recapture of immigrant visas passed to end EB3 retrogression

Baby is right,reddy what you r saying holds good..if the PD is current..and Visas Not available..What they are saying is Retrogress..your theory holds good for future not for Retrogress..This scenario..Mark will still get in 4th Quateronly..as Tech..Exceeding Lot ..
 
Action Is Must!!!!!!!!!!!!!

Guys,
I Think For All Of Us An Action Is Must To Let Congressman, Senators Know Nationwide

Let's Come Up With A Letter So That Everyone Will Put Efforts To Take Signatures Of Friends And Other People/consultants In Your Company, We Will Fax It To Mayors, Congressmans, Senators, Personally Meet Them, Ask Them To Request To Have These Visa Numbers Use For All Employment Categories

Some Of Us Dont Spare Time For This, Which Is Not Good

We All Should Act On It For Our Own Benefit

Lets Try To Be Little Proactive

I Am Calling Everyone To Come Up With Some Ideas About This Letter

I Am A Programmer, Not A Lawyer, So Have No Clue About What To Write

But We All Can Put Efforts And Together Can Do This


Let's Start It

Can Anyone Please Suggest How To Start

I Am Also Asking Help From United Nations, Ginnu, Who Are Experts In These Matters


Act Now To Make Your Future Better!!!!!!!!!!!!
 
which one is the final version of h109-1268

THOMAS GOVT SERVER gives 5 versions of this act

as per the 5th one (which seems to be the latest one)
RECAPTURE OF VISAS

SEC. 7007. Section 106(d)(2)(A) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1), by inserting before the period at the end of the second sentence `and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment-based immigrants, and the dependents of such immigrants, and 50 percent of such visas shall be made available to those whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor'; and

(2) in paragraph (2)(A), by striking `and 2000' and inserting `through 2004'.
Click to expand...

this is different from
shusterman

which one is true?
 
This issue has been dissected enough. Pls check other threads abt the same topic.

The Thomas 5th version is the senate passed one. Those 50% wordings were however changed in the House-Senate conference and that has been agreed by a majority of the house and senate conferees. So the final version wordings do not carry the 50% wording and are restricted to a maximum of 50000 visas, only to be used for Schedule A occupations.

The only hope for EB3 tech workers is the balance 101K visa left unused from the earlier recapture of FY 1999 and 2000 and set to be used in the final quarter for FY2005. So watch for the July visa bulletin.

http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr072&dbname=cp109&

(Search for VISAS FOR NURSES)

http://www.visalaw.com/05may1/5may105.html
 
Last edited by a moderator:
Srinireddydgl
Lets prepare a letter for senators and congressmen. All others who
suffers from retrogression please give your support. Lets move this
thing. Also let try to woo our employers too. Please give your support
people!!!
thx
babu
 
It doesn't matter because Schedule A doesn't need labor and so they didn't have wait to file I485, after starting the GC process. They can apply I140 and I485 together. That means, any Schedule A applicant(RN/PT), who have just started their process on December 31st, 2004 might have already applied for I485 too(before backlog started on Jan '05). The only applicants from Schedule A,who got affected by retrogression are the people who haven't started before Jan '05(unlike tech guys who have started on '02 are still waiting to file I485)

But, the additional 50000 visa for Schedule A will help others indirectly, as Nurses/PT need not be aloted that much general quota visas.
 
Last edited by a moderator:
What I am sensing and guessing is 50,000 visas from the recaptured visas for the Nurses and Therapists. And the rest would be used for other EB3 categories in the last quarter. Even without this bill these numbers must be availbale in the final quarter. This bill will be helping to use 50,000 with immediate effect after the bill is enacted.

This may be clear once the bill is passed and signed into law. Then USCIS may come out and give the details.

What do you say guys?

catch_22_4_GC said:
This issue has been dissected enough. Pls check other threads abt the same topic.

The Thomas 5th version is the senate passed one. Those 50% wordings were however changed in the House-Senate conference and that has been agreed by a majority of the house and senate conferees. So the final version wordings do not carry the 50% wording and are restricted to a maximum of 50000 visas, only to be used for Schedule A occupations.

The only hope for EB3 tech workers is the balance 101K visa left unused from the earlier recapture of FY 1999 and 2000 and set to be used in the final quarter for FY2005. So watch for the July visa bulletin.

http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr072&dbname=cp109&

(Search for VISAS FOR NURSES)

http://www.visalaw.com/05may1/5may105.html
Click to expand...
 
GeeSea and all others:

I am really happy if DOS/USCIS uses these unused visas in Q4 as they said in Jan 2005 bulletine. why would USCIS/DOS think that EB3 will not move either way for Year2005. See murthy.com and shutterman.com, and these two web sites said that they learns form DOS/USCIS, that EB3 may not move either in Q4 of 2005.

Why? Why? I did not understand at all.
Please any thouths.
 
Favourable interpretation

05/07/2005: 50,000 Recaptured Employment-Based Visa Numbers for Nurses, Physical Therapists, and Performing Artists Under Schedule A

The $82 billion special spending bill will also allocate upto 50,000 employment-based visa numbers for the Schedule A qualified nurses, physical therapists, and performing artists which have been recaptured from the unused visa numbers during FY 2001, FY 2002, FY 2003, and FY 2004. There was a report that a total of 130,000 could be recaptured and the balance of 80,000 could be available for other EB-based immigrants during the period the visa numbers remain retrogressed under Section 106 of American Competitiveness in the 21st Century Act of 2000. We will post the legislation as soon as the bill is signed by the President as early as next week.05/07/2005: 50,000 Recaptured Employment-Based Visa Numbers for Nurses, Physical Therapists, and Performing Artists Under Schedule A

--------------------------------------------------------------------------------

As per http://www.immigration-law.com/, it states 80k visa from the new law will be available for other categories
 
House Report 109-072

conf. report

TITLE V--OTHER CHANGES TO PROVISIONS GOVERNING NONIMMIGRANT AND IMMIGRANT VISAS

The conference agreement includes language modified from language proposed by the Senate regarding reciprocal visas for national of Australia. The House did not include similar language.

The conference agreement includes language modified from language proposed by the Senate regarding visas for nurses. The House did not include
Click to expand...


senate version

RECAPTURE OF VISAS

SEC. 7007. Section 106(d)(2)(A) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1), by inserting before the period at the end of the second sentence `and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment-based immigrants, and the dependents of such immigrants, and 50 percent of such visas shall be made available to those whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor'; and

(2) in paragraph (2)(A), by striking `and 2000' and inserting `through 2004'.
Click to expand...

I'm still optimistic about eb3 relief.
 
Senate Passed Special Spending Bill Today & President to Sign Before End of This Week

05/10/2005: Senate Passed Special Spending Bill Today & President to Sign Before End of This Week

Today, the Senate passed the Conference compromise bill, which is expected to become a law before next week as the President is expected to sign this legislation before the end of this week. This bill contains REAL ID, 50,000 Nurse/PT/Performing Artist Recapture of 2001-2004 Unused Visa Numbers, and H-2B Amendment to Admit Former H-2B Workers Return to the U.S. Being Not Subject to the Annual Cap. Stay tuned to this web site for the details of the immigration legislations
 
Last edited by a moderator:
President SIGNED

I think president Signed the bill
Can anyone find out which is final version that president signed and is it going to help us or not
 
srinireddydgl said:
I think president Signed the bill
Can anyone find out which is final version that president signed and is it going to help us or not
Click to expand...

bill text

as per thomas
SEC. 502. VISAS FOR NURSES.

Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1), by inserting before the period at the end of the second sentence `and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment-based immigrants (and their family members accompanying or following to join under section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor';

(2) in paragraph (2)(A), by striking `and 2000' and inserting `through 2004'; and

(3) in paragraph (2), by amending subparagraph (B) to read as follows:

`(B)(i) REDUCTION- The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas actually used under paragraph (1) for previous fiscal years.

`(ii) MAXIMUM- The total number of visas made available under paragraph (1) from unused visas from the fiscal years 2001 through 2004 may not exceed 50,000.'.
Click to expand...


no relief for technical workers.
 
What should this mean ?

The conference agreement includes language modified from language proposed by the Senate regarding visas for nurses. The House did not include similar language.

http://thomas.loc.gov/cgi-bin/cpque...p109rrE1E&r_n=hr072.109&item=&sel=TOC_516082&

I did speak to my attorney on tuesday, and he had no doubt that there was relief for eb3..

I just want to stop thinking about it and wait for the final word... but just cant help .. :rolleyes:
 
You must log in or register to reply here.
Top