BAD news guys...1932 is almost dead..

[rs_mangat]

12/15/2005: Senate S. 1932 Immigration Packet Practically "Dead"

Those bloody Anti-immigration ppl (numbersusa.com) succeded in their lobby..
they almost single-handedly defeated the motion

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As in immigration-law.com

Since the Senate would agree not to instruct the Senate conferees not to include the House amendment to the Senate version on the immigration packet, the original Sections 8001 and 8002 appear to be practically dead unless any unlikely miracle takes place.

12/14/2005: Senate S. 1932 Conferee Instructions Debate and Agreements

As we pointed out in the previous posting, today the Senate debated and agreed to certain motions following the Senate's yesterday's agreements. Unfortunately, these debates did not include the immigration packets. The debate is scheduled to continue tomorrow, but it is uncertain whether any motions can be brought up other than the ones which the Senate agreed to yesterday. For the today's debate, please click here.
We have yet to wait and see how the House-Senate conference process will develop and unfold. However, it is too sad that the businesses have swifted their gears from S. 1932 issue to illegal immigration legislation issue after the Senate passed the S. 1932. The immigrant communty has also lost steam and energy since the passage of the bill in the Senate. Reportedly, the FAIR group that is the Meca of anti-immigration forces has intensified their lobby and campaigns against the S. 1932 immigration packet. It appears that one poisonous pill the group used was that the S. 1932 immigration bills may be better handled as part of the Comprehensive Immigration Reform legislation next year. It was drummed up by some legislators including Lamar Smith, the Congressman from Texas and an Indian website in India even publicized the concept. Such tactics apparently worked in dividing immigration stakeholders. We must congratulate the FAIR for their job well-done.

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[r240968]

1932 is dead.........wait for next year

Wait for next year for more reforms.If you are lucky there might be a change........OR Prepare to wait for 10-12 years.

It is a prediction that with the PD after Jan 2002 the waiting will be atleast 12 years.........

Be patient and hope for the best.......

 

[saras76]

We should all have a backup plan ...

Wait for next year for more reforms.If you are lucky there might be a change........OR Prepare to wait for 10-12 years.

It is a prediction that with the PD after Jan 2002 the waiting will be atleast 12 years.........

Be patient and hope for the best.......

Guys and Gals,

Now that this bill has been defeated and very few politicans will touch pro immigration issues next year because of elections, it is time that all of us think rationally and stop waiting around for something to happen. We should try to support immigration reform and hope for results but that is no suffcient at this point. Only those that are willing to hang around for years and try their luck need not worry. Others that have life plans on hold or are in bad work situations seriously need to think of other alternatives. We should not take the drastic step of moving out of the US but should have those plans in place if nothing happens next year.

Waiting around at the mercy of a useless system is not worth it after a certain point. I have run out of patience and have decided that another year is just about how much more I am willing to wait if things remain the same as they are today.

regards,

saras76

 

[Nadi]

The news is not encouraging...

I think instead of fighting for a major reform bill .. we should ask for EAD/AP to be valid for 5 years.

This might be easier to get passed and many might get a peace of mind.

-- whats Ur take on this guys?

 

[skp19722003]

I agree

That's correct...but they cannot make money on it...it will not work out....

 

[edealfan]

Saras76,

Your posts are always to the point and have been helpful to many on this forum. But, I don't see a huge difference in having a green card at hand as opposed to having EAD and AP. Agreed that having green card gives you more freedom and better options. But, I think it will be a drastic decision for someone who is waiting in the AOS stage and quit just because he/she hasn't received a green card. If he/she wants to change jobs, they can certainly invoke AC21 and pursue better opportunities. Again, I agree that nothing is guaranteed until your case is finally approved, but the best advise would be to take a chance and live a life like you had a green card. You are almost there!

My 2 cents.

Guys and Gals,

Now that this bill has been defeated and very few politicans will touch pro immigration issues next year because of elections, it is time that all of us think rationally and stop waiting around for something to happen. We should try to support immigration reform and hope for results but that is no suffcient at this point. Only those that are willing to hang around for years and try their luck need not worry. Others that have life plans on hold or are in bad work situations seriously need to think of other alternatives. We should not take the drastic step of moving out of the US but should have those plans in place if nothing happens next year.

Waiting around at the mercy of a useless system is not worth it after a certain point. I have run out of patience and have decided that another year is just about how much more I am willing to wait if things remain the same as they are today.

regards,

saras76

 

[waitingnwaiting]

idealfan,

there is a huge difference between having a green card
and working on EAD.

Without a green card, you are always at the mercy of your employer.
If you have a good job, then it is ok. otherwise, every single day is stressfilled because you are worried about getting fired.

Working on EAD is risky.
If the I-485 gets denied, then EAD wont be useful.

 

[Nadi]

there is a huge difference between having a green card
and working on EAD.

Historical data shows that denial of 485 is rare.
The risk are greater for guys with the companies who do GC business .. but again even those type of companies have chuned out lot of successful 485.

So the risks are very small ... Plus now U have AC-21 to move around..

The only problem is that U should hold a job during the AOS stage ... well we cannot afford to be out of job anyways ... who will pay the mortgage then?

So I argue .. under the present circumtances ...
a +ve immigration bill is unlikly ... as they do not like the idea of one or two country taking up most of the immigration slots.

so for most EAD=GC ...

as the long is going to be a long long one and 1 year validity [infact it is less than that as one has to apply months in advance] is a hardship ...
so we should urge the congressmen to increase the validity period...

 

[saras76]

We cannot generalize ..

Saras76,

Your posts are always to the point and have been helpful to many on this forum. But, I don't see a huge difference in having a green card at hand as opposed to having EAD and AP. Agreed that having green card gives you more freedom and better options. But, I think it will be a drastic decision for someone who is waiting in the AOS stage and quit just because he/she hasn't received a green card. If he/she wants to change jobs, they can certainly invoke AC21 and pursue better opportunities. Again, I agree that nothing is guaranteed until your case is finally approved, but the best advise would be to take a chance and live a life like you had a green card. You are almost there!

My 2 cents.

edealfan,

Thanks for your positive words. I understand what you saying. However, renewing EAD and AP every year is not ideal for everyone. I agree that our situation is better than not being able to file a 485 but for a lot of people having the EAD alone does not solve a lot of problems. A lot of us have put our lives on "hold" because of not having a GC. Like somone said earlier, not everyone has a great job that they are confident of holding for several years. Although AC21 is available to us things can get messy because of the stupid clause of "having the EXACT same job fuction". A lot of us may want to quit and change careers, a lot of us may want to go to Business school full time, some of us may want to move to a bigger house, some us may just want the peace of mind that will come with the GC. My poing is that not having a GC and working on a EAD indefenitely isn't everyones cup of tea.

I have not given up on this process but I have started to think about what I am putting on hold or what I am doing with myself because of this endless "hold". Thats all I was trying to express. If there comes a point where I feel that I am being restricted to much and the short term losses are so great that my projected long term gains of getting the GC will not cover them then I want to cut my losses immediately. This my personal opinion. Everyone has there own reasons for what they do in life. Over the past year I have started to question a lof of my choices. As I think a lot of us should.

regards,

saras76

 

[michael_holding]

the point is simple. if the whole aspect of having GC process and accepting immigrants into this country is to provide talented people then this immigrations law need some reform. not drastic.
make the job switch trouble free after you have stayed with the original filing company for one year after filing of 485.from the current 180 days. no more AC21 and employer revoking 140..and bull crap.
make this AC21 law lenient or try to bring some reform to reduce the retrogression.
the point is these anti-immigrants groups do not realize is, they are allowing the immigrant laws to be slanted towards the employers,by stalling immigration reform, the worse it is for the indentured labor in the form of H-1bs and exploitation during GC process will continue. this results in lowering the wages. and these anti-immigration groups will clamor that immigrants are depressing wages. well yeah if you make a law so slanted towards an employer...then which employee is going to fight the system. either make it fair or do not take immigrants at all, but don't blame the immigrants. no one in their right mind is refusing extra salary...

what they need is give the h-1bs freedom to work for any company after you have come here, like a work permit but on the same job role. countries like UK you can file for GC independently after you have stayed there for a certain years.
america should adopt this model. instead of this EB-1,eb2...bull crap.

 

[hopeofgc]

That's correct...but they cannot make money on it...it will not work out....

Say for EAD Validity for 3yrs, USCIS may charge 3 times more fee for EAD and AP renewal.

Well, i don't know what happened issuing EAD with validity of more than year?

 

[armie]

EAD vs GC

Things you can't do with EAD over GC:

1. Switch careers. ex: Developer to Manager
2. Yearly renewal of AP/EAD/Driver's license
3. Qualify for (lower) mortgage
4. Qualify for state-tution (difference can be 10's of $1000s)
5. Many employers differenciate between GC over EAD
6. Apply for citizenship and hence claim SS if you decide to go back.

 

[Nadi]

1. Switch careers. ex: Developer to Manager
   
   I need some thoughts in this ... A guy is working as a developer in company A who sponcered his GC .. He is working with EAD .. Now he works for a second company as a manager of outsourcing with company B -- during the evenings. Is that not legal?
   
   
   
   
   
2. Yearly renewal of AP/EAD/Driver's license
   
   D/L more depedendent about state policy. Some state like MI do not care about the D/L and EAD .. they just issue it for 5 years.
   
   They should issue EAD for 5 years ... this is a easy thing for Govt to give.
   
   
   
3. Qualify for (lower) mortgage
   
   not true .. I got a low one 4 years back .. then I was still on H1b.
   
4. Qualify for state-tution (difference can be 10's of $1000s)
   
   yes thats true.
   
5. Many employers differenciate between GC over EAD
   
   Well some do differenciate .. many do not even care to know.
   
6. Apply for citizenship and hence claim SS if you decide to go back.
   
   why not we demand .. 5 years on EAD U can apply for Citizenship.
   

 

[malia]

Qualify for state-tution...Yes, I am paying very high fee as I dont have GC...

Apart from extremely HIGH TUTION fees, I am paying High Mortgage & loosing good opportunties because employers do prefer GC holders over EAD holders. On top of that, I am forgeting my career - working as a Developer Vs Manager. I am reporting to such "lousy" mgrs that no one can imagine but still I am pulling on with some RAY of Hope!!! but retrogession is just killing my enthusiasm to pull on further !!

Things you can't do with EAD over GC:
[*]Qualify for (lower) mortgage
[*]Qualify for state-tution (difference can be 10's of $1000s)
[*]Many employers differenciate between GC over EAD

[/list]

 

[armie]

# Switch careers. ex: Developer to Manager

I need some thoughts in this ... A guy is working as a developer in company A who sponcered his GC .. He is working with EAD .. Now he works for a second company as a manager of outsourcing with company B -- during the evenings. Is that not legal?

Not everyone want work on evenings. I am talking about primary job.

# Yearly renewal of AP/EAD/Driver's license

D/L more depedendent about state policy. Some state like MI do not care about the D/L and EAD .. they just issue it for 5 years.

Most states don't issue D/L past EAD, give or take few days.

They should issue EAD for 5 years ... this is a easy thing for Govt to give.

They are not doing it.

# Qualify for (lower) mortgage

not true .. I got a low one 4 years back .. then I was still on H1b.

My friend in Florida was turned down for mortage few months ago, becuase he only has 1 year left on H1. His LC is pending. His co-worker who had GC got approved though. BTW, if you bought a house in MI, it won't be pretty when GM, Ford and Delphi layoff 10s of 1000s in 2006.

# Apply for citizenship and hence claim SS if you decide to go back.

why not we demand .. 5 years on EAD U can apply for Citizenship

Demand? I thought by now you would have reliased that demanding won't get you anything as far immigration is concerned, unless you have a few million dollors to bribe a congressman or senetor to lobby on your behalf.

Forget citizenship, one should consider lucky to get GC after 5 years on EAD

 

[Nadi]

Not everyone want work on evenings. I am talking about primary job.

Don't try to make up something and make a case for it .
Where is a law that states that using EAD .. one cannot take up a managerial job from developer job.
When the dependent can pick up from no job to full time job .. I wonder what U are taking about?

GC/H1b/Citizenship is never the case for mortgage .. even a guy sitting in Saudi Arabia can buy a property in Florida and get mortgage ...
The satus is never in question .. but ability to pay and good show at Credit history matters. A Japanese owns our office building .. he sits in Japan .. his banker who paid for the building is in TX ... so thats how it goes.

 

[armie]

Don't try to make up something and make a case for it .
Where is a law that states that using EAD .. one cannot take up a managerial job from developer job.
When the dependent can pick up from no job to full time job .. I wonder what U are taking about?

Just becuase you are not aware of something doesn't mean that someone is making it up.
AC21 clearly states that you should can change jobs only in the same or similar catgeory as the one for your LC/I-140 was approved. In case of dependent, there are no restriction, becuase he/she is the derivative.

There a 100s of posts on changing jobs using AC21 on this forum. Get yourself educated.

GC/H1b/Citizenship is never the case for mortgage .. even a guy sitting in Saudi Arabia can buy a property in Florida and get mortgage ...
The satus is never in question .. but ability to pay and good show at Credit history matters. A Japanese owns our office building .. he sits in Japan .. his banker who paid for the building is in TX ... so thats how it goes.

You are confused between buying a property and getting mortage approval for the same. While there are no restrictions on buying propery, for mortgage approval, duration of legal status can be factor. I know two guys working for the same company/job/salary. The guy with GC got mortage approval while the one on H1 was denied. The mortage company clearly mentioned that duration remaining on H1 being less than 2years is the sole reason for denial.
The guy in Japan or Saudi never bought property on personal mortgage, they would have payed from cash or business loan. So their legal status is irrelevant.

Even for leasing cars from GM has residency requirements.

 

[Nadi]

AC21 clearly states that you should can change jobs only in the same or similar catgeory as the one for your LC/I-140 was approved. In case of dependent, there are no restriction, becuase he/she is the derivative.

You do not need AC21 to get promoted from programmer to manager... there are no rules laid out for EAD as what type of job one needs to do.
So do not complain -- just because U do not have a GC U are not getting promted... there is saying that if U do not know how to dance --- U will complain about the stage..... I know a guy who became a VP of mid size company in H1b ... and later moved to EAD.. So do not try to discourage people with Ur funda.

 

[sertra2002]

Just wanted to add my 2 cents on the 'interesting' discussion here.

It is correct that being on an EAD you are very much restricted in changing careers. e.g A person who applies for GC as a Developer cannot work as a just Chef. His primary job has to be in same/similar capacity (As per AC21). Remember we are not talking of secondary/terrtioary jobs. The person may hold 5 jobs, but one job has to have same duties as specified in the underlying labor. In the same logic a developer cannot become a manager (if this is his only job), as these are not considered similar jobs.

As far as mortgage goes, that depends on individual bank policies, and also on the person who may be approving your loan. Some do not care to find your status, whereas some are picky. I myself was never asked for my immigration status, and got the lowest rates that the particular bank had to offer.

 

[swas]

intersting discussion between Nadi and Armie

This is really interesting. Here is my observations

1) MANAGER - I am on EAD and work for the sponsoring company and planning to switch using AC21. I am getting manager position but loosing sleeps whether they wil later on reject my GC. So in this topic I think Armie is correct that there is a danger of becoming a manager in EAD if you were a developer. Remember we talk of primary job only.

2)Driving licence. REcenly NJ gave license to my wife only 90 days after her EAD expiring. Why cant they issue depending on pending 485. Technically she may not have a EAD and H4 so why cant they issue dl for 4 years? Can somebody comment?


3) mortgage - If I am a Japanese tycoon and have loads of money, yes I can buy property in USA with no mortgage. But we are common people and yes some company like Honda dealer checks your H1 limit and issue loan on that.

4) state-tution - This I never thought. Oh Man I will be doomed if I stay in US longer and if my kid studies here. Good point Armie.

5) Discrimination between EAD and GC - this will go away as more and more people will search jobs in EAD.


Thanks Nadie and Armie for this topic.