Bills, Rules & Politics

I am not sure how immigrating to US is the best choice, since I have been here from 2007 and still on H1B with no light at the end of the tunnel. I dont want to discuss what if I have stayed back, but with the current scenario I regret coming here.. My one of the biggest regret with earlier admin is when they can go all way to give EAD to undocumented and still could not help the folks like us is so unfair.
It is difficult to walk on thread for 12 years wondering how the economy behaves , will I have the job or can I invest with out any hope. So please don't preach the future generation stating that this is the best country to immigrate ...

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Originally Posted by numgc1234

I am not sure how immigrating to US is the best choice,

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Agree ... it is not the best choice for everybody. But for those who want to immigrate - I do not know another soul who left US and settled in UK/Canada/Austria/Aussie or anywhere else. The only people I know who left US went back to their own homecountries. I know Jim Rogers went to Hong Kong. But then I don't know him personally :)

considering the time period, immigrants might have invested emotionally ...

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Originally Posted by numgc1234

considering the time period, immigrants might have invested emotionally ...

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True. Every which way ....

But here is a perspective by John Lennon who famously said, "Life is what happens to you while you're busy making other plans".

My last post for the day .... Peace and Cheers!

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Originally Posted by qesehmk

Respectfully, I think you and others are confusing your own well being with broader pro or anti immigrant sentiment. I frankly do not remember what EB4 rule you mention - but lets say Bush relaxed EB4 (religious workers) category to allow more priest in ... that is not anti other categories. Yes it may have hurt spillover .... but that does not make it anti other categories.

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You are comparing a hypothetical situation with some thing that really happened. The DACA issuance by Obama caused a deluge of illegal immigrants in the southern border and a lot of them qualified for special immigrant juvenile status which takes the visa numbers from EB4 category. You can read about it here,
https://en.wikipedia.org/wiki/Specia...uvenile_Status

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Originally Posted by iatiam

You are comparing a hypothetical situation with some thing that really happened. The DACA issuance by Obama caused a deluge of illegal immigrants in the southern border and a lot of them qualified for special immigrant juvenile status which takes the visa numbers from EB4 category. You can read about it here,
https://en.wikipedia.org/wiki/Specia...uvenile_Status

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Thanks for the info. What happened under SIJu is called "JUSTICE". Those kids were in more unfortunate situation than somebody like you. Were you smuggled into the United States or did your parents die or got deported to India while you were a juvenile over here?

Nothing wrong in what was done there. It was not done with the goal to reduce overall legal immigration. The current administration's goal is to reduce overall legal immigration.

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Originally Posted by qesehmk

Thanks for the info. What happened under SIJu is called "JUSTICE". Those kids were in more unfortunate situation than somebody like you. Were you smuggled into the United States or did your parents die or got deported to India while you were a juvenile over here?

Nothing wrong in what was done there. It was not done with the goal to reduce overall legal immigration. The current administration's goal is to reduce overall legal immigration.

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This is my last post on this.

SIJ visas came from EB category which is the real injustice. It's easy to do virtue signalling if you have already have GC or citizenship and have absolutely no skin in the game.

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Originally Posted by iatiam

This is my last post on this.

SIJ visas came from EB category which is the real injustice. It's easy to do virtue signalling if you have already have GC or citizenship and have absolutely no skin in the game.

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Those laws were on the books since 1990. So your objection is baseless. So lets forget virtue. What was done was justice under existing legal framework. Having skin in the game doesn't ensure that the person will not care only about his/her skin. I have seen this repeatedly. People forget common good and complain about other immigrants FB vs EB, EB1 vs EB2 vs EB3, or India vs ROW etc.

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Originally Posted by idliman

Glad to hear everyone's comments and frustrations. Sometimes this forum feels like only the "toppers" are posting and the "back benchers" are not encouraged OR afraid because of the higher standards here.

Looking at the approval trend in trackitt, EB3I 2009 applicants barely got any approval (less than 10% of total). So almost the entire 2009 EB3I that was current is still waiting for visas. I also agree with your view that more people in India (typically EB3I) are getting eligible to do CP. One of my friends in India decided not to pursue GC even though his company supported him to do it.

Usually there is some election year magic. I wish for that next year. Otherwise it is going to be the story of no spillover and another 2-3 years to clear 2009. The immigration system is so complex that no one can predict the cascading effects. I for one supported Obama admin's streamlining of GCs process till it systematically reduced the Spillover to India. It took about 2 or 3 years for that to play out. Maybe the "Inadmissability on Public Charge" rule might turnout to be positive. So we have to wait and see how the new Public Charge rule plays out. It is too early to say anything about its impacts now.

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13 states are already suing for this rule! It may go to Supreme Court eventually, in which case the effect of this will be felt much later.

Link: https://www.seattletimes.com/seattle...blic-benefits/

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Originally Posted by NJMavarick

13 states are already suing for this rule! It may go to Supreme Court eventually, in which case the effect of this will be felt much later.

Link: https://www.seattletimes.com/seattle...blic-benefits/

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That's Trump's MO. He knows these will be challenged in states and will find a way to the Supreme Court where a conservative bench will uphold it. Hopefully his DACA cancellation will also be upheld by the court and stem the flow of illegals. If Obama can bring an executive order, I don't understand why his predecessor can't cancel it.

Iatiam

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Originally Posted by qesehmk

Ace - everything you mention about Obama admin is what you would expect a normal admin to do - which is - implement immigration policy as an extension of economic policy. That's what immigration is for America - an economic imperative. They did not do anything out of malice unlike current admin.
As per why citizens voted for Trump - that's getting into politics and not useful for our discussion - so I will refrain from commenting. Not to mean you can't discuss it.


Prabhakar - welcome to forum. I have no emotional investment on my opinions. I am just saying things as I see them. Of course others can see it differently ... not a problem. I do want to say that while democrats and republican politicians take stance to ensure they stay in power - the American people - even today - are quite immigrant friendly. Despite of everything - I think US is the best place to immigrate in the world both from economic and social perspective.

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Q- I just returned from a vacation in Europe where I had lived for a few years. Couldn't agree more with you views above!

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Originally Posted by gcy2k07

Q- I just returned from a vacation in Europe where I had lived for a few years. Couldn't agree more with you views above!

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:) People generally are the same world over. When they come to US they become part of American experience. That experience is what makes America unique in the world.

Economic Times - How the American dream is souring for many Indian IT workers

https://www.facebook.com/Immigration...27876040611937

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Originally Posted by rock581

https://www.facebook.com/Immigration...27876040611937

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Thank you for posting this great news. Hopefully this is the week this saga that started in 2008 ends! However the DOS released the October Visa bulletin overnight which I feel could have waited till they know how these bills play out. They will have to make adjustments later in the year once this bill becomes law.

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Originally Posted by gs1968

Thank you for posting this great news. Hopefully this is the week this saga that started in 2008 ends! However the DOS released the October Visa bulletin overnight which I feel could have waited till they know how these bills play out. They will have to make adjustments later in the year once this bill becomes law.

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What happens next ? If it passes the senate.

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Originally Posted by EB22010Dec

What happens next ? If it passes the senate.

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It has to go back to House because of the two amendments added to Senate version. I would imagine this part would be easy since the "majority of majority" in House is already co-sponsoring the bill. And then it goes to the president's desk and if he signs, it becomes the law. I think if two-third of the Senate votes in support, president cannot veto the bill.

Again, medium to long shot chances of passage but then again, this is the best position the bill has been in last ten years or so. Also, with the John Oliver show, the issue started getting more attention.

Iatiam

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Originally Posted by iatiam

It has to go back to House because of the two amendments added to Senate version. I would imagine this part would be easy since the "majority of majority" in House is already co-sponsoring the bill. And then it goes to the president's desk and if he signs, it becomes the law. I think if two-third of the Senate votes in support, president cannot veto the bill.

Again, medium to long shot chances of passage but then again, this is the best position the bill has been in last ten years or so. Also, with the John Oliver show, the issue started getting more attention.

Iatiam

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I think the odds are better than that. These things have been under negotiation I would assume through most of the summer and the John Oliver show though informative probably did not influence this much. It does reduce the available pool by 5000 from what I presume will be EB-3. DOS probably has a backup visa bulletin calculated in case this becomes law by the end of the month and revoke the existing bulletin with an updated one reflecting the law's guidelines before October 1

https://www.am22tech.com/hr1044-s386...-senate-floor/

this article says, it immediately comes into effect if and when the president signs the bill into law. And dates are estimated to move to Sep 2014 for EB-1,2 and 3. Can anyone corroborate that?

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Originally Posted by gs1968

I think the odds are better than that. These things have been under negotiation I would assume through most of the summer and the John Oliver show though informative probably did not influence this much. It does reduce the available pool by 5000 from what I presume will be EB-3. DOS probably has a backup visa bulletin calculated in case this becomes law by the end of the month and revoke the existing bulletin with an updated one reflecting the law's guidelines before October 1

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Certainly! Hope springs eternal.

Having worked on this bill for several years now, mostly meeting with congressmen and congresswomen, I am very happy to see the bill come this far. Let's keep our fingers crossed.

Iatiam

Aman Kapoor and IV have been quite contrite to steal our thesis about country caps. They were trying to increase number of EADs and those kind of things when this blog said unequivocally that country caps is the real culprit behind Indians' pain.

Good luck with the Bill anyway .... If passed ... this will do wonders for EB-India China and all backlogged countries.

As always I am going to make a prediction that this Bill will not pass because this will open floodgates for Brown people ... which is the last thing Stephen miller wants.

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Originally Posted by mcmilers

https://www.am22tech.com/hr1044-s386...-senate-floor/

this article says, it immediately comes into effect if and when the president signs the bill into law. And dates are estimated to move to Sep 2014 for EB-1,2 and 3. Can anyone corroborate that?

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this information is wrong, even though if the bill passes it won't reach 01/01/2014 right away. For Indians we would get maximum of 20-25k visas per year, by reaching 2014 it takes minimum of 3-4 years as per my assumption.

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Originally Posted by qesehmk

Aman Kapoor and IV have been quite contrite to steal our thesis about country caps. They were trying to increase number of EADs and those kind of things when this blog said unequivocally that country caps is the real culprit behind Indians' pain.

Good luck with the Bill anyway .... If passed ... this will do wonders for EB-India China and all backlogged countries.

As always I am going to make a prediction that this Bill will not pass because this will open floodgates for Brown people ... which is the last thing Stephen miller wants.

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Q,
I hope your prediction is wrong this time. This doesn't happen usually that people want your prediction to be wrong.
I would like to think it will pass (wishful thinking) specially with Grassley and now Rand Paul on board.
Also, let's see what media does today before the vote since the news it out now. Also, how it reacts in next few weeks before Trump signs it. I don't know if trump can still Veto it even if it has 67 votes or more. I am assuming he can, and senate/house will have to vote again with overrule his veto to who goes against Trump.

I am assuming if it passes in the senate, it will have to go to conference and don't know how long that will take. But I was hoping it would happen quickly and Trump would sign it on 21st so he can brag about it at "Howdy Modi".

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Originally Posted by jackbrown_890

Q,
I don't know if trump can still Veto it even if it has 67 votes or more. I am assuming he can, and senate/house will have to vote again with overrule his veto to who goes against Trump.

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Sorry could not keep quiet on this one.
DT will not veto and does not veto legislation. The five veto's that he had done so far in his presidency relate to Saudi Arabia, UAE, Saudi Arabia, Yemen and National Emergency declaration. Press reports say that he signs anything that is presented to him and brags about it.
Senate works more by consensus. If it has come so far, I would think there is a good chance. However, media news cycles have great power and things can change quickly in politics.

Jack - I hope yours and everybody else' wish comes true. My heart too wants this to pass ... my head tells me otherwise.

For what it's worth - lets have a party in each major metro if this gets through :)

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Originally Posted by jackbrown_890

Q,
I hope your prediction is wrong this time. This doesn't happen usually that people want your prediction to be wrong.
I would like to think it will pass (wishful thinking) specially with Grassley and now Rand Paul on board.
Also, let's see what media does today before the vote since the news it out now. Also, how it reacts in next few weeks before Trump signs it. I don't know if trump can still Veto it even if it has 67 votes or more. I am assuming he can, and senate/house will have to vote again with overrule his veto to who goes against Trump.

I am assuming if it passes in the senate, it will have to go to conference and don't know how long that will take. But I was hoping it would happen quickly and Trump would sign it on 21st so he can brag about it at "Howdy Modi".

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Latest amendments to HR1044 to please Senators Grassley and Paul can be read in the following link:
https://www.congress.gov/116/crec/20...-PgS5542-5.pdf
Let's keep moving.

Rollin', rollin', rollin'
Rollin', rollin', rollin'

Keep movin', movin', movin'
Though they're disapprovin'
Keep them dogies* movin'
Rawhide!

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Originally Posted by Turbulent_Dragonfly

Got a call from one my close friends (PD 2009 who already became a citizen last month) who was really excited for me that the immigration bill is going to pass tomorrow? Is this HR1044 in Senate now? I though it got blocked in Senate so did not pay too much attention. Are there any implications to EB2/EB3 predictions because of this?

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The bill is coming up again for Unanimous Consent. We are doing a lot of calling to Senators. An amendment was made to get Rand Paul on board. I just hope no other Senator objects to it. This is the closest we have ever been! If it passes and its a BIG IF...it should move the dates considerably. I have been disappointed in the past so not keeping my hopes high.

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Originally Posted by qesehmk

Jack -
- lets have a party in each major metro if this gets through :)

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i am sure there will be and you are invited to all of them..

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Originally Posted by idliman

Latest amendments to HR1044 to please Senators Grassley and Paul can be read in the following link:
https://www.congress.gov/116/crec/20...-PgS5542-5.pdf
Let's keep moving.

Rollin', rollin', rollin'
Rollin', rollin', rollin'

Keep movin', movin', movin'
Though they're disapprovin'
Keep them dogies* movin'
Rawhide!

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Has any one looked at the Glassley amendment. everyone is focused on Cap removal... Have not read much about the details of the amendment. Hopefully it is a good amendment and will not affect future immigrants negatively.

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Originally Posted by jackbrown_890

Has any one looked at the Glassley amendment. everyone is focused on Cap removal... Have not read much about the details of the amendment. Hopefully it is a good amendment and will not affect future immigrants negatively.

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my h1b expires next year is this still valid with new amendments

"https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/ac21_30may08.pdf"
See 2. AC21 §104(c) Guidance for Aliens Subject to Per Country Visa Limitations: "but for the application of per country limitations applicable" - S386 removes per country limitation, hence this rule is not working, hence H1B will have to be renewed every year.

https://twitter.com/AmyMaldonadoLaw/...63140749561856

Has anyone seen this update? Finally HR1044 may pass... But this may be effective next fiscal year though

https://www.facebook.com/24336363906...27876040611937

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Originally Posted by qesehmk

Aman Kapoor and IV have been quite contrite to steal our thesis about country caps. They were trying to increase number of EADs and those kind of things when this blog said unequivocally that country caps is the real culprit behind Indians' pain.

Good luck with the Bill anyway .... If passed ... this will do wonders for EB-India China and all backlogged countries.

As always I am going to make a prediction that this Bill will not pass because this will open floodgates for Brown people ... which is the last thing Stephen miller wants.

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We love you Q and admire you and appreciate you a lot. But I hope you're 100% wrong and I know in your heart you want to be wrong too

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Originally Posted by jackbrown_890

Has any one looked at the Glassley amendment. everyone is focused on Cap removal... Have not read much about the details of the amendment. Hopefully it is a good amendment and will not affect future immigrants negatively.

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my h1b expires next year is this still valid with new amendments

"https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/ac21_30may08.pdf"
See 2. AC21 §104(c) Guidance for Aliens Subject to Per Country Visa Limitations: "but for the application of per country limitations applicable" - S386 removes per country limitation, hence this rule is not working, hence H1B will have to be renewed every year.

https://twitter.com/AmyMaldonadoLaw/...63140749561856

Q and Spec - Hypothetically assuming this passes and get signed, what will the dates move to? Have you done any ballpark/cursory analysis on this?

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Originally Posted by smuggymba

Q and Spec - Hypothetically assuming this passes and get signed, what will the dates move to? Have you done any ballpark/cursory analysis on this?

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probably 2014

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Originally Posted by smuggymba

We love you Q and admire you and appreciate you a lot. But I hope you're 100% wrong and I know in your heart you want to be wrong too

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I absolutely want me to be wrong. Every backlogged person must support this bill and do anything s/he can do to help this succeed.

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Originally Posted by jackbrown_890

Has any one looked at the Glassley amendment. everyone is focused on Cap removal... Have not read much about the details of the amendment. Hopefully it is a good amendment and will not affect future immigrants negatively.

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Grassley amendment requires H1B employers to post the H1B job for 30 days prior to hiring a H1B worker in a web site DOL is going to design and operate ; following is the text :

"except in the case of an employer filing a petition on behalf of an H–1B non-immigrant who has already been counted against the numerical limitations and is not eligible for a full 6-year period, as described in section 214(g)(7), or on behalf of an H–1B non immigrant authorized to accept employment under section 214(n), has posted on the internet website described in paragraph (6), for at least 30 calendar days, a description of each position for which a non immigrant is sought, that includes— ‘‘(I) the occupational classification, and if different the employer’s job title for the position, in which the non immigrant(s) will be employed; ‘‘(II) the education, training, or experience qualifications for the position; ‘‘(III) the salary or wage range and employee benefits offered; ‘‘(IV) the location(s) at which the non-immigrant(s) will be employed; and ‘‘(V) the process for applying for a position;"

It's too early to talk about this but, I believe this will make H1B filing and extensions difficult because of the 30 day posting requirement before a LCA is certified.

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Originally Posted by Gunther25

Has anyone seen this update? Finally HR1044 may pass... But this may be effective next fiscal year though

https://www.facebook.com/24336363906...27876040611937

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Its not over till its over..lets wait and watch! We will know tomorrow. We have failed in the past so once bitten twice shy

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Originally Posted by qesehmk

I absolutely want me to be wrong. Every backlogged person must support this bill and do anything s/he can do to help this succeed.

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I want you to be wrong too but know that you are spot on in the context of immigration politics.

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Originally Posted by NJMavarick

Its not over till its over..lets wait and watch! We will know tomorrow. We have failed in the past so once bitten twice shy

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There's not a lot of doubt left. Sen.Lee is not going to be embarrassed again on the Senate floor twice and will not be bringing it up unless he is absolutely sure. Agreed there are a lot of Senators with reservation about the bill but they have not offered any reasonable alternative anyway. Once it clears the Senate it should be passed in the house by voice vote hopefully later tomorrow. I expect an early approval in the day in the Senate.