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Administrative Action to allow AOS filing without current visa numbers

Discussion in 'Immigration legislation' started by cuckoo, Jul 15, 2013.

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  1. Satish.txt

    Satish.txt Member

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    Ron,

    What is quota expanded? You mean say EAD? Just like whatever happened in 2007?
     
  2. nohohon

    nohohon Junior Member

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    Obviously, you have more experience with this but I do have a different opinion.

    Honestly, I think it'd be better for tech companies to flood the market with H1B visas, pick and choose who they want to have permanently and then live with long wait times to get those green cards. Even though this will mean increased costs in the temporary/permanent visa process, it will give employees less mobility. Increased mobility almost guarantees a higher turnover rate driving up recruitment costs as well as salaries and bonuses given to new employees (as compared to existing employees who have worked for the company for several years). I truly believe that visa costs are a pittance compared to what it'll take to hire a new employee.

    For example, if a company hired a fresh grad from India on H1B and started the green card process in year 4 under EB2, it will take an additional 6 years (as per current wait times) for that employee to get an EAD card. That's 10 years right there! Of course, the employee is free to leave anytime, but the lengthy, slow and audit filled green card process reduces the incentive to change jobs after getting to the I-140 stage the first time around.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My understanding is that they are considering reinterpreting the statute so that they only count principal applicants and do not count dependents against the quota. Right now, the State Department says that 2.1 EB visas are deducted from the quota for every I-140 that is used (on average). Charlie Oppenheim, of the Visa Office, examined all of the numbers and observed that if this happens, all EB categories will become current for all countries and likely remain that way for several years at least.

    IF this is what happens, and that is a big if, then everyone with an approved PERM would be eligible to apply for adjustment of status and, at the same time, an EAD card.
     
  4. Satish.txt

    Satish.txt Member

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    You are giving me goosebumps now!! ;) How many % chances for that as per your source back in Washington?
     
  5. mgfag2000

    mgfag2000 Member

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    No counting chickens before the eggs hatch buddy...I am one of many who are thinking "I will believe it when I see it happen". But good luck to all of us.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is my best SWAG: about 85%.
     
  7. divinewind

    divinewind New Member

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  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If it is going to happen, it will happen within two weeks of Christmas - either way.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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