Finally EB2 retrogressed and EB3 became available at ridiculous date
- Thread starter inetuser
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rest_2004_free
Registered Users (C)
Basically...
If you are from India or China and are filing in EB3....you cannot apply 485...unless your labor was filed before Jan1 1998(retorgression date). So no EAD and travel documents.ultimately no GC soon.....need to be on H1 until that retrogression date moves to sometime in 2004 when you applied your labor or 2005 if you apply PERM now.
So you might want to know when that date will move forward. For EB3, current estimates indicate it will move 1 year forward after every 4 years. In other words in order to move to 2004, it should take 4*(2004-1998)=4*6=24 years! No kidding!
Why does it take so much time?
Basically Indians get 2800 visas every year in EB3 category, by visas I mean Green Cards. So in the year 2000-2001 they gave 195000 H1s every year. All those people in that batch must have applied for GC...Out of them many could be from India. Let us say there are 5000 indians on H1 from that group which is a small number. There should be 10000 atleast waiting if you add their spouses and children to the green card applications. So they demand is atleast 1:5 ratio (available quota to applications). They want to restrict the flow now.
Basically those who applied before the retro escaped and applied 485, however their applications will not be touched until their dates become current as well. They can get EAD benefits but they will not get GCs.
Solution?
1. Congress must intervene and increase the quota -- slim chance
2. Congress must pass a bill to use unused visas to that effect, meaning let us say there is a quota from some country X and there were not many applicants from that country. Lot of visas are available for people from those nations. In that case, they can use those visas to clear some applications from India. -- possible, however the effect will not be much since the number available could be smaller and it needs to be distributed between china, india, mexico.
What should you do?
1. Seriously consider to apply your labor as soon as possible, if you have one pending with an older priority date(date when the labor was filed with DOL). Then use it for applying 140. Applying PERM now does not help you in the long run if you already have labor pending in BEC. Once you apply 140, you can go back to your home country come back in 20 years and if you can find the same job with the same company, you can get gc then.
2. Consider other avenues of living other than US.
If you are from India or China and are filing in EB3....you cannot apply 485...unless your labor was filed before Jan1 1998(retorgression date). So no EAD and travel documents.ultimately no GC soon.....need to be on H1 until that retrogression date moves to sometime in 2004 when you applied your labor or 2005 if you apply PERM now.
So you might want to know when that date will move forward. For EB3, current estimates indicate it will move 1 year forward after every 4 years. In other words in order to move to 2004, it should take 4*(2004-1998)=4*6=24 years! No kidding!
Why does it take so much time?
Basically Indians get 2800 visas every year in EB3 category, by visas I mean Green Cards. So in the year 2000-2001 they gave 195000 H1s every year. All those people in that batch must have applied for GC...Out of them many could be from India. Let us say there are 5000 indians on H1 from that group which is a small number. There should be 10000 atleast waiting if you add their spouses and children to the green card applications. So they demand is atleast 1:5 ratio (available quota to applications). They want to restrict the flow now.
Basically those who applied before the retro escaped and applied 485, however their applications will not be touched until their dates become current as well. They can get EAD benefits but they will not get GCs.
Solution?
1. Congress must intervene and increase the quota -- slim chance
2. Congress must pass a bill to use unused visas to that effect, meaning let us say there is a quota from some country X and there were not many applicants from that country. Lot of visas are available for people from those nations. In that case, they can use those visas to clear some applications from India. -- possible, however the effect will not be much since the number available could be smaller and it needs to be distributed between china, india, mexico.
What should you do?
1. Seriously consider to apply your labor as soon as possible, if you have one pending with an older priority date(date when the labor was filed with DOL). Then use it for applying 140. Applying PERM now does not help you in the long run if you already have labor pending in BEC. Once you apply 140, you can go back to your home country come back in 20 years and if you can find the same job with the same company, you can get gc then.
2. Consider other avenues of living other than US.
nandurani said:
In 20 years many Indians'll become real MUMMIES
But I'll become multimillionaire After that I won't even consider EB5: who gives a sh*t US GC? I'd rather build my own country.
"Whether 'tis nobler in the mind to suffer the slings and arrows of outrageous fortune, or to take arms against a sea of troubles, and by opposing end them?"
- Hamlet, William Shakespeare
But I'll become multimillionaire
After that I won't even consider EB5: who gives a sh*t US GC? I'd rather build my own country."Whether 'tis nobler in the mind to suffer the slings and arrows of outrageous fortune, or to take arms against a sea of troubles, and by opposing end them?"
- Hamlet, William Shakespeare
rest_2004_free said:If you are from India or China and are filing in EB3....you cannot apply 485...unless your labor was filed before Jan1 1998(retorgression date).
(...)
So you might want to know when that date will move forward. For EB3, current estimates indicate it will move 1 year forward after every 4 years. In other words in order to move to 2004, it should take 4*(2004-1998)=4*6=24 years! No kidding!
This is correct. There is one more important thing.
The 245i amnesty in April of 2001 made so many people apply for EB3 category it will take a minimum of 15 months to review these applications only! This means there is only 1 month of April 2001 that will take well over 1 year for the others to wait. (We can't forget the DOL's ability to extend the delays - it might easily become a 2 years job)
With the retrogression in place there is literaly NO WAY TO PREDICT how long an applicant would wait for his dreamed GC.
The worst scenario is MANY years of waiting. (For nandurani well over 6 years now)
Practically speaking the system is closed for current immigration.
This means there is no sense of staying longer as an alien.
There are however many interesting opportunities in Canada with their system being smooth and friendly.
The growth in some provinces is higher than the growth in the USA.
The real estate is less expensive and being affordable makes Canada more atractive for immigration.
Health care is less expensive, taxes were lowered and in some provinces they are lower than in California!