Realistic timeframe when my application will become Current ?

[texancanadian]

Folks,
I would like you opinions on this topic because pretty soon in a couple of months I need to make a life altering decision.

OK here is my question. I have a Priority Date of August 2001. Mine is RIR kickbacked case to Regular. I am EB3 from India and next month will start 7th yr of h1 for which I have received extension. As you may know my LC is still stuck at BEC waiting for a 45 day letter after Enterject and TWC's fiasco.

Ok here is my question.
With the current retrogression date of 1/1/1998 for EB3 fro India what do you think is the earliest I can get a US Green Card assuming Labor etc is appoved given my August 2001 . Am I looking at minimum 1 yr, 2 yr, 3 yr, more. I know you are not astrologer or jyotish or gypsy with crystal ball but would still like to hear others opinion on this topic. I am looking at realistic predictions.
Thanks.

[Jackolantern]

With USCIS, you can never know or even guess. Who on earth would have predicted such a radical retrogression?

Things can change for the better or for the worse. It could retrogress again, or they could sign a law that increases the available numbers and everybody becomes current again.

The only thing you can know is how long you are willing to wait before you decide to pack up and leave for another country.

[greenie05]

I agree. The way how these guys are working aren't logical at all. No timeframe, so it depends on what you think more important in your life. We also are contemplating now, enough is enough - sick of this neverending 'wait-n-see' game... Our case was transferred to the local INS, Hartford, and we were even interviewed last month with PD of May 02. Will visit them with infopass appointment next week to ask when they think we'll get our cards. If it is, again, another 2 years from now... we'll see.

[krprasad]

greenie05,
did not want to disappoint you, but the facts on the ground are laid out as such.

you are on 7th year extn, that means you have three more years of h1 left and you will have to go back anyway, is my conclusion right(9 year h1 limit)?

lets say you get labor in 9 months, and it takes 1.5 year for I-140, and another 6 months for EAD.

there you go, you may get the EAD just in time to avoid going back.

and after you get EAD i am very positive that you will get your 485 in 6 months, since they accept applications with cutoff dates only, they will move quick.

i am expecting eb3 cutoff pd to move to aug-2001 by oct 06.

by the time u will file 485, pd will be 2002, so i wont worry about that.

but since the margin is less, plan to relocate to india, just in case, u can never trust a uscis to do things logically.

[newkidhere]

KRPRASAD,

I beg to differ from your view. Once the labor gets approved, you can be on unlimited H1 extensions. Moreso, as my Attorney explained that if your labor and/or I-140 approved, you can get H1 extensions in multiples of 3 years depending upon your PD and the PD announced in the Bulletin. If the difference is more than 1 year, one would get 3 year extension, if not, would get 1 year extension.

Can any one corroborate?

Thanks

[idog]

As long as I-140/485 is filed the GC will take w while. Atleast you can get a H1B extension every year. My lawyer advised me that my PD is on Nov 2002, I may have to
wait for 6 to 7 years. That is the real situation.

[hcgcwait]

hi texancanadian of indian origin, well looking at the things and the ways this stupid ins work, it may take a while before u see ur plastic card. once the labor is approved then comes the i 140 which can be an year or so then comes the wait for 485 to file and theeeen comes the painful wait of 485 approval. i will say its a cool 3 year period, give or take.anyways once u get the labor, then h1 extension can get a lil more easier with 3 yrs etc. so sit back , enjoy the ride and be good to ur current employer. been there, done that, cursed every bit of the process and ins the whole time.