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  #286 (permalink)  
Old 04-26-2013, 09:30 AM
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Originally Posted by sage2006 View Post
for the propsoed amendment 17..I hope folks have read page 110 of the bill. Not sure why you guys think it applies only to RPI.
Actually reading the sections of the bill will help resolve several myths being propagated like the backlog removal one we clarified on the other thread.

‘‘(f) Any lawful permanent resident who was lawfully
10 present in the United States and eligible for work author11
ization for not less than 10 years before becoming a lawful
12 permanent resident may be naturalized upon compliance
13 with all the requirements under this title except the provi14
sions of section 316(a)(1) if such person, immediately pre15
ceding the date on which the person filed an application
16 for naturalization—
17 ‘‘(1) has resided continuously within the United
18 States, after being lawfully admitted for permanent
19 residence, for at least 3 years;
20 ‘‘(2) during the 3-year period immediately pre21
ceding such filing date, has been physically present
22 in the United States for periods totaling at least 50
23 percent of such period; and
24 ‘‘(3) has resided within the State or in the ju25
risdiction of the U.S. Citizenship and Immigration
VerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744 smartinez on DSK4VPTVN1PROD with BILLS
110
•S 744 IS
1 Services field office in the United States in which
2 the applicant filed such application for at least 3
3 months.’’.
That is correct but the words indicate "lawful permanent resident" and "after being lawfully admitted for permanent residence" but i think we are not "Permanent Residents" (Green card holders). May be I am wrong, some one should clarify.

Amendment 17 is for getting Naturalized for people entered into the country as non-immigrant (like in work/dependent visa) and continues to stay in the country for 13+ years under the same category and still have not adjusted the status because of unavailability of visa numbers.
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  #287 (permalink)  
Old 04-26-2013, 10:37 AM
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If we want any amendment in the bill or protect anything good we have in senate CIR bill, please contribute ASAP

http://immigrationvoice.org/forum/fo...-2013-a-2.html (IV Action Item : CIR bill 2013)
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  #288 (permalink)  
Old 04-26-2013, 10:58 AM
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Default Amendment Proposal #8 and 9 extremely important

Thanks IV for your work.

I think it is extremely important that enactment of recapturing visas and removing per-country caps be effective immediately. There does not seem to be any rationale in putting a 1-year (or more) wait period on these.

Especially, if they delay recapturing unused visas, they are basically saying - We've wasted visas in past several years due to operating inefficiencies, but we will continue to do so for "one more year" and then capture all the unused visas a year after that. Why wait one year, why waste some more and then recapture them. Why not do it now!

IV - Please notch up the priority on these issues since it seems like it may be quite easy to convince lawmakers to put in this amendment as it jumps out as a very rational thing to do.

Good luck on your efforts!
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  #289 (permalink)  
Old 04-26-2013, 11:04 AM
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Originally Posted by WhatsInaName View Post
Thanks IV for your work.

I think it is extremely important that enactment of recapturing visas and removing per-country caps be effective immediately. There does not seem to be any rationale in putting a 1-year (or more) wait period on these.

Especially, if they delay recapturing unused visas, they are basically saying - We've wasted visas in past several years due to operating inefficiencies, but we will continue to do so for "one more year" and then capture all the unused visas a year after that. Why wait one year, why waste some more and then recapture them. Why not do it now!

IV - Please notch up the priority on these issues since it seems like it may be quite easy to convince lawmakers to put in this amendment as it jumps out as a very rational thing to do.

Good luck on your efforts!
After reading the merit track 1 and 2, my stress levels went up and took a day off.
with 1/7 model I do not see how unused visa recapture will help.
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  #290 (permalink)  
Old 04-26-2013, 11:51 AM
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Originally Posted by WhatsInaName View Post
Thanks IV for your work.

I think it is extremely important that enactment of recapturing visas and removing per-country caps be effective immediately. There does not seem to be any rationale in putting a 1-year (or more) wait period on these.

Especially, if they delay recapturing unused visas, they are basically saying - We've wasted visas in past several years due to operating inefficiencies, but we will continue to do so for "one more year" and then capture all the unused visas a year after that. Why wait one year, why waste some more and then recapture them. Why not do it now!

IV - Please notch up the priority on these issues since it seems like it may be quite easy to convince lawmakers to put in this amendment as it jumps out as a very rational thing to do.

Good luck on your efforts!
I think this has been discussed quite a bit. We are all conscious about the effective date aspect but we have to be realistic in our expectations. Right now folks are trying to get the bill passed before the end of the year leave alone making it effective FY2014. A more reasonable proposal is making bill effective first day of the FY that starts after bill is enacted..so if it passes before oct 1, it will be effective fy2014 or else we have no choice but wait another FY. remember that they are also keepign in mind the time it will take for USCIS to evaluate unused visas (or other aspects..which is why you will see "18 months" timeframe in some sections of the bill).

Quote:
Originally Posted by sanju_dba View Post
After reading the merit track 1 and 2, my stress levels went up and took a day off.
with 1/7 model I do not see how unused visa recapture will help.
Why? Could you point to specific sections of the bill that are causing you concern?
backlog provisions seem pretty clear as discussed on the other thread.

http://immigrationvoice.org/forum/fo...ml#post3571589 (CIR: Pending EB backlog removal discussion)
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  #291 (permalink)  
Old 04-26-2013, 11:53 AM
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Originally Posted by unluckydude View Post
That is correct but the words indicate "lawful permanent resident" and "after being lawfully admitted for permanent residence" but i think we are not "Permanent Residents" (Green card holders). May be I am wrong, some one should clarify.

Amendment 17 is for getting Naturalized for people entered into the country as non-immigrant (like in work/dependent visa) and continues to stay in the country for 13+ years under the same category and still have not adjusted the status because of unavailability of visa numbers.
but you will be a permanent resident after getting a GC right?
So 3 years after getting GC and then meeting the req of having 10 years on a valid work auth status (which I think most folks stuck in backlogs will meet) is what the above seems to state.
Could you elaborate your concern and which line/section is causing it?
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  #292 (permalink)  
Old 04-26-2013, 12:21 PM
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Originally Posted by sage2006 View Post
I think this has been discussed quite a bit. We are all conscious about the effective date aspect but we have to be realistic in our expectations. Right now folks are trying to get the bill passed before the end of the year leave alone making it effective FY2014. A more reasonable proposal is making bill effective first day of the FY that starts after bill is enacted..so if it passes before oct 1, it will be effective fy2014 or else we have no choice but wait another FY. remember that they are also keepign in mind the time it will take for USCIS to evaluate unused visas (or other aspects..which is why you will see "18 months" timeframe in some sections of the bill).

+ resource, planning and training time needed for USCIS once the bill passes. Remember there is a huge change in the existing law, many new people will apply, and personnel will have to be recruited and trained to follow new rules while processing. We should not expect to get current as soon as the bill is signed by the President. There will need to be realistic discussions needed between stakeholders on effective date of implementation by understanding the concerns of both sides.

Additionally all the list of amendments and suggestions are of no use if we do not have resources to advocate for them. We had mentioned that action item http://immigrationvoice.org/forum/fo...-2013-a-2.html (IV Action Item : CIR bill 2013) is mandatory for everyone if they want any amendment or protect any good feature of the bill. Expecting a free ride of 17 suggested amendments is simply not possible. Please consider participating in the action item as soon as possible. There is another action item happening at state chapter level with daily conference call in different states for volunteers, active chapter members and previous advocacy day participants who have been trained. There is a lot happening and it is not a time to sit back and relax. Please take active interest and participate.

Last edited by pappu; 04-26-2013 at 12:50 PM.
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  #293 (permalink)  
Old 04-26-2013, 12:55 PM
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Quote:
Originally Posted by sage2006 View Post
but you will be a permanent resident after getting a GC right?
So 3 years after getting GC and then meeting the req of having 10 years on a valid work auth status (which I think most folks stuck in backlogs will meet) is what the above seems to state.
Could you elaborate your concern and which line/section is causing it?
The undocumented will get Naturalized in 13 years and the documented should wait for ever? Then what is the incentive of entering this country legally, pay taxes, follow the rule of the land? Even assuming the law is passed in the coming months and the those who are waiting in the line gets their card in fiscal year 2014, it will be another 3 years before get their citizenship. Effectively it means for someone entered 13 years ago will get Naturalized after 16th year in the country. And for some it could be more. I know some in this forum is already waiting for the last 15 years to get the card.

In essence, there should be a level playing field.
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  #294 (permalink)  
Old 04-26-2013, 01:22 PM
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Quote:
Originally Posted by unluckydude View Post
The undocumented will get Naturalized in 13 years and the documented should wait for ever? Then what is the incentive of entering this country legally, pay taxes, follow the rule of the land? Even assuming the law is passed in the coming months and the those who are waiting in the line gets their card in fiscal year 2014, it will be another 3 years before get their citizenship. Effectively it means for someone entered 13 years ago will get Naturalized after 16th year in the country. And for some it could be more. I know some in this forum is already waiting for the last 15 years to get the card.

In essence, there should be a level playing field.
You can use Merit based track if you already have 10 years in US. That's how it going to provide you level playing field. Even you feel that is not accurate then also we should be thankful to Hispanics voters swing in 2012 election for making two opposite side come together and forcing them to work on immigration overhaul otherwise no one cares . Legal immigrant have no clout over all lawmakers. Even high skill migrants are divided over Stem, EB1,2,3 or h1B. I see very often eb2 bash eb3 how they are more deserving then Eb3 or other categories. Legal community alone couldn't pass HR 3012 in senate. Even Indian voter community don't care about Indian immigrants like Hispanic voters do for their illegal.

CIR bill has lots of things for every community illegal or legal but everyone of them is complaining something they don't like. As legal immigrant I am happy to see country cap go plus capturing unused Visas since 1992 and exclusion of dependents out of total quota (which they consumed more than 50%). You can do math and see how much benefits we will be getting from this bill instead on lamenting how much others will.
Number USA, FAIR and CIS already up in arms against this bill they just need few senators and congressman to scares off to oppose this bill. Their activist already showing up in townhall meeting and shouting against this bill. Last thing we need divided or fighting immigrant communities over who is getting better share.
If you do not believe check past and see a small majorities of radicals can force congressmen kill any major bill very easily like 2007 CIR, HR 3012 etc..
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  #295 (permalink)  
Old 04-26-2013, 01:25 PM
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I strongly back this naturalization amendment after 13 years suggestion. It is an excellent suggestion, and will play well with Senators and media, as 13 yrs is the period that the undocumented have to wait for naturalization.

It has a significantly better chance of acceptance than a 10 year period, just because of its optics w..rt. the undocumented proposal. The US media is quick to catch onto certain themes of fair play, balance, justice, etc., and if we push this strategically, it can get a lot of media airplay, and therefore easy acceptance on the floor.

Quote:
Originally Posted by unluckydude View Post
Amendment Proposal: 17
Subject: Naturalization for legal documented alien of 13+ years
Section of Bill: NATURALIZATION.—Section 319 (8 U.S.C. 1430)
Page/Line of Bill: Page 109.
New addition: No.
Change or Removal of a provision: Yes.
WHY/LOGIC(No more than 100 words): The proposed law extends the benefit of getting naturalized in 13 years after changing the status of undocumented to RPI. We request the same to be extended to all who are physically present here in the U.S. for a extended period of 13+ years under legal non-immigrant status. In both the status, the non-citizens will pay tax, contribute to social security, abide by the laws, prove proficiency of English and Civics to get naturalized.

This will benefit only the current backlogged EB category and with the proposed law under "Subtitle C—Future Immigration", many of the backlogs under EB and FB categories will get eliminated within the 13 year period and hence no question of future naturalization issue will not arise.
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  #296 (permalink)  
Old 04-26-2013, 01:26 PM
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bond4u good post. Good to see someone who gets it!
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  #297 (permalink)  
Old 04-26-2013, 02:19 PM
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So in simple words is the following interpretation correct?
If someone received a GC in May 2010; his work on H1 in US should have been started from May 2000?
But instead if he started work in US on H1 in May 2001, he won't be eligible to apply for citizenship (because he was only 9 years here Legal on H1 before becoming permanent resident) and would have to wait for full 5 years after receiving GC to be able to apply only in May 2015?

Quote:
Originally Posted by sage2006 View Post
for the propsoed amendment 17..I hope folks have read page 110 of the bill. Not sure why you guys think it applies only to RPI.
Actually reading the sections of the bill will help resolve several myths being propagated like the backlog removal one we clarified on the other thread.

‘‘(f) Any lawful permanent resident who was lawfully
10 present in the United States and eligible for work author11
ization for not less than 10 years before becoming a lawful
12 permanent resident may be naturalized upon compliance
13 with all the requirements under this title except the provi14
sions of section 316(a)(1) if such person, immediately pre15
ceding the date on which the person filed an application
16 for naturalization—
17 ‘‘(1) has resided continuously within the United
18 States, after being lawfully admitted for permanent
19 residence, for at least 3 years;
20 ‘‘(2) during the 3-year period immediately pre21
ceding such filing date, has been physically present
22 in the United States for periods totaling at least 50
23 percent of such period; and
24 ‘‘(3) has resided within the State or in the ju25
risdiction of the U.S. Citizenship and Immigration
VerDate Mar 15 2010 04:04 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S744.IS S744 smartinez on DSK4VPTVN1PROD with BILLS
110
•S 744 IS
1 Services field office in the United States in which
2 the applicant filed such application for at least 3
3 months.’’.
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  #298 (permalink)  
Old 04-26-2013, 02:27 PM
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Talking Let us stop negativity about CIR!

Quote:
Originally Posted by unluckydude View Post
The undocumented will get Naturalized in 13 years and the documented should wait for ever? Then what is the incentive of entering this country legally, pay taxes, follow the rule of the land? Even assuming the law is passed in the coming months and the those who are waiting in the line gets their card in fiscal year 2014, it will be another 3 years before get their citizenship. Effectively it means for someone entered 13 years ago will get Naturalized after 16th year in the country. And for some it could be more. I know some in this forum is already waiting for the last 15 years to get the card.

In essence, there should be a level playing field.
Also just an fyi... Benefit of being legal immigrant is your all years in USA will be counted towards your naturalization if you chose Merit base track while illegal immigrants clock will start after enactment of this bill. It means they will behind in line of legal aliens who played by rules.
Though for some who is getting their GC next year may not be big winners (though will get some benefits) but think of thousands of Eb3 applicants who are setup to wait for 50 years without this law those number are really higher then those who will getting 8% of 140k next year.

I hope this will take some of your heartburns off.

Let us get together and stop negativity about CIR! Let Number USA trolls do that.
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  #299 (permalink)  
Old 04-26-2013, 02:37 PM
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Quote:
Originally Posted by bond4u View Post
Also just an fyi... Benefit of being legal immigrant is your all years in USA will be counted towards your naturalization if you chose Merit base track while illegal immigrants clock will start after enactment of this bill. It means they will behind in line of legal aliens who played by rules.
Though for some who is getting their GC next year may not be big winners (though will get some benefits) but think of thousands of Eb3 applicants who are setup to wait for 50 years without this law those number are really higher then those who will getting 8% of 140k next year.

I hope this will take some of your heartburns off.

Let us get together and stop negativity about CIR! Let Number USA trolls do that.
Agree with everything you're stating. We need to band together to get this through the Senate first. It only takes one single Senator to kill it but it will take the collective will of all of us to see this succeed.

And then we'll have to do it all over again to get this through the House which has been sounding impervious to comprehensive reform so far.
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  #300 (permalink)  
Old 04-26-2013, 03:20 PM
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Default Little Change for WHY/LOGIC for Ammendment Proposal 1

I just want to suggest below for amendment 1 : Removal of 5 year cutoff for advanced STEM degree holders.
Volunteers if you like please consider


PART 1

Updated to 17 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.

Proposed New WHY/LOGIC

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 applicants have not yet filled for green card but earned US STEM degree more than 5 years ago. To truly reduce backlog for STEM graduates, removal of the 5 year cutoff is very important. Alternatively it can be extended to 10 years. This will serve the reform bill 2nd pillar “doing better job of attracting and keeping the world’s best and brightest”. More experienced STEM graduates over 5 years can most able to contribute to USA economy.
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