username, if you do the math,(just as an exampe) if 50% people today have wait time of 10 years, and 50% have 0, then if you institute strict FIFO, the average waittime will be 5 years.
No doubt an Australian EB3 applicant will have a longer wait than he does now. No one is disputing that.
But he does not have a 1 year wait under the status quo, he has a 4 - 5 year wait, and he won't have a 10 year wait, per my calculations he'll have a 7 year wait. You can use different assumptions and come up with a different figure, but it will be very hard for you to justify your 10 year figure. In 10 years, 40,000 x 10 = 400,000 visa numbers will have been given out. Since the queue per the June inventory is only 122K, and since it covers folks until July 2007 PDs, that means in the ~52 months since July 2007, 378K EB3 applications have been received, which =~ 7,250 EB3 applicants per month. If you look at the inventory, you'll see that at no point has it been consistently above 3,000 applicants, and we've been in a recessionary environment for most of the intervening period so I see that as being highly highly improbable.
In any case, the point of my previous post was that for EB3I there is a significant improvement, not just for the folks in the queue, but for folks who haven't yet applied for their PERM. And for the folks not yet in the queue, it benefits not just EB3I, also EB3C, EB3P, EB3M, and potentially in the future EB3 South Korea, Pakistan and Taiwan too, all of which countries may in the next several years also retrogress.
Q & Pedro Gonzales,
If we have left out EB3 visa number than where it will go? I mean to ask is if ICMP use there 2080 visa number and EB3 Italy only use 80 out 2080, than where 2000 visa number will go? Does it fall to EB3 row?
That is exactly what ROW is. All folks from countries that don't use 2800 visa numbers. But totally, they require more than their supply of 38,800 (40,000 - 2,800 x 4 (I,C,M,P)), which is why ROW is also retrogressed. A few countries in that group use close to their 2,800 limit (SK, Taiwan and Pakistan are the 3 I read about), so if their numbers increase they'll exceed the limit too and also retrogress.
Pedro Gonzales & Q, for your explanation. Now it got more clear to me.
[QUOTE=sportsfan33;12379]http://www.immigration-law.com/
11/01/2011: The Rank of H.R. 3012 Bill Soared to Number One of the Weekly Top Five Pending Legislative Bills in the Legislative Bill Report Site
Do you have any tentative schedule about voting ?
Can we assume that it would go for vote before end of this year (2011)?
[QUOTE=codesmith;12460]there is no tentative schedule yet. First it needs to be reported by judiciary committee. and its an administrative process and no one knows how long it will take,, i think it will be one of the clerks working for d committee who will report it. it has not been reported yet as of today. if i find out about the report and the calendar number assigned to this bill, i will post it here.
if you look at the following link- http://www.govtrack.us/congress/bill.xpd?bill=h112-3012 it says it has already been reported on Oct 27th, is this different and is there another reporting to be done?
Yes, the bill was marked up by the Judiciary committee. Now a report is prepared stating pros and cons and other legal stuff, impact etc. Then it will go to the Rules committee. They will vote on how the debate should proceed on the house floor. Then depending on the house leadership the bill may be brought to floor for debate. They may suspend it, complete it, vote on it etc.
If a vote happens and it passes then the whole rigmarole repeats on the Senate floor where the odds are even more tough as 60/100 votes are needed for avoiding filibuster and to bring the bill to debate.
Hoping for the best to happen.. This is really a Herculian task, which unknown variables are more and only the time is until Dec 31st 2011, and the House and Senate goes on a recess two times on these months for Thanks giving and Christmas, looking at this the hindarence are more. + the unknown "UNKNOWNS".
Still all the best for all of us to have our GC 's ASAP!
I think they are using wrong language. It was ordered to be reported to by the Judiciary, but it has not been reported yet. There is no fix amount of time for a bill to be reported by the committee. some bills have been reported a week after it was ordered to be reported and some have taken more thn 3 months to be reported...
This bill is really small and specific, so hopefully it will take only few weeks to be reported.
http://www.trackitt.com/usa-discussi...page/last_page
What does it mean > no categories ?
Since lot of people have been asking how long will it take to be on house floor for vote.
I checked the last few bills reported by judiciary committee and amount of time taken for reporting them. It seems like they (judiciary committee) have taken from 5 weeks to 9 weeks to report the bill after it was ordered to be reported. I checked other bills too from other committees and some of them have taken from 1 week to 10 weeks. So it seems like there is no way guess accurately how long it will take for a bill to be reported after it has been ordered to be reported.
I am hoping it will be soon.
should both house and senate pass this bill before the end of this year? and if not is it back to square 1?
no. They don't need to finish it this year. the legislative session is a 2 year session, so they have until Dec 2012. However, most people seem to think that 2012 being an election year, nothing will get done then, so it's now or never.
Just found this forum and glad to see you guys active here.
Keep up the good work.
Two more co-sponsors for HR.3012
COSPONSORS
Rep Goodlatte, Bob [VA-6] - 11/4/2011
Rep Griffin, Tim [AR-2] - 10/11/2011
Rep Gutierrez, Luis V. [IL-4] - 11/4/2011
Rep Holt, Rush D. [NJ-12] - 10/31/2011
Rep Lofgren, Zoe [CA-16] - 10/25/2011
Rep Smith, Lamar [TX-21] - 9/22/2011
Thanks for posting it here. This is great news. another Democrat and republican added to the co-sponsors list. Now we have Republican bill with 3 republican and 3 democrats cosponsors. This makes it truly bipartisan bill, making it easier and easier to pass in d house.
bad news is it has not been reported yet.
Great news Indeed. Rep Luis Gutierrez support means the bill has support from CHC.
http://www.gutierrez.house.gov/index...=666&Itemid=71
Awesome news brother!!! As sportsfan33 has said, if this one fails, it will be a hard pill to swallow.
Finally, I truly hope that people coming on this page recognize the significance of this bill and the impact it will have on Indians and Chinese for "DECADES" to come. And once they do, I hope they realize that every now and then in life, there come moments where you need to stop hoping/wishing/complaining, and need to really pick up the phone and make a 20 second call... about 50 times.
Today House was adjourned till Nov. 10. So more delay for H.R. 3012.
KD2008
House is in recess this week see here ........http://www.thecapitol.net/FAQ/cong_schedule.html
You can check the schedule of the house floor here ...........http://majorityleader.gov/floor/weekly.html
Hope this bill will pass ASAP, to escape from the modern day torture for lot of families.
Found this article. Speaks usual stuff about the effect on diversity due to HR 3012 Bill.
http://www.ilw.com/articles/2011,1110-endelman.shtm
Congrats to everyone who got current with this visa bulletin. I understand that this is not an advocacy forum but I would really appreciate if people visiting here can take some time out and support HR 3012 which can help people like me who have PDs in 2011. Also, let your friends know to support this. Since year 2000, not a single immigration bill has made it through House Judicial Committee so people like us have really have high hopes on it.
The author of that article has no clue what he is talking about.
His conclusion is that ROW will be backlogged instead of India and China. I think he does not understand first come first serve.
If there is a backlog.. everybody will be backlogged... not just ROW.
Example, in the current year, there are 160K applications, 140K are approved based on PD (does not matter which country they belong to). Rest 20K will be backlogged (again it does not matter which country they belong to).
I went to that lawyer's website and in CONTACT US left the below letter:
*************
Hello Gary Endelman,
This is in response to your article in ILW.
http://www.ilw.com/articles/2011,1110-endelman.shtm
In my opinion your understanding of HR 3012 is incorrect.
Your conclusion that the backlogs for India and China will be replaced by people of Rest of the world is INACCURATE.
This is a firstcome first serve. So obviously does not favor just India and China. If 140K ROW people apply before India and China in a Fiscal year, then all GCs will be given to ROW and zero to India and China (After the Transition period in 2015 ofcourse).
If there is backlog, all countries will be backlogged.
Example:
If in a Fiscal year, there are 160K applications, 140K (max GCs available) are approved based on PD (does not matter which country they belong to). Rest 20K will be backlogged (again it does not matter which country they belong to).
I am disappointed that an Immigration Attorney could have error in judgement and write such an article.
If you think I am missing something, kindly educate me.
Best Regards,
*****************
Like Ron, this lawyer is sympathetic to ROW countries because he is from one of those countries. If he was objective, he wouldn't be looking at the country of birth in employment based immigration. Employment/employment based immigration does not care where an employee comes from, only the skills. This lawyer is flawed.
I totally agree with you skpanda. This whole idea of "Diversity being adversely affected if HR 3012 Bill becomes a Law" is complete BS. The only reason for this hype and hoopla in opposing this bill is because, EB2ROW folks will be waiting 2-3 years to get their GC in EB2 category instead of 6 months. Hence, the link between removing per country caps and diversity being adversely affected, is completely frivolous.
Just to highlight this diversity point and show how ridiculous it is, I will quote my own example. My GC is filed under EB2I category. I am a physician working in a hospital. I have degree of MD in Internal Medicine and also MPH (Masters in Public Health). My physician colleagues include physicians from India, China, Pakistan, Nepal, Syria, Lebanon, Jordan, South Korea, Malaysia, Thailand, Vietnam, Ethiopia, Philippines, Japan, Britain, Canada, Chile, Brazil, Peru, Poland, Argentina, Bangladesh, Srilanka, Egypt, Russia, Algeria, Nigeria, Israel and Tanzania. Out of all these physicians, I have the highest academics and I know this because I was told this by my boss. Most of the physicians except those from India and China, who applied with me have already received their green cards in less than 6 months and remaining are about to get them in next 1-2 months except physicians from India and China who will be waiting at least 4-5 years.
Even with HR 3012 Bill becoming a law, all the other nationalities mentioned above who applied with me, will get their Green Cards also around the same time. Then how does it kill the diversity? Fair opportunity is when you compete against other applicants in skills, not country of birth.ROWers claim is that only India and China will get the visas -- that is a stretch because with everybody in the queue, ROWers will not lose their position in the line, they will get it when their PD is current. (along with any IC who applied on the same day).
This bill does not benefit only 2 countries. The intent of the bill is to restore fairness and make sure everyone is treated equally in the EB queue. Initially it benefits two countries because they are backlogged the most. But once these two countries reach non-backlogged countries, which should take 1.5 to 2 years, then everyone will move based on PD.
If you apply for GC, you should wait the same as the next person who applied for GC as long as both of you are in the same category. This is fairness and everyone being treated equally. If you apply in the same category as another person in EB queue, but get approved or expect to get approved years before the next person, because you were born in a different country, then that is not fair.
That is what this bill restores. Bring fairness to an existing unfair system. Hopefully, the House and Senate Members will understand and bring some sanity to this system.
Correction JR, this isn't an advocacy thread, but the forum itself is quite supportive of advocacy efforts. Check out our advocacy thread here: http://www.qesehmk.org/forums/showth....3012-H.R.3119
Also on the second point, I think HR3012 is in the interests of most people here. From the PD database list that we've been creating, over 70% of the members, including me, haven't become current yet (PDs post March 15 2008). In my opinion, even though the the dates will move forward for another couple of VBs, there is a reasonable chance that they retrogress to about here before everyone else receives their GCs. So I think that it is in the interests of most people here to support HR3012 in any case.
And in my case, what's driving my efforts on HR3012 is less the personal benefit i will receive and more the memory of the stark unfairness of my wait compared to those of my colleagues from other countries (I was the only Indian in my joining class). This delay has cost me $s, career opportunities and time with my wife (we've spent the last 2 years living apart because of jobs in different cities). I'll celebrate my GC when I get it, but the memory of the unfairness isn't going to fade soon.
Gurus, if you guys don't mind, I'll move the last few advocacy related posts including this one to the other thread later today. I wanted to let Jonty's appeal to receive some more eyeballs for now.
IMO there is no point hurrying. It is better to schedule it once the bill has a strong support.
If bill doesn't have enough support, more amendments could be added to it, ultimately killing the bill.
On the flip side, the opposition to the bill isn't organized yet. The longer you give them the better they'll organize and the more cogent the opposition.
Loha garam hai.........
EDIT: [Translation for Kanmani & QBF] - Dialogue from that old cult classic Sholay that translates to "The anvil is hot, strike the hammer"
I agree, this bill is so simple and doesn't affect any citizens. So the sooner it gets on the floor the better would be the chances of a favorable outcome.
As things get closer to the election date, anything that has the word immigration will be subject to higher scrutiny.
rom http://immigration-law.com/
Please discuss and get ready to call Senators in due course of time.Quote:
11/11/2011: Senate Version of the House H.R. 3012 Per Country Numberical Limitation Elimination Bill Introduced in the Senate Yesterday, 11/10/2011
One of the hottest House bills, H.R. 3012, was introduced by a Congressman from Utah on the House side. Now, a Republican Senator from the same state of Utah, Mike Lee, introduced S.1857 to eliminate the per-country numerical limitation for employment-based immigrants and to increase the per-country numerical limitation for family-sponsored immigrants. This bill may be a companion bill of the H.R. 3012 on the Senate side, which apparently was introduced yesterday in anticipation of House passing H.R. 3012 and reaching of the bill in the Senate soon. The full text has yet to be made available. Please stay tuned to this website for the full text of the Senate version.
Companion bills encourage simulataneous consideration of an item of legislation to speed up the process. This is a good thing! Just need equal support from democrats for the senate version as well and we have great chances of this becoming law!
This is awesome. There is movement. They are expecting the house bill to pass soon, hence the senate bill. Seems like the decision makes on capitol hill are assigning HR-3012 a fair chance of success.
Is this going to be put for vote by senate or is it going to a Committee and the entire process starts again? if you look here it seems like it is going to be considred by committee- http://www.govtrack.us/congress/bill.xpd?bill=s112-1857
gerterdone,
I think it will have to go through the entire process in the senate as it did in the house. I guess this is done may be to avoid any delays by proceeding independently and combine/negotiate the bill after its passed both in House & senate.
As per US senate glossary
"companion bill or measure - Similar or identical legislation which is introduced in the Senate and House. House and Senate lawmakers who share similar views on legislation may introduce a companion bill in their respective chambers to promote simultaneous consideration of the measure."
Here is the legislative process for senate & house, I was just referring to it and thought would be helpful to understand the process
http://www.senate.gov/legislative/co...ve_process.htm
http://www.house.gov/content/learn/legislative_process/
Kanmani,
Just to add to your links, I think floor current day schedule can be checked here
http://clerk.house.gov/floorsummary/...x?day=20111104