I am a silent reader of this great forum.
Today I have learned that Sen Grassley lifted the hold on HR3012. I hope this bill passes in congress soon...
http://www.grassley.senate.gov/news/...eID_1502=41746
I am a silent reader of this great forum.
Today I have learned that Sen Grassley lifted the hold on HR3012. I hope this bill passes in congress soon...
http://www.grassley.senate.gov/news/...eID_1502=41746
If HR 3012 passes, what would dates look like for EB2ROW-IC beginning Oct visa bulletin.
Let it pass first, guys! Then once we've uncorked the champagne, guzzled it, slept off the hangover, we can discuss.Originally Posted by kkruna
Yay! Great! Thanks!
I do not want to get my hopes up yet. Still wait and watch mode over the developments. Hopefully, we all will work together to get the vote schedules in Senate with the amendment and then in the House and then for the signature of the President. It is a long march ahead with very little time remaining in this Congressional Session. Let us all buckle up and get ready to do action items if any come up.
\
Yeah, I'm hoping that given the timing of lifting the hold, everything is lined up for it to pass before the recess. No point lifting the hold otherwise right...
Lots of behind the scene stuff happening I think. I think the Qualcomm article yesterday wasn't just a coincidence.
abcx13,
Just for my curiousity, can you point me to the Qualcomm article that you are referring in your above post? Thanks!
http://www.qualcomm.com/media/blog/2...n-us-employers
Not meant to bring down anybody's excitement. There might be one more hurdle to pass in form of Irish E-3 Visa Bill I am sure they will try to sneak it along.
So, the expectation is that the bill will be placed in the Senate in the next few weeks. I guess, if the bill passes in the Senate, it should be ready for approval, right?
I am so happy for immitime and others who have been so anxiously following the progress of this Bills. Hopefully everybody can plan their lives better and finally enjoy the freedom. No more going to Indian restaurants and looking at the family at the next table and wondering about their priority date/EB category etc. (We have all done it!!)
On a different note these provisions would have passed if not as 3012.The momentum was in its favor. The idea itself has been around since 2007-2008 when first introduced by Ms.Lofgren although Mr.Chaffetz/Mr.Smith will take the credit now
http://lofgren.house.gov/index.php?o...438&Itemid=130
I sincerely hope that this Bill is only the first step towards a stream of meaningful reforms in the coming months.Please refer to my rant from a few weekends ago.
Again my congratulations to immitime,Manubhai,kd,SaiBabaAug2010,Jonty and everybody else who must be rejoicing today.Maybe the Bill will pass on Friday the 13th (Oh No-it won't as the Senate always gets 3 day weekends!!)
Since there does not seem to be an increase in visas (no updates on the potential STEM Bill from Lamar Smith's Office) there is no way for Spectator/Q/Veni/vizcard etc getting away from the daily/weekly/monthly predictions exercise.
As long as there is a limit on annual numbers,EB categories and a priority date-this Blog will live long!
To pch053
If amended-will need to be approved by the House again prior to President's Signature
Agree with you. The idea of eliminating the country caps for employment categories has been around since some time. The country caps in employment categories seem so outdated in today's times. Laws need to change with the changing times. That is exactly what we will see happening if this bill becomes a law.
Finally, I am glad today that at least the hold is gone. Now, I hope the bill passes quickly through Senate with the amendment so it can be re-voted upon in the House again before ending up on President's desk to become a law. When that happens if it happens, we in real meaning will celebrate this welcome change.
Amen.
http://democrats.senate.gov/2012/07/...-july-12-2012/
Senate Floor Schedule is updated for tomorrow. HR3012/S1857 does not appear on the schedule yet. Hoping the bill to be scheduled for senate vote early next week.
LOL .. that's exactly what i would do.Let it pass first, guys! Then once we've uncorked the champagne, guzzled it, slept off the hangover, we can discuss.
BUT, going by the wording in that letter it appears that HR3012 is amended and hence will need to back to the House to pass.
Senate floor Schedule can be changed any minute.. so hoping this bill will be ready to be signed by the President by nextweek same time! Better to pass asap. otherwise Guncle can think otherwise is it not???
I will say this again. Looks like the bill has been amended based on the news release. So it will need to go back to the House. So it will be a while before it gets signed.
To immitime
Was just about to post to find out where you were on an evening like this.i have no idea about your personal situation but I have always admired how you stayed positive throughout.I am trying to go through the senate rules but not able to find the duration after publication of amendment for review by other senators before floor vote.BTW Matthew Oh is speculating about Irish E-3 on his website
Yeah, it will have to go back but hopefully they've already agreed on a deal and it can be done before the recess in August.
GS,
Thanks for the appreciation. May GOD Bless all of us to have GC, we all have been suffering due to backlogs. Senate Schedule is usually changed frequently by Majority Leader if my info is correct.
One of the condition Sen.Grassley agreed upon was not to include E-3 provision with H.R.3012. Irish site said they are moving the E-3 visa seperately. Even Irishecho site reported this. The Irish faction themsevles have difference of opinion about E-3 introduced by Sen.Brown and Sen.Schumer(regarding documented and undocumented Irish workers!) so no chance for E-3 to be tagged along with this bill.
On an evening like this, I am praying.... let all our boats reach the shore safely. Its a long wait..... may be we are almost seeing the light house! just 10 miles to navigate more. Hangon and enjoy this great Political show!
I agree with immitime, Irish E3 will not be part of Grassley amendment.
Lalaji,
Proof here
But any progress towards firm legislation now means a new standalone measure with House support and no holds on any House-approved bill that reaches the Senate.
Read Further:
http://irishecho.com/?p=71868
Hello y'all...
I have been absent for a while, since i got my GC approved...but been reading posts here..and was quite depressed to see all the gloom and doom from all the analysis from the gurus and the readers here...
Well guess what? Let me be the bearer of BOOM here....
Grassley has finally smoked the grass and lifted the hold on HR3012.
http://www.grassley.senate.gov/news/...eID_1502=41746
It is clear to now pass the senate and hopefully will be signed into law.
What does that mean if HR3012 becomes law?
It means EB-IC will be current with the ROW on October 1st 2012.
Hurray....everyone preadjudicated from 2007 & 2008 and possibly 2009 & 2010 from EB2-IC will be cleared in the first and 2nd quarter of FY 2013....before they start talking retrogression......
EB3 IC should also get a huge relief and a big bump, while EB3-ROW retrogresses to meet EB3-IC midway
Ok y'all...start partying now...!!
Keep the faith and the hope!!
"dhinka chika chinka chika hey hey hey hey hey!!!
Last edited by rockybaba; 07-12-2012 at 01:07 AM.
Cheers
-Rocky
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TSC, PD:03/02/2008, I485 mailed:12/02/11, RD: 07Dec'11, ND:12/09/11, FP Notice:12/19/11, FP Complete:12/29/11EAD/AP: CPO 01/27/2012, EAD/AP Physical cards:02/03/2012,I485: Feb 24...GREEEEEEEEEEENED!
This is from ** forum. Questions & Answers relating to the amendment. Definitely far less draconian that what the lawyers make it seem. Also interesting that FY12 is the effective date.
Q - How will the DOL’a auditing role differ from the current procedure if the
amendment becomes law?
A - Currently, DOL only checks for completeness of an H1B LCA application and does
not have authority to act on obvious signs of fraud and/or misrepresentation.
It conducts audits of employers only on receiving a complaint and gives the
employer an advance notice of audit.
With the amendment, DOL may conduct audits as noted above in the summary. If it
deems that an advance notice might allow companies to bury any evidence or audit
findings, it may conduct the audit without advance notice.
Section 3 (b) (7) amends clause a clause in the INA by describing the notice of intent
to conduct an investigation. There is a reference that the determination by the DoL
under that specific clause will not be subject to judicial review. This means that the
decision regarding intent to conduct an investigation cannot be subject to judicial
review i.e. the audit will be conducted as determined and the decision to conduct the
same cannot be challenged in court. However, other parts of the investigation/audit,
including any adverse results/decision of the investigation, can be subject to judicial
review as with current audits.
Q – What does not change from the current system?
A_- There is much left unchanged by the proposed Grassley Amendment. Among
policies not affected are:
The audit process and the information that DOL may request from a company
during an audit does not change. The resources and budget of DOL are not
being changed by this amendment either.
The penalties/process/remedies to be imposed if a company is found in
violation of the law and the test of whether a company is found to be in
violation of the law DOES NOT change from what it is today. (For both of the
above, please note that the amendment refers back to existing sections in the
Immigrant and Nationality Act.)
The definition of fraud and misrepresentation does not change. A fraudulent
company today will be deemed equally fraudulent with the amendment
provisions. The only difference is that the company has an increased
probability of getting caught under the new law due to the higher likelihood of
getting audited.
If the audit reveals no findings, just like today, there will be absolutely no
impact on the LCA application other than a processing delay. There is
absolutely no indication that the processing delays due to potential audits will
be any more than what is seen today in audit of immigrant applications in
other visa categories.
Q - Does the amendment change anything about the original per-country limit
removal bill language of HR3012? What is the effective date of the amendment?
A – No. The original per country limit removal language as passed by the House is
intact and is effective from FY 2012.
The amendment is an addition and is only related to audits of employers who employ
H1B employees. The amendment says nothing about the per country issue.
Q - How is an employee affected by the audit of an employer?
A – The amendment targets employers, not employees. As under current law,
however, an employee with an LCAs that is disallowed will have to file a new H1B
application through a different employer.
Under the proposed amendment, employers will be audited if there are clear
indicators that certain details in the LCA are misrepresented (e.g., dubious employer
profile or employee job details). If an employer is audited and the audit finds the
employer in the clear, the employees’ H1B application is not affected in any way. If
the employer is found to be engaging in misrepresentation and fraud, the Labor
certification (LCA) required for an H1B will be denied and the H1B application will be
rejected.
Q – If my company is found to be fraudulent, will the amendment impact existing
H1Bs and approved I -140s and Green Cards?
A – No. The amendment is not retroactive, so it will not impact any existing H1Bs.
Secondly I-140s are under the prerogative of USCIS, and DOL does not have the
authority to rescind I-140s and Green Cards. This amendment does nothing to
change that.
Perm Labor certification and H1B Labor certification are completely different
processes. The amendment gives authority to DOL to audit companies during the
filing of H1B LCA, NOT during the filing of PERM LCA.
The bottom line is that the provisions in this amendment are not retroactive and will
have no impact on any past applications/petitions.
Q – Does the amendment mean that employers will limit H1B workers or let go of
H1b workers to be under the 15% limit?
A – The provisions only outline audit requirements. There is no limitation on the
number of H1B employees that an employer can hire. There is no
requirement/condition at all that employers stay below than 15% H1B employee
level, as is being suggested on some forums.
Q – Will the possibility of getting audited by DOL make employers wary of hiring H1B
workers, especially the large companies with a high number of H1b workers?
A – Over 350 technology companies have signed and expressed their support for
this bill and the amendment, including large companies who routinely have more
than 15% of their workforce on H1B, like Microsoft, Intel, Google, Apple, Cisco and
HP. If the amendment were a draconian anti-H1B law as suggested by some lawyer
groups, these reputable companies that depend on the H1B program would not
support it. Companies will continue to hire workers as needed. Companies not
engaged in fraud have no reason to change their policies at all.
Criticism of the amendment has been based largely on far-fetched, subjective and
hypothetical assumptions and misinterpretation of the INA. Immigration Voice
believes that this amendment is good for immigrants, as it weeds out the bad
employers in the system who are engaged in fraud and employee exploitation. Only
such employers, whose business model is based on exploiting their workers and
holding them back, will be impacted by this amendment’s provisions. It will be a
deterrent to employers who willfully engage in discrepancies in wages, jobs and any
other kind of misrepresentations.
This amendment is the result of compromise between the various key stakeholders
in high-skilled Immigration. Among the most important of these stakeholders are
Immigration Voice members across the country who are stuck in application backlogs
for many years and desperately require the per country cap removal proposed by
H.R.3012.
Vishnu - thanks for useful information.
Yesterday's event is a huge step forward. Good luck all.
Q/Spec/Teddy/Other Experts,
Assuming the bill signs off before recess, what will be the starting point for EB2 India come Oct 1st 2012... how it will play out ... if this is already discussed then point me to the thread. Thanks
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PD - 9/25/2008, RD - 1/5/2012, ND - 1/9/2012, EAD/AP - approved for self/wife n waiting for kids AP, FP Notice - 2/4, FP Date - 2/21 FP Done - Completed, 485 RFE for Self on EVL, RFE in review state from 3/28, 485 Approval - Dont know when ??
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