raandra

Hi

I have heard that from March 2005 onwards US government is going to change their law regarding h1 to green card. All the h1 b holders are eligible to apply for green card and which will be processed with in a year???? IS it TRUE?????

Thanks

Joe Feise

raandra wrote on 2/10/2005 06:50:
    > Hi
    >
    > I have heard that from March 2005 onwards US government is going to
    > change their law regarding h1 to green card. All the h1 b holders are
    > eligible to apply for green card and which will be processed with in a
    > year???? IS it TRUE?????

The GC has *always* been independent of any other status you may have.
The change in March is that the Labor Certification is done with a
process called PERM. That is supposed to go faster (we'll see...)
The rest takes as long as ever.
So processing within a year is going to continue to be a dream...

-Joe

jjf

raandra wrote:
    > I have heard that from March 2005 onwards US government is going to
    > change their law regarding h1 to green card. All the h1 b holders
are
    > eligible to apply for green card and which will be processed with in
a
    > year???? IS it TRUE?????

There is no connection between H-1B and green card, there never has
been, and there are no plans to change this.

Ingo Pakleppa

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You are probably referring to the new Labor Certification process
"PERM". That indeed will start in March. It remains to be seen how much
faster things will be.

By the way, all H-1B holders - and anybody else as well - are already
eligible to apply for a Green Card today as long as they meet the
requirements (that, of course, is a very broad restriction), nothing has
changed there.

In particular, people born in India, China or the Philippines will
continue to be subject to the quota backlog. That will slow you down
tremendously.

raandra wrote:
    | Hi
    |
    | I have heard that from March 2005 onwards US government is going to
    | change their law regarding h1 to green card. All the h1 b holders are
    | eligible to apply for green card and which will be processed with in a
    | year???? IS it TRUE?????
    |
    | Thanks
    |


- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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raandra

Thanks for reply. I would like to know more about PERM. Is is better or how does it works?? If you have any information please share with me.

Thanks

Ingo Pakleppa

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raandra wrote:
    |> You are probably referring to the new Labor Certification process
    |> "PERM". That indeed will start in March. It remains to be seen how
    |> much faster things will be.
    |>
    |> By the way, all H-1B holders - and anybody else as well - are already
    |> eligible to apply for a Green Card today as long as they meet the
    |> requirements (that, of course, is a very broad restriction), nothing
    |> has
    |> changed there.
    |>
    |> In particular, people born in India, China or the Philippines will
    |> continue to be subject to the quota backlog. That will slow you down
    |> tremendously.

    | Thanks for reply. I would like to know more about PERM. Is is
    | better or how does it works?? If you have any information please
    | share with me.

    | Thanks

It's really a bit too early to tell if it will end up "better" or
"worse", and it also depends greatly on your specific situation. So you
may want to discuss it with an attorney.

That said, right now is really the only time ever that you have a choice
about it. After March 28, DoL requires that all cases are filed under
PERM, there won't be any other system any more.

The fundamental idea behind PERM is that it is an attestation-based
system, similar to the LCA. That means that the employer files the
paperwork, and approval is automatic. Instead of investigating each case
individually as currently happens with RIR or regular processing, DoL
will instead only audit individual cases.

So that will likely be a great benefit. The drawback is that at the same
time, they tightened the rules, and not everybody who was able to file
an LC under the old rules can still file it under the new rules, at
least not without modifying the job description.

Ingo

- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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