vivaforever
08-10 10:47 PM
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dreamgc_real
04-23 02:18 PM
Passage of Immigration reform in the senate was not at all a problem, they have passed it more then once before. It is the house that rejected all of them. No wonder pelosi dosn't want any of it :), but again she is a strong women who passed health care reform... There is more probablity of this thing going through if the house passed the resolution first, just like the other legislation.
Well we got to hold them accountable and not pass the buck around. We should get both congressmen and senators to understand our situation and vote for it.
Well we got to hold them accountable and not pass the buck around. We should get both congressmen and senators to understand our situation and vote for it.
GCanyMinute
09-10 08:42 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
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Kushal
09-15 05:23 PM
Will join...see you all in the chat room
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jambapamba
08-03 05:11 PM
Not advisable for the same company unless the new job duties are changed significantly.:cool:
stucklabor
03-16 12:09 PM
Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.
Eb3_nepa, read my post closely; read the report as well, and then post again.
I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.
Eb3_nepa, read my post closely; read the report as well, and then post again.
I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.
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istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
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bijualex29
05-26 06:51 AM
Analysis of Visa prediction if Bill passes in senate in current form
90,000 visas to clear backlog, 10% county limit.
9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).
Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?
Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.
90,000 visas to clear backlog, 10% county limit.
9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).
Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?
Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.
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mnkaushik
11-08 01:55 PM
amsaleem is right. The exp I used was the one i had prior to my filling date.
fromnaija i dont agree with what u have to say. In my case i used my exp to prove that I can do the job for which my LC was applied for.
Here is my situation.
Worked for 2 1/2 years with an Indian company. Joined the current company in Apr 2001. Applied for my LC on Jan 2004. Got my LC approved on Jan 2006. My lawyers took their own sweet time to apply I 140 and was applied in Mar 2006 and got approval on October 2006. I used my exp from Apr 2001 to Jan 2004 to prove that i can do the job. The job descriptions were very similar. Hope this helps.
fromnaija i dont agree with what u have to say. In my case i used my exp to prove that I can do the job for which my LC was applied for.
Here is my situation.
Worked for 2 1/2 years with an Indian company. Joined the current company in Apr 2001. Applied for my LC on Jan 2004. Got my LC approved on Jan 2006. My lawyers took their own sweet time to apply I 140 and was applied in Mar 2006 and got approval on October 2006. I used my exp from Apr 2001 to Jan 2004 to prove that i can do the job. The job descriptions were very similar. Hope this helps.
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xela
11-13 09:26 AM
so in August there were 3999 waiting in 2001, 2075 in 2002, 4769 in 2003 and 6370 in 2004 then in 2005 its 14 678.....
so really we should be in 2003 by now............
so really we should be in 2003 by now............
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chanduv23
10-29 07:24 PM
The meeting was very well organized. Q&A session with Attorney Prashanti Reddy was very useful. Here are my suggestions:
a) We can have these conferences every two months or whenever core thinks so.
b) I think we should stick to immigration.
c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.
Thanks for coming with your wife - this is the third meet and you both came for all the meets.
Excellent input - we must do more of these. We are expanding now and getting support so I think we are in a position to do more stuff.
Flyers and posters also play a crucial role as a first step to a lot of people.
a) We can have these conferences every two months or whenever core thinks so.
b) I think we should stick to immigration.
c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.
Thanks for coming with your wife - this is the third meet and you both came for all the meets.
Excellent input - we must do more of these. We are expanding now and getting support so I think we are in a position to do more stuff.
Flyers and posters also play a crucial role as a first step to a lot of people.
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aranya
07-03 06:27 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
YES
YES
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viper673
11-14 07:15 PM
Sent to TSC
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lacchij
11-06 11:03 PM
My AP status was changed to Document mailed on 10/29 but i didn't receive anything yet. Heard that Lawyer would be receiving them if you have signed G28.
Keep in touch with your lawyer and ask them to forward it to you as soon as they receive. Otherwise, some lawyers will take their own sweet time to send it.
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
Keep in touch with your lawyer and ask them to forward it to you as soon as they receive. Otherwise, some lawyers will take their own sweet time to send it.
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
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GCapplicant
07-18 01:37 PM
Good Attorney -Even DOL has to be sued for delaying labor approvals and backlog.Thats one of the reason for this huge retrogression.
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chanduv23
11-07 04:55 PM
Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
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jamesingham
03-12 04:54 PM
Requesting folks to share their experiences with me.
Is there any benifit for a H1-B contractor in doing a part-time MBA in General Management ? I am working in I.T software field with 5 years of experience.
I am sure some of the folks may have done this or atleast given it a though.
Any information or your opinion will be highly appreciated.
Is there any benifit for a H1-B contractor in doing a part-time MBA in General Management ? I am working in I.T software field with 5 years of experience.
I am sure some of the folks may have done this or atleast given it a though.
Any information or your opinion will be highly appreciated.
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harivenkat
05-17 02:36 PM
CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.
The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.
Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.
The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.
"The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."
Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.
Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.
Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.
Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.
A judge later agreed to suspend her deportation order and reopen her asylum case.
Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.
In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.
Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.
The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.
Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.
The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.
"The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."
Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.
Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.
Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.
Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.
A judge later agreed to suspend her deportation order and reopen her asylum case.
Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.
In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.
Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.
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eldrick
07-31 04:14 PM
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
gc_chahiye
08-15 05:32 AM
Hi,
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
yes. Remember again: GC is for future job.
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
yes. Remember again: GC is for future job.
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.
Ramba
02-27 07:48 PM
I just sent the fax to senators of my state for amendment to Sen. Specter markup. The current format is not effective.
My main concern is why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill.
Please modify the format.
My main concern is why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill.
Please modify the format.
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