HR 392 bill removing per country caps for green cardsDec 4, 2018
This bill is an amendment to the house version of the DHS funding bill which will be voted on in the next few weeks. HR 392 aims to remove the per country caps on employment based green cards and decrease backlog. It will mostly help Indians who have been waiting in line 10+ years and hurt everyone else. Is there still a chance that HR 392 can be passed as part of the DHS bill this month? Pro Indian organizations such as Immigration Voice keep working hard to lobby Congress for this bill and claim that it will pass this month. I am very worried about the possibility that it gets passed.
- Microsoft MwzK56I like how people say it would hurt others whereas now an Indian who came here legally, has applied for an employment based GC in 201x, will pay taxes for decades would realistically be getting it later than someone from ROW who is not even born yet.
- Keep dreaming bro. Without country quota US will become India. Country quota is there to ensure diversity.
- I agree with the second statement and I wish it weren’t the case. But the fact of the matter is, there is a dearth of tech skills in the US which is why recruiters have a bit more difficulty finding people if they don’t sponsor visas. So either we fix the supply-gap within the US (tech education for citizens or hire H1bs), or companies will simply ship the jobs overseas.
The point I am trying to make is more about macro economics when it comes to removing the per country barrier, considering the demand and supply as of 2018. But yeah, very low chance of this thing passing in any case.
- Apple Cim TookTrue. If per country cap is removed US will become India. They will never let that happen.
- Microsoft DesiGoraBest of luck my Indian and Chinese friends. I heard how you guys suffer with dilemma of visa rejections and job loss. All I can suggest is keep working hard to get it removed for your better life.
-Happily married American to an Indian who was on H1B, but a successful Entrepreneur now!
- Tesla / DataHiphipnopemoreCountry caps are there for a reason - to ensure fairness and equality for each country. Otherwise it’s just first in best dressed
- This is unbelievable he is worried that his GC will be delayed even though it seems like he has been in US for few years only but ppl who have been here for ages shud continue to suffer for the rest of their lives. Man this is BS
- When I started employment in US, the wait time was less than a year (2008). It changed dramatically after that. This isn't new, this is how it has been for me.
When I said exactly what you said (folks don't expect things to change dramatically), the answer I got from non indian and Chinese folks was: GC isn't right its a privilege. No one promised you a GC.
- I agree that us immigration sucks, but as well as any other. Try to get a work permit in Switzerland... Harder than in US. Germany is fine but you will have to learn a new language. England? Maybe, but they change rules since 2011, prohibiting graduates to stay. France ... And Italy with unemployment more than 10 % good luck. Canada and Australia maybe. Foreign country cannot be as welcoming as our native one.
- @OnDeck: so we are talking about technology... Not about happiness or life quality or immigration. I remember many countries in the history which were one of the best in technology but not very kind to people who developed it, starting from Egypt with slaves and pyramids, and finishing with Germany just before the WW2. I agree the immigration sucks and I don't have GC too, but not more than other things.
- It's better than being on h1b for ever. If they Introduce merit based system then all the problems u have described will not exist
- I am not sure if removing country quota is even beneficial for Indians working in tech. It will mean much more supply of tech workforce which will surely drop the salary, increase work hours and harder interview due to increased competition.
- Your logic makes no sense. People waiting for green card and who will benefit from HR392 are already in US on work visas for years or decades. How will it increase the supply any more than current ?
Also, how is reducing the backlog and allowing these employees on restrictive work visas to change jobs easier and start their own businesses going to drop salary etc ? It should have the opposite effect if anything since these immigrants are in a better position to negotiate from strength once legal status is settled for good.
- Mine makes no sense and yours makes sense all the time. Great job. Your condescending opinion is ground truth. You must have skipped elementary education. You are not willing to listen to a different opinion, don’t you?
Increased quota means more people getting permanent residence in this country. People would have gone back to India otherwise will not. People who went back can come back after a few years easily as well. How does this not increase the supply? Increased quota also encourages more immigration effort which will result in more software engineers in H1B, L1 and what not (since Indian immigrants are mostly applying as a software engineer).
- Let’s agree to disagree. No one knows for sure how the bill would be implemented if it’s passed. Back to my original question, what do you guys think - is there still a possibility that the bill will pass?
- I read that Schumer (democratic minority leader) might request that this amendment removing country caps gets passed in exchange for approving higher funding for the border wall (part of DHS bill). Is it possible this could happen?
- The odds are low but it is possible. Trump isn't going to climb down from his request for border wall funding, and the Democrats are certainly not going to divert other budget resources for it. Something has to give, and that leaves the legal immigrants on green card backlogs to pick up the tab in return for HR392.
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- Microsoft GandalfeeIf you want EB1, computer science is not a good field. Only a very few can have qualifications. If you did in Bio or chemistry though, it is not difficult. This is because you need to publish the papers in high impact journals. In CS, conference paper matters more. Even top journals in CS have less Impact than most of average Bio journals.
- I think if it passes, it will be implemented retroactively starting October and it might have immediate effect. Probably the priority dates will retrogress quickly. The ramp up period just means that during the first 3 years, ROW (all countries except India and China) will still get some green cards. But it is not clear if all I-485 forms already submitted by ROW will be processed within those 3 years.
- Do you have numbers to back it up? Once you have applied i485 forms and ap EAD, why would these matter much?
I know of folks on AP EAD for 10 years, thanks to backlog. You are complaining that after AP EAD you won't get GC in < 3 years? 😲
Oh of course you are from row! You are more important than anyone else!
- I don’t have an approved I-485.
I do have an EAD/AP. However it’s not recommended to work on EAD without any underlying status because then if your I-485 is denied, you will be out of status immediately (without even any grace period). Also if you try to enter the US with AP, it is not guaranteed that you would be admitted in the US. Moreover, once you use the AP, you lose your underlying status (if any).
- Yep exactly! That's what my friend has been going through for a decade. My close friend couldn't (on h1) go to his father's funeral. He is in the line for 9 years. 6 years in AP EAD.
Every time folks complained, the answer from ROW folks has been:
GC is not a right it's a privilege. No one guaranteed you a GC. Hmm...
- Because, EAD gives you access to jobs that h1 doesn't. You can move or change company.
Again, you are spreading fud in many threads. USCIS processes in the order they were filed. If new petitions come they only increase processing time for new applications. This is how they have been doing for a long long time - only exception to that is premium processing suspension - where they clearly state they can't honor the processing timelines.
- My worry is that I would not be able to get a green card in the next 10 years if this bill passes. I filed for adjustment of status on July and am not from India. I need to get my green card next year as I don’t even have an H1-B and am on STEM OPT
- Why are u spreading misinformation? Did you read the bill? It has a 3 year ramp period. You shouldn't have any delay in your timelines.
However, have you wondered how much your indian colleagues who can never get theirs in their lifetime would feel when you mean ' I don't care whether they rot, as long as I am safe all is good'.
- Actually if the bill passes, people with priority dates of 2008 or so and later will be processed first even though my adjustment of status is already filed. So a visa number might not be available for me in the next 3 years or more.
To your other point, the bill would not help the majority of Indian applicants, only the ones who filed 10+ years ago..
- Op what is your worry ? Are you worried about consultant companies in deep trouble after this bill passes or something else?
- Microsoft x64Literally, there is more chance of me becoming President than this ever passing.