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>If this passes, it would be reverting to how it was for the longest time. Not really. The system wasn't created for wait times of upto 120 years, someone wait
by belltaco 8y ago
>If this passes, it would be reverting to how it was for the longest time.
Not really. The system wasn't created for wait times of upto 120 years, someone waiting a few years for their spouse to get a green card like in the past is different from now waiting for 70 years and actually die before being able to work. How is that reverting to what it was?
Only people from certain countries are affected by this, because the 7% visa per country cap is enforced the same for both Vatican City with half a million population[edit: 1000 population] and for China and India with more than a billion population each.
Also, the H4 work authorization only applies after the worker has been working on a H1B for more than 6 years.I am assuming you were never qualified for that when you were on a work visa since you presumably got a green card much faster.
- iguessthislldo 8y ago> Vatican City with half a million population I don't think this is correct.
- dragonwriter 8y ago> The system wasn't created for wait times of upto 120 years, H-1B wasn't crested as an immigrant visa, either, though it allows immigration without exiting. It was envisioned and sold ad primarily a way to temporarily fill transitory needs. > Only people from certain countries are affected by this, because the 7% visa per country cap is enforced the same for both Vatican City with half a million population[edit: 1000 population] and for China and India with more than a billion population each. Population is only loosely correlated with the issue, it's not about visa demand; in many cases (basically, all the family-based categories) the backlogs are worse from Mexico and/or the Philippines than India or China.
- belltaco 8y ago>Population is only loosely correlated with the issue, it's not about visa demand; in many cases (basically, all the family-based categories) the backlogs are worse from Mexico and/or the Philippines than India or China. Population is definitely part of the issue, with people from smaller countries getting a green card in 7 months vs. 70 years for the biggest ones. >in many cases (basically, all the family-based categories) the backlogs are worse from Mexico and/or the Philippines than India or China. That's irrelevant because those people in family based backlogs are not legally present in the US fulltime, so the pain for them is much less compared to people on work visas and their spouses who are not able to work. People in family based queues can still work because they're in their home country. >H-1B wasn't crested as an immigrant visa, either, though it allows immigration without exiting. It was envisioned and sold ad primarily a way to temporarily fill transitory needs. I was talking about the work green card system. Also H1B is a dual intent visa. If it was designated as a temporary transitory visa then it should not qualify for green cards.
- pandaman 8y agoH1B does not qualify you for green card. "Dual intent" means the applicant can obtain the visa even with immigration intent. For all non-immigrant visas the immigration intent is assumed and the applicant must prove the lack of thereof in order to obtain most of them. The acceptable proofs are strong ties to the home country such as family, job, realty etc. Work visa applicants generally cannot provide such proof since their job is in the US and they take their family with them on dependant visas so the DoS just made this "dual intent" doctrine to be able to issue such visas. Perpetuating the myth that H1B somehow qualifies you for greencard is only harming people who sign up for H1B and suffer abuse in hope they are on the way to greencard. Greencards are immigrant visas and obtaining one does not require or benefit in any way from a non-immigrant visa of any kind or even presence in the country. If you are truly an indispensable worker, likes of which could not be found in the US, you could just stay in the home country or any other country where you like and wait for the greencard.