Immigration Law Questions? Ask an Immigration Lawyer.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
1.What is CIR 2013.
The short answer is we simply don't know what CIR 2013 is going to be. Currently the Senate Bill is being marked up with amendments.
The Senate predicts that their Bill will pass a vote before the 4th of July recess.
However, the House says, not so fast. They are going to draft their own Bill provision by provision and not give a blanket approval to the Senate Bill.
2.How is it beneficial for the people who are working in USA on H1 and willing to get green card.
It won't do anything for anyone who already has an H1B. It will increase the number of visas from 65000 to 110000.
There is a merit based system proposed to replace the DV Lottery. It would weigh a mix of family ties, work history in the United States and strength of work skills. That would start at 120,000 visas per year 3.When(any expected date/month, if not the confirmed date/month) is it going to come into law. The name says: "CIR 2013", so is it coming into law in 2013?
We have no idea but most likely before elections in November bar any unforeseen attacks on the US which would set it back as it did on 9/11/01.4.Who will be benefited of it out of below. A. A person who is on H1 and haven't started the PERM processing yet.
B. A person who is on H1 and his PERM(Filed in May 2012) is approved but I-140 is still in processing.C. A person who is on H1 and his PERM(Filed in May 2012) is approved and I-140 is also approved. There is no way of predicting that currently because we don't know how the regs will be written and if the current EB categories will benefit from the unlimited visas for advance degree STEM.5.My I-140 is filed in general category(not in premium). Should I convert my I-140 from general processing to premium processing to get it approved soon. Not because of CIR. I would venture to say the regulations will apply across the board to anyone in the process of a PERM or with a pending OR approved I-140. 6.What are the chances of getting it approved and come as immigration law(This Year)
Immigration advocates have been holding our breath since 9/11/2001 when another immigration bill was on the lest leg to be passed and then the terrorists struck the twin towers and immigration reform collapsed as well. We have not had any significant progress since then until now. We have to wait and see. I simply don't believe it until it happens.
7.How is it beneficial for the Indian citizen people working here on H1 and willing to get green card?
My comments>> The current situation is the # XXXXX Green Card pending applications are very high in case of India and China, and so the Indian people who filed there PERM in 2004 are waiting for green card.while on the other hand people from Turky, Nepal, etc the # XXXXX green card applications are not that high and they dont even touch the quota of every year green card filing, so most of their seats gets wasted.
I heard that the CIR 2013 will merge all the country's quota so the unused seats for those small country's can be given to India ad China and their pending applications can be current and
Thats why Indian people waiting for their green card will get benefited.
Yes, this is one of the provisions, to eliminate individual country quotas.
alright nice, in that case would you like to add something more in this question:
4.Who will be benefited of it out of below. A. A person who is on H1 and haven't started the PERM processing yet.
B. A person who is on H1 and his PERM(Filed in May 2012) is approved but I-140 is still in processing.C. A person who is on H1 and his PERM(Filed in May 2012) is approved and I-140 is also approved.
Judith>>There is no way of predicting that currently because we don't know how the regs will be written and if the current EB categories will benefit from the unlimited visas for advance degree STEM.
What you are asking is like asking me to read tea leaves. There is no way to speculate on who will benefit from a law until it is passed. And not just when the law is passed but after the regulations are written and published. Generally the regs don't take effect for 30 days after they are published in the Federal Register.
I'm sorry, but I simply cannot speculate because it does not serve you any useful purpose.
Alright I understand. Thanks for your answer.
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