Bills, Rules & Politics

[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.

[vbollu]

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?

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.

[jackbrown_890]

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.

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".

[idliman]

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.

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.

[qesehmk]

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

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".

[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!

[NJMaverick]

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?

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.

[jackbrown_890]

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

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

[jackbrown_890]

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!

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.

[isititrue1044]

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.

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

[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

[smuggymba]

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.

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

[isititrue1044]

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.

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

[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?

[isititrue1044]

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?

probably 2014

[qesehmk]

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

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.

[FarAwayfromGC]

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.

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.

[NJMavarick]

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

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

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

[bookworm]

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.

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

[gs1968]

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

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.

[Blue_fairy]

Assuming HR1044 is passed tomorrow, how soon can the EB backlogged countries see relief? Immediately? In 1 year, in 2 or 5?

My PD is Oct 2009.

[idliman]

Assuming HR1044 is passed tomorrow, how soon can the EB backlogged countries see relief? Immediately? In 1 year, in 2 or 5?

My PD is Oct 2009.

I expect about 30,000x3 GCs [EB1 to EB3] to be available to backlogged countries in the next year. As the EB3 queue is thinner than EB2, EB3 will move much faster again. We will still talk about porting. However India PDs should safely move by two years for EB2I (due to interview mandate the actual approvals will be smaller) and three years for EB3I. You will be current before the end of 2019. However, lets wait and see. Don't count the chickens until they hatch. Some never do.

[idliman]

For people who want to know more about the importance of Senate's Unanimous Consent (UC) vote see Khan Academy Video. All today's vote is doing is avoiding filibuster and taking it to the senate floor for obtaining 51 votes. With 34 co-sponsors already, getting to 51 will not be a problem. However, having to obtain 60 votes instead of 51 means the difference between life and death.

[NJMavarick]

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.

What you are saying makes sense but all it takes is One Senator to object it. This is politics and anything can happen. Keeping fingers crossed!

[NJMavarick]

Getting messages that Bernard Sanders is opposed to this! I have called the office asking for support..Lets see what impact it has or is this even true!