>It was a GC via marriage though, rules ma be different for employer sponsored GCs
Rules are indeed different for Employment based green cards. Marriage based green cards don't have a limit while the number of employment based Green cards that can be given out in a year is fixed ( in total and within that there is a 7% cap on how much each individual country can receive)
People stuck this way from India & China aren't even able to file for GC's. You can only file for a GC if your country's date is "current" (which is not the case for marriage based GC)
Their only legal basis to stay in the US is the H1-B which they can keep on renewing because they have an approved I-140. In my current situation, i have an approved immigrant petition and i will have to continue to get H1-Bs approved
till i get current (which current projections are about 40-50
years). I've been in the US for a decade and it will be many many decades before i can remove the dependence on the H1.
The math is simple - there are about 400K Indians with approved immigrant petitions. And across 2 categories the maximum number of green cards that Indians can receive in a year is about ~6K. Each petition is roughly 2 green cards
So if an Indian gets an immigrant visa approved today in 2020 , they're looking at wait of 800/6 (133) years even be able to file for a green card.
Rules are indeed different for Employment based green cards. Marriage based green cards don't have a limit while the number of employment based Green cards that can be given out in a year is fixed ( in total and within that there is a 7% cap on how much each individual country can receive)
People stuck this way from India & China aren't even able to file for GC's. You can only file for a GC if your country's date is "current" (which is not the case for marriage based GC)
Their only legal basis to stay in the US is the H1-B which they can keep on renewing because they have an approved I-140. In my current situation, i have an approved immigrant petition and i will have to continue to get H1-Bs approved till i get current (which current projections are about 40-50 years). I've been in the US for a decade and it will be many many decades before i can remove the dependence on the H1.
The math is simple - there are about 400K Indians with approved immigrant petitions. And across 2 categories the maximum number of green cards that Indians can receive in a year is about ~6K. Each petition is roughly 2 green cards
So if an Indian gets an immigrant visa approved today in 2020 , they're looking at wait of 800/6 (133) years even be able to file for a green card.