EB2 retrogression 2013 predictions and family petition

By: Shah Peerally Esq.
EB2 retrogression 2013 predictions – should someone opt for family petition?

Caller: I’m on H1b, and my mom got a GC 7 years back and she stayed at my place and my sisters place most of the time and went back to india for like 3-6 months, so out of 7 years she stayed like around 5 years in US, the question I have, probably I’m applying for her citizenship, but two years back I saw on all the family sponsored visas and I lost my hopes, im already doing my GC through my office, but do you think there is hope for the family sponsored visas for married?

Your mom cannot file for you if your married and she is a GC holder, plus your have to be careful also on the fact that she is traveling too long abroad and for her to get a citizenship it might be a little bit hard, so I think your hope is still better with your employment, but its good to have the mom to file for you if your not married, but once you get married if she is not a citizen it will get cut off, and that will take a long time too even then.

Caller: So once she gets her citizenship maybe 5 years later, and I still didn’t get my GC at that point, how much time it takes from that point for the GC like Average?

For the family, if your mom petition for you, your from india, the average is 12-15 years, were going to keep putting the pressure right now, because once the immigration reform debate starts, all people should get together. We need to put pressure that people like you should get a GC. It’s so unfair because if you guys go (Indian Engineers and Entrepreneurs), the Silicon Valley goes with you, and we go with it. So this is not right. We need some activism on that. So it is just waiting a little bit as soon as they start debating immigration and we’re going to push for it and I hope it will happen this time.

Caller: Last question, for EB2 is there hope?

Yes there is hope, so don’t give up n your EB2 because I have seen miracles on EB2 so don’t let your chance of getting an EB2 go away. As for EB3 I don’t see much happening, but EB2 something is going to happen soon. So anybody who can file for it and have it pending there will be something happening. Republicans are pushing a lot on one side and Obama administration pushing on the other side both of them want immigration reform but both have different views. I agree with both sides on this one, I don’t want to lie, because one wants it for one group and the wants it for another group. So they should come to some kind of agreement. There will be something happening but I don’t know what exactly but something good will be happening. I’m expecting EB2 to reach by the end of this year to the PD 2009 and 2010 minimum. I’m expecting so don’t get me wrong on that but I’m pretty sure things are going to get moving, so don’t give up on your EB2 yet.

Caller: Last question, I’m planning to move to a different employer, but I have a labor already for 2010 November, you know priority date set, you think it’s a good idea to move now?

You can move, but the only thing is that if you don’t have a I-485 filed (an adjustment of status) you will have to file a new labor, unless company A is still keeping your I-140 then you can go back to them. However you can always retain the priority date as long as the I-140 is approved even if later they revoke the I-140. Provided it is not revoked for fraud.