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  #1 (permalink)  
Old 11-01-2007, 11:40 PM
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Default Why 61,000 Visa Recapture Exclusively for Nurses is bad for EB3 IT guys

Hello experts,

Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?

* Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.

* Is this not good because it doesn't help EB2 and EB1?

* Some other reason

Please educate and comment.
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  #2 (permalink)  
Old 11-01-2007, 11:53 PM
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Default I agree

I depends on how many of them are in line already. If there are more than 61,000 with PD > 2006 then it will not help much. Also IV focuses on alleviating issues of all skilled immigrants issues not for specific group.
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  #3 (permalink)  
Old 11-01-2007, 11:56 PM
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Quote:
Originally Posted by sathyaraj View Post
If there are more than 61,000 with PD > 2006 then it will not help much.
Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05
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  #4 (permalink)  
Old 11-02-2007, 12:45 AM
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Default Sample data

Let us assume that we have totally 70,000 Nurses pending now.

a. PD <= 2006 is 10000
b. PD > 2006 is 60000

This would not help much of ppl waiting in EB3 with PD earlier than Nov 2006 bcoz it takes only 10,000 of their queue. But it really helps the ppl with PD > 2006.

Also it depends on whether 7% country limit is applicable. It would help RoW better than retrogressed countries.

In either case, it is a win-win situation for EB3 India 61,000 * .07 = 4270. Still it is worth of about 1 yr worth of EB3 visas for retrogressed countries.

Any thoughts or corrections?

Quote:
Originally Posted by aadimanav View Post
Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05
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  #5 (permalink)  
Old 11-02-2007, 01:42 AM
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Default 2 things

1. there has been a recapture for nurses once already- 50,000 GC
therefore older PD's are likely to have a GC already, this lot is likely to be for newer applicants

2. last time USCIS did this in a way that did not benefit EB3. instead of starting with recapture numbers right away, they first exhausted the regular quota, so all nurses already coming up for GC got numbers from the annual quota, then they gave recapture numbers to people with more recent applications

of course, either way in the longer run it reduces the number of people in line. but it would be nice if everyone that is waiting could benefit, not just nurses. i'm not writing this to oppose nurses relief or anything, just a factual comment. i do wish they had found a different way- exempt nurses from the quota and allow recapture numbers to be used for everyone...
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  #6 (permalink)  
Old 11-02-2007, 02:31 AM
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Default

Thanks SatyaRaj and Paskal.
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  #7 (permalink)  
Old 11-02-2007, 12:18 PM
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Default It helps

Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.

Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.

Quote:
Originally Posted by internet View Post
Recapture of GC numbers by nurses will help EB3 is a false belief.
Recapture of GC by nurses will first take away EB3 greencards from the usual annual quota and once finished, they will go to taking the 61K quota. (Read the provison and previous rule followed in allotment of 50K visas in 2005)

Who will be hurt the most?
India and China because they are oversubscribed countries to some extent ROW. So nurses will get priority in the limited quota of these countries and once the quota is finished, they will go on to take the 61K quota. This will hurt regular EB3 people as their quota is exhausted. This is one of the many reasons why dates for india are so far backlogged.

If government really wants to help nurses then they should probably give them extra H1B visas or J1 viisas or something. They should not be giving them direct greencards meant for regular EB3 folks and denying EB3 folks waiting in line for a long time.

This is happening because of the strong nurses lobby and bodyshoppers who bring in the nurses directly on greencards.

Go talk to foriegn nurses and they will tell you more about bodyshoppers.
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  #8 (permalink)  
Old 11-02-2007, 12:22 PM
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I think since in their case there is not Labor Certification process so their PD is the day they file I-140.

Quote:
Originally Posted by sathyaraj View Post
Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.

Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
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  #9 (permalink)  
Old 11-02-2007, 12:38 PM
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Default Sorry

I think you still do not understand my point, EB3 PDs are stuck at 2001/2002. How will nurses be able to use these EB3 visas with their PD > 2006 ?

Quote:
Originally Posted by internet View Post
No. It will not help.
Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.

Do you think there are only 61K nurses waiting in line?
Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.
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  #10 (permalink)  
Old 11-02-2007, 12:54 PM
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Default

Quote:
Originally Posted by internet View Post
Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.
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  #11 (permalink)  
Old 11-02-2007, 01:06 PM
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Quote:
Originally Posted by gc_chahiye View Post
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, .
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.

The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.

However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
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  #12 (permalink)  
Old 11-02-2007, 01:08 PM
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As the nurses. who are ahead in PD to regular EB3 folks, vacate the line using recaptured numbers (after the country quota is used up in a year) , next year they will not be still standing in the queue ahead of you consuming a valuable quota. The replacement nurses who could take the regular quota have to join the line at the back.
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  #13 (permalink)  
Old 11-02-2007, 01:25 PM
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Default Check this out from Greg's blog

NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
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  #14 (permalink)  
Old 11-02-2007, 02:42 PM
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