Senate Committee to Consider Immigration Relief Provisions

This is the best news that I heard of after this retrogression mess started.
Hope it gets implemented (but the EB increase of 90K is still less compared to the backlog. But something is always better than nothing).
 
Immigration bills

Spent a few days looking through some of the immigration bills, senate judiciary comittee testimonies and so on.
There is clearly an intent at the legislative level to fix the immigration mess. It seems predominantly focussed on the illegal immigrant problem, but with some provisions for the employment based immigration as well. It does not appear that the majority of americans or legislators are against expanding legal employment based immigration if they can get provisions with teeth at controlling the illegal immigration problem.
The upcoming testimonies in front of the senate judiciary comittee will be quite interesting. It will be especially interesting to see any difference in the winds to the hearings on July 26th.
I am optimistic there will be some legislative action within the next year, as it would appear to be one of the few issues that President Bush could bring together some consensus on. In this light the disarray that conservative republicans are in might after all work out well for a more centrist solution.
I think the employer/business community albeit not as staunchly supportive of the immigrant workers are still somewhat on our side, their vociferousness being somewhat quelled by a variety of factors not the least of which is the ease of outsourcing a lot of work.
Finally I am linking to a couple of places. One is a senate testimony by Tamar Jacoby of the manhattan institute, and the other is a number of proposals put forth by the business community and which will no doubt recieve discussion in the upcoming hearings.

http://www.manhattan-institute.org/...oby07-26-05.htm

http://pubweb.fdbl.com/news1.nsf/9a...00?OpenDocument


So overall, I think the current mess is about as bad as it will get. There is likely to be some improvement, the exact increment of it and who will benefit maximally of course is all up to the vagaries of politics and ultimately for us luck.
So, overall guys and girls though this retrogression hurricane hit all of us. There is hope.

Best wishes.
 
Got a letter from Democratic congressman

I received a letter from democratic congressman, as a reply for my letter to support the immigration reform bill. He is negative about Bush's plan for immigration reform expecially, guest worker visa. He mentioned that lot of rebate is required. I feel cenrtainly, he will vote against it.

Let us see how it is going to be ....
 
That's what I said.

Americans are increasing the pressure against any bill that benefits illegal aliens, such as this S.1033 bill. That's why. When I communicate with US representatives, I prefer to focus on the need to increase the EB numbers. I would not focus to get this McCain bill passed. What matters is there are other bills coming that addresses increased in EB visa numbers without the burden of favoring illegal aliens.


can_card said:
I received a letter from democratic congressman, as a reply for my letter to support the immigration reform bill. He is negative about Bush's plan for immigration reform expecially, guest worker visa. He mentioned that lot of rebate is required. I feel cenrtainly, he will vote against it.

Let us see how it is going to be ....
 
seems like it may fly ?

This Budget bill (link at the start of thread) is different than Comrehensive Imi. Reform Bills and seems to address only EB and H1 numbers situation. I think it has greatest chance of implementation as it is not touching other complex issues of illegals and seeks to change only minimal things which makes sense (e.g. recapturing EB visa lost in last fiscal years due to INS being slow ..). Also this is tied with other budget issues and budget bills usually go through the process quickly.

Your thoughts ?
 
Marlon is 100% correct.

Though Kennedy/Mccain brings some relief to retrogression, the main purpose of this bill is something else. If I were an American Citizen, I would not support it.
 
This part is even bigger than the extra 90K.
Spouses and children would no longer be counted against the overall limit, which in itself would free up a substantial number of visas.
Given that this is focused on legal immigrants and it comes with major fee increases, and the politicians love the extra spending money, this probably has a realistic chance of passing IMHO.
 
What's your interpretation ?

I totally understand that the link discussed here brings relief to the folks who could file I-140, since they could be eligible to apply for EAD + AP.
How about relief for us with the I-140 approved and I-485 pending ? Do you think the text below is saying such relief would generate increase in the current Visa numbers ?


The proposed language would provide that the worldwide level of employment-based immigrant visas would include the sum of (1) a baseline pool of 140,000 visas; (2) the number of unused family-based immigrant visas from the previous fiscal year; and (3) the number of unused employment-based immigrant visas from all previous fiscal years (excluding visas allocated to "Schedule A" categories) or 90,000, whichever is less.



MDGUTS1307 said:
Any idea when this will be considered by the committee ?
 
$500 will make great improvement

maith said:
The article says that this will be first examined on Oct 20, 2005


Sounds ridiculars, but it can be very true. One or two paragraph in the budget bill will solve many employment based GC applicants problem. Let's encourage our employers to give support to this.
 
In agreement

Absolutely, this will alleviate the problem a little bit atleast we can get EAD/AP and not be totally tied up as modern slaves :(
 
Adjustment of Status

The proposed language would also provide that an individual for whom an I-140 immigrant visa petition with supplemental $500 fee is filed may file an adjustment of status application even if a visa number is not immediately available. The adjustment application can still not be approved until a visa number is available (i.e., until the beneficiary's priority date is current), but the filing of an adjustment application presumably entitles the applicant to the ancillary benefits of an adjustment filing, including eligibility for an employment authorization document (EAD) and an advance parole travel document. Beneficiaries of I-140 petitions which are pending on the date the law is enacted may, upon the payment of the supplemental petition fee, take advantage of the opportunity to file an adjustment application even if their priority dates are not yet current. However, the bill would appear to preclude beneficiaries of previously approved I-140 petitions from benefiting from the opportunity of applying for adjustment of status under this provision

So if I-140 is approved/retrogressed you can't file AOS but I-140 is pending/retrogress you can. This does not make sense. I hope senate will rectify this issue.
 
Help very little. This idea of AC21 portability rule is kind of very limited. It would only help if you COULD CHANGE TO ANY, UNRESTRICTeD JOB. The idea of changing jobs to similiar position is lame and it forces new employer to send letter to USCIS. Many new employers walk away from offering you a job when learn about this requirement.

maith said:
Absolutely, this will alleviate the problem a little bit atleast we can get EAD/AP and not be totally tied up as modern slaves :(
 
marlon2006 said:
Help very little. This idea of AC21 portability rule is kind of very limited. It would only help if you COULD CHANGE TO ANY, UNRESTRICTeD JOB. The idea of changing jobs to similiar position is lame and it forces new employer to send letter to USCIS. Many new employers walk away from offering you a job when learn about this requirement.
They don't have to send the AC21 letter immediately upon hiring. Get hired, start working, and then persuade them to write the letter.
 
Jackolantern, obviously AC21 is better than nothing since that may help folks who get laid off, or folks under hostile working conditions ,etc.
For most of us, the problem is who would risk to persuade the new employer to write letter that matches the ETA 750 "later" ? What happens if the new employer denies your request. It is a cumbersome process.

Jackolantern said:
They don't have to send the AC21 letter immediately upon hiring. Get hired, start working, and then persuade them to write the letter.
 
It's still much easier to persuade them to send the letter after you're already working for them and have face to face access to management. Once you're physically there and can bug them about it, eventually they'll send it if you explain the legal consequences.

Yes, there is a risk that they'll be stubborn and still won't send it, but it's even a bigger risk to stay with a horrible employer. Just don't make the mistake of jumping from one exploiter to another. With an EAD you have far more options than you had with your H-1, so you don't need to rush to grab the first offer you get ... you can evaluate the companies more carefully before you join them.
 
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