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Thread: S386 GOP Politics and Sen. Durbin

  1. #76
    Just do the same with Durbin. Reach out to him and reason and negotiate. There is no end to negotiation.

    Politics is the art of negotiation and governance is the art of prioritization. He is just doing his job and prioritizing somebody else's interest above yours. If you want him to represent yours then blaming him and singling him out will not help.

    I hope my posts changed your mind a bit about the utility of the advice from arm chair critics. But even if not - I guess further debate is not going to change my views and opinions. All the best for your continued efforts.

    Quote Originally Posted by eaglenow View Post
    Like I said, my intention is not to shame anyone. It was just general observation. Since you responded, I replied to you. Like I said, I do believe that you have no bad intentions and you are reasonable as demonstrated by the fact that you did not simply delete my posts and be done with it.

    I am sure I can reason with you and sure will reach out to you for a longer discussion about advocacy and we can share perspectives.

    IV stand with Sen. Durbin is not to shame him or harass him. They are just calling him out. If you look in the past, they have never done this, even to Sen. Grassley, Sen. Sessions and numerous other blocks and setbacks. But calling out Sen. Durbin is a necessity felt by IV leaders at this time.

    Sen. Durbin is not being reasonable and is not ready to negotiate in good faith. He mocks Indians waiting in these perennial backlog line, blocks the most reasonable and possibly the only immigration bill that can pass outside of CIR, refuses to add aging out kids to his dream act, and on top of it comes out with a bill that has absolutely no chance of passing. And brings it to the floor for UC, a process he says is not right for the most agreed upon bipartisan bill. And this is for a bill he had cosponsored. The only difference being at that time, it had Irish relief provisions. He is literally mocking the entire community.

    His Relief act is only to show that he is pro immigrant. This is how bills are killed. Look up the history of how bills are killed, especially common sense ones. It invariably involves the lawmaker agreeing with the bill in principle and they add a poison pill, that seems reasonable to outside world but in essence and reality is only designed to kill the bill.

    His mother was an immigrant does not matter as his intentions are what matters. Now I did not personally witness this and saw it in a post on the IV main channel. So take it with a grain of salt. He apparently told one of the members in the cafeteria that Indians need to stop cheating and abuse. Now if that is not stereotyping, I am not sure what is.

    And regardless of whether we think he is a racist or not, his actions speak louder than words. His position is let Indians keep waiting till more GCs can be allocated. He simply does not care that people are in backlogs for more than a decade and effectively any Indian filing for GC now will never get GC unless laws change. But he is acting concerned that future applicants not in the system yet will be impacted. So Indians are sub humans who are meant to be discriminated and others must not have any wait times?

    And he has the audacity to say this will benefit only Indians at the expense of other communities. It is really the other way around. Today row is benefiting at the expense of backlogged Indians.

    The core issue is that lack of GC numbers results in backlog. The compositiOn of backlog is proof of discrimination due to country of birth. This bill aims to remove discrimination and not fix backlogs.

    He says the discrimination can be removed only if backlogs are removed at the same time. Why are the two linked? After passing the bill to fix discrimination, we can work on fixing backlogs. They are not related and need not be passed together nor are they mutually exclusive.

    He is fine with Indians waiting for a decade now with people from 2015 never getting GC, but he is worried that future applicants will have to wait 8 to 10 years to get GC? And if this does not show his intent what will?

    He is simply playing politics with the lives of people born in India. And his actions betray his thoughts.

    We just need to make calls and share our stories and request him to remove his hold. The only thing our community can do at this time is to keep the calls going and show that we will not give up. Again, his acting in bad faith is very evident as noted by the tweet from Rep.Lofgren and the statement from Sen. warner on the floor. We need to stand together at this time and show that we will not fall for tricks like increasing GC etc. He has no logical reason to hold this bill.

    If he thinks increasing GC will be quick, he should have no trouble passing the current bill and then passing the GC increase. If he knows increasing GC is not easy, why is he holding this bill and promoting his relief act instead. In either case there is no reason to block this bill. And that is what we need to keep calling about and sharing how we are impacted. All of us should be calling him to discuss the impact of current system and ask him to remove his hold. If we keep doing that, given the pressure from other sides, he will relent, maybe by asking for minor changes to existing bill or passing the bill as is. We do not have any other choice as nothing else will pass outside of CIR.

    And even President Obama with his huge political capital and having won the house and senate did not touch CIR. And the partisan politics has only gotten worse. This is a rare bill that has huge bipartisan support that is being blocked by only one senator for no logical reason.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  2. #77
    Quote Originally Posted by eaglenow View Post
    Reistance from ROW? With the do no harm provision no row applicant with approved 140 will be impacted. So who is the resistance from? People who are not yet in the system?

    And you need to stop negotiating with yourself. It just shows desperation. Why do you think it’s fine for people born in India to wait for 30 years (with your plan) while others cannot wait for 8? Given the current processing times, the real wait time is only 5 more years and this is for people who are not yet in the system. Why is this not fair? For backlogged applicants even with the existing transition, it will take 8 years or so to clear out backlogs. So any new applicant will wait for 8 years for their turn. This is assuming CIR or other bill does not pass in the meantime. Why is this not fair?

    The bill as it currently stands with do harm provision is as fair as it gets. If there are other reasonable compromises to be made, let that come from the senator. The moment you start proposing things, he will latch on to that to portray that even backlogged applicants don’t think the bill is fair.

    I am not sure why our community does not believe they deserve to be treated equally to others. You are not being fair by proposing these things, you are just saying you don’t deserve to be treated equally. Many row folks who won’t even be impacted by this bill oppose this bill because they think future applicants will be impacted. And here our folks who are already impacted and waiting for a decade are trying out various options. The irony is unbelievable.
    I think Durbin thinking that without increasing GC numbers backlog will not be cleared if the purpose is clearing backlogs. I heard his speech in CSPAN. His views are as follows.Most Indians work in IT and 80 plus percentage will go IT and after 5 years most green cards will go to Indians. Because of that people from other fields like sports,nurse and arts will not be able to come. If a person comes for sports and his waiting time is 10 years by the time he gets gc no use for USA. No solution from IV for the problems raised. I remember before 2010 Grassley was accused as racist but after that it was realized that his concerns were valid. So why not address the concerns of Durbin? Anyhow I do not know what is happening in background but based on media some of Durbin concerns may be valid

    In USA filibuster in other process and block in UC are used for different agenda. Still it is considered as a pillar of democracy. So every opposition needs to be respected and try to find a solution
    Last edited by Ramsen; 10-22-2019 at 09:29 AM.

  3. #78
    Sportsmen come under EB1 which does not have the severity of backlog like EB2 or Eb3.

    Also with country cap the wait time for a sportsman or nurse from India is longer than similar professions from other countries. Country caps are discriminatory, just compare two people with same professions/skills. Across professions why is wait for a sportsman over nurse more concerning than wait for a doctor over nurse.

    With the globalization wave getting a pause (if not reversal) there is no chance for increase in GCs regardless of the party in power. There will be redistribution across countries or categories. Family based categories will have to be reduced if EB has to be increased slightly along with country cap elimination. Durbin’s plan will just kill the whole issue and set the momentum 10-15 years back. Even if no compromise can be reached with him, the noise and shaming are bringing the urgency and importance to the issue that it deserves.

    Quote Originally Posted by Ramsen View Post
    I think Durbin thinking that without increasing GC numbers backlog will not be cleared if the purpose is clearing backlogs. I heard his speech in CSPAN. His views are as follows.Most Indians work in IT and 80 plus percentage will go IT and after 5 years most green cards will go to Indians. Because of that people from other fields like sports,nurse and arts will not be able to come. If a person comes for sports and his waiting time is 10 years by the time he gets gc no use for USA. No solution from IV for the problems raised. I remember before 2010 Grassley was accused as racist but after that it was realized that his concerns were valid. So why not address the concerns of Durbin? Anyhow I do not know what is happening in background but based on media some of Durbin concerns may be valid

    In USA filibuster in other process and block in UC are used for different agenda. Still it is considered as a pillar of democracy. So every opposition needs to be respected and try to find a solution
    Last edited by GhostWriter; 10-22-2019 at 10:50 AM.

  4. #79
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    Quote Originally Posted by GhostWriter View Post
    Sportsmen come under EB1 which does not have the severity of backlog like EB2 or Eb3.

    Also with country cap the wait time for a sportsman or nurse from India is longer than similar professions from other countries. Country caps are discriminatory, just compare two people with same professions/skills. Across professions why is wait for a sportsman over nurse more concerning than wait for a doctor over nurse.

    With the globalization wave getting a pause (if not reversal) there is no chance for increase in GCs regardless of the party in power. There will be redistribution across countries or categories. Family based categories will have to be reduced if EB has to be increased slightly along with country cap elimination. Durbin’s plan will just kill the whole issue and set the momentum 10-15 years back. Even if no compromise can be reached with him, the noise and shaming are bringing the urgency and importance to the issue that it deserves.
    To Ghostwriter

    What do you imply by globalization reversal and the association with green card numbers?

  5. #80
    Ghost it has been at least 2-3 years i believe you posted .. or perhaps i didn't notice. Anyway good to hear from you.

    Regarding reversal of globalization .... i will say ... be prepared for reversal of the reversal of globalization. Why? Because the whole nationalistic thought was a reaction to losing out to globalization. We see that in US Aussie UK (where I first hand saw polish workers being discriminated against) hungary and even in India.

    See ... there is no stopping globalization. Money is a great equalizing force. And it likes ROI. So in the end money will equalize nationalize borders.

    Bottomline in US - This nationalistic wave will subside and globalization will continue in a few years. If that does not happen ... even country caps are difficult to remove.

    So you might as well build a collective front of India and all other countries rather than try to create a zero sum game.

    Quote Originally Posted by GhostWriter View Post
    Sportsmen come under EB1 which does not have the severity of backlog like EB2 or Eb3.

    Also with country cap the wait time for a sportsman or nurse from India is longer than similar professions from other countries. Country caps are discriminatory, just compare two people with same professions/skills. Across professions why is wait for a sportsman over nurse more concerning than wait for a doctor over nurse.

    With the globalization wave getting a pause (if not reversal) there is no chance for increase in GCs regardless of the party in power. There will be redistribution across countries or categories. Family based categories will have to be reduced if EB has to be increased slightly along with country cap elimination. Durbin’s plan will just kill the whole issue and set the momentum 10-15 years back. Even if no compromise can be reached with him, the noise and shaming are bringing the urgency and importance to the issue that it deserves.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  6. #81
    Quote Originally Posted by GhostWriter View Post
    I just meant that across nations and particularly US/UK protectionist policies are increasing. Both for outsourcing and immigration. Trade wars, check on immigration, Make in America, Brexit etc. The new narrative being embraced is that unchecked globalization (both outsourcing and immigration) has come at the expense of local people and industries. The fear of automation through AI is further compounding these concerns. Add to it the global slowdown and fear of US recession in next 1-2 years. One may agree or disagree about how true each of these things is but these concerns are going to drive political choices for a while imo. DoesnÂ’t matter who is in the white house. Earlier globalization used to be a Republican agenda and Trump won on the exact opposite agenda.

    One would think that reducing outsourcing should call for more immigration but that does not seem to be the direction either.

    There is no appetite for increase in immigration levels. Add to it the chaos in congress, what major bill or issue has been tackled in last 8-10 years - none, doesnÂ’t matter if its Dems or Republicans running the show. With that context it is a miracle that S386 has reached so close to the finish line.

    Do you see it differently ? You always have very informed views with respect to bills and politics so would be interesting to know your thoughts.

    I think I had raised it before and would state again - Backlogs are Democrats' bargaining chip for CIR. It has been known for a long time. Without that CIR would just look like benefiting DACA and DAPA folks - so not really a CIR.

    So why would they give it up? What has changed on the ground?

    In fact all this hue and cry would convince them even more that this is politically a very useful bargaining chip. Imagine the crowds of both DACA and Backlogged marching together for CIR!

    Having said, I am in no way supporting any of this - just stating my opinion.

  7. #82
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    This from Charles Kuck

    "It now appears likely that #S386 will be coming up for a vote on the Senate floor sometime tomorrow. This is NOT a UC vote. It is straight-up 60% vote, so if you think #NoS386 is the best outcome, you should be calling your Senator at 202-224-3121 today to oppose this bill."
    4 mins ago

    Maybe some light at the end of the tunnel.
    Last edited by gs1968; 10-23-2019 at 11:11 AM.

  8. #83
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    I am sorry about the above post.IV has confirmed that it was fake news.Knowing so many families that would benefit from this,my excitement got the better of me.I should be more patient in the future
    There still appears to be some confusion about this news but one thing IV has done in the past is to dispel rumors at the outset to prevent distraction.If this Bill were to be voted on tomorrow they would have clearly announced it on social media channels and encouraged every member in every state to call aggressively every Senator to get to the 60 vote threshold.
    Last edited by gs1968; 10-23-2019 at 11:35 AM.

  9. #84
    Quote Originally Posted by iatiam View Post
    What about the suing the federal government idea?
    IANAL, but I think the companies might have standing to sue the government for forcing them to take national origin into account. But I think the easier path to go would be getting them to support the bill on the hill and push for it with Durbin or anyone else rather than suing the government when Big Tech is already in the crosshairs for all sorts of things.

  10. #85
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    Just a quick Senate Floor Update for people who missed it
    Sen.Durbin asked again for unanimous consent for his RELIEF Act and Sen.Thune objected to it on Sen.Lee's behalf
    Sen.Durbin made a floor speech after the objection and I have copied the text from the floor transcript

    "I'M SORRY FOR THIS OBJECTION AND I THANK THE SENATOR FROM SOUTH DAKOTA FOR COMING TO THE FLOOR ON BEHALF OF THE SENATOR FROM UTAH. I'VE BEEN IN COMMUNICATION WITH THE SENATOR FROM UTAH. I HOPE HE'LL JOIN ME IN ASKING FOR A HEARING. THIS IS AN ISSUE WHICH LITERALLY AFFECTS HUNDREDS OF THOUSANDS OF PEOPLE LIVING IN THIS COUNTRY, MANY OF WHOM HAVE BEEN HERE FOR YEARS AND DECADES. PRACTICING PHYSICIANS IN MY HOMETOWN OF SPRINGFIELD ARE AFFECTED BY THIS DEBATE. THEY WANT TO KNOW WHAT THEIR FUTURE WILL BE AND THE FUTURE OF THEIR CHILDREN. I'M TRYING TO FIND A REASONABLE WAY TO WORK OUT A COMPROMISE ON THIS, AND I STAND READY TO DO SO. I HOPE SENATOR LEE WILL JOIN ME IN ASKING SENATORS GRAHAM AND CORNYN TO HAVE A HEARING BEFORE THE JUDICIARY COMMITTEE. I WANT TO EXTEND THIS INVITATiON TO SENATOR LEE TO JOIN SENATE JUDICIARY COMMITTEE DEMOCRATS WHO HAVE SIGNED A LETTER WITH ME TODAY REQUESTING THIS HEARING. I'M HAPPY TO SIT DOWN AND DISCUSS THIS ISSUE WITH THE SENIOR SENATOR FROM UTAH OR ANY OTHER SENATOR. IF WE WORK TOGETHER IN GOOD FAITH, I BELIEVE WE CAN REACH AN AGREEMENT, A BIPARTISAN AGREEMENT ON LEGISLATION THAT CAN PASS BOTH CHAMBERS AND BE SIGNED INTO LAW."

    The Relief ACT now has 5 co-sponsors all Democrat. Hopefully a compromise will come soon

  11. #86
    Quote Originally Posted by gs1968 View Post
    Just a quick Senate Floor Update for people who missed it
    I'M TRYING TO FIND A REASONABLE WAY TO WORK OUT A COMPROMISE ON THIS, AND I STAND READY TO DO SO. I HOPE SENATOR LEE WILL JOIN ME

    Is it any surprising? Durbin is not a jerk nor he hates Indians or immigrants. He just needs to carve out a win for himself first and then for his constituents. As simple as that. Lets hope Lee and Durbin can come together and merge relief act and s386 somehow.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  12. #87
    Quote Originally Posted by FarAwayfromGC View Post
    by increasing the number GC's and keeping the same % allocation doesn't make significant change in backlogs but, over a period of time it will certainly ease the pressure.
    Doubling the overall numbers, will instantly reduce backlog by 140K ... almost all of them from 2009-2011 timeframe. The overall backlog will be reduced in 3-5 years. In fact our estimate is that after backlogs are cleared the visas will start going waste.
    Last edited by whereismygc; 11-01-2019 at 11:55 AM.
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  13. #88
    This forum has been awfully silent! Opinions on http://www.dropbox.com/s/mwvp4ec282x...Pager.doc?dl=0

  14. #89
    Quote Originally Posted by NJMavarick View Post
    I took a cursory look ... looks pretty good to me. Basically it will give benefits of GC while waiting for GC ...
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  15. #90
    Quote Originally Posted by qesehmk View Post
    I took a cursory look ... looks pretty good to me. Basically it will give benefits of GC while waiting for GC ...
    The 50:50 provision in the bill is why NASSCOM and ITServe are not on board with this. It looks good and I will take it any day! Durbin is on board with Lee, Cotton and Grassley. We will have to wait and watch..there could be other Senators who might oppose this...not to mention the whole process of reconciling with the house bill.

  16. #91

  17. #92
    Quote Originally Posted by abcx13 View Post
    This is news from 12/12 ... even before they reached the deal, he decided to block. Good stuff
    I have 0 confidence at this point.

  18. #93
    Quote Originally Posted by EB22010Dec View Post
    This is news from 12/12 ... even before they reached the deal, he decided to block. Good stuff
    I have 0 confidence at this point.
    I would take this with a pinch of salt! These are 2 extreme right wing sites. The 50:50 provision would make them happy.

  19. #94
    Update 12/18/19: Sen. Durbin and Sen. Lee discussed S.386 on the Senate floor and postponed action
    From: https://cis.org/Vaughan/Senate-S386-...03-Country-Cap

  20. #95

  21. #96
    This is unbelievably sane compromise. IMHO the chance of this passing senate and congress is almost 80-90%.

    I think Dick Durbin is the main architect of this compromise and has shown his genius in reaching this compromise.

    In nutshell - this compromise
    a) brings all countries on equal footing
    b) ensures backlogs are addressed without hurting current "current" ROW
    c) ensures other key categories important to economy are addressed
    d) protects aging out children
    e) allows job switching and early filing of GC
    f) does not increase GC cap

    and thus is palatable (spelling?) to majority of senate and congress.


    This bill will make backlog a universal pain and thus in 5-10 years it will force US to raise overall GC cap to 250K. And we all must recognize Durbin's genius in this.

    Action
    Please send an email to Durbin as well as Mike Lee to add a provision to count EB dependents towards family quota (at least for first 3 years)
    This will relieve EB pressure and backlogs dramatically. Effectively it will make 150K more GCs available to EB every year.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  22. #97
    Two bucks says someone else will come out of the woodwork to block the amended bill for some stupid selfish reason.

  23. #98
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    Good news!! Dick Durbin has removed his hold on 386. Hopefully, 386 will come up for UC again soon in the senate and hopefully this time it will be passed.

  24. #99
    Quote Originally Posted by Blue_fairy View Post
    Good news!! Dick Durbin has removed his hold on 386. Hopefully, 386 will come up for UC again soon in the senate and hopefully this time it will be passed.
    Good to see some movement. However, the 50/50 provision (companies with 50 or more employees and 50% on H1B) may be the poison pill this time around. I see opposition from IT companies.

  25. #100
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    Quote Originally Posted by qesehmk View Post
    This is unbelievably sane compromise. IMHO the chance of this passing senate and congress is almost 80-90%.

    This will relieve EB pressure and backlogs dramatically. Effectively it will make 150K more GCs available to EB every year.[/COLOR]
    *****
    Section 7. Adjustment of Status for Employment-Based Immigrants.

    No comparable version in the House.

    Non-immigrants in valid status who have an immigrant visa petition filed under an EB-1, EB-2 or EB-3 category may file an application with USCIS to adjust status if the petition has been approved or if the petition has been pending for more than 270 days, regardless of whether an immigrant visa is immediately available at the time the application is filed. Dependents filing to adjust based on this provision can continue to qualify as a dependent child regardless of the individual’s age or whether the principal beneficiary has died. Applicants filing to adjust based on this provision shall be eligible for work and travel authorization. The adjustment application may not be approved until after the immigrant visa becomes available.
    ****

    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?

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