Pandora's Box

[eBhola]

A Senate budget bill on the floor included provisions that would exempt spouses and children of highly skilled immigrant workers from counting toward the annual 140,000 cap on green cards, allowing the government to issue employment-based visas to 90,000 more workers than in the past..

Hey that will be great .. but it might be like opening Pandora's Box for some.

The dependents may have to line up with the family based guys and there green card might take year and years to happen...

The country quota is one which will kill and for many it might be be partial approval -- primary APPROVED and all dependents WAITING.

And allowing guys to apply for 485 concurrently -- even with retrogressed -- will allow the rampant reuse of old labors.

What about the country quota .. a small increase in % will be a drop in an ocean for heavily populated countries.

For fresh H1b ... this bill is great.


Whats Ur take on this ...

 

[dmbronner]

When someone apply for I-485, the dependants are INCLUDED in the principal's application, so automatically the principal's GC is approved, the dependants' GC are also approved.

The family based GC is another different category.

 

[eBhola]

When someone apply for I-485, the dependants are INCLUDED in the principal's application, so automatically the principal's GC is approved, the dependants' GC are also approved.

The family based GC is another different category.

thats how it is today ... But once this gets passed ... dependents will no longer will be included with EB category ... They have to be counted against some numbers/Category!!!

 

[tusharvk]

oh has given clarifications regarding this issue under his visa retrogression Q&A on immigration-law.com

thats how it is today ... But once this gets passed ... dependents will no longer will be included with EB category ... They have to be counted against some numbers/Category!!!

 

[saras76]

S. 1932 and Spouse and Children of EB Beneficiary

S. 1932 provides that the immigrant visa for the accompaning or following-to-join deriavative beneficiary spouse and children of EB direct beneficiary should not be counted in EB annual cap. Some people question that since the system must draw the visa numbers from somewhere for the spouses and children, where the visa number will be drawn. This question is derived from misunderstanding of the immigration quota system. Under the current immigration system, all the employment-based immigrant petitions fall under the preference categories and in that regard are subject to the quota system. However, when it comes to the family-based immigration systems, the immediate relatives (spouses and children, and parents) of a U.S. citizen are not subject to the quota system and the U.S. government can issue green cards for these beneficiaries without any limitation in numbers. A similar concept will apply to the spouses and children of EB applicant under S. 1932, but the difference is that in the case of the spouse or children of EB direct beneficiary, unless the direct beneficiary's I-140 petition is eligible, their spouses and children will not be able to submit I-485 applications. Besides, unless the direct EB beneficiary's I-485 is first or simultaneously approved, the U.S. government will not be able to approve their I-485 applications. Accordingly, they remain "derivative" beneficiaries whose fate will depend on the direct beneficiary's eligibility and approval of the green card. The spouses and children thus cannot obtain the green card approval as separately from the direct beneficiary's immigration proceeding. In the following-to-join context, their applications may be processed after the direct beneficiary's I-485 is approved, but again the direct beneficiary's I-485 approval is basis for the family members' application and approval. In this regard, they will be indirectly subjected to the preference visa quota system in that unless the direct beneficiary's I-485 is approved after he/she gets his/her visa number current in the Visa Bulletin, their (spouses and children) I-485 applications will not be approved either. It is just that their applications would not take out visa numbers from the specific preference category quota and nothing more. This issue is discussed in Q&A 98, but we are reposting it in view of the widespread confusion in the immigrant community.

 

[eBhola]

It is just that their applications would not take out visa numbers from the specific preference category quota and nothing more.

I agree that it will not take out any visa numbers from a specific category quota.

This might work out great for countries which is yet to exhaust there country quota.

Country quota does not exists for U.S. citizen filing for someones 485 .. for all others the country limitation does exists.

This bill does not speak of extending this to the GC holder.

An derivative 485 may not have stand in line for EB category now ... but certainly has to stand in country quota line.

So might only alleviate the problem of India and China alittle.