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  #6256 (permalink)  
Old 06-25-2012, 03:54 PM
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Default

Friends With regards all questions for EB3 Let me clarify.

- Only for the first year will EB3-I get 25K visas because the reason for that is even after getting that kind of allocation the EB3-I date will not come close to China's 22nd Sep 05.

- Once EB3-I catches up with China and ROW things will slow down considerably. As of now EB3-ROW just moves 2 weeks per VB. This is because once EB3-I catches with others the dates catch up.

- I believe in a year's time the PD will reach Mid 2004 and in another year reaching Sep - Oct 2005 with reduced allocation because now contention with other countries starts is possible.

- In about 3 years all countries in EB3 will possibly have the same PD. After this it will be 2 weeks per VB kind of movement.

So yes for people with PD for mid - late 2005 GC will come by very quickly for the rest beyond everyone in EB3 will be equal.

For folks with EB3 PD beyond Jul 2007 the best thing is to use your EB3 PD as a place holder and try for porting. An Eb3 PD of 2010 as Sagar asked is more than 10 years away even with HR 3012, without HR 3012 it maybe 20 plus years away. Remember to port your EB3 PD your I140 should be approved.

There a lot of factors that affect the EB3 inventory people post 2005 are the ones who are porting more. Let’s wait and see how things go by to have an accurate perspective we should focus just 1 year at a time as every year has its own unique factors. Something exciting like Eb3 intake happening is also possible if Eb3 ROW reaches closer to Jul 2007 in about 3 years but as of now that is far.
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  #6257 (permalink)  
Old 06-25-2012, 03:59 PM
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Quote:
Originally Posted by rbusgc View Post
Hi Teddy,

Quick Question... if HR 3012 is passed shouldn't the number of visa's available for EB2 in a year be MINIMUM of 140,000 * 0.286 = 40,040 (using the logic of 28.6 percentage of 140,000)... and a MAXIMUM of 40,040 + Any spill over.. considering the fact that India and China's retrogression is earlier than ROW, most of these visas should be allocated to I&C .. hence a better movement than what you predicted above. Considering the 15% reserve for ROW will only reduce the EB2 Minimum by 6000 ...which means EB2 I&C will still have 34,000 visas .. so in any case the movement of EB2 should be better than what you mentioned above.

Not sure if I am making any wrong assumption..please correct me if I am wrong.

Thanks,

RB
RB you make a valid point. Yes with 15% for ROW it should be 34K. However ROW also seems to have a backlog which is in the 6-8K range and part of it may still be older PD's. Assuming EB1 does not give any SOFAD and EB5 gives 5K, 40K is an absolute possibility and with this the dates can move to mid 2009. There are several issues with the Eb2 inventory itself let’s see what the next inventory has to say.
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  #6258 (permalink)  
Old 06-25-2012, 04:12 PM
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Default Maybe i am missing something

Quote:
Originally Posted by TeddyKoochu View Post
Friends With regards all questions for EB3 Let me clarify.

- Only for the first year will EB3-I get 25K visas because the reason for that is even after getting that kind of allocation the EB3-I date will not come close to China's 22nd Sep 05.
I thought 85% will be in the un-reserved Quota with FIFO method. Since India has oldest PDs, 85% would go to India in the first year. Meaning 33k visa should be allocated in first year to EB3-I.

Am i missing something?
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  #6259 (permalink)  
Old 06-25-2012, 04:17 PM
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Quote:
Originally Posted by snsharda View Post
I thought 85% will be in the un-reserved Quota with FIFO method. Since India has oldest PDs, 85% would go to India in the first year. Meaning 33k visa should be allocated in first year to EB3-I.

Am i missing something?
China, Mexico and Philippines will also get visas over and above the 15% reserved for ROW. Mexico and Philippines have over the years crossed the 2.8K limit pretty significantly because their Eb1 and Eb2 usage is lower.
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  #6260 (permalink)  
Old 06-25-2012, 04:29 PM
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Default H R 3012 Please correct if i am wrong.

Please correct if i am wrong. This is my understanding of the H R 3012 BILL:

1) If H R 3012 PASSES the Start date for that bill is OCT 2011. They have to give visas from last year. 25 K visas last year. from 2011.

2) After passing the H R 3012 the bill is kept under the USCIS Federal Register for 1 month before it becomes active. (visas are being issued)

3) New additions on the bill made by Senator Grassley. The bill has to go back to the house and then to the Senate.

Are the above rules correct ?????? Let me know
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  #6261 (permalink)  
Old 06-25-2012, 04:38 PM
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Quote:
Originally Posted by Chandini View Post
Please correct if i am wrong. This is my understanding of the H R 3012 BILL:

1) If H R 3012 PASSES the Start date for that bill is OCT 2011. They have to give visas from last year. 25 K visas last year. from 2011.

2) After passing the H R 3012 the bill is kept under the USCIS Federal Register for 1 month before it becomes active. (visas are being issued)

3) New additions on the bill made by Senator Grassley. The bill has to go back to the house and then to the Senate.

Are the above rules correct ?????? Let me know
Here is the link to the amendment PDF...
http://immigrationlegalnews.files.wo...-june-2012.pdf

Here is what I understood from that doc
FB - no change
EB - change 7% to 15%
Eliminate DV lottery
Tighten H1 and L1 program

Am I missing something here...I am guessing it is a old one from Dec 2011...
__________________

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Attended September 18th 2007 DC Rally
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  #6262 (permalink)  
Old 06-25-2012, 04:41 PM
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Default

Quote:
Originally Posted by neel_gump View Post
Here is the link to the amendment PDF...
http://immigrationlegalnews.files.wo...-june-2012.pdf

Here is what I understood from that doc
FB - no change
EB - change 7% to 15%
Eliminate DV lottery
Tighten H1 and L1 program

Am I missing something here...I am guessing it is a old one from Dec 2011...
Here is the new amendment text...

Purpose: To amend section 212(n) and 214(c) of the Immigration and Nationality Act to modify
the procedures relating to the investigation of employers' compliance with applicable
immigration laws.

H. R. 3012

To amend the Immigration and Nationality Act to eliminate the
per-country numerical limitation for employment-based
immigrants, to increase the per-country numerical limitation for
family-sponsored immigrants, and for other purposes.


Referred to the Committee on _____________ and ordered to be
printed

Ordered to lie on the table and to be printed

AMENDMENT INTENDED TO BE PROPOSED BY MR. GRASSLEY

Viz:

On page 6, after line 16, add the following:

SEC. 3. LABOR CONDITION APPLICATION.

(a) Application Review Requirements.—Section 212(n)(1) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(1)) is amended, in the undesignated matter at the end—

(1) by inserting “and through the Department of Labor’s website, without charge.” after
“D.C.”;

(2) by striking “only for completeness” and inserting “for completeness, clear indicators
of fraud or misrepresentation of material fact,”;

(3) by striking “or obviously inaccurate” and inserting “, presents clear indicators of fraud
or misrepresentation of material fact, or is obviously inaccurate”; and

(4) by adding at the end the following: “If the Secretary’s review of an application
identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may
conduct an investigation and hearing in accordance with paragraph (2).”.

(b) Initiation of Investigations.—Section 212(n)(2)(G) of the Immigration and Nationality Act
(8 U.S.C. 1182(n)(2)(G)) is amended—

(1) in clause (i), by striking “In the case of an investigation” and all that follows;

(2) in clause (ii), by striking “and whose identity” and all that follows through “failure or
failures.” and inserting “the Secretary of Labor may conduct an investigation into the
employer’s compliance with the requirements of this subsection.”;

(3) in clause (iii), by striking the last sentence;

(4) by striking clauses (iv) and (v);

(5) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi),
respectively;

(6) in clause (iv), as redesignated, by striking “meet a condition described in clause (ii)”
and inserting “comply with the requirements under this subsection”;

(7) by amending clause (v), as redesignated, to read as follows:

“(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct
an investigation. The notice shall be provided in such a manner, and shall contain sufficient
detail, to permit the employer to respond to the allegations before an investigation is
commenced. The Secretary is not required to comply with this clause if the Secretary
determines that such compliance would interfere with an effort by the Secretary to
investigate or secure compliance by the employer with the requirements of this subsection.
A determination by the Secretary under this clause shall not be subject to judicial review.”;

(8) in clause (vi), as redesignated, by striking “An investigation” and all that follows
through “the determination.” and inserting “If the Secretary of Labor, after an investigation
under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under this subsection, the Secretary
shall provide interested parties with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United States Code, not later than 60 days
after the date of such determination.”; and

(9) by adding at the end the following:

“(vii) If the Secretary of Labor, after a hearing, finds that the employer has violated a
requirement under this subsection, the Secretary shall impose a penalty pursuant to
subparagraph (C).”.

(c) General Modification of Procedures for Investigation and Disposition.—Section
212(n)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(A)) is amended—

(1) by striking “(A) Subject” and inserting the following:

“(A)(i) Subject”;

(2) by striking the last sentence; and

(3) by adding at the end the following:

“(ii)(I) Upon the receipt of a complaint under clause (i), the Secretary may initiate an
investigation to determine if such a failure or misrepresentation has occurred.

“(II) The Secretary may conduct—

“(aa) surveys of the degree to which employers comply with the requirements of this
subsection; and

“(III) The Secretary—

“(aa) subject to the limitation in subsection (IV), may conduct annual compliance
audits of any employer that employs H–1B nonimmigrants during the applicable
calendar year;

“(bb) subject to the limitation in subsection (IV), shall conduct annual compliance
audits of each employer with more than 100 full-time equivalent employees who are
employed in the United States if more than 15 percent of the number of such full-time
employees are H–1B nonimmigrants; and

“(cc) make available to the public an executive summary or report describing the
general findings of the audits carried out pursuant to this subclause.”.

(IV) In the event an employer is subject to any annual compliance audit in which
there was no finding of a willful failure to meet a condition under 8 U.S.C.
1182(n)(2)(C)(ii), no further annual compliance audit shall be conducted with respect
to that employer for a period of at least 4 years, absent evidence of misrepresentation
or fraud.
__________________

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Attended September 18th 2007 DC Rally
Made $300 contribution until now
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  #6263 (permalink)  
Old 06-25-2012, 04:49 PM
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Default

Quote:
Originally Posted by Chandini View Post
Please correct if i am wrong. This is my understanding of the H R 3012 BILL:

1) If H R 3012 PASSES the Start date for that bill is OCT 2011. They have to give visas from last year. 25 K visas last year. from 2011.

2) After passing the H R 3012 the bill is kept under the USCIS Federal Register for 1 month before it becomes active. (visas are being issued)

3) New additions on the bill made by Senator Grassley. The bill has to go back to the house and then to the Senate.

Are the above rules correct ?????? Let me know
With regards point # 1 you are correct about the dates. However visas once assigned cannot be recovered back. So let’s see how they handle it or change the years to the upcoming year when the implementation may start.
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  #6264 (permalink)  
Old 06-25-2012, 04:54 PM
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What is the Phase-in period of 3 yrs that Nancy Pelosi got into HR 3012 ?
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  #6265 (permalink)  
Old 06-25-2012, 05:45 PM
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Default got it.

Quote:
Originally Posted by TeddyKoochu View Post
China, Mexico and Philippines will also get visas over and above the 15% reserved for ROW. Mexico and Philippines have over the years crossed the 2.8K limit pretty significantly because their Eb1 and Eb2 usage is lower.
Got it. Thanks.
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  #6266 (permalink)  
Old 06-25-2012, 06:29 PM
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Quote:
Originally Posted by TeddyKoochu View Post
If HR 3012 were to become effective by Oct 2012, Eb3-I would get 25K visas in year one
Where did you get this number 25K? Or how did you arrive this number?
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  #6267 (permalink)  
Old 06-25-2012, 08:06 PM
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Default

Quote:
Originally Posted by snsharda View Post
I thought 85% will be in the un-reserved Quota with FIFO method. Since India has oldest PDs, 85% would go to India in the first year. Meaning 33k visa should be allocated in first year to EB3-I.

Am i missing something?
25k is not the correct number. Neither is 33k.

15% of visas are reserved for Countries other than China and India, so in Year One, ROW, Mexico and Philippines would only have 6,006 visas between them. Within those Reserved numbers, no single Country can use more than 25% (1,502).

Of the 85% Unreserved visas (34,034), no single Country can use more than 85% (28,929).

This means EB3-I would be able to use a maximum of 28,929 visas in Year One and EB3-C could use 5,105 visas.

EB3-C would not use 5,105 visas before reaching the Cut Off Date for EB3-Philippines, so both Countries start using the remainder based on FIFO.

If the Cut off Dates reached those of EB3-M and EB3-ROW, then all Countries would start using any remaining Unreserved Visas as FIFO.

Under no circumstances would EB3-I be able to exceed 85% of the Unreserved Visas.

In years two and three, EB3-I limit would be 85% of the 90% Unreserved visas. 90% equals 36,034 and 85% is 30,631.

EB3-C would be entitled to 5,405 visas. Reserved visas for M, P and ROW would be 4,004 visas.

Since EB3-C would have the same Cut Off Date as M, P and ROW, then C, M, P and ROW would effectively share 9,409 between them. That would be FIFO except that M, P and ROW would have to use at least 4,004 visas, which they would.
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  #6268 (permalink)  
Old 06-25-2012, 09:34 PM
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I have read the proposed amendments to HR3012 at the link provided by @neel_gump. The amendment say an increase from 7% to 15% per country limit but never says anything about elimination of per country quota.
Is my understanding incorrect?
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  #6269 (permalink)  
Old 06-25-2012, 11:56 PM
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Thanks,Immigrant0809! Does the same circumstances apply to Eb2-C? When do you think I will get my green card according to my priority date if HR 3012 passed? Thanks!
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  #6270 (permalink)  
Old 06-26-2012, 08:23 AM
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Default

Quote:
Originally Posted by Rb_newsletter View Post
Where did you get this number 25K? Or how did you arrive this number?
Quote:
Originally Posted by immigrant0809 View Post
25k is not the correct number. Neither is 33k.

15% of visas are reserved for Countries other than China and India, so in Year One, ROW, Mexico and Philippines would only have 6,006 visas between them. Within those Reserved numbers, no single Country can use more than 25% (1,502).

Of the 85% Unreserved visas (34,034), no single Country can use more than 85% (28,929).

This means EB3-I would be able to use a maximum of 28,929 visas in Year One and EB3-C could use 5,105 visas.

EB3-C would not use 5,105 visas before reaching the Cut Off Date for EB3-Philippines, so both Countries start using the remainder based on FIFO.

If the Cut off Dates reached those of EB3-M and EB3-ROW, then all Countries would start using any remaining Unreserved Visas as FIFO.

Under no circumstances would EB3-I be able to exceed 85% of the Unreserved Visas.

In years two and three, EB3-I limit would be 85% of the 90% Unreserved visas. 90% equals 36,034 and 85% is 30,631.

EB3-C would be entitled to 5,405 visas. Reserved visas for M, P and ROW would be 4,004 visas.

Since EB3-C would have the same Cut Off Date as M, P and ROW, then C, M, P and ROW would effectively share 9,409 between them. That would be FIFO except that M, P and ROW would have to use at least 4,004 visas, which they would.
As of now Mexico & Philippines are not part of ROW because their usage EB + FB exceeds 7%. As of now Mexico & Philippines use 7-8 K visas amongst themselves for EB3 because their EB1 and EB2 usage is lower.

The 15% allocation is for ROW and those ~ 6000 visas will determine a cutoff point for Mexico & Philippines as well. So if ROW for example moves 3 months then M & P cannot cross that so possibly Mexico & Philippines may use 5-6K and China which is behind may use 3 -4 K. This makes the usage by non Indian countries to be 6K (ROW) + 5-6K (M&P) + 3-4K (China) ~ 15K. Therefore I feel India may get 25K.
The important point is that China, Mexico & Philippines are not going to be part of the 15%, however each of them will not get 15% either because that cutoff will be set it by ROW. If it is published somewhere that after 15% allocation numbers within a category will go to the most retrogressed country then India could well get 34K as well. If someone can point to the exact published provision that will help to understand correctly.
Let’s discuss further please feel free to break this model apart.
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