ImmiLETTER Vol. II – Issue 12: December 1, 2007

FAQ: When Adjustment of Status is pending:
For Employment Based Green Card Application

Q: What is Adjustment of Status?

A: Adjustment of Status is the process which is undertaken by an alien, residing in the US and fulfilling certain criteria, who wishes to “adjust” his or her non-immigrant status to immigrant status (permanent resident status).

An alien can generally petition for permanent residency by filing I-485 adjustment of status application, on the basis of employment (through Form I-140 in either of the EB-1, EB-2, and EB-3 categories). Both the forms can be filed simultaneously.

“America Comprehensive Immigration Act of 2007”
– Another Immigration Debate?
In a move that might be termed as “Flogging the dead horse”, Sheila Jackson-Lee, a Democrat from Texas, has pushed for the America Comprehensive Immigration Act 2007 to be debated on the house floors again. This is perhaps the third time an Immigration related legislation is being debated on the house floor. And going by the fate of the other, it’s likely this one will fall through too.

The Bill was introduced in Jan 31, 2007, and is in its first stage in the legislative process i.e. the deliberation committees. Here is a summary of what the Act is all about

The “Save America Comprehensive Immigration Act of 2007” will amend the Immigration and Nationality Act (INA) to provide increased protections and eligibility for family-sponsored immigrants….

EB 2 for India/China faces severe regression Pending
The December 2007 Visa Bulletin has set the cut-off dates for employment based second category for India back to 2001. The State Department reportedly has already allocated 38% of annual limited allocated to China and India with the the first month of the fiscal year 2008, October. And the bulletin predicts that if the retrogression do not slow down the demand, further retrogression is likely in 2008.

The EB2 numbers have been hit hard mostly due heavy retrogression in the EB3 category. As it is possible to for an applicant qualified for EB-3 to apply for a Labor Certification through EB-3 as well, more and more Chinese and Indian nationals have been filing EB-2.

A clearer picture might be visible when the Department of Labor (DOL) releases the FY 2007 Foreign Labor Certification Performance Report. In the meantime, there isn’t really any leeway’s to get around this problem, with both EB-3 and EB-2 showing a backward crawl. It is also unlikely that any of the immigration Bills being considered this year will see the light of the day before the Presidential elections, which basically mean by middle of FY 2009 at the earliest.

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Disclaimer: The information provided on this newsletter is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney.
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