General Immigration Discussion

[kd2008]

This petition is close to getting the required 5000 signatures.

https://wwws.whitehouse.gov/petitions#!/petition/allow-seriously-backlogged-eb2eb3-beneficiaries-their-i-140-approved-file-i-485-and-apply-ead-ap/d3D62yTt

It has obtained the required number of signatures!!!

[Feb2008]

5k is the passing limit. The more the better!

This petition is close to getting the required 5000 signatures.

https://wwws.whitehouse.gov/petitions#!/petition/allow-seriously-backlogged-eb2eb3-beneficiaries-their-i-140-approved-file-i-485-and-apply-ead-ap/d3D62yTt

It has obtained the required number of signatures!!!

[geterdone]

https://wwws.whitehouse.gov/petition...avily/1NLS8G5c

this one needs some help to reach 5k

[iamdeb]

Friends please go through the following links for New York mayor's address on immigration

http://www.marketwatch.com/story/blo...MW_latest_news

http://www.youtube.com/watch?v=waXX6ioaAhc

the following video is more clear.

http://www.c-spanvideo.org/program/M...FullAbstract=1

[skpanda]

Hope the talks turn into some action..

Friends please go through the following links for New York mayor's address on immigration

http://www.marketwatch.com/story/blo...MW_latest_news

http://www.youtube.com/watch?v=waXX6ioaAhc

the following video is more clear.

http://www.c-spanvideo.org/program/M...FullAbstract=1

[jackbrown_890]

we ve got another hearing on immigration topic in the House. i wonder who is going to be at the hearing this time.
I am hoping this will motivate them to do something beyond hearings,, pass few bills. This hearing is by the direction of chairman who is co-sponsor of that bill 3012 mentioned by Kanmani.
the topic of the hearing is: "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"
It is on Oct. 5 at 1:30

[10102007]

we ve got another hearing on immigration topic in the House. i wonder who is going to be at the hearing this time.
I am hoping this will motivate them to do something beyond hearings,, pass few bills. This hearing is by the direction of chairman who is co-sponsor of that bill 3012 mentioned by Kanmani.
the topic of the hearing is: "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"
It is on Oct. 5 at 1:30

Do You know if the general public can attend these hearings?

[leo4ever]

Do You know if the general public can attend these hearings?

Can we see it on CSPAN?

[iamdeb]

Can we see it on CSPAN?

I believe so. Yesterday I heard the Bloomberg speech on C-Span channel.

[Kanmani]

we ve got another hearing on immigration topic in the House. i wonder who is going to be at the hearing this time.
I am hoping this will motivate them to do something beyond hearings,, pass few bills. This hearing is by the direction of chairman who is co-sponsor of that bill 3012 mentioned by Kanmani.
the topic of the hearing is: "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"
It is on Oct. 5 at 1:30

Yes , I saw the same in the house hearing schedule . It is actually an oversight of the topic ,generally a discussion. ( Topic is Staple act which would staple GCs to MS ,Phd & Post Phd degrees obtained from US universities- instead of opt they give gc after an job offer).

[jackbrown_890]

Do You know if the general public can attend these hearings?

You will be able to see on CSPAN
here is the link to the hearing schedule. There will be a link to live streaming on this page on the day of the hearing.

http://judiciary.house.gov/hearings/...0052011_2.html

[nishant2200]

Yes , I saw the same in the house hearing schedule . It is actually an oversight of the topic ,generally a discussion. ( Topic is Staple act which would staple GCs to MS ,Phd & Post Phd degrees obtained from US universities- instead of opt they give gc after an job offer).

This is not a practical act the way it is being said. Maybe the details are better, I need to read more. I myself would benefit from it, but I think these are the points to do if want to do something like this:
a. Staple should be valid only for PhD. NIU (chinese organization already rooting for PhD only, albeit they have a selfish interest in it, most chinese do PhDs vs Indians who do masters)
b. For Masters in STEM, EB2 and a certain number of years of waiting done due to backlog in job offer in USA. I don't know what the years is, 3 years, 4 years, 5 years. Or someway to qualitatively qualify top tier universities whose masters really qualifies for STAPLE vs Delayed Grace Filing with special visa number given. Or maybe a quota to be carved out in EB2 for STEM graduates.

I am not taking any sides here, or saying above should be done. I am not going to complain if I get a GC because of STAPLE. I am only saying that I do not support blindly stapling GC to just masters from STEM without any other criteria.

Otherwise there will be just influx of people buying their way in with masters degrees in the huge amount of various universities here. Tuition even at Ivy League for Masters say 80k for two years is much less than 500k for EB5 investor!

[iamdeb]

Thanks for the link Jack.
When do you expect anything concrete to happen in this regard?

Deb

[iamdeb]

Well Nishant you are reiterating the existing EB1,EB2,EB3 criteria.
PhDs anyway fall under EB1 which is always current.
Masters with EB2 have a wait time of 4-5 years if they are from India,China and ROW is current which I feel is not fair.

[Kanmani]

There was a discussion in the Senate judiciary committee to recommend stapling of gcs to masters too.

There were opposition too, considering the fact that the US universities would be a visa generating industries later on .

[nishant2200]

Well Nishant you are reiterating the existing EB1,EB2,EB3 criteria.
PhDs anyway fall under EB1 which is always current.
Masters with EB2 have a wait time of 4-5 years if they are from India,China and ROW is current which I feel is not fair.

PhDs don't necessarily fall in EB1 just because PhD, just like Masters don't fall in EB2 just because masters.

see: http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

Staple for PhD takes away need for any GC immigration process, it kind of gives them a GC instead of OPT card. This is incomparable flexibility.

Masters with EB2 the wait time you mention is not guaranted, today it looks like 4-5 years, 2 years from now, with good economy, it make look like 8-9 years. Only reason EB2 I moves at all is because of Spillover. If there is no Spillover, entire 2800 will be eaten up by porting or most of it, and dates will move really miserably if they move at all.

But I do see where you are coming from, and understand your point. I seem to be too harsh on STEM masters

Fine, looking at the various bountiful wastage of various visas, lotteries, refugees, and various avenues available to people from most of the world to immigrate here, I take it back. May god help us, legal hardworking community, in whatever way possible. If it takes one to study STEM, do higher studies in it, to get in, because he is from the world's second largest populated country, I don't think it's anything to be frowned upon. I agree.

(But this will be a contention point in the place where it matters, the house, the senate, etc. , a big one, blindly stapling GC to masters from STEM).

[10102007]

Something like a conditional work permit can be given instead for MS graduates. This can be just like H1B, but allowing us to travel freely and Just one H1B for three years and if the person has lived by the rules, a GC can be issued.

Of course if they decide to just do it (GC) when we get right out of college, I wouldn't complain. But I agree with Nishanth that it may not be practical.

[nishant2200]

Something like a conditional work permit can be given instead for MS graduates. This can be just like H1B, but allowing us to travel freely and Just one H1B for three years and if the person has lived by the rules, a GC can be issued.

Of course if they decide to just do it (GC) when we get right out of college, I wouldn't complain. But I agree with Nishanth that it may not be practical.

Yes, this definitely now sounds like an idea which could get traction. very good idea.

[mysati]

Something like a conditional work permit can be given instead for MS graduates. This can be just like H1B, but allowing us to travel freely and Just one H1B for three years and if the person has lived by the rules, a GC can be issued.

Of course if they decide to just do it (GC) when we get right out of college, I wouldn't complain. But I agree with Nishanth that it may not be practical.

Looks like that was how it was until the late 80s, getting GCs right after your Masters/PhD. When I was in school, there was one person who had come to provide us information on the immigration process. He was originally a Masters student from India who came here in the 80s and he actually showed us a photocopy of his "GreenCard" and how he got it immediately after his Masters. He did not have to go through H1. But the situation is a lot different now with the number of students increasing exponentially in the past 25 years.

[iamdeb]

Nishant I agree with your point that blindly stapling GC to US Masters might lead to misuse.
I might be fine with the waiting time too. However I feel those with approved I 140 should be able to file for EAD/AP. This will prevent lot of qualified immigrants from returning to their own country espc. in scenarios where their spouse is also highly qualified but unable to work on H4.

[nishant2200]

I agree with your point that blindly stapling GC to US Masters might lead to misuse.
I might be fine with the waiting time too. However I feel those with approved I 140 should be able to file for EAD/AP. This will prevent lot of qualified immigrants from returning to their own country espc. in scenarios where their spouse is also highly qualified but unable to work on H4.

Completely agree. It makes no sense to delay interim benefits to EB folks. The need for the GC job is right now, not 5 years later on. EB should be more about the need for the job being filled, not about diversity. There is GC lottery for diversity where India and China can't apply, as well as FB is always there for diversity.

[10102007]

Nishant I agree with your point that blindly stapling GC to US Masters might lead to misuse.
I might be fine with the waiting time too. However I feel those with approved I 140 should be able to file for EAD/AP. This will prevent lot of qualified immigrants from returning to their own country espc. in scenarios where their spouse is also highly qualified but unable to work on H4.

I agree. The whole concept of PD should apply only to the actual GC and not to EAD/ AP. That way we can breathe a bit easily.

[ssvp22]

Completely agree. It makes no sense to delay interim benefits to EB folks. The need for the GC job is right now, not 5 years later on. EB should be more about the need for the job being filled, not about diversity. There is GC lottery for diversity where India and China can't apply, as well as FB is always there for diversity.

You are right on nishant. EAD is pretty much worthless these days for Eb2 folks since either you get your GC right away, in case of EB2 ROW, or you cannot file for 485 and hence never get it for EB2 I/C.

[immitime]

All these mess could have avoided if the spillover law interpretation could not have changed, starting from Year 2008.

From EB1, the SOFAD and all other spillover Visas if equally distrubuted to EB2 & EB3 , EB3 ROW and EB3 India dates will be moved at least by 2 years ahead from what it is now. Heard the move to change the interpretation of spillover is initiated by USCIS from lobbying pressure from IV and some EB-2 India people.. That is sad on our part as Highly educated immigrant community.

I accpet the other opinions also no fights should be started by this statments. just thought of reminding all, the Truth behind this BIG mess. which was already a mess.

EB3 India people who missed the 2007 boat are waiting from Year 2002 onwards. And EB3 Row and EB-3 India will never ever get the spillover. Because there will always be demand for EB-2 India! And again don't adivse to Port... Porting is not very easy nowadyas even you are qualified for that.This spillover law helps now only One category EB2 India to some extent, the further movement we need to wait and see for the next VB

Good Luck to all immaterial of category.

[Pedro Gonzales]

All these mess could have avoided if the spillover law interpretation could not have changed, starting from Year 2008.

I don't doubt the rest of your statement but I have to disagree with this sentence. The spillover law interpretation would have allowed all EB3 to move forward by only a few years. A 10 year wait is not that different from an 8 year wait when you are on year 1. And, from this thread you probably realize that EB2 India folk aren't all that thrilled about where things stand. We're not very happy with a 5 year wait either. So, this mess wouldn't have been avoided, as you suggest, just the share of the pain would have been different, and perhaps (as all EB3 and even many EB2 will contend) more fairly. Still, sure you agree that it is nowhere near as unfair as per country limits, which discriminate based on nationality, while this tries to discriminate based on qualifications (though I admit there are many exceptions).