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  #61 (permalink)  
Old 04-17-2013, 06:31 PM
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Originally Posted by amulchandra View Post
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
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  #62 (permalink)  
Old 04-17-2013, 06:33 PM
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Originally Posted by sunny2007 View Post
Can we have it from 2013 Oct 1st ? Please move an amendment Senator
Thatastu --meaning your wish is granted. http://immigrationvoice.org/forum/im...es/biggrin.gif
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  #63 (permalink)  
Old 04-17-2013, 06:40 PM
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A summary on Rubio's site says that he wont support if the bill is rushed thru
http://www.rubio.senate.gov/public/?...c-366a1b71ad38
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  #64 (permalink)  
Old 04-17-2013, 07:34 PM
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Default Pag 305 of CIR

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.
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  #65 (permalink)  
Old 04-17-2013, 07:45 PM
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Originally Posted by amulchandra View Post
Thatastu --meaning your wish is granted. http://immigrationvoice.org/forum/im...es/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 ?

I'm frustrated very much and hoping Senator Leahy asks this to the panel on Friday and Monday.
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  #66 (permalink)  
Old 04-17-2013, 08:05 PM
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Originally Posted by amulchandra View Post
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.
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  #67 (permalink)  
Old 04-17-2013, 08:12 PM
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Originally Posted by Madhuri View Post
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.
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  #68 (permalink)  
Old 04-17-2013, 08:22 PM
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Does it allow filing I-485 for approved I-140 ?
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  #69 (permalink)  
Old 04-17-2013, 08:25 PM
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Originally Posted by mgmanoj View Post
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.
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  #70 (permalink)  
Old 04-17-2013, 08:32 PM
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Default Physicians and CIR

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.
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  #71 (permalink)  
Old 04-17-2013, 08:40 PM
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Originally Posted by bibliophile2020 View Post
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.
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  #72 (permalink)  
Old 04-17-2013, 08:50 PM
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Arrow STEM degree more than 5 years ago

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.
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  #73 (permalink)  
Old 04-17-2013, 08:55 PM
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I am not sure why they would put FY 2015 for EB visa recapture, when the point based system starts right away.
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  #74 (permalink)  
Old 04-17-2013, 09:04 PM
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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.
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  #75 (permalink)  
Old 04-17-2013, 09:16 PM
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Originally Posted by balbirbagdu View Post
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.
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