subsection (a). May be this is a stupid question, but what do they mean by "in addition"? Does it mean that there will be some N number of visas available due to the amended INA, PLUS there will be a separate M number of visas that the Secretary of State would allocate based on this current act?

In subsection (d), when they talk about 1/7 allocation of merit-based immigration visas each year for 7 years, is that supposed to be a strict limitation? In other words, if amendments by this act to INA results in some X number of visas becoming available. And suppose the 1/7 number of people waiting more than 5 years for green cards is Y. What if Y < X? Meaning, what if the 1/7 number of people is less than the number of visas available? Will those visas not be allocated to more people even though they are available just to satisfy the 1/7 rule? This should be clarified.

If this needs amendment, the amendment request would be: allocate visas to a minimum of 1/7 the number of aliens to whom visas have not been issued. If more visas are available due to amends to the INA, allocate them to the aliens even if the total goes above 1/7 for that particular year. I believe this will avoid the repetition of the problem of available visas not being allocated to people who are waiting in the queue.

aswami
04-18-2013, 05:46 PM
This is an amendment request for SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT VISAS. This section talks about the recapture of unused immigrant visas.

In general, for EB, here's how the available visa levels are calculated:

FY 2015: 140 K + unused visas from previous year + unused visas from years 1992 to 2013.

FY 2016 and beyond: 140 K + unused visas from the previous year.

There is a similar calculation for FB visas also. The below amendments apply to both EB and FB categories.

Amendment 1: Are unused visas from previous years carried over to a single future year or to multiple future years? For example, in FY 2015, if all the visas are not used up from the sum of 140 K + unused from 2014 + unused from 1992 to 2013, will all of them carry over to FY 2016? Or, in FY 2015, if 150 K visas are issued, will it be considered that all the 140 K visas for 2015 are used up and nothing will carry over to 2016, thereby lapsing all the unused visas from 1992 to 2014? We may need an amendment to clarify whether unused visas can only be carried over to a single future year, or to multiple future years. The preference, of course, is to have unused visas carry over to multiple future years until they are all used up to avoid something like the current problem of a large number of unused visas from two decades just pending without being used.

Amendment 2: If in amendment 1 above, it turns out that unused visas cannot be carried over to multiple future years, we will need a special amendment just for unused visas from FY 2015. Given that the sum of unused visas from 1992 to 2014 will be a large number, we can be very sure that all of them will not get used up in 2015. If the act states that unused visas cannot be carried over to multiple future years, then any visas not used in 2015 from the unused sum from 1992 to 2013, will be lost forever! This shouldn't happen. The amendment should state that the unused visas from FY 1992 to 2013 should be given out even after 2015 until they are all used.

Hope I have been able to state this clearly above.

ketavanda
04-18-2013, 05:59 PM
I will compile the list both for even and odd pages.

LglImi
04-18-2013, 06:08 PM
I can be VOLUNTEER 1...I will do this for today and tomorrow, then somebody(Volunteer 2) please take over. Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will fie for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject:
Section of Bill:
Page/Line of Bill:
New addition:
Change or Removal of a provision:
WHY/LOGIC(No more than 100 words):

Anybody who this their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

ketavanda
04-18-2013, 06:16 PM
okay LglImi. Please do it for today and tomorrow. I will pick it from Saturday. I have already gone through the entire pages 1-14 (couple of times) and started to work on it (since I posted about voluntering).

I like the format too. :)

Murthy
04-18-2013, 06:16 PM
Here's an amendment / clarification request:



Read the bolded section above from subsection (a). May be this is a stupid question, but what do they mean by "in addition"? Does it mean that there will be some N number of visas available due to the amended INA, PLUS there will be a separate M number of visas that the Secretary of State would allocate based on this current act?

In subsection (d), when they talk about 1/7 allocation of merit-based immigration visas each year for 7 years, is that supposed to be a strict limitation? In other words, if amendments by this act to INA results in some X number of visas becoming available. And suppose the 1/7 number of people waiting more than 5 years for green cards is Y. What if Y < X? Meaning, what if the 1/7 number of people is less than the number of visas available? Will those visas not be allocated to more people even though they are available just to satisfy the 1/7 rule? This should be clarified.

If this needs amendment, the amendment request would be: allocate visas to a minimum of 1/7 the number of aliens to whom visas have not been issued. If more visas are available due to amends to the INA, allocate them to the aliens even if the total goes above 1/7 for that particular year. I believe this will avoid the repetition of the problem of available visas not being allocated to people who are waiting in the queue.
Please see my post under heading "Thanks for the information".
Merit based system is for Future immigration.Merit based Visa quota is addition to regular 140000 visas per year.Actually we need amendment for effective date for Removing Numerical country limits.As bill it is 1 year after the date of the enactment of this Act
Desired one should be at the earliest after the date of the enactment of this Act .Then all EB2/Eb3 pending I485's for non-availability of visas can be be cleared.

ketavanda
04-18-2013, 06:22 PM
I am VOLUNTEER 2 Just to let every one know we got enough volunteers.

padmaforopt
04-18-2013, 06:23 PM
Please see my post under heading "Thanks for the information".
Merit based system is for Future immigration.Merit based Visa quota is addition to regular 140000 visas per year.Actually we need amendment for effective date for Removing Numerical country limits.As bill it is 1 year after the date of the enactment of this Act
Desired one should be at the earliest after the date of the enactment of this Act .Then all EB2/Eb3 pending I485's for non-availability of visas can be be cleared.

I assume
The exemption of Dependents will be applied Immediately after the enactment of bill .
Country cap removals and Visa recapture is from FY2015 wih the new meritbased visas

Please clarify .

LglImi
04-18-2013, 06:39 PM
I can be VOLUNTEER 1...I will do this for today and tomorrow, then somebody(Volunteer 2) please take over. Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will fie for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject:
Section of Bill:
Page/Line of Bill:
New addition:
Change or Removal of a provision:
WHY/LOGIC(No more than 100 words):

Anybody who this their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

LglImi
04-18-2013, 06:41 PM
Where are we really going with this ? Do we all understand that if Visa Recapture happens along with country cap removal and dependent removal , whole EB category will be current for many years ? Why do we even need anything else at this point ?
So shouldn't these two provisions be at the top of the list :
1. Country Cap Removal - With the bill (instead of 1 yr wait after bill)
2. Visa Recapture - With the bill or FY 2014 (instead of proposed 2015)

?

Mr Balbir, submit your so called logical proposal in logical format asked above. Dont just yell and shout nonsense....

LglImi
04-18-2013, 06:45 PM
I can be VOLUNTEER 1...I will do this for today and tomorrow, then somebody(Volunteer 2) please take over.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will fie for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject:
Section of Bill:
Page/Line of Bill:
New addition:
Change or Removal of a provision:
WHY/LOGIC(No more than 100 words):

Anybody who this their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

dejavu
04-18-2013, 07:40 PM
Can we request to amend the naturalization clause to 3 yr wait time instead of 5 year wait time?

Path to citizenship requires registered provisional immigrant to wait 10 years for GC and 3 years for citizenship. Wondering if we can amend the naturalization wait for legal immigrants to same three year period?

Murthy
04-18-2013, 07:56 PM
I assume
The exemption of Dependents will be applied Immediately after the enactment of bill .
Country cap removals and Visa recapture is from FY2015 wih the new meritbased visas

Please clarify .
Country cap removal effective date also should be immediate(FY2014) after the date of the enactment of this Act.
Dear IV Admins
Please consider this to include in your list for discussions.
We need amendment for atleast Country cap removal effective date.Presently bill says Page 296 Lines 5 and 6 should read as "The amendments made by this section shall take effect at the earliest (instead of 1 year) in FY 2014 after the date of the enactment of this Act.

prince_nagi@yahoo.com
04-18-2013, 08:05 PM
I can be VOLUNTEER 1...I will do this for today and tomorrow, then somebody(Volunteer 2) please take over. Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will fie for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject:
Section of Bill:
Page/Line of Bill:
New addition:
Change or Removal of a provision:
WHY/LOGIC(No more than 100 words):

Anybody who this their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will fie for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Give EAD to all the approved I-140 irrespective of PD
Change or Removal of a provision: This is not there on the bill
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2 – 10 years requirement
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: there should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc

Murthy
04-18-2013, 08:07 PM
I can be VOLUNTEER 1...I will do this for today and tomorrow, then somebody(Volunteer 2) please take over.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will fie for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject:Need Amendment for effective date for Country cap removal
Section of Bill: SEC. 2306. NUMERICAL LIMITATIONS
Page/Line of Bill: Page 296 Lines 5 and 6
New addition:
Change or Removal of a provision: Page 296 Lines 5 and 6 should read as "The amendments made by this section shall take effect at the earliest (instead of 1 year) in FY 2014 after the date of the enactment of this Act.
WHY/LOGIC(No more than 100 words):To give immediate relief to decade long Pending Eb2,Eb3 I-485's

Anybody who this their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

My sincere suggestion for IV Admins,we need amendment for atleast Country cap removal effective date.Presently bill says Page 296 Lines 5 and 6 should read as "The amendments made by this section shall take effect at the earliest (instead of 1 year) in FY 2014 after the date of the enactment of this Act.

padmaforopt
04-18-2013, 08:21 PM
I can be VOLUNTEER 1...I will do this for today and tomorrow, then somebody(Volunteer 2) please take over.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will fie for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject:
Section of Bill:
Page/Line of Bill:
New addition:
Change or Removal of a provision:
WHY/LOGIC(No more than 100 words):

Anybody who this their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

Amendment Proposal 5:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Visa stamping requirement should be removed for all immigrants whose Green Card application is approved .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number , Waiving the Visa stamping will help mobility and helps retaining the skilled immigrants. Feel free to change the text here to improve it.

sage2006
04-18-2013, 08:26 PM
Thank you very much friends.

Volunteer 1 - LglImi - Thu (04/18) and Fri (04/19)
Volunteer 2 - ketavanda - Saturday (04/20) onwards
Volunteer 3 - pd052011 - Volunteer 3 can help with any additional reviewing.

LglImi has already started diligently posting updated summary. Please help him and later ketavanda and pd052011 update the list with your suggestions in the format they request.
Every night I will also post the last updated list from the volunteers on the 3rd post of this thread (with the date/time stamp) for additional reference.

For the past days we have a team of IV volunteers already diligently working in the back end, combing through the bill to identify changes,amendments, additions.
Several suggestions by members on the thread here (change effective date, clarify H4 ability to work clause etc) are already on our list.
Some additional good suggestions have been made here by members.

- Can we get 2-3 volunteers here to consolidate the good suggestions on this thread. (volunteer#1 can cover odd pages on thread..#2 can cover even pages on the thread..please coordinate accordingly). Some suggestions may already be on our list but no harm in multiple eyes reviewing the bill which can change our GC future.
- Folks making suggestions - Please reference the specific section# in the bill to which you are pointing to. As Admin pointed out we welcome ideas but make sure they are reasonable and pertinent. First focus is on sensible amendments/changes to existing clauses. Secondly, on addition of new provisions. Volunteers can split the list into two sections accordingly.
- One volunteer (e.g Volunteer#1) can consolidate the list at the end of each day or alternate day so people are aware of what has already been discussed and there are no repeat discussions (as what has been happening).

Let us make this an active ideas-based thread and come up with a final clear list by mid next week that we can use, as needed, during our ongoing advocacy efforts to keep our provisions in the bill/add suitable amendments and eventually get the bill passed.

The 2 volunteers can post the consolidated list on the thread at the end of the day. This will help avoid repetition of the same idea in posts. Additionally each amendment MUST reference appropriate bill section and paragraph to amend. Without this information it makes the job of volunteers more time consuming to first figure out the location of these references and then , write the suggested amended language. So its better we all spend some time ourselves going through the bill and point to relevant sections while commenting on it.

prvn
04-18-2013, 08:43 PM
Pending EB applications means those who applied I1485? if so, those who got I140 approved and didn't apply I485 will be put into "MERIT-BASED POINTS TRACK ONE" system?

What about people like me, who missed the boat in 2012 though has 2008 EB2 PD?

padmaforopt
04-18-2013, 08:56 PM
Amendment Proposal 5:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Visa stamping requirement should be removed for all immigrants whose Green Card application is approved .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number , Waiving the Visa stamping will help mobility and helps retaining the skilled immigrants. Feel free to change the text here to improve it.

Amendment Proposal 6:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An
alien who is the beneficiary of a petition filed before
the date of the enactment of this Act to accord status under section 203(b) of the Immigration and
Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it
is . Anyone, Please feel free to add your points here.

ikass
04-18-2013, 09:27 PM
These are very good suggestions. Probably, would be 2 of top 5 proposal we can fight for.

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will fie for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

LglImi
04-18-2013, 09:39 PM
I can be VOLUNTEER 1...I will do this for today and tomorrow, then somebody(Volunteer 2) please take over.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Updated to 7 Amendment proposals

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged EB2 and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago by the time their employer had/will file for green card. In order to reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years.

Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2: 10 years requirement should not be continuous but can be with breaks also
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: There should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc


Amendment Proposal 6:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Visa stamping requirement should be removed for all immigrants whose Green Card application is approved .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number , Waiving the Visa stamping will help mobility and helps retaining the skilled immigrants. Feel free to change the text here to improve it.

Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it is .Anyone, Please feel free to add your points here.

Anybody who think their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

Mau
04-18-2013, 09:51 PM
Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicant have not filled for the green card . In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.

I have just rephrased the logic. See if you like it. Not pushing.:)

pappu
04-18-2013, 10:28 PM
LgImi. Do not create your own action items in post. We will have coordinated action items in the days to come. Moderators will be deleting such posts where users are creating action items.

manohar123
04-18-2013, 10:42 PM
Disagree on this. They clearly say "with in 5 years" for EB2&3. Why fighting with in us and make it special for EB2 folks? If you making 3 years for EB2, then do the same for EB3 also.
If you play politics, I will call Senator Grassley and ask him to put a hold just like HR3012. Just kidding.:D
-------------------------------------------------------------------------------------------------------
Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").

rk2460
04-18-2013, 11:07 PM
Contributed $100.00 for Apr 2013
Transaction ID: 9UB24821B78873321

Previous contributions
Mar 13, 2013 $100.00 Transaction ID #51G39257492719537
Sep 18, 2012 $100.00 Transaction ID #3UA49602GS573604V
Aug 22, 2012 $100.00 Transaction ID #9DR02194EC277783S

Tarang
04-18-2013, 11:08 PM
I read bill text and summary but still confused about provisions for Eb2/3 already in pipeline and who have STEM masters from US (currently which is applicable if masters was completed less then 5 yrs before filing petition, for which there are suggestions to change to 10 yrs or remove altogether).

lostcause2007
04-19-2013, 02:31 AM
Thanks for the summary and look forward to additional details in the days ahead.

For the benefit of our members, here is a quick summary of the high-skilled provisions in CIR-2013.

http://immigrationvoice.org/wiki/images/1/14/CIR_Summary_of_Skilled_Immigration_Provisions_IV.p df

Please note that we have been reviewing, over the past few days, and are still reviewing the finer details of the legislative language so this summary document will be refined and changed over time. Appreciate your cooperation.

sup_eb2_2009
04-19-2013, 04:07 AM
Hi Admin
I have formatted the 3 items that require IMMEDIATE EFFECT instead of waiting for 1 year. I do believe if they are enacted, they alone could clear all backlogs and we do not need to have any other amendments like H4 EAD or H1-manager. I do not see any effective date mentioned in the Bill for the item 3 below but from everyone's comments before it appeared even that is 1 year ( Fiscal 2015).


Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words):


Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100

LglImi
04-19-2013, 07:27 AM
I can be VOLUNTEER 1...I will do this for Friday and Saturday, then somebody(Volunteer 2) please take over.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Updated to 10 Amendment proposals

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicants have not yet filled for the green card but have earned US advanced STEM degree more than 5 years ago. In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.



Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2: 10 years requirement should not be continuous but can be with breaks also
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: There should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc


Amendment Proposal 6:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Visa stamping requirement should be removed for all immigrants whose Green Card application is approved .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number , Waiving the Visa stamping will help mobility and helps retaining the skilled immigrants. Feel free to change the text here to improve it.

Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it is .Anyone, Please feel free to add your points here.

Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100):

Anybody who think their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

Murthy
04-19-2013, 07:56 AM
LgImi. Do not create your own action items in post. We will have coordinated action items in the days to come. Moderators will be deleting such posts where users are creating action items.

Dear IV Admins
If I am not wrong as per CIR bill effective date for removal of EB country caps (Section 2306 page 296 Lines 5 & 6) is 1 year after the date of the enactment of this Act.This will fall in FY2015. Don't we need to ask for an amendment to have effective date to be FY2014.
If this is already an action item in IV list.Please ignore my request.If not please consider this.
My concern is we fought for HR 3012 but could not achieve our goal.Kindly clarify IV opinion on this.
Regards

pittdude
04-19-2013, 09:54 AM
Hi all,

First of all, Hats off to IV! Keep up the great work!

I was wondering if we can request faster path to citizenship for legal immigrants backlogged for more than 5 or 7 years?

Please let me know what you think.

Thanks!

I can be VOLUNTEER 1...I will do this for Friday and Saturday, then somebody(Volunteer 2) please take over.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Updated to 10 Amendment proposals

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicants have not yet filled for the green card but have earned US advanced STEM degree more than 5 years ago. In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.



Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2: 10 years requirement should not be continuous but can be with breaks also
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: There should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc


Amendment Proposal 6:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Visa stamping requirement should be removed for all immigrants whose Green Card application is approved .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number , Waiving the Visa stamping will help mobility and helps retaining the skilled immigrants. Feel free to change the text here to improve it.

Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it is .Anyone, Please feel free to add your points here.

Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100):

Anybody who think their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

gcbikari
04-19-2013, 10:00 AM
Please post the same in 'http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3094944-iv-action-item-cir-bill-2013-a-2.html#post3571250'

Contributed $100.00 for Apr 2013
Transaction ID: 9UB24821B78873321

Previous contributions
Mar 13, 2013 $100.00 Transaction ID #51G39257492719537
Sep 18, 2012 $100.00 Transaction ID #3UA49602GS573604V
Aug 22, 2012 $100.00 Transaction ID #9DR02194EC277783S

somberi
04-19-2013, 10:00 AM
I am not sure wether we should be compiling amendment lists or not. Donor member sage asked that we should but pappu seemed to indicate we should not... anyway, here are a few that come to my mind, that I think will be beneficial to all of us :

1. Counting time spent waiting for GC (beyond a certain limit, say 2 years), similar to what
is currently in place for MArriage based LPR's
2. Reducing LPR-->Citizenship wait time to 3 yrs from 5 yrs, as is being proposed for
undocumented rsients currently.
3. allowing LPR (GC Holdes) to also sponsor parents without visa number restrictions as
is currently allowed for citizens.

Cheers

I can be VOLUNTEER 1...I will do this for Friday and Saturday, then somebody(Volunteer 2) please take over.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Updated to 10 Amendment proposals

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicants have not yet filled for the green card but have earned US advanced STEM degree more than 5 years ago. In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.



Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2: 10 years requirement should not be continuous but can be with breaks also
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: There should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc


Amendment Proposal 6:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Visa stamping requirement should be removed for all immigrants whose Green Card application is approved .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number , Waiving the Visa stamping will help mobility and helps retaining the skilled immigrants. Feel free to change the text here to improve it.

Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it is .Anyone, Please feel free to add your points here.

Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100):

Anybody who think their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

pappu
04-19-2013, 10:33 AM
I am not sure wether we should be compiling amendment lists or not. Donor member sage asked that we should but pappu seemed to indicate we should not... anyway, here are a few that come to my mind, that I think will be beneficial to all of us :

1. Counting time spent waiting for GC (beyond a certain limit, say 2 years), similar to what
is currently in place for MArriage based LPR's
2. Reducing LPR-->Citizenship wait time to 3 yrs from 5 yrs, as is being proposed for
undocumented rsients currently.
3. allowing LPR (GC Holdes) to also sponsor parents without visa number restrictions as
is currently allowed for citizens.

Cheers

I was talking about people randomly calling Senate offices. We should not be posting such action items. Just by calling an office/emailing and asking to add or change a provision will NOT work. It will be a waste of your time. Adding an amendment or changing a provision is a different advocacy process in DC and requires a lot more heavy lifting than mere phone calls. This is why we have the action item at http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3094944-iv-action-item-cir-bill-2013-a-2.html#post3571244
It is a mandatory action item for everyone who wants to see CIR bill pass and have favorable provisions for us.
IV will post more action items (calling, meeting lawmakers etc) at the right time in the weeks to come.


Lastly if you have suggestions, please post in the format provided by LgImi. Do not leave anything blank. Even your reasoning WHY/LOGIC needs to be there because we will use that to explain the importance of your suggested provision to lawmaker offices. If you wish to improvise what is already written in the previous provisions, go ahead to create better points in favor of the provision.

Many thanks to LgImi for the format and volunteering,

spicy_guy
04-19-2013, 10:53 AM
Hi all,

First of all, Hats off to IV! Keep up the great work!

I was wondering if we can request faster path to citizenship for legal immigrants backlogged for more than 5 or 7 years?

Please let me know what you think.

Thanks!

+1 for this one

RNGC
04-19-2013, 11:07 AM
I just read sec 2302 merit based track two. If I understood this correctly - if this passes as is - for the fiscal year 2014 starting from oct 1st around 120,000 GCs are made available for any application that is pending under eb3 for more than 5 years from the date of enactment.

This should cheer up all the eb3s

This is encouraging! I am about to file my EAD, hope this is the last time!!! Hope it starts from fiscal year 2014!

padmaforopt
04-19-2013, 11:40 AM
I am not sure wether we should be compiling amendment lists or not. Donor member sage asked that we should but pappu seemed to indicate we should not... anyway, here are a few that come to my mind, that I think will be beneficial to all of us :

1. Counting time spent waiting for GC (beyond a certain limit, say 2 years), similar to what
is currently in place for MArriage based LPR's
2. Reducing LPR-->Citizenship wait time to 3 yrs from 5 yrs, as is being proposed for
undocumented rsients currently.
3. allowing LPR (GC Holdes) to also sponsor parents without visa number restrictions as
is currently allowed for citizens.

Cheers

I feel Immediate Exemption of Dependents is very important .That it self will change our fates a lot , If EB1 exemption and 56K(40% of 140K) for Eb2& EB3 is also applied immediately.

But from What I understand this is already in the CIR.

Mau
04-19-2013, 12:03 PM
This is why 5 year STEM needs to change.

Case : 1

Graduated say before 2007 January.

Applicant is STEM MS holder . I-140 approved and changed job , with job type changed entirely . So old PERM can not be used. Need to file New PERM and 140.

There are so many cases like this after the recession who lost their jobs and were forced to change the job description and position.

Now these guys will not benefit from the CIR as other recent Grads will. CIR is aimed to reduce the STEM brain drain. This is the nail in the head for those STEM people.

Case 2

Graduated say before 2007 January.

2 years of OPT .

Filed H1 and stayed on H1 for three years.

Due to recession was forced to go back to school and change to H4 of F1.

So no PERM no 140.

I bet there are thousands who can relate to case 2.

Just educating the members.

LglImi
04-19-2013, 12:46 PM
Thank you very much friends.

Volunteer 1 - LglImi - Thu (04/18) and Fri (04/19)
Volunteer 2 - ketavanda - Saturday (04/20) onwards
Volunteer 3 - pd052011 - Volunteer 3 can help with any additional reviewing.

LglImi has already started diligently posting updated summary. Please help him and later ketavanda and pd052011 update the list with your suggestions in the format they request.
Every night I will also post the last updated list from the volunteers on the 3rd post of this thread (with the date/time stamp) for additional reference.

Sage,
Are you going to update Post 3,as you mentioned above...Thanks!

Sage/Admin2/Pappu:
My feeling is that Senators(expecially the Chairman) will try to rush this bill through as soon as possible through Senate. So, any amendment proposal has to be put forth fast and middle of next week might be too late. But, you are the experts and know better. I just thought of bringing it up. Thanks!!
LglImi

sage2006
04-19-2013, 12:48 PM
As mentioned - yes, I have updated it yest night.
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3094932-immigration-reform-of-2013-introduced-in-the-senate.html#post3570870

Sage,
Are you going to update Post 3,as you mentioned above...Thanks!


LglImi

RNGC
04-19-2013, 02:05 PM
I can be VOLUNTEER 1...I will do this for Friday and Saturday, then somebody(Volunteer 2) please take over.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Updated to 10 Amendment proposals

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicants have not yet filled for the green card but have earned US advanced STEM degree more than 5 years ago. In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.



Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: (Somebody please suggest)
Page/Line of Bill: (Somebody please suggest)
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.

Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2: 10 years requirement should not be continuous but can be with breaks also
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: There should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc


Amendment Proposal 6:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Visa stamping requirement should be removed for all immigrants whose Green Card application is approved .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number , Waiving the Visa stamping will help mobility and helps retaining the skilled immigrants. Feel free to change the text here to improve it.

Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it is .Anyone, Please feel free to add your points here.

Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words):

Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100):

Anybody who think their proposal is important, please fill in above format and I shall update the list.

Thanks,
LglImi

Amendment Proposal 11:
Subject: Ensure Transparency with Immigration
Section of Bill: ?
Page/Line of Bill: ?
New addition: Y
Change or Removal of a provision: Add
WHY/LOGIC(No more than 100)

With complex rules, points, the attorneys are going to be very rich with this complex bill. I want USCIS to create a page which would give an approximate date as when I will get a green card. If someone has filed I-485, with the information in the application and some basic questions, they should be able to give us a Priority number! If I get the number 4757, it means i am in line and 4757 people are in front of me, so this number should keep getting lesser and lesser each day/week/month/year! With all the numbers in hand, number of people applied, the categories they are in, the number of visas available, its a basic addition/subtraction that needs to be done. This will make the system very transparent and will remove the attorney from minting money from both Legal and Ilegal immigrants! I am not just creating a new request, with my EB3-I, PD Feb 2005, I still have no idea when I will get the GC if the CIR is passed in 6 months from now.

Maybe the above can be edited and made more professional. I Applaud the IV team for working very hard on lots of issue, the one thing that has always haunted the EB community is the "UnPredictable, Prolonged wait", if there is a solution for this, it will be great!

imh1b
04-19-2013, 02:25 PM
RNGC while what you say is agreed by lot of us, we all know this is asking for impossible. It is impossible to implement FIFO. What if someone ahead of me got RFE. So does that mean I have to wait until he answers RFE? Your opposition to attorneys is unjustified. Many of us love them, go to their websites, pay them and get our greencard. You cannot change that through law. You are asking to change our mindset through law. How is that possible?

snthampi
04-19-2013, 05:28 PM
Amendment Proposal 1:
Subject: Screening (interviewing) of H1B applicants on their field of work/expertise
Section of Bill: May be Sec 4233
Page/Line of Bill:
New addition: N
Change or Removal of a provision: N
There is a lot of fraud/abuse by both applicants and body shoppers like Infosys, TCS, Wipro, etc. So, it is important to put in place a screening system where as each H1-B applicant is interviewed by qualified professionals. Even though, it is not going to root out all the fraud, it will create some level of deterrent. Also, this will create some new jobs.

antri
04-19-2013, 05:30 PM
Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: 4102
Page/Line of Bill: Page 663/ Line 23
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

- It does not make sense to give L2 visa holders EAD without any condition and give conditional EAD for H4 visa holders. It is discriminatory.
- It will be an incentive for the H1 visa holders to stay longer and choose US over other competitive countries to make their home.
- If both people work in the same family, it indirectly boosts day care and other supporting industries.
- Giving more people employment authorization will simply share the current US debt. This is subject to H4 on EAD getting jobs.
- Giving away more EADs will simply generate more revenue for USCIS, that way we can help people keep their jobs without losing money.
- Since most of the H4 visa holders are women, here is an opportunity to empower the women in this country.

antri
04-19-2013, 06:28 PM
Amendment Proposal 1:
Subject: Screening (interviewing) of H1B applicants on their field of work/expertise
Section of Bill: May be Sec 4233
Page/Line of Bill:
New addition: N
Change or Removal of a provision: N
There is a lot of fraud/abuse by both applicants and body shoppers like Infosys, TCS, Wipro, etc. So, it is important to put in place a screening system where as each H1-B applicant is interviewed by qualified professionals. Even though, it is not going to root out all the fraud, it will create some level of deterrent. Also, this will create some new jobs.

Good point... the challenge would be to enforce it, since there is a huge cost involved. Also, Wipro, Infosys and TCS will be lobbying against it. But we can definitely put that in.

master80master
04-19-2013, 07:58 PM
Kudos to the entire IV team for all your effort in bringing CIR to the table!

Can other health care professionals who have finished a residency (just like physicians) be considered to be added to the category of "physicians who will be exempted from annual numerical limits"?

All health care professionals like nurses, dentists etc. go through the same rigorous training like physicians. Do you think it would be fair to leave these professionals out?

Any consideration by IV would be appreciated!!

No negativity, please. Also, please do not question my participation, donation etc.
I barely got out of grad school with more than $300,000 in student loans...

gk_2000
04-19-2013, 09:01 PM
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Make I-140 completely and automatically portable. An Approved i-140 should stand even if employer is changed and new employer should be able to proceed with AOS when date is current .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number. No point repeating everything, and also this will remove an obstacle to job mobility lessen the indented servitude. (Feel free to change the text here to improve it.)

gk_2000
04-19-2013, 09:10 PM
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: I am not sure how the text should be changed . But It should add the provision- Make I-140 completely and automatically portable. An Approved i-140 should stand even if employer is changed and new employer should be able to proceed with AOS when date is current .
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number. No point repeating everything, and also this will remove an obstacle to job mobility lessen the indented servitude. (Feel free to change the text here to improve it.)
To this, also add -
If a 485 is in progress it gets similarly carried over to new employer
and also
The application can be bumped up from say EB3 to EB2 by providing new job description and/or qualifications

imh1b
04-19-2013, 10:31 PM
Amendment Proposal 1:
Subject: Screening (interviewing) of H1B applicants on their field of work/expertise
Section of Bill: May be Sec 4233
Page/Line of Bill:
New addition: N
Change or Removal of a provision: N
There is a lot of fraud/abuse by both applicants and body shoppers like Infosys, TCS, Wipro, etc. So, it is important to put in place a screening system where as each H1-B applicant is interviewed by qualified professionals. Even though, it is not going to root out all the fraud, it will create some level of deterrent. Also, this will create some new jobs.

I cannot believe you have been an IV member since 2006. What a disgrace. People like yourself are the reason we stay divided. IV please ignore such suggestions. Such posts also should be deleted.

imh1b
04-19-2013, 10:33 PM
Good point... the challenge would be to enforce it, since there is a huge cost involved. Also, Wipro, Infosys and TCS will be lobbying against it. But we can definitely put that in.

Please do not support such suggestions. This is a wrong place for it.

devasuresh
04-20-2013, 02:16 AM
Help Us Improve the Bill - Immigration Reform Facts - U.S. Senator for Florida, Marco Rubio (http://www.rubio.senate.gov/public/index.cfm/help-us-improve-the-bill?ID=beb53cf6-7c87-4ada-9828-1c3a0b150537&LeaveComment=true)


I have put comments on removal of 5 year limit for STEM in page 305 of S744 in the above URL.

And also requested STEM with 10+ or 15+ experience should be exempted from numerical CAP like Doctorate Degree.

May be more people add thier commets the more can be effective.

And other improvements and ammendments can be posted at this site

sup_eb2_2009
04-20-2013, 04:20 AM
Hi
Any news about the house version of the bill? When is it coming and how does it look? Have they involved IV in the process of drafting it?

greyhair
04-20-2013, 05:26 AM
Can I ask a question regarding 5 year cutoff for STEM degree? This is for my own understanding

The only benefit of being designated as STEM is that there is no requirement for labor certification. For most of us with US STEM already in US for over 5 years, we have approved labor certification. Is there any other benefit in being designated as STEM? If there is no other benefit, then why are we spending so much time talking about this?

If this is not going to affect our immigration process, how does it matter if immigration law says 5 years or 50 years. In our professional world we will still be STEM graduates? No one can take that away. Simply attempting to understand that what is at stake here.



Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicants have not yet filled for the green card but have earned US advanced STEM degree more than 5 years ago. In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.

LglImi
04-20-2013, 07:12 AM
Can I ask a question regarding 5 year cutoff for STEM degree? This is for my own understanding

The only benefit of being designated as STEM is that there is no requirement for labor certification. For most of us with US STEM already in US for over 5 years, we have approved labor certification. Is there any other benefit in being designated as STEM? If there is no other benefit, then why are we spending so much time talking about this?

If this is not going to affect our immigration process, how does it matter if immigration law says 5 years or 50 years. In our professional world we will still be STEM graduates? No one can take that away. Simply attempting to understand that what is at stake here.

1. It not only about labor cert. it is about 40% quota as well.
2. Please stop being mean. There are people in the community whose employers are yet to apply and labor cert is yet to done. So, people donot think about yourself only, think about the future ones also...

samanto
04-20-2013, 08:43 AM
Dear Friend,

We have lots of IV volunteer activities going on in Tennessee. If you want to be a part of the group and programs please contact email- ivtennessee@gmail.com

Vamsip
04-20-2013, 10:00 AM
Contributed $100.00
Your transaction ID for this payment is: 9P46863424979491D

master80master
04-20-2013, 10:27 AM
Kudos to the entire IV team for all your effort in bringing CIR to the table!

Can other health care professionals who have finished a residency (just like physicians) be considered to be added to the category of "physicians who will be exempted from annual numerical limits"?

All health care professionals like nurses, dentists etc. go through the same rigorous training like physicians. Do you think it would be fair to leave these professionals out?

Any consideration by IV would be appreciated!!

No negativity, please. Also, please do not question my participation, donation etc.
I barely got out of grad school with more than $300,000 in student loans...

Dear Admin2 and pappu,

Can you please consider the above?

We asked for passage of HR 3012 to eliminate discrimination based on the country of origin.

Would it not be discriminatory to the other health care professionals who have finished a residency just like physicians?

The group of "other health care professionals" does not have a strong presence in or outside of IV like the "physicians" do.

But I hope that fairness will prevail in the end! Thank you!

sengs
04-20-2013, 05:48 PM
Amendment Proposal: 12
Subject: Extend RPI status to individuals withapproved I-140 petitions and their immediate dependants for whom DHS does not have an immigrant visa available.
Section of Bill: 2101
Page/Line of Bill:Page 59
New addition: N
Change or Removal of a provision: y
Amending the criteria for RPI to include people with approved immigrant visa petitions and their immediate dependants (lawfully present in the country) allows these law abiding people to have the same benefits of job mobility and travel accorded to undocumented aliens who have been physically present in the country since before January 1, 2012. It bypasses the EAD issue for H4 spouses of Indian origin.

desimallu
04-20-2013, 06:09 PM
Numbersusa is gaining strength using economy and unemployment as bargaining chip,already sen jeff sessions and grassely has shown their opposition in senate.In house Boblatte wants piece meal which means its going to get pushed till this election which is end of the year,and by then it would have lost steam.
So dont worry too much abt stem,yada,yada and individual needs.This bill is good and will get rid kf backlog pretty soon.

The Alchemist
04-20-2013, 09:07 PM
LglImi , jaadugar , padmaforopt , kiran_pathuri , dkar , msgrewal81 , gvenkat , pd052011 , dkshitij

Check your email that you used to register your username with the IV forum.

The WalL
04-20-2013, 09:54 PM
Hi
Any news about the house version of the bill? When is it coming and how does it look? Have they involved IV in the process of drafting it?

I don't have IV's official take on this, but from what I've heard, the House is still working on its own blueprint. Their compulsions are different and their bill will look substantially different in regards to legalization and border security based on the statements they've made so far.

Numbersusa is gaining strength using economy and unemployment as bargaining chip,already sen jeff sessions and grassely has shown their opposition in senate.In house Boblatte wants piece meal which means its going to get pushed till this election which is end of the year,and by then it would have lost steam.
So dont worry too much abt stem,yada,yada and individual needs.This bill is good and will get rid kf backlog pretty soon.

Every side will do its best to stimulate/instigate its base on this issue. We just have to be patient and get it through the process. There are a lot of issues that have been raised and they need to be addressed via amendments because we want a bill that resolves these issues when we have the window to do something about it. We cant say when our next window to do something will be so we best make sure we do a good job now.

ketavanda
04-20-2013, 11:57 PM
I can be VOLUNTEER 2...I will do this every night.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Updated to 12 Amendment proposals

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicants have not yet filled for the green card but have earned US advanced STEM degree more than 5 years ago. In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.


Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: 4102
Page/Line of Bill: Page 663/ Line 23
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

- It will be an incentive for the H1 visa holders to stay longer and choose US over other competitive countries to make their home.
- If both people work in the same family, it indirectly boosts day care and other supporting industries.
- Giving more people employment authorization will simply share the current US debt. This is subject to H4 on EAD getting jobs.
- Giving away more EADs will simply generate more revenue for USCIS, that way we can help people keep their jobs without losing money.
- Since most of the H4 visa holders are women, here is an opportunity to empower the women in this country.


Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.


Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2: 10 years requirement should not be continuous but can be with breaks also
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: There should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc


Amendment Proposal 6:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: It should add the provision- Make I-140 completely and automatically portable. An Approved i-140 should stand even if employer is changed and new employer should be able to proceed with AOS when date is current. If a 485 is in progress it gets similarly carried over to new employer and also the application can be bumped up from say EB3 to EB2 by providing new job description and/or qualifications.
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number. No point repeating every process again, and also this will remove an obstacle to job mobility lessen the indented servitude.


Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it is .Anyone, Please feel free to add your points here.


Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words):


Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words):


Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100):


Amendment Proposal 11:
Subject: Ensure Transparency with Immigration
Section of Bill: ?
Page/Line of Bill: ?
New addition: Y
Change or Removal of a provision: Add
WHY/LOGIC(No more than 100): USCIS have to create a page which would give an approximate date as when I will get a green card. If someone has filed I-485, with the information in the application and some basic questions, they should be able to give us a Priority number! If I get the number 4757, it means i am in line and 4757 people are in front of me, so this number should keep getting lesser and lesser each day/week/month/year! With all the numbers in hand, number of people applied, the categories they are in, the number of visas available, its a basic addition/subtraction that needs to be done. This will make the system very transparent.


Amendment Proposal: 12
Subject: Extend RPI status to individuals withapproved I-140 petitions and their immediate dependants for whom DHS does not have an immigrant visa available.
Section of Bill: 2101
Page/Line of Bill:Page 59
New addition: N
Change or Removal of a provision: y
Amending the criteria for RPI to include people with approved immigrant visa petitions and their immediate dependants (lawfully present in the country) allows these law abiding people to have the same benefits of job mobility and travel accorded to undocumented aliens who have been physically present in the country since before January 1, 2012. It bypasses the EAD issue for H4 spouses of Indian origin.

Anybody who think their proposal is important, please fill in above format and I shall update the list.

Thanks,
Ketavanda

dkar
04-21-2013, 10:42 AM
LglImi , jaadugar , padmaforopt , kiran_pathuri , dkar , msgrewal81 , gvenkat , pd052011 , dkshitij

Check your email that you used to register your username with the IV forum.

I just saw the email and replied back.

gc_check
04-21-2013, 11:39 AM
Amendment Proposal: For Item SEC. 2302. MERIT-BASED TRACK TWO or for all Merit Based (this might be a tough sell though I am for it).

Track 2 seems to be more targeted towards existing backlogs. All these people in the USA ALREADY that belong to this category already contributed / contributing to the USA in some form. Request an amendment to provide waiver of 5 years or 3 years wait to apply for citizenship (need to find out how to add who got LPRs recently - add clause like may be with applicants with 40 CREDITS on SS and their dependents)

Desertfox
04-21-2013, 01:36 PM
Amendment Proposal: For Item SEC. 2302. MERIT-BASED TRACK TWO or for all Merit Based (this might be a tough sell though I am for it).

Track 2 seems to be more targeted towards existing backlogs. All these people in the USA ALREADY that belong to this category already contributed / contributing to the USA in some form. Request an amendment to provide waiver of 5 years or 3 years wait to apply for citizenship (need to find out how to add who got LPRs recently - add clause like may be with applicants with 40 CREDITS on SS and their dependents)

As I understand, this "3-year permanent residency before citizenship eligibility" applies to anyone who lived here for 10 years, legally or illegally.

gk_2000
04-21-2013, 04:07 PM
I can be VOLUNTEER 2...I will do this every night.

Also, it is IV leadership choice to pick the proposals they like. We are just volunteers compiling proposals in logical format.

Updated to 12 Amendment proposals

Propose the below format:

Amendment Proposal 1:
Subject:Removal of 5 year cutoff for advanced STEM degree holders
Section of Bill: (Somebody please suggest)
Page/Line of Bill: Page 305 Line 10
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words): Majority of the currently backlogged and future EB2 category applicants have earned their US advanced STEM degree more than 5 years ago. Many of the applicants have not yet filled for the green card but have earned US advanced STEM degree more than 5 years ago. In order to truly reduce backlog for advanced STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the true purpose of the reform bill.


Amendment Proposal 2:
Subject: Change to provision of EAD for H4 spouses
Section of Bill: 4102
Page/Line of Bill: Page 663/ Line 23
New addition: N
Change or Removal of a provision: Y
WHY/LOGIC(No more than 100 words):

- It will be an incentive for the H1 visa holders to stay longer and choose US over other competitive countries to make their home.
- If both people work in the same family, it indirectly boosts day care and other supporting industries.
- Giving more people employment authorization will simply share the current US debt. This is subject to H4 on EAD getting jobs.
- Giving away more EADs will simply generate more revenue for USCIS, that way we can help people keep their jobs without losing money.
- Since most of the H4 visa holders are women, here is an opportunity to empower the women in this country.


Amendment Proposal 3:
Subject: Just like L1 visa managers and executives, exempt the H1B managers and executives from the annual numerical limits on employment-based immigrants
Section of Bill: (Somebody please guide)
Page/Line of Bill: Page 301 Line 13
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): It does not make sense to give first preference category immigration to L1 foreign executives, while ignoring and giving second preference to H1B employees who worked hard to get promoted through ranks and became managers and executives.


Amendment Proposal 4:
Subject: Give EAD to all the approved I-140 irrespective of PD
Section of Bill: This is not there on the bill
Page/Line of Bill:
New addition: Y
Change or Removal of a provision: N
WHY/LOGIC(No more than 100 words): When they can give work authorization and travel doc for un documented , why not give EAD for all the I-140 the moment the bill is passed. After all the h1 guys are paying SS and taxes for years.


Amendment Proposal 5:
Subject: Track 2: 10 years requirement should not be continuous but can be with breaks also
Section of Bill: LONG-TERM ALIEN WORKERS AND OTHER 6 MERIT-BASED IMMIGRANTS
Page/Line of Bill: 271
New addition: should be considered for all the people who have spent more than 10 years not necessarily continuous.
Change or Removal of a provision: There should be an explanation on 10 years
WHY/LOGIC(No more than 100 words): Most of the people who are on h1 cannot stay more than 6 yrs and have to go back to home land. You can get 7th year if you have a pending EB. In case you have an EB you are covered in other sections of the bill anyways. So this is for people who have no EB in place and spent more than 10 years in US legally. So this needs to be modified stating that who have spent time in US for 10 yrs combined not necessarily continuous in any legal status l1,h1,h4,l2,b1,f1 etc


Amendment Proposal 6:
Subject:Need Visa Revalidation with in USA without need to travel outside
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: It should add the provision- Make I-140 completely and automatically portable. An Approved i-140 should stand even if employer is changed and new employer should be able to proceed with AOS when date is current. If a 485 is in progress it gets similarly carried over to new employer and also the application can be bumped up from say EB3 to EB2 by providing new job description and/or qualifications.
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number. No point repeating every process again, and also this will remove an obstacle to job mobility lessen the indented servitude.


Amendment Proposal 7:
Subject:Include the condition that aliens in EB waiting for more than 3 years on EB-2 (or) waiting for more than 5 years on EB-3
Section of Bill :SEC. 2302. MERIT-BASED TRACK TWO. (C) ELIGIBILITY (1)EMPLOYMENT-BASED IMMIGRANTS
Page/Line of Bill: Page 270 Lines 7-13
New addition: N
Change or Removal of a provision: An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued with in ("5 years after the date on which such petition was filed") should be changed to something like ("3 years after the date on which such petition was filed, if the alien holds an advanced degree (Eb-2) (or)5 years after the date on which such petition was filed").
WHY/LOGIC(No more than 100 words): IV Admin can judge how fair is this request and how important it is .Anyone, Please feel free to add your points here.


Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words):


Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words):


Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100):


Amendment Proposal 11:
Subject: Ensure Transparency with Immigration
Section of Bill: ?
Page/Line of Bill: ?
New addition: Y
Change or Removal of a provision: Add
WHY/LOGIC(No more than 100): USCIS have to create a page which would give an approximate date as when I will get a green card. If someone has filed I-485, with the information in the application and some basic questions, they should be able to give us a Priority number! If I get the number 4757, it means i am in line and 4757 people are in front of me, so this number should keep getting lesser and lesser each day/week/month/year! With all the numbers in hand, number of people applied, the categories they are in, the number of visas available, its a basic addition/subtraction that needs to be done. This will make the system very transparent.


Amendment Proposal: 12
Subject: Extend RPI status to individuals withapproved I-140 petitions and their immediate dependants for whom DHS does not have an immigrant visa available.
Section of Bill: 2101
Page/Line of Bill:Page 59
New addition: N
Change or Removal of a provision: y
Amending the criteria for RPI to include people with approved immigrant visa petitions and their immediate dependants (lawfully present in the country) allows these law abiding people to have the same benefits of job mobility and travel accorded to undocumented aliens who have been physically present in the country since before January 1, 2012. It bypasses the EAD issue for H4 spouses of Indian origin.

Anybody who think their proposal is important, please fill in above format and I shall update the list.

Thanks,
Ketavanda

Please edit #6 as

Amendment Proposal 6:
Subject: Seamless i-140/485 portability
Section of Bill: SEC. 4103.ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Page/Line of Bill: Page 664 Lines 5 -13
New addition: N
Change or Removal of a provision: It should add the provision- Make I-140 completely and automatically portable. An Approved i-140 should stand even if employer is changed and new employer should be able to proceed with AOS when date is current. If a 485 is in progress it gets similarly carried over to new employer and also the application can be bumped up from say EB3 to EB2 by providing new job description and/or qualifications.
WHY/LOGIC(No more than 100 words): As the Greencard is already approved and just waiting for a Visa Number. No point repeating every process again, and also this will remove an obstacle to job mobility lessen the indented servitude.

Murthy
04-21-2013, 04:12 PM
As I understand, this "3-year permanent residency before citizenship eligibility" applies to anyone who lived here for 10 years, legally or illegally.
Yes it is true ,it is 3 years wait to get eligibility for applying citizenship after you get GC if you live in US for 10 years.
But for EBs getting GC is most important especially existing backlogged EB3s.
Every one should ask for the amendment for section 2306(Numerical limitations on individual foreign states that eliminates PER-COUNTRY NUMERICAL LIM1ITATIONS) effective date section 2306 shall take effect on October 1, 2013, and shall apply to fiscal years beginning with fiscal year 2014.Without this getting 40% quota for EB3s or Recapture of Unused Immigrant Visas) is not much useful for existing pending EBs.In fact Recapture of Unused Immigrant Visas can be effective from FY2015 as per bill because USCIS needs some time(at least 6 months I feel) to arrive to the number of visa to be recaptured.Not sure IV has this point (Request to amend effective date for section 2306) on their priority List.

aswami
04-21-2013, 04:52 PM
Amendment Proposal ??:
Subject: MERIT-BASED TRACK TWO: immigrant visas limited to 1/7 per year for 7 years
Section of Bill: SEC. 2302. MERIT-BASED TRACK TWO.
Page/Line of Bill: 271
New addition: N.A.
Change or Removal of a provision: Allocate visas to a minimum of 1/7 the number of aliens to whom visas have not been issued. If more visas are available due to amends to the INA (or any other reason), allocate them to the aliens even if the total goes above 1/7 for that particular year.
WHY/LOGIC(No more than 100 words): If more visa numbers are available, there is no reason to limit allocating them to just 1/7 of the people who have applied 5 years ago. Giving out the available visas will avoid the repetition of the problem of available visas not being allocated to people who are waiting in the queue. This will get the previous backlogs cleared faster.


Amendment Proposal ??:
Subject: Ensure recaptured immigrant visas from 1992 to 2013 are all used up.
Section of Bill: SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT VISAS.
Page/Line of Bill: 276
New addition: Ensure that the unused immigrant visas from years 1992 to 2013 will ALL be issued to people waiting in the queue for more than 5 years, regardless of how long it will take to issue them, even if it is beyond FY 2015.
Change or Removal of a provision: N.A.
WHY/LOGIC(No more than 100 words): The way the bill is currently worded, it sounds as if the unused visas recaptured from 1992 to 2013, should all be issued only in FY 2015. If any of those old visas are not issued in FY 2015, they may be lost forever! We know the number of those unused visas is going to be large and USCIS will most probably not be able to issue all of them within just one year 2015. Therefore, it is important to ensure that each and every one of those recaptured visas are issued even if it takes more time, beyond FY 2015, to do so.

Amendment Proposal ??:
Subject: Ensure recaptured immigrant visas from a previous year are not wasted.
Section of Bill: SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT VISAS.
Page/Line of Bill: 276
New addition: Ensure that the unused immigrant visas from a previous year can be issued in multiple future years, and not just the immediate next year. For example, if X number of visas are unused in year 2016, USCIS should issue these unused visas not only in 2017, but also in 2018 and beyond until they are all used up.
Change or Removal of a provision: N.A.
WHY/LOGIC(No more than 100 words): The way the bill is currently worded, it sounds as if the unused visas recaptured from a previous year, can be issued in the immediate subsequent year only. For example, X number of unused visas from 2016 can be issued only in 2017, but not beyond. This limitation will once again result in a large number of unused visas accumulating year after year as it has currently happened from 1992 to 2013.

STEMPHD
04-21-2013, 07:24 PM
I have been reading conflicting information on whether PERM is eliminated for all US STEM graduates or only for the ones graduated within 5 years. The IV summary (http://immigrationvoice.org/wiki/images/1/14/CIR_Summary_of_Skilled_Immigration_Provisions_IV.p df) mentions - "No labor certification for US STEM". Line 4 on Page 312, refers labor certification exception for 203 (b) (2) (A) (ii). I think this reference is for all US STEM graduates. I will appreciate any clarifications on this topic.

photoman
04-21-2013, 09:43 PM
Amendment Proposal:
Subject: National Interest Waiver (EB2-NIW) be exempt from numerical limitations.
Section of Bill: 203(b)
Page/Line of Bill: Page 306, Line 21/22.
New addition: No.
Change or Removal of a provision: Yes.
WHY/LOGIC(No more than 100 words): NIW cases are subjective and very difficult to get approved. Due to 1998 NYDOT case, the NIW cases are adjudicated with high standards, almost comparable to EB1B. If EB1B and STEM PhD cases can be exempt from numerical limitations, then why not EB2-NIW? Moreover, the number of NIW cases are quite less.

photoman
04-21-2013, 10:48 PM
Amendment Proposal:
Subject: National Interest Waiver (EB2-NIW) be exempt from numerical limitations.
Section of Bill: 203(b)
Page/Line of Bill: Page 306, Line 21/22.
New addition: No.
Change or Removal of a provision: Yes.
WHY/LOGIC(No more than 100 words): NIW cases are subjective and very difficult to get approved. Due to 1998 NYDOT case, the NIW cases are adjudicated with high standards, almost comparable to EB1B. If EB1B and PhD cases can be exempt from numerical limitations, then why not EB2-NIW? Also, the new rule of petitioning within 5 years of graduation may be a disadvantage for people with US Masters degree, who want to apply under NIW category.

ketavanda
04-22-2013, 12:13 AM
There are currently 16 amendment proposals. There is a numerical limitation in the post. I am not able to post since the text exceeds 10000 characters. I am requesting admins of IV to change this limitation to 20000 or 25000 (25k). If this is a concern or not possible, I am proposing google docs for adding the amendment proposals. I can create a google doc and share with all.

Thanks,
Ketavanda.

sage2006
04-22-2013, 01:19 AM
We can check on this but for now you can add as two posts (part 1, part 2) for us to continue tracking

There are currently 16 amendment proposals. There is a numerical limitation in the post. I am not able to post since the text exceeds 10000 characters. I am requesting admins of IV to change this limitation to 20000 or 25000 (25k). If this is a concern or not possible, I am proposing google docs for adding the amendment proposals. I can create a google doc and share with all.

Thanks,
Ketavanda.

sup_eb2_2009
04-22-2013, 03:52 AM
I have added the logic section for 8,9,10

Amendment Proposal 8:
Subject: Immediately enacting visa recapture
Section of Bill: 2304
Page/Line of Bill: 276
New addition: N
Change or Removal of a provision: Y. Change fiscal year 2015 to 2014.
WHY/LOGIC(No more than 100 words): The purpose is to remove the existing EB backlog as quickly as possible. If this enable for existing EB category immediately, back log will be cleared with the help of extra visas. There will be no need to Merit Based track 2 which will make EB people unfairly potentially wait for 7 more years.


Amendment Proposal 9:
Subject: Immediately enacting country cap removal
Section of Bill: 2306
Page/Line of Bill: 296
New addition: N
Change or Removal of a provision: Y. Para named Effective Date - change to immediate.
WHY/LOGIC(No more than 100 words): The purpose is to remove the existing EB backlog as quickly as possible. If this enable for existing EB category immediately, back log will be cleared with the help of the fairness in the first come first serve process. There will be no need to Merit Based track 2 which will make EB people unfairly potentially wait for 7 more years.


Amendment Proposal 10:
Subject: Immediately enacting exemption of derivative beneficiaries from the count
Section of Bill: ?
Page/Line of Bill: 299
New addition: N
Change or Removal of a provision: Y. Change to immediate
WHY/LOGIC(No more than 100): The purpose is to remove the existing EB backlog as quickly as possible. If this enable for existing EB category immediately, back log will be cleared with the help of extra visas. There will be no need to Merit Based track 2 which will make EB people unfairly potentially wait for 7 more years.

RNGC
04-22-2013, 03:29 PM
^