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  #31 (permalink)  
Old 04-17-2013, 12:33 PM
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Quote:
Originally Posted by balbirbagdu View Post
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....
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  #32 (permalink)  
Old 04-17-2013, 12:36 PM
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Default Recapture of unused visas from 1992

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.’’.
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  #33 (permalink)  
Old 04-17-2013, 12:48 PM
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Default

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.
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  #34 (permalink)  
Old 04-17-2013, 12:57 PM
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Default

Quote:
Originally Posted by balbirbagdu View Post
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.
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  #35 (permalink)  
Old 04-17-2013, 12:59 PM
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Quote:
Originally Posted by kiran_pathuri View Post
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.
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  #36 (permalink)  
Old 04-17-2013, 01:07 PM
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Default

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.
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  #37 (permalink)  
Old 04-17-2013, 01:08 PM
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Default

Quote:
Originally Posted by dkshitij View Post
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-po...ill-4-15-2.pdf
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  #38 (permalink)  
Old 04-17-2013, 01:12 PM
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Default

Quote:
Originally Posted by balbirbagdu View Post
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.....
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  #39 (permalink)  
Old 04-17-2013, 01:23 PM
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Default

Quote:
Originally Posted by balbirbagdu View Post
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.
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  #40 (permalink)  
Old 04-17-2013, 01:30 PM
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Default Can we shift our focus back to the bill please?

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"
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  #41 (permalink)  
Old 04-17-2013, 01:33 PM
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Default IV Summary

http://immigrationvoice.org/forum/fo...ml#post3570869 (Immigration Reform of 2013 Introduced in the Senate)

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

http://immigrationvoice.org/wiki/ima...visions_IV.pdf

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.
__________________
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Last edited by sage2006; 04-17-2013 at 01:45 PM.
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  #42 (permalink)  
Old 04-17-2013, 01:42 PM
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Default

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
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Last edited by sage2006; 04-17-2013 at 01:44 PM.
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  #43 (permalink)  
Old 04-17-2013, 01:58 PM
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Default Thanks a lot for the summary

Quote:
Originally Posted by sage2006 View Post
http://immigrationvoice.org/forum/fo...ml#post3570869 (Immigration Reform of 2013 Introduced in the Senate)

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

http://immigrationvoice.org/wiki/ima...visions_IV.pdf

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
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  #44 (permalink)  
Old 04-17-2013, 02:04 PM
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rakesh_basis is on a distinguished road
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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
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  #45 (permalink)  
Old 04-17-2013, 02:11 PM
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Default EB2 and MS

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. "
..

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