Legally Challenge per country limits
- Thread starter hashitoxicosis
- Start date
i totally agree with jackolantern that if there needs to be a country cap for green cards for Employment based(EB) process that needs to start at the h1b stage itself because its mostly h1bs that end up at the EB process. And thats why we see this baclkog for india since 50-60% of h1b are from india and only 7% at EB level. Its like channeling a deluge thru a small stream.
I understand the pain most people go thru, I myself waited more than 5-1/2 years to get GC with multiple EAD/AP extensions. What can you do? I guess the EB process is ultimately going the same way as FB backlogs and this fact needs to be accepted. I did mention in another thread atleast most people and their families have EADs and this should take a huge burden off their shoulders. Their talented & qualified spouses can now look for work. I am guessing next year the H1B quota may not finish up in a day like this year because most people who are here dont need h1b sponsor, thanks to thier EADs.
Jackolantern
Registered Users (C)
People who already have an H1B and extend it aren't counted against the H1B quota. So EAD or not, they're not using up the quota, except for the spouses who would be seeking their first H1B if they didn't get an EAD.
Well i think the spouses are a substantial if not overwhelming number. i personally know a lot of families who are able to work just becuase they dont need an h1b sponsor any more
gcwhenever
Registered Users (C)
If this had been the case - i.e. country-cap on H-1bs - then there would also have been tremendous pressure from industry to remove the cap since they would never have been able to recruit without the Indians and Chinese in some areas like IT. Or, conversely, they would have had to pay higher wages to USCs or outsource.
There is not much incentive for companies to push for removal of green card caps, their immediate needs are met by H-1bs.
So perhaps one angle to fight on is to ask for a country cap on H-1bs, instead of asking for removal of cap from gcs. This would also please our anti-immigrant friends, and then we would all be working towards a common cause.
Anyone want to write to lou dobbs with this suggestion?
I see your point. Employers just want increase in H1b and do not care about GC quota. I have seen on Oh's website letters signed by several employers written to congress lobbying primarily for increase in h1b quota and also GC quota.
I also see your angle to fight for per country cap on h1b just like GC. For a USC, it may not matter much where the temporary work force comes from. EB immigrant is a different story. There she wants diversity.
There may not be much support to the proposal to introduce caps in h1b.
I also see your angle to fight for per country cap on h1b just like GC. For a USC, it may not matter much where the temporary work force comes from. EB immigrant is a different story. There she wants diversity.
There may not be much support to the proposal to introduce caps in h1b.
If this had been the case - i.e. country-cap on H-1bs - then there would also have been tremendous pressure from industry to remove the cap since they would never have been able to recruit without the Indians and Chinese in some areas like IT. Or, conversely, they would have had to pay higher wages to USCs or outsource.
There is not much incentive for companies to push for removal of green card caps, their immediate needs are met by H-1bs.
So perhaps one angle to fight on is to ask for a country cap on H-1bs, instead of asking for removal of cap from gcs. This would also please our anti-immigrant friends, and then we would all be working towards a common cause.
Anyone want to write to lou dobbs with this suggestion?
If you do EB green card through AOS I would say the only way is to get dual intent visa first "H1" or "L1".
TheRealCanadian
Volunteer Moderator
Not at all. There are plenty of folks who adjust from J or TN.
It is immigration fraud.
I do not say it is not possible, but anytime time for those direct jumpers to AOS from visas without dual intent, there is a chance to get I-485 refusal because they lied when applied for their B/F/J/TN visas.
TheRealCanadian
Volunteer Moderator
Not at all. The law recognizes that intent can change since entry. So long as the intent upon entry was that the current stay would be temporary, that's fine. Again, there are thousands of people who adjust status from B, E, F, J and TN every year without issue. My own wife did so from B status.
Changing one's mind later does not retroactively change the truth into a lie. It can be used to question whether one said the truth initially, but little more.
Reagarding your wife experience, if it was EB case through AOS (not CP) fair move ? What kind of employer she had, who could afford to wait for her LC is approved and she gets EAD/green card (3-4 months minimum), to start working for him ?
I believe you but it is really hard for me to imagine such type of employer, I think USCIS officer also would think that is not straight forward case.
I think you little bit exaggerate it saying about thousands.
I also know more than ten people personally who moved F1-H1-AOS,
I know some moved J1-H1-AOS, I know B1-H1-AOS.
I know J1->AOS that guy won GC in the lottery, I know B1/F1->AOS but they are not EB, they got AOS/GC through relatives or marriage.
Again: I am not saying that is not possible B1/F1/J1-> AOS but it would be suspecious
TheRealCanadian
Volunteer Moderator
She didn't have an employer, she was a derivative beneficiary in my case.
There are thousands of AOS filers; clearly they're not all former H/L holders.
Why should that make a difference, in your argument? Either it's immigration fraud by misrepresentation of intent or it's not. Whether the AOS is done via employment-based, family-based, immediate relative or other doesn't make a difference.
So it is not EB case. Yes her green card was counted as EB.
But technically if you are H1 (with 5 dependents) than it is you, who are granted with 6 EB green cards and your dependants got benefits thru you. You are refused in the middle of way all six green cards cancelled.
I do not want to argue about it, little bit more and I will be covinced that majority of EB green cards were done through B/F/TN/J visas but H and L is kind of small exception.
I thought we originally talked about H1 country cap which applies to EB green cards but not to FB.
Last edited by a moderator:
Jackolantern
Registered Users (C)
Going from F/J/B directly to an EB AOS as the direct beneficiary is rare.
J holders are usually (though not always) restricted by the two-year home residence requirement.
B holders usually have too short of a stay within which to find an employer and get an approved labor certification and have their priority date become current so they can file AOS.
F holders have it a little easier, since they have the one-year OPT to find an employer and work. But again, usually the employer won't file a labor certification during that period, they'll file an H1 first and then work on the green card later. And even if they did file a labor, one year usually wouldn't be enough to get the labor approved and have the priority date become current.
So while it is possible to adjust directly from B/F/J visas as the direct beneficiary, the usual path is through H and L visas and to a lesser extent TN and O visas because of the various obstacles involved with B/F/J.
J holders are usually (though not always) restricted by the two-year home residence requirement.
B holders usually have too short of a stay within which to find an employer and get an approved labor certification and have their priority date become current so they can file AOS.
F holders have it a little easier, since they have the one-year OPT to find an employer and work. But again, usually the employer won't file a labor certification during that period, they'll file an H1 first and then work on the green card later. And even if they did file a labor, one year usually wouldn't be enough to get the labor approved and have the priority date become current.
So while it is possible to adjust directly from B/F/J visas as the direct beneficiary, the usual path is through H and L visas and to a lesser extent TN and O visas because of the various obstacles involved with B/F/J.