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  #46 (permalink)  
Old 04-17-2013, 02:17 PM
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Originally Posted by rakesh_basis View Post
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.
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  #47 (permalink)  
Old 04-17-2013, 02:40 PM
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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!
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.
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  #48 (permalink)  
Old 04-17-2013, 02:49 PM
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Default CIR: Pending EB will be approved in 7 batches starting FY2015 and ending in FY2021?

(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—
----------------------------------------------------------
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  #49 (permalink)  
Old 04-17-2013, 03:09 PM
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Hello: I have a question about Section 4102, page 664, line 4.

Quote:
(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"?
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  #50 (permalink)  
Old 04-17-2013, 03:41 PM
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Default PhD STEM life sciences exclusion

Hi,
I wanted to confirm if the PhD in STEM fields category included the life sciences or excluded it.
Thanks!
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  #51 (permalink)  
Old 04-17-2013, 03:44 PM
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Quote:
Originally Posted by Administrator2 View Post
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/Im...ll_of_2013.pdf
I thank the entire core team for their efforts. We could not see a bill like this without your efforts.
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  #52 (permalink)  
Old 04-17-2013, 04:08 PM
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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?
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  #53 (permalink)  
Old 04-17-2013, 04:12 PM
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Default seems not anytime soon

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
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  #54 (permalink)  
Old 04-17-2013, 04:13 PM
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Originally Posted by GCTorture View Post
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
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  #55 (permalink)  
Old 04-17-2013, 04:19 PM
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Default Thanks IV for giving us this day

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

Quote:
Originally Posted by GCTorture View Post
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.
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  #57 (permalink)  
Old 04-17-2013, 04:39 PM
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Quote:
Originally Posted by sunny2007 View Post
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.
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  #58 (permalink)  
Old 04-17-2013, 04:44 PM
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Default EB2 without US masters degree

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
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  #59 (permalink)  
Old 04-17-2013, 04:51 PM
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Default

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?
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  #60 (permalink)  
Old 04-17-2013, 05:19 PM
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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
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