Who ever in the process of GC should re-start under merit based system?

[baby_mde]

http://www.immigration-law.com/ has posted the draft copy of merit based system. It looks like, pending application may not be processed under the curent law and we have to go through the merit system.

 

[nyc8300]

Any bill is not going to come into play before 2008. Point based system is less employer centric.
It's all good!

http://www.immigration-law.com/ has posted the draft copy of merit based system. It looks like, pending application may not be processed under the curent law and we have to go through the merit system.

 

[baby_mde]

Any bill is not going to come into play before 2008. Point based system is less employer centric.
It's all good!

How about pleople already applied 140 and 485?? Do we have to reapply through point based system by preserving PD?

 

[Jackolantern]

http://www.immigration-law.com/ has posted the draft copy of merit based system. It looks like, pending application may not be processed under the curent law and we have to go through the merit system.

Not true. Pending employment-based applications will not have to reapply with the merit system. Resubmitting only applies to FB that were submitted after May 2005 for the categories being eliminated (adult children and siblings).

(2) PENDING AND APPROVED PETITIONS AND APPLICATIONS..Petitions for an employment-based visa filed for classification under section 203(b)(1), (2), or (3) of the Immigration and Nationality Act (as such provisions existed prior to the enactment of this section) that were filed prior to the date of the introduction of the [Insert title of Act] and were pending or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa. Aliens with applications for a labor certification pursuant to section 212(a)(5)(A) of the Immigration and Nationality Act shall preserve the immigrant visa priority date accorded by the date of filing of such labor certification application.

This time, unlike with 245(i), they actually considered the effect of the illegals on the system. The quota will jump from 140,000 to 380,000 when the Z-visa holders (i.e. the visas given to illegal aliens) become eligible to apply under the points system.