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guy_tensed
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Posted on 11-30-11 11:33
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BAD NEWS FOLKS !!!!!
EB2 will take 4 Years
EB3 will take 12 Years (damn !)
WASHINGTON: In a move that would benefit highly-skilled workers from countries like India seeking to stay in the US, the House of Representatives has voted to end per-country caps on worker-based immigration visas.
The bill (HR 3012) passed by the US House of Representative in a voice vote, from both the parties, completely eliminates the per-country caps for employment-based visas and raises the per-country cap from seven per cent to 15 per cent for family-based visas, all without adding even a single additional visa.
The current Immigration and Nationality Act generally provides that the total number of employment-based immigrant visas made available to natives of any single foreign country in a year cannot exceed seven per cent of the total number of such visas made available in that year, a result of which a large number of qualifies Indians in particular are rejected because of this anomaly in the existing law.
Supporters of this bill termed it as pro-growth and pro-job. Speaking on the floor of the House in support of the bill, Congressman Steve Cohen said the bill removes the so-called "per-country" limits from applying to employment-based green cards.
"Current immigration law provides 140,000 green cards annually to employment-based immigrants. The law, however, prevents any one country from receiving more than 7 per cent or 9,800 of the total 140,000 visas," he said.
"Because of this per-country limit, a country like India, with a population of 1.2 billion, is limited to the same number of visas as a country like Iceland, with a population of 300,000 and a lot of ice," he argued.
"This makes no sense and has resulted in decades-long backlogs for nationals from India, as well as China, and it makes it impossible for certain US employers to attract and retain certain essential workers they need to help keep America competitive. Indeed, from India and China there are many people trained in STEM areas that we need in our country to keep competitive," Cohen said.
He said that eliminating the per-country limit for employment-based immigrants would level the playing field and treat everyone on a first-come, first-served basis.
"Because the bill does not provide additional green cards, it does not address the current overall backlogs. And that's unfortunate. But the bill does treat people and those backlogs more equitably. To make sure that there are no unintended consequences, the elimination of the per-country limit is phased in slowly over 3 years," he said.
Congressman Jim Moran said that this bill is very important for the tech sector to grow and expand.
"We know how important technology firms are going to be in the global economy of the 21st century; but I don't think we fully take into account how important it is to continue to attract the best and brightest from around the world who, in fact, do want to go to graduate school here and do want to continue residing in the United States and to work here applying their talents and skills," Moran said.
Congresswoman Zoe Lofgren said, "This bill will help certain Indian nationals, who now face a wait of 70 years to get green cards.
"... But because the bill does not address the scope of the backlogs, it will increase the wait time for many others. Under this bill, everyone seeking an employment-based third preference green card will have to wait 12 years. That may be more equitable, but it doesn't fix the underlying problem," he said.
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anon
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Posted on 11-30-11 2:57
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law becomes effective as of FY 2012, that means it will effect all the Priority dates for EB2 and EB3. EB2 wont be current until all the indians get the Greencards, same applies for EB3. I have attached the bill http://www.gpo.gov/fdsys/pkg/BILLS-112hr3012ih/pdf/BILLS-112hr3012ih.pdf
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LahureDai
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Posted on 11-30-11 3:03
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Thanks guys for the explanation.
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guy_tensed
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Posted on 11-30-11 3:06
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For 2012
EB2: 85% of 85% or until it catches China cut off dates and after that it shares the remaining of 85% with China (mostly not for the FY 2012 as India is retrogressed at least to consume a full one FY quota). ROW will be moving slowly with the 15% reserved quota. 15% of 85% visas can be consumed by the highly retrogressed countries (China )
EB3: 85% of 85% or until it catches China cut off dates and after that it shares the remaining of 85% with China (mostly not for the FY 2012 as India is retrogressed at least to consume a full one FY quota). ROW will be moving slowly with the 15% reserved quota. 15% of 85% visas can be consumed by the highly retrogressed countries (China)
For 2013
EB2: 90% visas India Share with China in EB2 community until they catch up the ROW and ROW will continue to move slowly with the 10% reserved quota. Mostly ROW stick to the 10% and may not get more share as India and China need at the least 2 years to catch up with ROW
EB3: 90% visas India Share with China in EB2 community until they catch up the ROW and ROW will continue to move slowly with the 10% reserved quota. Mostly ROW stick to the 10% and may not get more share as India and China need at the least 2 years to catch up with ROW
For 2014
EB2: India and China may possibly catch up with ROW by the mid quota and sail along with ROW and the ROW term will be removed from the EB2 category.
EB3: 90% visas India Share with China in EB2 community until they catch up the ROW and ROW will continue to move slowly with the 10% reserved quota. Mostly ROW stick to the 10% and may be by the end 2014 India and China can catch up to ROW and the ROW term will be removed from the US EB system and remain as the nations from one world.
From there on wards any qualified non-rigid candidate to stand in line will get the GC in FIFO (First In, First Out). No reservations for anyone who joins late in the queue. US do not stop any qualifying candidate from applying for GC.
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guy_tensed
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Posted on 11-30-11 3:23
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Estimated Priority cutoff Dates for NEPAL after the Bill becomes Law.
In 2012,
EB2---Cutoff Date will be 01 Oct 2011
In 2013,
EB2---Cutoff Date will be 15 Dec 2011
In 2014
EB2----Cutoff Date will be 01 Jan 2012
In 2015
EB2---Will be First In-First Out
So if you file your Green Card now, you might have to wait another 4 Years under EB2.
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SarkiMailoParewadada
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Posted on 11-30-11 3:43
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4 yrs wait period starts from 2015 when the law implemented fully. Until that they will implement small portion 10-15% so it doesn't affect that much. It 'll late like 4-5 months in first yr and 1 yrs in 2013 and 2 yrs in 2014 and 3-4 yrs late in 2015.
Last edited: 30-Nov-11 03:44 PM
Last edited: 30-Nov-11 04:01 PM
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anon
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Posted on 11-30-11 4:00
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Sarki ji, sorry to be rude but there is nothing to think when the bill is right in front, it says how it will be implemented,
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SarkiMailoParewadada
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Posted on 11-30-11 4:02
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Anon jee, what that mean of 15% in 2012 and 10% in 2013 and 2014 means then ?
Last edited: 30-Nov-11 04:03 PM
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anon
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Posted on 11-30-11 4:07
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it means that out of the total allocated quota, 15% will go to ROW(Rest of the World, EB3 gets 44000 per year, so ROW will get 6600 green cards, rest will go to India, china etc.and in 2013 and 2014 ROW(Nepal is part of ROW) gets 4400 greencards every year.
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bhagggwan
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Posted on 11-30-11 4:16
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Does it affect the NIW category? Pardon me for my ignorance.
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SarkiMailoParewadada
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Posted on 11-30-11 4:24
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No. This is for EB2 and EB3 CAPS!
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edipre
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Posted on 11-30-11 4:26
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NIW is EB1.It shouldn't affect/effect.
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meraj
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Posted on 11-30-11 4:29
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You guys are forgetting about EB1. That 15% will most probably consumed my ROW EB1. EB2 & EB3 will hardly get any visa number. Put your effort to block it in Senate. Send mails to senator office. Indians spent huge money and time lobbying for it. Ask senators to ammend bill to at least reserve 30-40 % for ROW until India and china catch up, then implement First in first out.
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yakuja
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Posted on 11-30-11 4:30
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Thts not nice. I am planning to apply thru EB3 next month. So where I stand?? Can any1 explain please??
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SarkiMailoParewadada
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Posted on 11-30-11 4:40
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general timing for eb3 is 5-7 yrs now, After this rule implemented fully you will get your GC 10-12 yrs later.
Last edited: 30-Nov-11 04:49 PM
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bhagggwan
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Posted on 11-30-11 4:42
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But i know NIW is EB2? So simple logic says it will be affected.
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SarkiMailoParewadada
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Posted on 11-30-11 4:49
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yakuja
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Posted on 11-30-11 4:52
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sammu2011
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Posted on 11-30-11 4:58
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Khairey
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Posted on 11-30-11 5:25
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Sen. Chuck Grassley to Place Hold on Employment-Based Visa Bil
Will he be able to block this in Senate?
https://www.numbersusa.com/content/node/12604#tabset-1
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bodmas
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Posted on 11-30-11 5:52
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http://en.wikipedia.org/wiki/Senate_hold
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