Affected by EB2 Retrogression - Need advice

S

sanagGC2005

New Member
The EB2/EB3 retrogression news has come in as a bad new to us. My company is abt to apply for GC for me under PERM(EB2) in another 2 months. I have abt 1.5yrs more to go on my H-1B. If my labor gets cleared by then, I still cannot apply for the T-140/T-485 coz of the retrogression. How will it impact me? Can I stay in US coz my labor would be approved(hopefully) and I will waiting to apply for the I-140/485? Or no?
In the meantime my spouse applied under traditional GC processing which was filed in May2004(EB3). He will be able to stay by getting extension coz he has applied. And god knows when he will get his labor cleared and when he will apply for the next stage.
Then will I have to move to H-4 coz my H-1 period will end? What will happen to my PERM application? :mad:
 
Your PERM will go through as usual. You can still apply for 140 and it will be normally processed as its not related to retrogression. Retrogression only affects 485.

You can remain in job even after 6 years if you apply for your PERM before the end of your 5th year on H1. You can start now, and still have the labor in before the end of fifth year, if you have 1.5 years left. Your spouse would have no probs extending anyway, with his labor pending.

After that, you can get H1 extensions in 1 year increment for pending labor, or 3 year increments if 140 is approved. Then there is nothing to do but wait for PD to become current for filing 485.

IF you are both safe in your jobs and do not wish to change them, things can still work out well.

GOOD LUCK!
 
Hi,

Thanks for your clear reply. One more additional question, do I need to stick with the same employer (i.e who applied LC & I-140 ) till I apply for I-485 ?

With regards,
 
helpme123 said:
Hi,

Thanks for your clear reply. One more additional question, do I need to stick with the same employer (i.e who applied LC & I-140 ) till I apply for I-485 ?

With regards,
Click to expand...

Yes and No.
Yes, you better do.
No, if you change employer, you should wait until I140 approve, so you can apply for 3 year H1 ext. and keep your old PD day.
 
Hi,

Thanks for your reply. But I am not clear.

Step 1) Assume, I got the (EB2) LC and approved 1-140 from Employer A.

Step 2) Now I have to wait for my priority date (may be few years) to apply for I-485

Instead of staying with employer A for few years, can I join employer B and apply for I-485 ?.

With regards,
 
you have to stick with company A still u file 485 else u loose everything

you have to stick with company A still u file 485 else u loose everything
 
helpme123 said:
Hi,

Thanks for your reply. But I am not clear.

Step 1) Assume, I got the (EB2) LC and approved 1-140 from Employer A.

Step 2) Now I have to wait for my priority date (may be few years) to apply for I-485

Instead of staying with employer A for few years, can I join employer B and apply for I-485 ?.

With regards,
Click to expand...


What you can keep when move to other company after I-140 approved is your PD. Everything need to start from beginning but the good lawyer could keep your PD. My company lawyer did a lot of cases like that.
 
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