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  #91 (permalink)  
Old 04-17-2013, 09:58 PM
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Post Suggestions to the CIR Bill

Quote:
Originally Posted by Administrator2 View Post
Thank you. This is a good suggestion. We will add it to our ask for amendment.

We request everyone to provide clear and reasonable suggestions, like the one above from msgrewal81. We assure you to take these ideas asking for amendments.

Again, please make sure yours is a reasonable ask, one that an impartial eye would view as fair.
Dear IV(Administrator),

At the outset, I greatly applaud and appreciate the efforts taken by IV and contributed towards the making of the CIR 2013 bill and hand in submitting the bill to Senate. I would like to suggestion/clarify the following amendments to the CIR bill:

1. CIR Enactment: It is strong consensus of dear IV friends and agree that the date of the enactment of the bill should be “IMMEDIATE” or on or before FY 2014 i.e. Oct 01, 2014 or whichever comes first.

2. On page 109 of the bill: EMPLOYEES OF CERTAIN NONPROFIT ORGANIZATIONS, AND OTHER LONG-TERM LAWFUL RESIDENTS 2(f)(1), (2) & (3):

– If I am reading it correctly, naturalization can be applied if one is in lawful permanent residence status for 3 years instead of 5 years requirement irrespective whether the alien is in RPI status or have legally been here in United States and have acquired permanent resident status. Require a clarification on this?

- If I misinterpreted the above section in 109 and that it only pertains to RPI aliens, then it is unfair that they get naturalized after 3 years being in permanent residence status even though they are given opportunity to adjust status to permanent resident status after 10 years from the enactment of the bill. The 3 years requirement to get naturalized should also be extended to who have been maintaining legal status and is in lawful permanent residence status for 3 years.

3. The family based adjustment of status- It is unclear whether an alien who is in permanent resident status can file for his or parent for permanent residence status. Require clarification on this?

Thanks again,

Sri
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  #92 (permalink)  
Old 04-17-2013, 10:10 PM
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Default we need these senators ( a humble request if you are reading this)

Group of IV, please consider these items for advocacy.

1. Allow EB2,3 to file for EAD with approved I-140 on the same day illegals are allowed to apply in provisional status.
2. Visa recapture since 2001 as soon as CIR becomes law.
3. " No country quotas" should be explicitly mentioned in the CIR, otherwise USCIS will interpret what ever way they want.
4. H4 spouses should be able allowed to work in USA. Illegal aliens spouses are allowed to work, why not legal aliens spouses? Why to ask for country reciprocal deals? They easily allow L1 spouses to work, why is it different for H1 ?
5. A hard one. Make GC costs equal to what illegals will be paying, that is $2k. Why shud we pay $7k when they were asked to pay only $2k for breaking the law? Equal treatment for every1.
6. Make 3 year run in GC for every1 to file for citizenship, not only for dreamers and illegals. This is step mom treatment toward H1Bs from the senators when we pay the govt almost 30pct of our income as taxes. Where is equality in America?
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  #93 (permalink)  
Old 04-17-2013, 10:13 PM
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Smile Suggestions to the CIR Bill

Quote:
Originally Posted by manohar123 View Post
Group of IV, please consider these items for advocacy.

1. Allow EB2,3 to file for EAD with approved I-140 on the same day illegals are allowed to apply in provisional status.
2. Visa recapture since 2001 as soon as CIR becomes law.
3. " No country quotas" should be explicitly mentioned in the CIR, otherwise USCIS will interpret what ever way they want.
4. H4 spouses should be able allowed to work in USA. Illegal aliens spouses are allowed to work, why not legal aliens spouses? Why to ask for country reciprocal deals? They easily allow L1 spouses to work, why is it different for H1 ?
5. A hard one. Make GC costs equal to what illegals will be paying, that is $2k. Why shud we pay $7k when they were asked to pay only $2k for breaking the law? Equal treatment for every1.
6. Make 3 year run in GC for every1 to file for citizenship, not only for dreamers and illegals. This is step mom treatment toward H1Bs from the senators when we pay the govt almost 30pct of our income as taxes. Where is equality in America?

I agree with you on all above points.
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  #94 (permalink)  
Old 04-17-2013, 10:38 PM
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Default

Quote:
Originally Posted by manohar123 View Post
Group of IV, please consider these items for advocacy.

1. Allow EB2,3 to file for EAD with approved I-140 on the same day illegals are allowed to apply in provisional status.
2. Visa recapture since 2001 as soon as CIR becomes law.
3. " No country quotas" should be explicitly mentioned in the CIR, otherwise USCIS will interpret what ever way they want.
4. H4 spouses should be able allowed to work in USA. Illegal aliens spouses are allowed to work, why not legal aliens spouses? Why to ask for country reciprocal deals? They easily allow L1 spouses to work, why is it different for H1 ?
5. A hard one. Make GC costs equal to what illegals will be paying, that is $2k. Why shud we pay $7k when they were asked to pay only $2k for breaking the law? Equal treatment for every1.
6. Make 3 year run in GC for every1 to file for citizenship, not only for dreamers and illegals. This is step mom treatment toward H1Bs from the senators when we pay the govt almost 30pct of our income as taxes. Where is equality in America?
Even with the list of good suggestions, using condescending language undermines the broader message. When asking for any change, please do not compare with other groups and please do not use negative or condescending language. Thank you for your understanding.
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  #95 (permalink)  
Old 04-17-2013, 10:39 PM
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Quote:
Originally Posted by gvenkat View Post
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.
I agree. The Oct.1, 2014 is overloaded with lots of new things and can possibly create a new mess. The longest waiting EB3-I people will be again be at the end of whatever new line. There should be an amendment to enact provisions sooner. There are many pre-adjudicated cases waiting for visa numbers in EB3, so it seems to be easier to implement.
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  #96 (permalink)  
Old 04-17-2013, 10:41 PM
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Quote:
Originally Posted by Vagabond View Post
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?
Looks like a H1B dependent employer can not do body shopping of a (their) H1B employee and a non H1B dependent employer can do body shopping of a H1B employee provided they have to pay $500/- fee, may be , one time for each such contract.
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  #97 (permalink)  
Old 04-17-2013, 10:46 PM
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Quote:
Originally Posted by pd052011 View Post
There should be no year limit attached. The assumption, that somehow after 5 or 10 years a masters degree becomes irrelevant, is in itself very strange.

Also, can we ask for an amendment on increasing oversight for GCs filed for multinational managers and executives? Maybe define criteria for eligibility. Or a 1 or 2 yr residency requirement before a petition can be filed. Extraordinary ability, PhDs are pretty straightforward.
Can someone clarify why this 5 year clause is added for people with masters degree in STEM fields. I can't make any sense why you would discount a masters degree obtained 6 years ago, especially when lot of employers choose to apply for immigration petition just before the 6th year starts....and not to mention STEM degrees come with OPT periods of close to 2 years+, so typically some of STEM Masters degree holders would be having an immigration petition filed close to 6 or 7 years after they graduated.

Why should these section of STEM Masters be disadvantaged compared to other STEM Masters?
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  #98 (permalink)  
Old 04-17-2013, 10:55 PM
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Quote:
Originally Posted by spaceguy View Post
Got mail from Maco Rubio who is one of the gang of 8 who proposed this CIR as I sent mail earlier to him as part of IV action item.

I believe others also got emails from their respective senators/congressmen.

I can respond him saying thanks for introducing the bill.

Does IV has any action item or sample letter to address them ?
it is do not reply email id.. i got the same mail ..
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  #99 (permalink)  
Old 04-17-2013, 10:57 PM
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Default

Friends,

Let us discuss and understand what some specific sections of the bill pertinent to EB(EB3 and EB2) are implying.

Here is what I understood so far:
*FY-2014(01-Oct-2013 to 30-Sept-2014) will follow the current system and EB may move a few months.
*A new immigration system with new definitions/pools/categories will be in place from FY-2015.
Under the new system:
*The pending EB applicants will go into "MERIT-BASED TRACK TWO".
*The future EB applicants will go into "MERIT-BASED POINTS TRACK ONE" which is points based as the title says.

The following will happen in FY-2015:
1) Country quota will be eliminated - FY-2015.
2) Dependents are not counted as separate numbers - FY-2015.
3) Visa recapture - FY-2015.

4) Here is the most important part for EB: the benefit from the above three, i.e. country quota elimination, accounting dependents under the same number and visa recapture will not flow to EB(or FB or any old categories) directly.

The benefits of the above the three will only be tapped/opened with the new immigration system and will accrue to larger categories and pool of immigrants that are newly allowed under the new law.
All pending EB, under merit-based track two, will be allotted visas(GCs) in seven batches for seven years starting FY-2015 to FY-2021.
i.e. if you fall into the first batch you will get the GC in FY-2015 and the seventh batch will get the GC in FY-2021.
It is not clear how they are proposing to divide the pending EB into seven batches. One assumption would be priority date.

-------------------------------------------------------
(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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  #100 (permalink)  
Old 04-17-2013, 11:00 PM
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Default STEM Masters but waiting in EB3

Dear members, could you kindly provide your thoughts on this Situation related to STEM Masters exemption: If a candidate's petition is in EB3 category(I-140 approved) but the candidate has a Masters in STEM, would the STEM cap exemption help the candidate. There are people who have a masters in STEM but their application is in EB3. Page 305 of the bill states that:
‘(II) has an offer of employment from a United States employer in a field related to such degree;

So by having an offer of employment in the related field be enough or the job profile should require a Masters specifically and the petition should be filed under EB2?

Greatly appreciate your time.
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  #101 (permalink)  
Old 04-17-2013, 11:03 PM
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Quote:
Originally Posted by jaadugar View Post
Can someone clarify why this 5 year clause is added for people with masters degree in STEM fields. I can't make any sense why you would discount a masters degree obtained 6 years ago, especially when lot of employers choose to apply for immigration petition just before the 6th year starts....and not to mention STEM degrees come with OPT periods of close to 2 years+, so typically some of STEM Masters degree holders would be having an immigration petition filed close to 6 or 7 years after they graduated.

Why should these section of STEM Masters be disadvantaged compared to other STEM Masters?
Jaadugar, pd, msgrewal81 and myself all request Admin2 to make sure this 5yr limit removal amendment is proposed....Thanks to Admin2 for looking into this!!

Jaadugar, pd, msgrewal81 ---> Please immediately contact all Senators and congressman of your state with this genuine, commonsense and very specific request. This will boost IV's amendment appeal...
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  #102 (permalink)  
Old 04-17-2013, 11:27 PM
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Quote:
Originally Posted by balbirbagdu View Post
I agree with 2,3,4 and 6
seriously should your vote be considered as 60th senate vote for these provisions?

& if i may ask, what's wrong with 1 & 5...... do you not like number 1 & 5? is that it?
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  #103 (permalink)  
Old 04-17-2013, 11:44 PM
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karthikforever is on a distinguished road
Default Effect of CIR on Body Shopping Companies

Hi All. I was wondering how CIR might impact typical body shopping companies and their employees. Specifically companies and their employees who are part of the Client>Vendor>Employer>Employee model of functioning. Are provisions expected in CIR that might have a negative or positive effect on such companies and their employees?
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  #104 (permalink)  
Old 04-18-2013, 01:43 AM
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Default citizenship wait times after LPR

I have read through the forum postings from today. not sure if one important thing has evaded everyone's eyes when looking at the proposed bill :

I believe the Bill says that undocumented get citizenship 3 years after they get LPR
after a 10 year wait. Is the wait time for legal immigrants also reduced to 3 years from
5years after getting LPR? Wouldn't that be fair?

also, are there any changes to the family based immigration front? say, for GC visa number availability requirements for sponsoring parents for LPR's to be the same as for citizens? Currently Citizens parents are exempt from visa number requirements but GC holders parents are. Is this difference in treatment valid?
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  #105 (permalink)  
Old 04-18-2013, 02:04 AM
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Default

That's a good question. What is the wait time for legal immigrants before they can apply for citizenship?
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