mhathi
08-01 01:12 PM
We are in the same situation... This will be a good thread to track receipts for cases specifcally like ours. That way, we will know at least when the first batch of cases will be transferred to TSC.
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simple1
05-01 01:32 AM
thanks akred for refering INA. I went through it now
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
Dreamer07
08-09 10:10 AM
if the only way to reduce the backlog of EB3 is to port to EB2, why EB3 category at all. Just remove that category... Maybe lawyer's should come with a better alternative than giving this lame advice. EB3 category are still employed for the past 10 yrs - shows that they are required-then why not fight to get their number of visas increased or the spill over be applied to them equally as to EB2.
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vinabath
03-25 04:35 PM
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
It is true. I will take a bet. If your PD does not go to March 2005 by Sep 2009, I will give you $100. It it goes give me $100:D
It is true. I will take a bet. If your PD does not go to March 2005 by Sep 2009, I will give you $100. It it goes give me $100:D
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marlon2006
06-22 11:58 AM
I agree with you. No questions about it. I think there are two components on legal immigration alone:
1. People who are stuck in the queue for many years
2. Increase in visa numbers for future skilled workers
At minimum, number 1) above should be fixed out of fairness. We already went through the painful labor certification process. That's unrelated to market demand or not.
I agree, we haven't had a chance to put that clear message out there.
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
1. People who are stuck in the queue for many years
2. Increase in visa numbers for future skilled workers
At minimum, number 1) above should be fixed out of fairness. We already went through the painful labor certification process. That's unrelated to market demand or not.
I agree, we haven't had a chance to put that clear message out there.
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
nixstor
06-22 01:57 PM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
If this is the exact verbiage from his email, You can sue him for lying that filing for your 485 is a loss to company. Talk to a lawyer like Rajiv Khanna or Shusterman if he doesn't hep you file 485 before PD retrogresses. Get as much evidence as possible in email mean while, to set the record straight with a good law suit. If I were you, I would naively try to send an email explaining him that you have no intentions to abandon, company's financials are not affected because of your 485 (its totally personal) and get more crooked responses. Disgusting mo fo's. The most f#$%^ing irony is these AH's have gone through this and know the pain.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
If this is the exact verbiage from his email, You can sue him for lying that filing for your 485 is a loss to company. Talk to a lawyer like Rajiv Khanna or Shusterman if he doesn't hep you file 485 before PD retrogresses. Get as much evidence as possible in email mean while, to set the record straight with a good law suit. If I were you, I would naively try to send an email explaining him that you have no intentions to abandon, company's financials are not affected because of your 485 (its totally personal) and get more crooked responses. Disgusting mo fo's. The most f#$%^ing irony is these AH's have gone through this and know the pain.
more...
delhiguy
07-07 08:44 AM
What about the applications received before release of bulletin?
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
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rbharol
10-17 01:49 AM
IV
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
more...
walking_dude
10-08 03:58 PM
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
A rich man had a bunch of horses and donkeys. He used some to carry the load and some he tried to breed for participating in races. He was trying something but not very effeciently.
.... No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. ....
However, unfortunately, IV is not a farm.
A rich man had a bunch of horses and donkeys. He used some to carry the load and some he tried to breed for participating in races. He was trying something but not very effeciently.
.... No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. ....
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paraphrase
10-08 11:05 PM
I do not understand why people spend their energy in coming up with some lame ideas. Just because you suffer does not mean that your fellows have to suffer, what is the point of being a sane individual with that kind of thought process.
There are people who come here on all kinds of visas F1, H1, L1 and like this country and stay back and need a green card for convenience. Students who came here want priority over people who came on H1B. It makes sense from their point of view.
Similarly people on H1B who got stuck in several stages and had to change the company have their own point of view.
How bout having a lame rule saying that GC for people with I.Q of 140 and above?
(or)
How bout having a lame rule like if you have a family you will be penalized by putting you at the end of the line for GC?
The list can go endless..
Worry less about who is cutting the line and getting ahead and please concentrate and put your energy and come up with good ideas and showing what we are really capable of..
There are people who come here on all kinds of visas F1, H1, L1 and like this country and stay back and need a green card for convenience. Students who came here want priority over people who came on H1B. It makes sense from their point of view.
Similarly people on H1B who got stuck in several stages and had to change the company have their own point of view.
How bout having a lame rule saying that GC for people with I.Q of 140 and above?
(or)
How bout having a lame rule like if you have a family you will be penalized by putting you at the end of the line for GC?
The list can go endless..
Worry less about who is cutting the line and getting ahead and please concentrate and put your energy and come up with good ideas and showing what we are really capable of..
more...
simple1
05-04 11:24 PM
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
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amsgc
08-25 12:57 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
more...
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danu2007
07-09 07:27 PM
I called her and left her a message..May be she might have got enough calls
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boppana99
08-31 10:22 AM
I have mailed my I-485/EAD/I-131 on July 26th and same were received at NSC on July 27th. I did get the receipt numbers for all the same yesterday. The receipt date is Aug 27th, 2007. I did have an TSC I140.
more...
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Curious_Techie
08-18 01:30 PM
IV Core is Busy withdrawing money from the bank account.
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asdqwe2k
06-27 03:06 PM
I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
more...
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PresidentO
02-25 11:50 PM
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.
Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
"What is the action plan for FUTURE"?
Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.
Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
"What is the action plan for FUTURE"?
Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.
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bkarnik
05-03 01:07 PM
Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
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snathan
02-09 12:07 PM
Done...
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Guys....its only $20. Please consider to donate ASAP.
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Guys....its only $20. Please consider to donate ASAP.
jonty_11
02-05 02:39 PM
Used "Automatic Visa Revalidation Rule" for entering US from Canada
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
simple1
05-01 03:27 PM
I repeat to avoid misunderstanding.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.
I also strongly believe families should be together and they will be ( as no one will be affected ).
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.
I also strongly believe families should be together and they will be ( as no one will be affected ).
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
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