Eb-2 for India and China

In the June Visa Bulletin, the Eb-2 category for India and China are unavailable. The Department of State (DOS) thinks that it will remain unavailable for the rest of the fiscal year., ie until September 30, 2012.  This means that if someone born in India or China and has an Eb-2 petition with a priority date of  say 2001, they still cannot file for I-485 Adjustment of status.  They hope to restore the numbers to 2010, but this wont happen until at least the spring of 2013.

The reason that the DOS gives for this unavailability is that a very large number of people from India and China are converting from EB-3 to EB-2. Many of them had a Bachelor’s Degree, but did not have the requisite 5 years experience when they filed.  They now do. Some individuals are also getting Master’s Degree.  When you change or file another petition, you retain the old priority date. The current priority date for Eb-3 for India is September 15, 2002.  These people have been waiting for 10 years before they get their Permanent Residency. Yet, all this time, they have been living and working in the US with their H-1B visas. The job clearly exist for them.  Yet they have to wait and be punished simply because they were born in large countries which value education.

These people do have job, and will ultimately (hopefully in their lifetime) get the Permanent Residency.  They are on valid visas and pay their taxes.  They perform valuable service to the US, those technical jobs we do not graduate  enough people.  Yet farmers with political science and useless liberal arts degrees like Senator Grassley want to restrict these law abiding people from becoming United States’ resident.  Senator, if the United States could perform solely with liberal arts degrees like you have, we would be the bottom nation of this world.  We would become like your home state, Iowa, good for producing corn only.

 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

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