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Likely Results From A Reinterpretation Of The Visa Quota Statute

Discussion in 'Immigration Policy' started by Ron Gotcher, Aug 21, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If, as has been suggest by many as one of the upcoming admin fixes, the President actually orders a reinterpretation of the law, then we can expect to see this action have a dramatic effect on immigration processing. If everyone becomes "current" overnight, AOS processing times will balloon out to their historic norms of three to five years. We should also see less demand for new H1B visas since most STEM graduates will be able to qualify to apply for green cards comfortably within their 29 month OPT grants.
     
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  2. Nandakumar

    Nandakumar Senior Member

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    So Ron, if I understand your thread contents, you say if it becomes current for all, then the processing time to get EAD or GC will take 3 or more years? Please clarify.
     
  3. cuckoo

    cuckoo Super Moderator

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    AOS is for GC.
     
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  4. Nandakumar

    Nandakumar Senior Member

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    Thanks. So what are the impacts to one due to this big time in getting AOS?
     
  5. cuckoo

    cuckoo Super Moderator

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    6 months after AOS filing, applicants can change employer but will need to have a same or similar job as long as it remains pending. Simply put, the waiting will move from one stage to another. The advantage would be that applicants can get EAD and AP and need not file new perm and I-140 when they change employer, provided they wait 6 months after AOS filing.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If everyone becomes "current" USCIS is going to get hit with more than half a million AOS applications in a very short period of time. Their backlogs will grow and become unmanageable. The good news is that consular processing will remain fast and efficient.
     
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  7. Nandakumar

    Nandakumar Senior Member

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    Ok so we have advantage as well as disadvantage in priority dates becoming current. I can imagine the load of AOS applications in short span of time but the thing is applications will be reviewed around the year as it doesn't have time frame.
     
  8. s_gan

    s_gan Super Moderator

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    The primary reason for extending the OPT period was due to H1B visa availability. If law is going to be re-interpreted then the OPT duration should be set back to 1 year.

    I prefer recapturing visas and spreading it over a period of 5 years . This way the backlog is reduced gradually.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think most people would rather get an AOS on file immediate and get an EAD/AP card so that they don't have to deal with maintaining H status. Also, after six months they are able to change employers freely.
     

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