How will HR 392 (eliminating per country cap) affect my GC process?
I filed for adjustment of status (I-485) in EB-2 category about a month ago. If HR-392 is passed, thus eliminating the per country cap, will that affect how fast I get my green card? Currently I’m expecting it to take about 9 months. Forgot to mention I’m from Europe.
Its not going to pass. Put if it passes it will affect TREMENDOUSLY.
There will be basically a single line and you are going behind every Chinese/Indian that has a PD in front of you. But you already filed I-485 which means you can stay until your PD is current, not depending on H1b or whatever
Relax. It’s not going to pass. They will never let so many folks from same country get green card. The system is rigged. For Indians those who filed after 2013-2014, they will be on queue for 7-10+ years. Folks after that, forget it. Chances of you winning lottery are higher :)
Yeah, this system is so bad that Indians filling now are probably looking at 15~20 years to get the GC if it stays that way.
15-20 ? Lol more like 40-50 :)
Yeah, I think I was generous...
Chances of hr392 passing are almost close to 0. This was proposed when the queue for Indians was much smaller in 2012 with huge bipartisan support but still it did not pass. If you think it will pass in this environment it is crazy. May be better chance to win a lottery for $1Billion than this bill passing. But this bill is also the only hope Indians have of ever getting a GC. Without this folks would be kicked out when they retire at 67 if they can survive 20 H1b renewals
They will actually be kicked out in 15-20 years when uscis stops considering devs to be a specialty occupation. They have already done it to PMs and consultants. In 15-20 years supply of cs grads will for sure exceed demand in all domains and USCIS will stop giving extensions. All this assuming there's isn't a recession in US in which case it will happen earlier.
If Indian: you'll have better hope for GC if it passes Others: you are simply f**ked
If the bill is passed, will it take longer to get/renew EAD during the adjustment of status process (I have already filed I-485 and filed for EAD)?
No, the big wait is for greencard numbers. If it passes it has nothing to do with EAD process...
Well EAD processing is part of I-485 processing and if I-485 processing takes longer I thought it might take longer to issue EADs as well. Or if there are more people eligible to file adjustment of status, there will be more applications for EAD, and EAD processing might take longer. Could that happen?
Yes. It very well might. For those with PDs after 2016 it may increase our wait time to a couple of years under the so-called transition period and then much longer after that. If you have your EAD or when you get your EAD.. You can just keep renewing that till you become current. I'd rather things don't change right now... 8 months is definitely better than 2-3 years. I wouldn't even want to have to ever use the EAD much less renew it. We can only hope that the status quo remains for some time.
Yes, I also hope the status quo remains as it is. I don’t have H1-B (I wasn’t picked in the lottery) and am on STEM OPT. If HR-392 is passed, I might need to rely on the GC EAD though I wouldn’t want to. Do you think EAD renewals might take longer if HR-392 is passed? I think you can only apply for EAD renewal 6 months before expiration but sometimes you don’t get the new card on time.
Relax. USCIS is going to process I-485s roughly in the order in which they were filed regardless of how many more people file in the future. Since you've already filed, you don't have anything to worry about.
I hope so. But if tons of new I-485 are filed then the I-485 processing time may get slower for me too
Not by much. Keep in mind that there have been times in the fairly recent past when the Rest of World cutoff date was several years in the past, i.e., the full 140k EB visas were getting used every year.
Yeah. I saw the previous years visa bulletins. How did pe work through that? Just extending non-immigrant visas or were EAD's issued?
If you're replying to me, the answer is that they'd just keep extending their H-1Bs. You don't get an EAD until your priority date becomes current. Things were more difficult before AC21. Some people switched to O-1 or another visa, some people left, some people stayed in the US unlawfully until being granted a form of amnesty by the LIFE Act Amendments of 2000.
And this happened to people from other countries? Is that maybe what led to the queue becoming current for them, I wonder ?
If you're Indian or Chinese you'll wait for much less time. For everyone else, longer waits.
I’m from Europe. So even if adjustment of status is already filed, I would have a longer wait?
Don't worry about it, and just go to sleep. It is highly unlikely that it will pass. When I say highly, it's astronomically highly.