Senate Judiciary Committe Meeting?

[indio0617]

According to the AILA, AILA has passed the following immigration proposals yesterday:
Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)
Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)
Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
suppose if 140 is approved then what will happen, we cant apply for 485 if our Pd is not current?
Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
We agree with the AILA that these are not final bills and we have a long way to go to make these proposals into a reality. Businesses, academic institutions, and other stakeholders should keep working with their Congressional representatives to support the Senate Judiciary bill.

zamq:

Thanks ! for sharing. The 'allowing to file for I-485' clause is vital. Let's pray thet the final bill passes without any modifications. we need to keep the momentum going....

 

[everything_gud]

Just read this on Q&A link on www.immigration-law.com

Q82: The Senate Judiciary Committee passed immigration proposals yesterday, October 20, 2005. I see that one of the proposals includes a provision that allows aliens to apply for I-485 before an immigrant visa number is deemed currently available. Can you tell me whether this provision will apply to those whose labor certification has already been approved or I-140 petition has been approved, but could not file I-485 applications? A: We do not have details of this specific provision, but it is almost certain that the current waiters for the visa number availability to file I-485 may be covered by this bill if it is enacted into law. Besides, all those over 300,000 labor certification beneficiaries who are currently stuck at the Backlog Centers will be able to file the concurrent I-140/I-485 together with applications for EAD and Advance Parole as soon as their labor certification is approved. For the PERM filers, of course, they will be able to file such concurrent I-140/I-485/I-765/I-131 as soon as the PERM application is certified. All those RIR and PERM beneficiaries will also be allowed to change employment after 180 days of filing of their I-485 applications regardless of the visa number availability! One interesting question is how this bill affect the importance of priority date. The answer is that it will drastically reduce the value of the priority date in that the only difference which the priority date will make between those who filed (RIR)with an earlier priority date and those who filed (PERM) with a much later priority date will be just different waiting times. When it comes to the immigration benefits, such as EAD, AP, and AC21 change of employment after 180 days, the people in these two different groups will enjoy the same! What a marvellous proposal!

I had posted the same question just today in another thread as highlighted by "zamq"
"suppose if 140 is approved then what will happen, we cant apply for 485 if our Pd is not current?" this will be the case for ppl who recently got their labor approved and filed for 140 thinking that 485 numbers arenot available so atleast get 140 done..

 

[optimistguy]

next steps in this process

I asked Eric Thomas about the next steps in this process for it to be law. Here's his reply:

"The next step is that the language marked-up yesterday will likely be included shortly in the Senate's version of the Budget bill sometime next week. It will then come to a floor vote and who is to say if the language that passed yesterday will be revisited again or not. After it gets through the Senate it would then go on to be negotiated in conference between the House and Senate since they will have different budget bills. "


Lets Hope and Pray it will be done soon.

 

[zamq]

Just read this on Q&A link on www.immigration-law.com

Q82: The Senate Judiciary Committee passed immigration proposals yesterday, October 20, 2005. I see that one of the proposals includes a provision that allows aliens to apply for I-485 before an immigrant visa number is deemed currently available. Can you tell me whether this provision will apply to those whose labor certification has already been approved or I-140 petition has been approved, but could not file I-485 applications? A: We do not have details of this specific provision, but it is almost certain that the current waiters for the visa number availability to file I-485 may be covered by this bill if it is enacted into law. Besides, all those over 300,000 labor certification beneficiaries who are currently stuck at the Backlog Centers will be able to file the concurrent I-140/I-485 together with applications for EAD and Advance Parole as soon as their labor certification is approved. For the PERM filers, of course, they will be able to file such concurrent I-140/I-485/I-765/I-131 as soon as the PERM application is certified. All those RIR and PERM beneficiaries will also be allowed to change employment after 180 days of filing of their I-485 applications regardless of the visa number availability! One interesting question is how this bill affect the importance of priority date. The answer is that it will drastically reduce the value of the priority date in that the only difference which the priority date will make between those who filed (RIR)with an earlier priority date and those who filed (PERM) with a much later priority date will be just different waiting times. When it comes to the immigration benefits, such as EAD, AP, and AC21 change of employment after 180 days, the people in these two different groups will enjoy the same! What a marvellous proposal!

Thanks for this info , Hope those guys who got 140 approved also can apply EAD/AP. but it has to pass in senate, Hope this will pass

 

[priyargc]

Assume this bill (or the proposal of Judiciary senate committe) pass by The house and Senate in budget session and it sign by The President to become a law.
My question is; USCIS will immidiately implement this rule or they will implement it from next FY 2007 (Oct 2006)?
In India, Duel citizenship is between two parliaments and cabinate since last four years.
How fast USA is enacting the law and immplementing it.
If it is quick (say less than six months), it would be great news and every one should cheer up !!

And I am praying. that the priority dates doesn't move a bit until this becomes a law. As there will be 2 benifits.

1) Schedule A worker will continue using the 50,000 Visas numbers
2) Visa numbers will not be used by the dependents. As they won't get an opportunity to Asjust their status.

So it is good people get the oportunity to do Asdjustemnt of status only after this bill is passed

 

[tusharvk]

this issue is related to budget deficit and proposals to reduce it. so is this going to apply only for the fiscal year for which the budget is being proposed (year 05 or 06)? or it is going to apply for all the subsequent years?

spouses are being exempted from eb numbers. where do spouses and dependents get counted then? in family based numbers?
may be I am looking for negatives in this proposal (when there aren't any)?

I asked Eric Thomas about the next steps in this process for it to be law. Here's his reply:

"The next step is that the language marked-up yesterday will likely be included shortly in the Senate's version of the Budget bill sometime next week. It will then come to a floor vote and who is to say if the language that passed yesterday will be revisited again or not. After it gets through the Senate it would then go on to be negotiated in conference between the House and Senate since they will have different budget bills. "


Lets Hope and Pray it will be done soon.

 

[MDGUTS1307]

Will apply for each fiscal year from now on

This will apply for all the years. This will not only apply to FY 2005 or 2006. They plan to get money to flow in and thus made this provision.

 

[GCdreamer2006]

"Relief"

As far as I know this is a "relief" provision. I am not surprised if this is treated with a certain urgency. Let's keep our fingers crossed.

This will apply for all the years. This will not only apply to FY 2005 or 2006. They plan to get money to flow in and thus made this provision.

 

[mkhan21]

Dependents

this issue is related to budget deficit and proposals to reduce it. so is this going to apply only for the fiscal year for which the budget is being proposed (year 05 or 06)? or it is going to apply for all the subsequent years?

spouses are being exempted from eb numbers. where do spouses and dependents get counted then? in family based numbers?
may be I am looking for negatives in this proposal (when there aren't any)?

I also want to have thoughts about what quota will the dependents will be counted against. Please reply. Thanks