A new visa, H-5A and H-5B -- New Bill

[mummiezed]

Every job necessary: hooker, burglar, lap dancer

Orisssa: My church helps thousands of illegal aliens with ESL classes and free immigration help. These people is poor people that as you said, are just looking for a better life and help their families. Maybe they did not have the opportunities that I had, no family to pay for their education and no money, but they are not criminal nor terrorists.

And I feel ashamed of people that thinks that a person is less than a person because he/she cleans a toilet or babysits. Every job is necessary, and it dignifies the person. Is really fascist think that you are superior to someone else just because your family had money to send you to college. Shame on the people that minimizes any human being.

I love your argument! Middle class Americans want them [incl. burglar if loss tax deductible ]. H1b slaves are undesirable to the middle class. That's why H1b-LC is doomed.

If you H1b slaves really want dignity, you shall return and build your home country: abandon the GC, label for 2nd class citizen.

 

[mummiezed]

300K H1B? nope, lot of them 245(i) illegals

There 300k H1B now here waiting desperately for Labor cert. some here 6th some 7th. There are speculation that DOL intensly delaying so that they can easily avoid approving 330k IT Labor. Some of us here bought home, and living with wife and kids. Imagine how many of us here becomes (God forbid) out of status and we will stand behind undocument. How can it be possible to follow and obey the law of the land. Soon we will see all here.

do you really need GC? What a slave mentality!

 

[GCBy2010]

My humble opinion about some posts above

Question posted above: Can we ask to extend 245(i) :

1. This issue has already been debated in the congress/senate and failed couple of times. I think the lawmakers would'nt want to touch the 245(i) provisions..this might lead to failure of the bill.. So i don't feel we should address 245(i) along with this bill.

Question : Remove per country limit and this will help to cure retro.....

2. The above point is difficult to accomplish. If the visas numbers go unfilled for other countries, they are always given to other countries. But removing per country limit in this H-5 bill might be tough ask.

Question : Increase number of visas to 289000 from 140000 visas.

3. This is being done as part of the H-5 bill. We are asking them to apply this to H-1 visa holders as well.

I also believe the H-5 bill is not just meant for illegal immigrants. It is meant for unskilled immigrants and they have to come via proper channel into the US to apply for residency later.

Similarly, H-1 is a skilled category which we are asking them to include in the same provision as H-5 which targets the unskilled category. But both are legal means..

I feel that if we address other provisions like 245(i) or removing per country limits, that will digress from our main argument of including H-1Bs and may not fly.

Also, if H-1Bs can apply and adjust status after 5 years on their own (without employer involvement), extend indefinitely until visa numbers are available, change jobs and travel, that is all we need. Visa number issues if not addressed now, can be handled once we have this flexibility.

Correct me on anything if I am wrong or if you have other suggestions.

BTW, we have about 6 respondents so far. Thanks bjorn ! I would like to have about 12 to 15 people so that at the last minute if a few cannot make it, there will still be 10. I will keep my fingers crossed !

 

[aycy]

Adjustment of status after 3 years

Question posted above: Can we ask to extend 245(i) :

1. This issue has already been debated in the congress/senate and failed couple of times. I think the lawmakers would'nt want to touch the 245(i) provisions..this might lead to failure of the bill.. So i don't feel we should address 245(i) along with this bill.

Question : Remove per country limit and this will help to cure retro.....

2. The above point is difficult to accomplish. If the visas numbers go unfilled for other countries, they are always given to other countries. But removing per country limit in this H-5 bill might be tough ask.

Question : Increase number of visas to 289000 from 140000 visas.

3. This is being done as part of the H-5 bill. We are asking them to apply this to H-1 visa holders as well.

I also believe the H-5 bill is not just meant for illegal immigrants. It is meant for unskilled immigrants and they have to come via proper channel into the US to apply for residency later.

Similarly, H-1 is a skilled category which we are asking them to include in the same provision as H-5 which targets the unskilled category. But both are legal means..

I feel that if we address other provisions like 245(i) or removing per country limits, that will digress from our main argument of including H-1Bs and may not fly.

Also, if H-1Bs can apply and adjust status after 5 years on their own (without employer involvement), extend indefinitely until visa numbers are available, change jobs and travel, that is all we need. Visa number issues if not addressed now, can be handled once we have this flexibility.
I suggest we reduce to 3 years instead of 5 years.

Correct me on anything if I am wrong or if you have other suggestions.

BTW, we have about 6 respondents so far. Thanks bjorn ! I would like to have about 12 to 15 people so that at the last minute if a few cannot make it, there will still be 10. I will keep my fingers crossed !

 

[gc_2006]

just sent an email to Lou Dobbs (thanks for the link above) and Sen. McCain. I hope the news coverage in Lou's show next week will help elevate the importance of this item and hopefully spark more discussion and interest.

 

[GCBy2010]

aycy - Amend to adjust status after 3 years

aycy,

I think we can consider your point positively and try to bring this up if/when (did'nt want to sound too optimistic) we get to meet the senator. You can also include your version when you send emails to the links above.

My only concern is that, we should not touch upon any of the subject matter of the H-5 bill, except just including H-1Bs as part of it. The reason I put 5 years is because there is an existing provision in the H-5 bill which has the same clause applicable for H-5 visa holders. The only change I am trying to make is to apply all applicable provisions of that bill to H-1 visa holders (whose characteristics look similar to H-5) as well instead of just H-5 visa holders.

This is also a reasonable time frame when someone can work here and earn the credit..

But as I said earlier, we can consider this positively and bring it up.

 

[newsgroups]

Keep it up Guys!

We need to keep this thread going and always on top, this is a critical bill for all of us here, thx everyone for all the support and to the person who started this thread.

I will also notify u guys to send another message to Lou Dobbs when he decides to talk about the bill so we can send him a reminder of our concerns. Pls do not go into specifics when sending email, the letter drafted early in this thread (Page 2 i think) is the one to use.

Thx

 

[newsgroups]

Online Petition

GC_2006 & GCBy2010, since u guys did the letter/template and have the proper writing skills, let's start an online petition at:

http://www.petitiononline.com/create_petition.html

let me know how I can help.

 

[GOD_BLESS_YOU]

aycy,

I think we can consider your point positively and try to bring this up if/when (did'nt want to sound too optimistic) we get to meet the senator. You can also include your version when you send emails to the links above.

My only concern is that, we should not touch upon any of the subject matter of the H-5 bill, except just including H-1Bs as part of it. The reason I put 5 years is because there is an existing provision in the H-5 bill which has the same clause applicable for H-5 visa holders. The only change I am trying to make is to apply all applicable provisions of that bill to H-1 visa holders (whose characteristics look similar to H-5) as well instead of just H-5 visa holders.

This is also a reasonable time frame when someone can work here and earn the credit..

But as I said earlier, we can consider this positively and bring it up.

I am not a legal expert., could some one please explain about the following:

in the page 27 of the attached prosed document it is already mentioned 3years of residency condition for legal residents.,

SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.

(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:

`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.

`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--

`(i) the employer or any collective bargaining agent of the alien; or

`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.

`(C) The spouse or child of an alien granted status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible as a derivative beneficiary for an immigrant visa and adjustment of status.'.

(b) DUAL INTENT- Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting `(H)(ii)(b), (H)(ii)(c),' after `(H)(i),'.

 

[Call me Shrek]

If you H1b slaves really want dignity, you shall return and build your home country: abandon the GC, label for 2nd class citizen.

You go first. No? Then shut the f... up.

 

[aycy]

4 years in the proposed bill

aycy,

I think we can consider your point positively and try to bring this up if/when (did'nt want to sound too optimistic) we get to meet the senator. You can also include your version when you send emails to the links above.

My only concern is that, we should not touch upon any of the subject matter of the H-5 bill, except just including H-1Bs as part of it. The reason I put 5 years is because there is an existing provision in the H-5 bill which has the same clause applicable for H-5 visa holders. The only change I am trying to make is to apply all applicable provisions of that bill to H-1 visa holders (whose characteristics look similar to H-5) as well instead of just H-5 visa holders.

This is also a reasonable time frame when someone can work here and earn the credit..

But as I said earlier, we can consider this positively and bring it up.

The proposed bill said 4 years and H1Bs should get the same length and not 5 years if this is the case. Furthermore, since most of the H1Bs are professional and highly paid, there is a higher probability of getting laid off/let go before the fourth year of employment if our employers are not doing well.

H5A category is not the same as H1B. H5A is lowly skilled and their employment length is more secure than H1B. I would suggest to stick the H1B employment length to 3 years for adjustment. I won't want to resolve to wait for more years of uncertainty and the Immigration Subcommittee can always ammend the provision if they want to. If they can proposed a bill for illegals, they can always accomodate slight ammendments for legal immigrants like H1Bs.

 

[gc_2006]

Hi newsgroups,

I'd like to help out. How does that petition thing work?
It says that you cannot change anything after you submit it. Therefore we should come up with a draft first and then agree that this is what we (who all is 'we' by the way?) want to petition.
From what I have read on the thread there are a number of opinions on what exactly should be included.

While I would also prefer to see a shorter 'wait' time to file for GC without an employer (being that H-1B is more unstable as 'aycy' pointed out), on the other hand we probably should go for what we think is most probably to get through. It is already enough effort to raise the H-1B situation to a level where it gets some attention.
Remember there are millions more illegals here than legals. The illegals are an immediate problem spot for politicians - and as you know ' the squeaky wheel gets the grease'. We leave here in, pay taxes, obey laws - 'never change a running system...'.
Therefore I'd opt for making this petition as similar to the proposed bill as possible for now. The more we want to change the more there is to explain as to 'why' and 'how' and therefore greater chances for someone to misinterpret - and what have we gained then?

GC_2006 & GCBy2010, since u guys did the letter/template and have the proper writing skills, let's start an online petition at:

http://www.petitiononline.com/create_petition.html

let me know how I can help.

 

[newsgroups]

Confused

Hi GC_2006,

as you said, we need to agree on the content so to do that we also need to clear up what this means:

`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.

Does this apply to H1Bs?! Does the bill have provisions for H1Bs too, I'm getting confused here...

Sample 1: I've worked with an employer for 3 years under H1B, I can now apply for a GC on my own?

Sample 2: I've worked with several employers for 3 years under H1B, I can now apply for a GC on my own?

Any ideas/answers to those questions? After clearing this up then we'll come up with a draft.

Hi newsgroups,

I'd like to help out. How does that petition thing work?
It says that you cannot change anything after you submit it. Therefore we should come up with a draft first and then agree that this is what we (who all is 'we' by the way?) want to petition.
From what I have read on the thread there are a number of opinions on what exactly should be included.

While I would also prefer to see a shorter 'wait' time to file for GC without an employer (being that H-1B is more unstable as 'aycy' pointed out), on the other hand we probably should go for what we think is most probably to get through. It is already enough effort to raise the H-1B situation to a level where it gets some attention.
Remember there are millions more illegals here than legals. The illegals are an immediate problem spot for politicians - and as you know ' the squeaky wheel gets the grease'. We leave here in, pay taxes, obey laws - 'never change a running system...'.
Therefore I'd opt for making this petition as similar to the proposed bill as possible for now. The more we want to change the more there is to explain as to 'why' and 'how' and therefore greater chances for someone to misinterpret - and what have we gained then?

 

[indio0617]

Hi Gc2006.

I agree with you. It is important that we do not sound negative. Our best chance is to point out "How we have adhered to rules, the legal way, invested our faith in the American legal system... and it is only just and in principle that our plight is recognised.

The proposed bill essentially attracts aliens who are or would be illegal otherwise to work and possibly immigrate in a legal way. By ignoring the pleas of valid H-1Bs it will fly in the face of policy makers if they were not to accord the same provisions".

 

[CA_LC]

The proposed bill said 4 years and H1Bs should get the same length and not 5 years if this is the case. Furthermore, since most of the H1Bs are professional and highly paid, there is a higher probability of getting laid off/let go before the fourth year of employment if our employers are not doing well.
..always ammend the provision if they want to. If they can proposed a bill for illegals, they can always accomodate slight ammendments for legal immigrants like H1Bs.

Changing from 4 years from the proposed bill to 3 years for H1-B is not a slight ammendment. It is quite noticeable and questionable to why how etc. Lets stick to whatever is already proposed in the bill thereby increasing the chances of having H1-B included in the bill in first place.

What say folks?

 

[bjorn]

If an amendment is NOT made to the bill, the question then is: can H-1B workers just quite their job or have their H-1B expire, stay in the US as illegals, and then take a janotorial or other low skilled job qualify for H-5, and 4 years later besome permanent and then move into a professional job again. Does it say anywhere that this cannot be done? Just thinking of options if things do not go well with an H-1B clause or PERM applications.

 

[baby_mde]

GOD_BLESS_YOU:

It looks like if leagal immigrant works for 3 years he is elegible for GC. And number of GCs for EB category does not impose by any limit. But wait a minute what is the point in increaing 289000 visas to 140000 visas because there is no limit for EB.

illeagal immigrants must work 4 years to apply GC. for leagal only 3 years and it sounds good.

 

[kewl]

I agree with CA_LC. We should stick to original bill and request to add only few things so that our voice can be heard. If we have more things, we can always propose them once this bill is passed.

 

[bjorn]

I agree. Let's push for an H-1B clause. I'm also thinking in terms of a back-up plan if we then can take advantage of the H-5 bill, should an H-1B clause NOT go through. It may mean taking a low skilled job for 4 years, but that may be worth it if it's a guaranteed path to green card.

 

[GCBy2010]

gc_2006 CA_LC newsgroups bjorn god_bless_you

Good discussions above.

newsgroups,gc_2006

I will work on the petition tonight and during the weekend.. I will post once I have something readable.. gc_2006, if you can also post your version we can cull key points from both into one and come up with final versions. We will also include any other suggestions/versions from others..Everyone please feel free to post. I think we can pretty much maintain the 2 posts, one by gc_2006 and one by me earlier in the thread.. will try to modify anything after I think over it.

I am not sure if we should word it in legal terms like "section 3" etc. I would rather have a petition in simple terms which people can understand and sign it.

But we can supply a draft amendment to Sen. Kennedy when meeting in person. That can include all legal terms etc.

CA_LC,

I agree with you that we need to maintain the existing bill constant, with very few changes.. If it is 4 years for H-5s, I would also recommend the same for H-1Bs, so that the clause is untouched..

GOD_BLESS_YOU,

Don't know the answer to your question if H-1Bs are already covered by the H-5 bill, but I will read through the bill during this weekend and ponder.

Also similar to the petitiononline, I talked to the owner of a website (will post address later) who is willing to host our petition and also put our story (to include H-1Bs in the bill). He can set up the counter etc. If anyone wants to write content please do. I will talk to him to get it published there. This website is frequented I would say by 10s of 1000s of non-immigrants (amongst others) and would help to convey the message further to people who are not aware of this effort.

BTW, the total people who will be able to go to Boston so far is standing at 7. No other responses so far.. So, I will wait on this one.