Any hope for EB3 India at all ...

G

gcseeker2002

Registered Users (C)
I am like the thousands of unfortunate people stuck with 140 approved and unable to move forward in the so called GC process because of retrogress,
I am filed in eb3 and pd early 2004, so wondering what people with similar situation are hoping for under various circumstances like willing/unwilling employers/employees . I know a friend with pd dec 2002 who has given up and going back to India, inspite of being in a top decision making position in a major finance ocmpany. Is this what we all are supposed to do now ?
 
I hate to say this but at this point your chances are very dim...you have a wait of 3+ years atleast.

However if things change and PD become current for all then things are different.

I am EB3 (India) and my PD is April 2001 but I still am not sure if I will get my GC this year.

You can invoke AC 21 and explore your options. Ultimately at the end of the day....is this GC worth the wait is definitely a question to ponder upon.


Good luck.
 
EB3 India look like doomed !!!

I am also on EB3 with May 2001 PD. But I have no hope. I lost faith in the american immigration system. Unable to file 485. dmn...... thing..
 
Hello HaraKad..

Can you please explain 'You can invoke AC 21 and explore your options.'..appreciate your inputs

Yes, I was also struck with I-140 approved..(PD 2003)

HaraKad said:
I hate to say this but at this point your chances are very dim...you have a wait of 3+ years atleast.

However if things change and PD become current for all then things are different.

I am EB3 (India) and my PD is April 2001 but I still am not sure if I will get my GC this year.

You can invoke AC 21 and explore your options. Ultimately at the end of the day....is this GC worth the wait is definitely a question to ponder upon.


Good luck.
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Grandhipal said:
Harakad - What do u think of May 2002 PD for EB3 (India) - next year or any year? :) BTW, I already used AC21.
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U make me sound like an Astrologer :o I was just reading elsewhere that its going to take a very long time for EB3 filers unless there is a law that changes it!

I think U have to share your AC 21 experiences with us. Will be very useful for many of us who are weighing this option.
 
Harakad - I like your sense of humour :)
Ac21 experience:
ND on my 485 was Jan 2005, I140 approved now etc. Then I changed employers - supposedly same/similar job. Actually I left a fortune 100 company and now joined a Desi consultant. I am on EAD now. That makes me say I used AC21 option. I haven't yet sent the AC21 letter. Even though I changed employers, I have retained the same law firm. They are gathering some data and documents from my new employer so that they can draft the AC21 letter. We will probably file it next month (April 2006). AFAIK my previous employer hasn't withdrew the I140 (yet). I have no idea if there is a way to find out if they have substituted my labor to someone else after I had left. After thoroughly researching on AC21 I still keep wondering if I get to retain my PD afterall.

Even though I benefited from 485 filing (EAD, AC21), the 4 year wait (so far) makes me impatient with each passing month. I don't expect to change the employer again and don't have to file AC21 again. I have just started thinking about going thru the labor process again for EB2 under PERM but heaven't really decided yet. I don't have that kinda money :(


PS: Sorry to hijack the thread and for the self-rant.
 
I think Harakad here got confused, I am not eligible for AC21 because I have still not applied for 485, I just cleard 140 and stuck bcos of the deadly virus of retrogress.
 
gcseeker2002 said:
I think Harakad here got confused, I am not eligible for AC21 because I have still not applied for 485, I just cleard 140 and stuck bcos of the deadly virus of retrogress.
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Retrogression affects people who have not yet applied for 485 and also people who already applied for and waiting for adjudication. It is possible that Harakad din't know your exact status. You are right - to be eligible for AC21 you need to have applied for 485
 
Grandhipal said:
Retrogression affects people who have not yet applied for 485 and also people who already applied for and waiting for adjudication. It is possible that Harakad din't know your exact status. You are right - to be eligible for AC21 you need to have applied for 485
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Sorry....I wasnt aware of your status. So even that option is ruled out for U, un fortunately.

Grandhipal thanx for sharing your experience with us. I will definitely think twice before I use AC 21.


Good luck.
 
I am in a similar situation.140 approved and waiting for this retrogression stuff.PD is dec 2002.Have just 15 months on my H1.Thinking to take a fulltime job.If employer doesnt use my approved labor, is it possible to change.I am sure i cannot do anything with AC21 as i havent filed my 485
 
cool_desi_gc said:
I am in a similar situation.140 approved and waiting for this retrogression stuff.PD is dec 2002.Have just 15 months on my H1.Thinking to take a fulltime job.If employer doesnt use my approved labor, is it possible to change.I am sure i cannot do anything with AC21 as i havent filed my 485
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If it is 180 days past your 485 applied date then you are eligible to file AC21. However, you must file AC 21 before he attempts to withdraw your labor.

In your case looks like 485 has not been filed yet so this option is not available for you.

I know its very frustrating and only hope that we all see better times soon...
 
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