Radical Idea to End Retrogression

[dvb123]

This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.

1. There is a bill in the house now

HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.

3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then EB1 and EB2 ROW people would not be able to apply for I-140 and I-485 automatically.

4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely as there will be no more retrogression for EB3 people.

5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)

So, we should support HR 264 bill with a few amendments if possible.



PLS UNDERSTAND THE SPILLOVER CONCEPT BEFORE REPLYING.

I am asking to eliminate the Section A because any postive green card bills will die immediately. If you don't believe me read about the DREAM act. If DREAM act cannot pass no green card or h1 bill can pass.
http://en.wikipedia.org/wiki/DREAM_Act
We are going 1 level deeper and making use of negative aspect that anybody in USA for less than 5 years cannot apply for labor. Hence there will be leftover spillover unused visa numbers for us.

If we ELIMINATE the section A 5>USA automatic green card category a lot of EB1 multinational managers and EB2 ROW positions have to wait for 5 years. If you look at the PERM statistics for EB2 i.e. salary greater than 70k or hourly wage greater than 35$ there in B1, B2 visitor status. I have told people before that there is a lot of underlying logic.

Download the 2008 PERM File and apply these conditions

1. salary > 70,000 or salary > 35 and salary less than 75
2. not from India and China

U will understand the vast number of EB2 applicants who are still in B1 and B2 visitor visa and applying for green card.

[TwinkleM]

Hey, can you pls. tell me how to start a new thread... sorry to ask something irrelavant to this topis.

[belmontboy]

Originally Posted by dvb123

This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.

1. There is a bill in the house now

HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
why?? most of us have been here for more than 5 years.

3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then EB1 and EB2 ROW people would not be able to apply for I-140 and I-485 automatically.
To fix EB3, you want to screw EB1 & EB2 huh???

4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely as there will be no more retrogression for EB3 people.
Again this idea is bullshit! If we get instant GCs why would we bother to wait?

5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
Add the word legal and ur so called restrictionists will be happy

So, we should support HR 264 bill with a few amendments if possible.

Answers inline

[suriajay12]

Originally Posted by dvb123

This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.

1. There is a bill in the house now

HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.

3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then EB1 and EB2 ROW people would not be able to apply for I-140 and I-485 automatically.

4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely as there will be no more retrogression for EB3 people.

5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)

So, we should support HR 264 bill with a few amendments if possible.

I think this is a good one. It supports legal immigrants.
I dont agreee with you. 5 years legally is lots of time. And I now know people who are 10-15 years here. You may say the same tthing even in that case. Instead learn to rationalize and make sure if one thinks one is eligible, then see how one can get included.crab behavior, the one at bottom pulls down the one thats climbing up. Finally both end at dinner table.

[bikram_das_in]

I think giving green card to people who have lived and worked in USA for more than 5 years legally is a noble idea. IV should support it. Most people wait more than 5 years from day of applying for labor. At least this law will give an idea is to what is the limit of wait time.

[vrkgali]

2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.

what is the problem for you with >5 years .

I am here in USA since 1999 ,labor filed in 2002 ,and I140 denied in 2008 ,and satrted from scratch in dec 2008 .
don,t you have any mercy to say some thing like "5 years in US should be ELIMINATED"

[wandmaker]

Originally Posted by dvb123

This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.
.......
.......
So, we should support HR 264 bill with a few amendments if possible.

Dont call your thread as Action Item unless it is endorsed by IV, call it a POLL instead. BTW, fill in your profile, most of your info is N/A

[chem2]

i fail to see how this idea would end retro for EB3-I/C. once the 7% quota is reached for india and china, the visa bulletin will show further visas for the fiscal year are unavailable. one benefit would be that EB3-ROW would most likely become current.

[dvb123]

There is something called spillover in the last quarter. Any unused visas in the EB1 and EB2 I&C will go to EB3 I&C . Similarily any unused visas in EB1 and EB2 ROW go to EB3 ROW.

DOS allows visa numbers on a quarterly basis which forces USCIS to be very effective in the last quarter as the overflow of visa numbers from the first three quarters and the final quarter has to be used up before Sep 30th of the fiscal year. Snip from Attorney Murthy's website states In each of the first three quarters of every fiscal year, the DOS can only release up to 27% of the available visa numbers per category, per quarter. By contrast, the DOS confirmed that there is no percentage limit on visa numbers in the fourth quarter of every year.

http://nixstor.blogspot.com/2007/06/...in-became.html

Originally Posted by dvb123

This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.

1. There is a bill in the house now

HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.

3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then EB1 and EB2 ROW people would not be able to apply for I-140 and I-485 automatically.

4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely as there will be no more retrogression for EB3 people.

5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)

So, we should support HR 264 bill with a few amendments if possible.

Please complete your profile.
I will vote for your idea after you complete your profle

[gauravster]

I think that we would be looking at the problem from a very narrow perspective by having such a solution. It makes sense that immigration be simplified. Anyone who has spent more than 5 years in the country should be able to apply for a greencard. It would not be fair both to the people and the economy to force someone who has sepnt so much time in the country to leave it.

Rather than asking for this clause to be eliminated, we should be asking for the clause to be made permanent. Those here illegally, should have to pay all back taxes in case they did not do that. Border security should be improved to reduce illegal immigration.

This might seem radical given the current policy which divides people based on country, visa type, etc. A simple point based system would also be fine, like Canada. Anyone who can demonstrate string ties or who has been paying more than X taxes for Y years should be able to qualify.

[GCAmigo]

The most radical idea would be to simply SELL the Greencard/ Citizenship!

~GCA

[PresidentO]

Originally Posted by dvb123

There is something called spillover in the last quarter. Any unused visas in the EB1 and EB2 I&C will go to EB3 I&C . Similarily any unused visas in EB1 and EB2 ROW go to EB3 ROW.

DOS allows visa numbers on a quarterly basis which forces USCIS to be very effective in the last quarter as the overflow of visa numbers from the first three quarters and the final quarter has to be used up before Sep 30th of the fiscal year. Snip from Attorney Murthy's website states In each of the first three quarters of every fiscal year, the DOS can only release up to 27% of the available visa numbers per category, per quarter. By contrast, the DOS confirmed that there is no percentage limit on visa numbers in the fourth quarter of every year.

http://nixstor.blogspot.com/2007/06/...in-became.html

This is not a radical idea. It has been there for ever. So its not new/radical/direction changing or what ever.

I think what you are trying to say is all the oldies will get GC by virtue of their stay and the newbies will get from the 140K quota. Is that what you are saying?

Please update your profile if you want your posts to be taken seriously.

[dvb123]

I am telling to eliminate the 5 year automatic green card thing. Newbies and oldies will benefit from spillover. Pls read my first post completely. The new thing about this is a bill has been introduced in the house and we can support it.

[sri1309]

Originally Posted by dvb123

There is something called spillover in the last quarter. Any unused visas in the EB1 and EB2 I&C will go to EB3 I&C . Similarily any unused visas in EB1 and EB2 ROW go to EB3 ROW.

DOS allows visa numbers on a quarterly basis which forces USCIS to be very effective in the last quarter as the overflow of visa numbers from the first three quarters and the final quarter has to be used up before Sep 30th of the fiscal year. Snip from Attorney Murthy's website states In each of the first three quarters of every fiscal year, the DOS can only release up to 27% of the available visa numbers per category, per quarter. By contrast, the DOS confirmed that there is no percentage limit on visa numbers in the fourth quarter of every year.

http://nixstor.blogspot.com/2007/06/...in-became.html

"There is something called spillover in the last quarter. Any unused visas in the EB1 and EB2 I&C will go to EB3 I&C . Similarily any unused visas in EB1 and EB2 ROW go to EB3 ROW.
"

Do you have any commonsense talking about DOL and other rules here. There are folks here between 5 and 10 years of waiting, playing by the rules, and when the govt is trying to add a clause to respect those follks, here you come to oppose it. Did you just land from India or somewhere .
Dont worry, we will request USCIS or related to give GCs even before you take your flight to US and that way, you dont neet worry about these issues. Or may be replace H1bs with GCs. Or may be Citizenship.. hows that..