Bills, Rules & Politics

[idliman]

Does the above mean we can file 485 if the I-140 has been approved and the dates did not become current. So the AoS and AP are available with EADs to all after 270 days?

I guess we need the actual text to confirm. However, this is an Yes, according to Neil Munro article in Brietbart,

But the bill also creates a new legal status where imported workers could get a renewable work permit once their employers help to file an I-140 request for green cards. This change would effectively give Indians and other visa workers all of the workplace benefits of U.S. citizenship while they wait years for their green cards.

[kash80]

Found an interesting read countering S386 by an user lobbying in a forum.

The argument is people without current skills will lose (with a spin). Isn't it the whole point of free market economy. Definitely there are some scared people with GCs or Citizenship afraid of the consequences of S386. However, for a non-immigrant waiting for a Green Card and worried of his kids aging out, anything to improve the situation is good. For them it is basic necessity. However, some people (like the user quoted above) with GCs/Citizenship are afraid that their dessert pudding is being taken away.

idliman...this is not against what you commented on, but on the original poster of that comment.
Poking holes in the first few lines...why is employer deliberately looking to replace a H1 with another H1, indentured servitude? If there is truly more jobs available than people to fill it, then let the market decide the value of the people, not this artificial way of ensuring slavery and keeping salaries high.

[EB22010Dec]

Did you guys hear any rumours around floor vote for 386?

[abcx13]

Did you guys hear any rumours around floor vote for 386?

No. Did you?

[idliman]

WASHINGTON, Jan 27 (Reuters) - The U.S. Supreme Court gave the go-ahead on Monday for one of President Donald Trump’s hardline immigration policies, allowing his administration to implement a rule denying legal permanent residency to certain immigrants deemed likely to require government assistance in the future.

The justices, on a 5-4 vote, granted the administration’s request to lift a lower court’s injunction that had blocked the so-called public charge policy, which has been criticized by immigrant rights advocates as a “wealth test” that would disproportionately keep out non-white immigrants.

Anybody wants to guess how DACA ruling is going to fall? It is sad. However, I think that the DT admin has a good chance of winning their arguments in DACA case.

[FarAwayfromGC]

Anybody wants to guess how DACA ruling is going to fall? It is sad. However, I think that the DT admin has a good chance of winning their arguments in DACA case.

This will in no way impact legal, legitimate , tax paying immigrants - so don't be sad. Don't we all pay taxes ? This rule is for people who "Game the System" and live on tax payer's money, please read it and understand before feeling "SAD". Conserving tax payer's money is not bad. As you said , DT may win DACA case as well - unfortunate. But, public charge rule is good in my personal opinion.

[qesehmk]

This will in no way impact legal, legitimate , tax paying immigrants - so don't be sad. Don't we all pay taxes ? This rule is for people who "Game the System" and live on tax payer's money, please read it and understand before feeling "SAD". Conserving tax payer's money is not bad. As you said , DT may win DACA case as well - unfortunate. But, public charge rule is good in my personal opinion.

Except that public charge rule is not consistent with this poem from 1883 etched on Statue of Liberty:
Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!

It is true that it is very unlikely that EB candidates are affected. It's mostly about Family Migration and that too mostly illegal one.

[FarAwayfromGC]

Except that public charge rule is not consistent with this poem from 1883 etched on Statue of Liberty:
Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!

It is true that it is very unlikely that EB candidates are affected. It's mostly about Family Migration and that too mostly illegal one.

Good One Sir .. this quote comes from Emma LazarusÂ’ sonnet AKA "Statue of Liberty poem" , It is quite forgotten after the Statue of liberty immigrated to US from France !!! I am just saying in a lighter mood, no offense to any one.

[gs1968]

Some details of modified s386 revealed by Charles Kuck
No harm clause removed. 50-50 provisions delayed for 3 years. AOS filing for approved I-140 for 2 years

[abcx13]

Some details of modified s386 revealed by Charles Kuck
No harm clause removed. 50-50 provisions delayed for 3 years. AOS filing for approved I-140 for 2 years

Any news on when it might come up for voting?

[gs1968]

I think it is a unanimous consent request next week

[GCMirage]

For the past couple weeks there is some chatter in ring-wing media outlets about new visa categories for agricultural workers etc., there is a concerted effort to build a case for adding temp agricultural and construction worker visas because the unemployment rate is low. At the same time there is also push-back from some quarters adding new temp workers will dampen the wage growth etc., etc., The reason I bring this up is because this may present an opportunity to get consensus on S386, it will be interesting to see if any attempt would be made by Senator Lee or others to roll everything into a single package.

[vsivarama]

The clause E should be somewhere around 4 years. Not that I want people to wait for an extended period to file I-485. But I can see, big Indian companies abusing this clause by applying labor and I-140 for applicants and bring them directly on L1/B1 and converting to EAD without the need for H1. Thus they could flood the market with folks working for less. My two cents. Let me know if I am incorrect in my assumptions.

[srimurthy]

The clause E should be somewhere around 4 years. Not that I want people to wait for an extended period to file I-485. But I can see, big Indian companies abusing this clause by applying labor and I-140 for applicants and bring them directly on L1/B1 and converting to EAD without the need for H1. Thus they could flood the market with folks working for less. My two cents. Let me know if I am incorrect in my assumptions.

I don't think you can apply for 140 while on B1 as the Business visa is not a work permit. And getting the EAD give a liberty for people to move between employers. And there could be more filings in L1, but that can always go for reviews like the present scenario. And any way everyone in L1 is going for a EB1 filing these days.

[gten20]

For those who are interested. Details of S386 amendments --> https://www.dropbox.com/s/kyzfnj2fwj...Wq5uIEjWJ9U6kE

[NJMavarick]

It seems D has NASSCOM written all over it and E has IT Serve....

[monsieur]

The clause E should be somewhere around 4 years. Not that I want people to wait for an extended period to file I-485. But I can see, big Indian companies abusing this clause by applying labor and I-140 for applicants and bring them directly on L1/B1 and converting to EAD without the need for H1. Thus they could flood the market with folks working for less. My two cents. Let me know if I am incorrect in my assumptions.

Moment a person will get EAD/AP they will move to other employer instead of sticking to Indian IT firms. One of the big reason these firms where not filing for H1-B and went to L1 route in 2010s. Don't know if it still holds true or not as all I heard that H1 and L1 is pretty hard to get if JD says consultant / analyst.

[NJMavarick]

The clause E should be somewhere around 4 years. Not that I want people to wait for an extended period to file I-485. But I can see, big Indian companies abusing this clause by applying labor and I-140 for applicants and bring them directly on L1/B1 and converting to EAD without the need for H1. Thus they could flood the market with folks working for less. My two cents. Let me know if I am incorrect in my assumptions.

There is no perfect solution. While 4 seems reasonable considering I have already been waiting for 9+ years Again, this may not be the final version of the bill and we could see more changes. With the current administration and most likely the future one (i.e. betting on trump) clamping down on L1s as well..there is no respite to these outsourcing companies. They have to hire locally...

[vsivarama]

Lol! I have been waiting for 8+ years. Not sure if it's funny or sad that we think 4 years wait is reasonable. I do agree that it's easier to move around once you have EAD (but the companies have indulged in questionable tactics to make workers stay with them before). But I was more concerned by the fact that now there is no numerical cap like 65,000 (H1s) restricting companies as they will have more ways to work around the annual cap. Clamping down on L1's will only push the companies to using the EAD loopholes. Again there is no perfect solution. Agreed!

[Raj0687]

Breitbart (yes, biased I know) quotes a Lee spokesman as saying as he has "no immediate plans for a UC".

https://www.breitbart.com/immigratio...ing-companies/

Breitbart's reporter Neil Munro is the worst person, I have ever seen. He writes all cooked up stories on the #s386 bill, not a line of it is correct. I am not sure why he hates it so much.

He always say 'thousands of american students loose job because of #s386', then I asked him, #s386 keeps the total number of green cards per year are same, it only changes the process of granting green cards, how would Americans loose jobs because of #s386? He then blocked me.

He has zero common sense and no interest in learning about #s386, but kept trolling.

[qesehmk]

These right wing nuts don't deserve any room for doubt. They are racist. Period. Never ever mistake them for anything else.

Their boss is on record saying very clearly that immigration from Norway is good but others not so.

They are not fighting for little guy in Pennsylvania; they are fighting with an imaginary cultural attack from not-white people. If these guys were indeed worried about the little guy in PA then they would have fought for him long time back when millions of low paying manufacturing jobs moved to China. Even today most of Trump stuff is made in China. (which by the way I am all for. I am just pointing out the hypocrisy).

The liberal+libertarian masonic system of American government has created unprecedented wealth for all sections of the society here in the US. These extreme right wing morons if unchecked are going to ruin it. As far as immigrants go, I can't stress it enough, you can use republicans all you want. But, while there certainly are many good republicans; the fact of the matter is, the racists by and large belong to GOP.

[GhostWriter]

I know Q and i did try to separate the comments on two. 1 and 3 are only for the right wing part. Probably should have ordered differently.

Ghost

My observation about right wing folks has nothing to do with IV. They are two separate issues.

[qesehmk]

I know Q and i did try to separate the comments on two. 1 and 3 are only for the right wing part. Probably should have ordered differently.

Ghost - because your comments are mixed I still can't figure out what was unfair about my comments.

But perhaps we both can agree that whoever removes country caps we will celebrate. Label does not matter. Justice matters.

[Immigo]

AILA came out with it's opposition to S.386 (https://www.aila.org/advo-media/issu...ng-per-country).

[GhostWriter]

Absolutely Q.

Ghost - because your comments are mixed I still can't figure out what was unfair about my comments.

But perhaps we both can agree that whoever removes country caps we will celebrate. Label does not matter. Justice matters.