English Article 44

I have written about this situation in my PERM article. Briefly, there are a limited number of green cards for every category. As adjustment of status applications begin to be approved at a greater pace, we expect there to be a wait to adjust status. If someone is in H-1b status, they could, of course, extend their H-1b in one year increments until such time as a number is available for an adjustment of status. However, if someone does not have that possibility, the question was posed to Mr. Yates with respect to what could be done for these people. It was Mr. Yates opinion that even if aliens are ineligible to adjust their status, the service would accept the adjustment application and hold it until a number would be available. In the meantime, that person could obtain work authorization and travel permission. If this becomes the new rule, this is great news since it will lessen the blow to aliens delayed as a result of visa retrogression.