Great news - Hold on H.R. 3012 lifted

[sashikanth]

Great news guys,

Senator Grassley haslifted his ban from HR3012

http://www.grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=41746

Does this impact on our current EB2 PD? generally how long it takes this bill to live?

Cheers to IV

[nineballs]

nice find. And Great news. If this bill becomes a law, I guess it had an effective date of 2014 or 2015. Once this becomes effective, the green card wait time for everyone should decrease drastically.

I wish this becomes law very soon and it brings happiness to all non-immigrants waiting for the green card.

admin@pickdaycare.com

[Belle]

Do you realize that it has poison pill, which makes it even harder to get an H1? Doyou realize that more consessions will be asked for this become the law? Or you don't care about those who are trying to get H1 now - those losers were born too late, right?

[andisash]

Will it help EB3 category too:(

[shandan]

There is a big question mark on who actually it will help and how, let is first follow its course and be signed in to the law and then wait till 2014-15 when its provisions start to get in to effect to find out.

[Desi Dude]

Do you realize that it has poison pill, which makes it even harder to get an H1? Doyou realize that more consessions will be asked for this become the law? Or you don't care about those who are trying to get H1 now - those losers were born too late, right?

So you are saying, once this goes into effect, we will see unused H1B visas from the annual quota? Can you explain how this will happen?

[catx]

Great news. If this bill becomes a law, I guess it had an effective date of 2014 or 2015. Once this becomes effective, the green card wait time for everyone should decrease drastically.

Not true. Not to open the debate again, but it is worth pointing out that ROW could well see years added to their wait.

It is also important to note that (i) the 'compromise' is an amendment, so the bill would have to go back to the House if passed by the Senate, (ii) there is the potential of other amendments, such as the Irish E-3 visa that I have seem being discussed, (iii) there are some very real (constitutional) questions about the additional DOL policing powers. As I have seen posted the 'compromise' may well have been crafted so that the bill gets caught up in political and constitutional issues (e.g. "poison pill").

A proper employment based visa reform bill needs additional visas being made available, e.g. through recapture, not counting spouses and dependents, STEM, to be good for all aliens seeking permanent residency. ("A rising tide floats all ships.")

[Pokymon]

I think effective date is still 2012. USCIS will implement immediately upon President's signature. It will benefit mostly EB3 India and China since they are the once suffered a lot in the last decade. I think EB3 with PD prior to 2006 will be current by September 2014. I think new comers will have to wait for another 5 to 7 years for GC since there are many pending applications.

[nineballs]

I don't understand how this will impact getting new H1b visas. I read about it and I just saw that this law will remove the country cap Visas. Belle, Can you please explain how is this going to impact the new H1B visas?

[visaven]

Do you realize that it has poison pill, which makes it even harder to get an H1? Doyou realize that more consessions will be asked for this become the law? Or you don't care about those who are trying to get H1 now - those losers were born too late, right?

I have a very limited knowledge on this bill - could you enlighten me why you say this? As per my understanding, they just do more audits for H1Bs, and it should not be a problem for legitimate cases, isnt it? Or, am I missing something important here?

thanks

[JoeF]

I think effective date is still 2012. USCIS will implement immediately upon President's signature.

First, it has to get approved by the Senate.

Then it has to go back to the House, because there is a material change, so it would have to get approved by the House as well.

Only if both the House and the Senate have approved a bill, then it goes to the President for signature.

And with the H1 stuff in there, I expect a legal challenge to the bill, so it may all be short-lived.

[JoeF]

I have a very limited knowledge on this bill - could you enlighten me why you say this? As per my understanding, they just do more audits for H1Bs, and it should not be a problem for legitimate cases, isnt it? Or, am I missing something important here?

The important stuff you are missing is that there is no judicial oversight for the H1 audit stuff. That's very problematic to say the least.

[desigun]

This bill does not increase the size of the pie, it just re-allocates the existing cap among other countries. That has been the big concern of the gurus here. I don't think they object to higher restriction on H1B's, considering that they are advocates of spurious H1B sponsors.

Just because of the demographics/size, no country should have an unfair advantage in terms of immigration.

[karthikdinakaran]

Joe, Belle, experts...

with the hold now released and prevailing current political situation.

what would you think the next steps for this bill to get clear in senate and congress (if needed).

Do you think it's viable for this bill to even pass.....

Your comments are very much appreciated.

Joe - Where are you. what's your take on this.

[Belle]

So you are saying, once this goes into effect, we will see unused H1B visas from the annual quota? Can you explain how this will happen?

No, if it goes into effect a lot of people may get their LCAs stuck in audits, without ever having them approved, and thus they won't be able to file their H1 petition, which will cause them to go out of status or become illegally present. We will also see a lot fewer legitimate H1 employers wanting to go through this pain in the side, and a lot more desi consultants filing LCA petitions en masse so some of them go through.

[tusharvk]

Many such great news I have seen

Until it can be signed by president it is non issue

Unlikely in election year

[tkj1970]

If the bill is approved, effect will be starting October 2012. EB3 will move forward drastically. When per country quota is removed, 40,000 visa will become available for EB3 category in a first in first out basis - means oldest priority dates get first preference. EB3 could move to year 2005. Yes the amendment added will prevent misuse of H1B

[JoeF]

If the bill is approved, effect will be starting October 2012. EB3 will move forward drastically.

Except that it won't, as simple math shows.

First, the quotas are not removed immediately.

And second, there aren't all that many ROW visa numbers that could be redistributed.

If you really believe EB3-I would move forward a lot, you are in for a big surprise. All this bill would result in is retrogressing EB3-ROW drastically.

[Mpurush]

As I understand from Belle/JoeF posts is that: (i) there will be increased scrutiny of H1 applications, (ii) there is no judicial oversight of H1 audit stuff. I am all for increased scrutiny of H1 applications. That category of visa has been abused left and right by mostly desi consulting companies. However, the negative effect will be that some of the genuine H1 cases can get affected which cannot be legally challenged because, as Joachim pointed out , there is no judicial oversight.

[Belle]

Yes the amendment added will prevent misuse of H1B

No, they won't. If I know anything about people's behavior (and since it is my profession, I just might) it will only increase the abuse because it will further discourage legltimate employers from sponsoring H1s. H1 visas are not abused because they are easy to get - they are abused because they are hard to get and good employers don't want to bother, thus, leaving the pool to the bottom feeders.

[Belle]

I am all for increased scrutiny of H1 applications. That category of visa has been abused left and right by mostly desi consulting companies.

The truth is that H1 is abused because it is over-regulated and most good employers would not touch it with a six-foot pole. If the category had been less regulated, it would be way too easy to change jobs, and the desi consultants would not be as eager to abuse it - since people would just leave. Over-regulation has the opposite effect (and antis know it - that's why they are so keen on more of it) - it makes it more difficult to change jobs, and thus people are locked into their jobs, giving an opportunity to desi consultants to feast. To reduce the abuse, the category needs to be de-regulated.

[Desi Dude]

No, if it goes into effect a lot of people may get their LCAs stuck in audits, without ever having them approved, and thus they won't be able to file their H1 petition, which will cause them to go out of status or become illegally present. We will also see a lot fewer legitimate H1 employers wanting to go through this pain in the side, and a lot more desi consultants filing LCA petitions en masse so some of them go through.

Well, if there is a need companies will sponsor H1Bs. If the companies can find citizens or GC holders for that position, they will not file H1B. Wasn't this the real purpose of H1B? Its a simple case of Demand & Supply.

Because of the H1B abuse all these years, genuine people have been affected. Visas are exhausted in few weeks or months because the Big 5 Indian companies eat up all the visas even when most of their employees won't be using H1Bs for a long time or never. Genuine people get stuck in Visa stamping because of this abuse.

[JoeF]

Well, if there is a need companies will sponsor H1Bs. If the companies can find citizens or GC holders for that position, they will not file H1B.

That is not quite how things work.

There is no requirement for a company to search for US citizens or PRs before filing an H1. That requirement exists for a GC only.

For an H1, the job opening just has to be posted on the company premises.

[Belle]

Well, if there is a need companies will sponsor H1Bs. If the companies can find citizens or GC holders for that position, they will not file H1B. Wasn't this the real purpose of H1B? Its a simple case of Demand & Supply.

You can always find one citizen or an LPR to cover a position, but it is impossible to cover 10,000 openings with 5,000 citizens and LPRs. So, simple presence of citizens and LPRs in the profession does not mean that H1Bs are not needed. This means that citizens or LPRs of much lower skill will have to be hired, and I know countless cases when it happened, and it usually works out not so well. Still, for many it is less pain than hiring on H1.

The more difficult and unpredictable the H1 process, the more of the visa will go to the desi consultants.

[cap-gap]

All this bill would result in is retrogressing EB3-ROW drastically.

and why should it not be so? EB is not meant for genetic diversification of US..there are other categories fo which I&C are not eligible..EB is purely and simply to acquire skilled workers irrespective of their origin..