Until September 30, 2005, the visa numbers for India and China for EB-1 and EB-2 are wide open and current. Then, the next day, the number will retrogress several years backward and these Indian and Chinese professionals will not be able to file green card applications for a long time, unless the Congress acts. These will include Nobel Prize Winners!
During this week, lawyers, including this reporter, have been extremely busy to help these professionals to have their clients cases filed by September 30. For the qualified people, it is not too late. Inasmuch as the filings are "receipted" by the Service Centers within tomorrow, their I-485 applications will be processed. There are some Indians and Chinese who will have no proper nonimmigrant visa options or work authorization or travel permit during the next several years either because they are not eligible for the 7th year H-1B extension or extension of other nonimmigrant options may be challenged because of the pending labor certification or immigration petition proceedings. Additionally, pending I-485 applications for more than 180 days will allow them to change employment, while those who lose the jobs while waiting for visa numbers without the pending I-485 may have to leave the country in a majority number of cases. For these nonimmigrants, filing and pending of I-485 will be a crucial savior as they will be allowed to stay, work, and travel, and also change employment after 180 days while they wait for the visa numbers.
During this week, lawyers, including this reporter, have been extremely busy to help these professionals to have their clients cases filed by September 30. For the qualified people, it is not too late. Inasmuch as the filings are "receipted" by the Service Centers within tomorrow, their I-485 applications will be processed. There are some Indians and Chinese who will have no proper nonimmigrant visa options or work authorization or travel permit during the next several years either because they are not eligible for the 7th year H-1B extension or extension of other nonimmigrant options may be challenged because of the pending labor certification or immigration petition proceedings. Additionally, pending I-485 applications for more than 180 days will allow them to change employment, while those who lose the jobs while waiting for visa numbers without the pending I-485 may have to leave the country in a majority number of cases. For these nonimmigrants, filing and pending of I-485 will be a crucial savior as they will be allowed to stay, work, and travel, and also change employment after 180 days while they wait for the visa numbers.
