HR 392 bill removing per country caps for green cards

Amazon lDDH24

Dec 4, 2018 91 Comments

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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.

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TOP 91 Comments

Microsoft MwzK56
I 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.
Dec 4, 20185 20
- Amazon 123raj
  Aww! Bunch of desis uniting to bring someone else down with personal attacks. Very typical and so Indian.
  Bravooo!! 👏🏽👏🏽👏🏽
  Dec 4, 20182
- Facebook MadMin
  You are desi as well, you’re like the desiest desi
  
  Why you indians hate each other so much ? @123raj is a burning example of that.
  Dec 4, 20181
- Amazon 123raj
  What i an example of is showing desis the mirror who run away from responsibility.
  Who'll be subservient as f in other countries but when they're in India would show off like a smug NRI so btfo.
  Dec 4, 20182
- Facebook MadMin
  And you’re acting exactly like that.
  
  Seriously dude, why so toxic to your countrymen . geez..
  
  Who hates people of his own race in public?
  Dec 4, 20181
- Facebook MadMin
  Go see a psychologist, you’re mentally sick
  
  You are insulting yourself indirectly
  Dec 4, 20180
- OnDeck max2387
  Lol like I said before Indians who get their GC become assholes . he is a prime example of that. Passing this bill will be a nice tight slap on his face
  Dec 5, 20182
- Amazon 123raj
  Lmao! The amount of butt hurt!
  @Ondeck- the probability of your ass getting kicked is higher than anything else.
  Dec 5, 20182
- OnDeck max2387
  Lol I am switching jobs. But even then it does not matter. Go login else ur manager might give u poor rating and Amazon might boot ur loser ass
  Dec 5, 20181
- Facebook MadMin
  @123raj we should deport you, toxic and fake people like you don’t deserve to be here.
  
  Condemning his own country and people, such a loser. A Racist who hates his own race 😅
  Dec 5, 20182
- Intuit tgfi
  @123raj - want to meet IRL to see if you’re this brave with your words in person?
  Feb 80
Microsoft @S Nutella
Keep dreaming bro. Without country quota US will become India. Country quota is there to ensure diversity.
Dec 4, 201816 4
- Microsoft MwzK56
  Diversity makes sense to me, that’s why there’s the 50k annual diversity GC lottery. But for employment (especially in tech) country of birth is rather arbitrary don’t you think?
  Dec 4, 20183
- Microsoft @S Nutella
  Tech should also have diversity. Already too many Indians and Chinese, and they prefer hiring their own people.
  Dec 4, 20189
- Microsoft MwzK56
  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.
  Dec 4, 20180
- Microsoft Shhebdj
  They are not finding talents they are looking for because people that can satisfy their standard are mostly the people from the same country. Unconscious bias is strong in many many people in tech.
  Dec 4, 20181
Symantec / Eng0x80007005
U hv nothing to worry, this bill won't see the light of day
Dec 4, 201821 0
Apple Cim Took
True. If per country cap is removed US will become India. They will never let that happen.
Dec 4, 201810 2
- Salesforce Bigly123
  How will US become India, can you elaborate? Only 15% of the visas are employment based. Of these 15% majority of the people are already in US.
  Dec 5, 20180
- Uber / EngBonzai
  No, it’s true.. I heard they were shipping over Narmada damn on 4 oil tankers. Amit Sharma is becoming mayor of New Jersey. If this passes GOP m movers are obliged by law to touch the feet of a cow before every vote
  Dec 7, 20180
Microsoft DesiGora
Best 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!
Dec 4, 20189 0
AMD / EngLEtV72
No way this will be passed. You can relax!!

- indian H1B waiting for GC since 2011
Dec 4, 20189 0
Tesla / DataHiphipnopemore
Country caps are there for a reason - to ensure fairness and equality for each country. Otherwise it’s just first in best dressed
Dec 4, 20183 7
- DoubleVerify Karius123
  Yes, it is very fair to deny first come first serve and to keep someone on temp visas for 70 years whereas that person's colleague with the same job and pay gets it in 6 months, all because they were born in different countries.
  Dec 4, 20182
- Synopsys wFatDuck
  Seriously the mental gymnastics folks are willing to do to oppose a fairer system
  Dec 4, 20182
- Tesla / QALe Tigremore
  Karius, it’s to ensure diversity. To ensure that there’s a good mix of cultures joining the melting pot, too much of any one influence can cause problems.
  Dec 5, 20180
- DoubleVerify Karius123
  Diversity visa exists for a reason. As an employer should I hire the best available talent or someone else just because of diverse country of birth ?
  Dec 6, 20181
- Tesla / QALe Tigremore
  We’re talking about Greencards here buddy, you can still hire whoever you want, it’s first in best dressed for work visas...next argument?
  Dec 6, 20180
- DoubleVerify Karius123
  Yea, and I was talking about diversity immigrant visa aka green card lottery, "buddy".
  Dec 7, 20180
- Tesla / QALe Tigremore
  Keep up babe
  Dec 8, 20180
OnDeck max2387
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
Dec 5, 20181 12
- Google skillet
  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.
  Dec 5, 20182
- OnDeck max2387
  That's what immigration rules are for. They are allways up for a change to make things fair. HR392 will make it fair for everyone
  Dec 5, 20180
- OnDeck max2387
  Skillet that is a great answer. Sw100 hope that makes sense
  Dec 5, 20180
- Synopsys sw100
  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.
  Dec 5, 20181
- OnDeck max2387
  But it works both ways and that's why US is ahead of any those countries. Else the companies will start outsourcing. But that's a different topic
  Dec 5, 20180
- Synopsys sw100
  I am not sure that US is ahead of Germany, Switzerland, Denmark, and Netherlands. You should be truly American to think so, which gives u the right to get Green Card immediately. But I got your point
  Dec 5, 20180
- OnDeck max2387
  In technology it is 100%
  Dec 5, 20180
- Google skillet
  @synopsys: I don't know which country you are from, but I appreciate that you were open to a different opinion! Appreciate.
  Dec 5, 20181
- Synopsys sw100
  @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.
  Dec 5, 20180
- Synopsys sw100
  News update: Uk stopped "investment visa" processing and is going to make the rules tougher. Just to support my idea that immigration sucks
  Dec 5, 20180
OnDeck max2387
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
Dec 4, 20182 1
- Synopsys sw100
  Body shopping companies will not exist either
  Dec 4, 20181
Amazon 6” Indian
Not even a chance. I’m Indian btw
Dec 4, 20183 0
Microsoft Shhebdj
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.
Dec 4, 20180 3
- DoubleVerify Karius123
  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.
  Dec 4, 20181
- Microsoft Shhebdj
  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).
  Dec 4, 20180
- Microsoft @S Nutella
  They will hire more Indians directly from India. 100% GC will go to Indians. Ripple effect will be massive, diversity in tech will be gone completely.
  Dec 4, 20181
Synopsys sw100
I am Indian, as well as 60% of my colleagues. If they make it a law, we reach 80% and switch to Hindi 💯 % ;) since others will not understand us, they will leave, and we occupy the company first and after the whole Bay Area !
Dec 4, 20182 0
Amazon lDDH24
OP
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?
Dec 6, 20180 3
- Google dummigrant
  It should be implemented the way bill was written. That's how all bills are implemented. What do you mean no one knows how it would be implemented. Can you explain?
  Dec 6, 20180
- AMD / EngLEtV72
  There can be amendments added. Nothing is off the table until it's passed. Bills go through last minute changes all the time.
  Dec 6, 20180
- Google dummigrant
  That's always the case for any bill that hasn't passed - the question was about 392 in it's present form.
  Dec 6, 20181
Amazon lDDH24
OP
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?
Dec 4, 20180 3
- Amazon 123raj
  Lol no
  Dec 4, 20181
- Microsoft ThisOrThat
  Schumer is unreliable shmuck
  Couple of years ago he was against illegal immigration, now he is for it.
  Illegal immigrants right now are top priority for Dems
  Dec 4, 20180
- DoubleVerify Karius123
  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.
  Dec 4, 20180
Uber / EngBonzai
As so many of my row friends on blind have told me, gc isn’t a right it’s a privilege. #justleave
Dec 7, 20181 0
This comment was deleted by original commenter.
- Microsoft Gandalfee
  If 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.
  Dec 5, 20180
- Google skillet
  Again - op isn't answering me about the real one - there is a rampup period and it shouldn't affect OP.
  Dec 5, 20180
- Amazon lDDH24
  OP
  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.
  Dec 5, 20180
- Google skillet
  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!
  Dec 5, 20180
- Amazon lDDH24
  OP
  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).
  Dec 5, 20180
- Google skillet
  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...
  Dec 5, 20180
- Amazon lDDH24
  OP
  Most folks in backlog have H1-B and approved I-140 so they can extend their H1-B indefinitely on the basis of that. Why would they need/use the EAD? I myself was not selected in the H1-B lottery two years in a row and still don’t have H1-B.
  Dec 5, 20180
- Google skillet
  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.
  Dec 5, 20180
- Amazon lDDH24
  OP
  That is not entirely true for adjustment of status applications. If suddenly there is retrogression for your GC category, a green card will not be available for you and green card interview will not be scheduled until your visa category becomes current.
  Dec 5, 20180
- Google skillet
  Again - that is where the rampup comes. Please double check today's numbers, but when I checked a few years ago, it meant everyone who had applied before the passing date would not be impacted at all
  Dec 5, 20180
Amazon lDDH24
OP
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
Dec 5, 20180 3
- Google skillet
  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'.
  Dec 5, 20180
- Amazon lDDH24
  OP
  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..
  Dec 5, 20180
- Google skillet
  More misinformation. Again - did you read the rampup?
  Either you didn't read or you didn't understand it.
  
  10+ years? Where did you get this info? Keep spreading misinformation. Which country are you from?
  Dec 5, 20180
Google skillet
Op what is your worry ? Are you worried about consultant companies in deep trouble after this bill passes or something else?
Dec 4, 20180 2
- Synopsys sw100
  There is already hyper-inflation on sari in Bay Area. If the bill pass, it will become even worse...
  Dec 5, 20180
- Google skillet
  Seriously? Is that your concern?
  Dec 5, 20180
Microsoft x64
Literally, there is more chance of me becoming President than this ever passing.
Dec 12, 20180 1
- Synopsys sw100
  If you were born not in US, your chance to become President is zero... But Obama did it ;)
  Dec 12, 20180
Synopsys sw100
I would be very surprised if it passes this year.
Dec 6, 20180 0

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HR 392 bill removing per country caps for green cards

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