Any hope for EB3 -India applicants ?

Discussion in 'General Topics' started by binu2007, Jun 11, 2010.

  1. binu2007

    binu2007 Senior Member

    Hi Ron,

    Other than Visa recapture or Legislative action like CIR, is there any scope for EB-3 India. What applicants can do to get the PD moved? how long one should wait to reach their PD, with all these false math by USCIS, Is there any ray of Hope anywhere Ron?

    Thanks
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: Any hope for EB3 -India applicants ?

    Unfortunately, the math is irrefutable. There are about 2,800 India EB3 visas available each year. There are 8,550 known cases with priority dates through December 31, 2002. That means at least a three year wait for anyone with an India EB3 priority date on or after January 1, 2003. If you move that out just one year, the known backlog becomes 20,500 and the wait becomes more than seven years for people with priority dates on or after January 1,2004. Worse, what we are seeing with Worldwide EB3 is likely to happen with India EB3. What we thought we knew about the demand turned out to be wrong and instead of seeing a substantial advance in the Worldwide EB3 cutoff date we have only seen stagnation.

    Now, there are two rays of hope on the horizon for India EB3 applicants:

    1. Visa recapture. Now that CIR appears to be dead, Congress seems willing to take up piecemeal immigration reform. This is very good news for a visa recapture bill. Visa recapture is one of the least controversial immigration proposals currently pending.
    2. Upgrade. EB3 applicants should consider upgrading to EB2. If you don't have a four year degree, get one. It isn't hard to have your units transferred to a US school and complete the remaining units required for a degree. As soon as you get it, reapply for a PERM that will qualify you for EB2. Since you get to keep your existing priority date, you will likely become "current" immediately upon approval of your PERM.
  3. binu2007

    binu2007 Senior Member

    Re: Any hope for EB3 -India applicants ?

    Thank You Ron.
  4. binu2007

    binu2007 Senior Member

    Re: Any hope for EB3 -India applicants ?

    a 3 year degree with 2 Year diploma and 6 years of Experience before coming to USA and also 10 years working in H1B in US for the same company will help to port to EB2?
  5. rakeshma

    rakeshma Junior Member

    Re: Any hope for EB3 -India applicants ?

    I have a 4 year BS degree from a US college. My Priority DAte for the green card is April 2004. I have been working at the same company for the past 10 years, I switched jobs once within the company in the last ten years, so the number of years for each comes to be 5.

    Do I qualify for a change from EB3 to EB2? What is the AC21 procedure?

    I applied for an adjustment of status in July, 2007 like everyone else. I have a EAD current and also an H1B. I kept the H1B because it makes travel easy but then I have to get it renewed every two years so I have to travel to India now before I can travel anywhere else. It is really frustrating as it is for everyone in the same boat.

    R
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: Any hope for EB3 -India applicants ?

    If I were you, I would look into transferring my units to a US school and completing a four year degree here. It shouldn't take very long, perhaps only one semester.

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