[B]~~~~~EB2 RIR to PERM~~~~~~ [/B]

trendsetter

Registered Users (C)
GURU's:

I'm planning to file PERM Lobor and I wld appreciate if you cld answer the following queries for me:

Here are my Case Details:

I filed my EB2-RIR in Nov 2004 and it went to BEC after getting clearence from State Labour of KS.
Now if I refile it thru the PERM ,I heard that I STILL can maintain the same PRIORITY DATE provided my PERM Labour got accepted successfully under the same job description/order.

My Queries:


If I convert to PERM what is the advantage for me interms of applying 140 and 485?

Can I apply them together or I have to go for 140 first and then 485 next?

What is the CURRENT date that is in action for filing 140 and 485?

Do I need to wait untill my PRIORITY DATE (based on EB2-RIR) comes OR I can file it as soon as I got my PERM Labor cleared?

I'm curious to know the advantage of PERM interms of getting my EAD atleast if NOT GC.



Looking forward to hear from you folks.

Thanks

TS
 
trendsetter said:
GURU's:

I'm planning to file PERM Lobor and I wld appreciate if you cld answer the following queries for me:

Here are my Case Details:

I filed my EB2-RIR in Nov 2004 and it went to BEC after getting clearence from State Labour of KS.
Now if I refile it thru the PERM ,I heard that I STILL can maintain the same PRIORITY DATE provided my PERM Labour got accepted successfully under the same job description/order.

My Queries:


If I convert to PERM what is the advantage for me interms of applying 140 and 485?
Your PD is Nov 2004. Suppose EB2 retrogress to Sep 2004, you can file I 140/485/EAD etc once your PERM is approved but people got PERM approval in Apr 2005 after wards can not get their I 485 approved. So you win the race.
Can I apply them together or I have to go for 140 first and then 485 next?

What is the CURRENT date that is in action for filing 140 and 485? for I 140 there is no date you can file any date. I 485 EB2 date is current now , but fate(retrogression) will be known Mid Aug 2005 only.
Do I need to wait untill my PRIORITY DATE (based on EB2-RIR) comes OR I can file it as soon as I got my PERM Labor cleared? read above ans
I'm curious to know the advantage of PERM interms of getting my EAD atleast if NOT GC. BEC going to take 3 years maximum to clear all the backlog. If you can wait , wait for it.


Looking forward to hear from you folks.

Thanks

TS
 
trendsetter said:
GURU's:

My Queries:


If I convert to PERM what is the advantage for me interms of applying 140 and 485?


In my opinion a convertion is a waste of time. (Based on what my lawyer said) File fresh PERM.

Can I apply them together or I have to go for 140 first and then 485 next?

You can file them together since concurrent filing of Form I-485 with Form I-140 is allowed if a visa number is immediately available. (No retrogression)
If there is a cutoff date set - the concurrent filling is not always allowed.
(People with PDs after the cutoff date are not allowed to file them together.)

What is the CURRENT date that is in action for filing 140 and 485?

Depends on your category. I-140 is current for anyone.
See this:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
and click on the "current bulletin" - everything is there.

Do I need to wait untill my PRIORITY DATE (based on EB2-RIR) comes OR I can file it as soon as I got my PERM Labor cleared?

Who knows? It's too early to say. The reason is - it takes time to register an employer and to get certification and you will most likely end up in fiscal 2006 which rules are unknown now.

I'm curious to know the advantage of PERM interms of getting my EAD atleast if NOT GC.

To get through PERM now means you get I140 now and I485 in the beginning of the fiscal 2006 and there is a high chance you get a GC in 6 months depending on your location. To keep your PD means your process is longer and you might not file I485 because of cutoff dates set to let's say early 2000. If you are EB2 - you are current now. You may not be current tomorrow.
 
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ThanQ Gr8Guru and ANJEY

Gr8Guru and ANJEY:

ThanX Guys

Just now saw your replies and they are elaborative.

Lemme get into the stuff once again and evaluate my case with your answers.

Will write you back if I have any Q's.

Thank you once again folks.

~TS
 

Anjey

Visa Bulletin always refers to I 485 only not I 140 as you posted.I 140 there is no date, any date you can file, there is no date restriction always.
 
Winner (old RIR PERM) and Loser (new PERM)

Atleast, at this point of time (Sep 2005) EB2 did not retrogress. Good news for EB2 folks those who are waiting for their PERM approvals soon.

The bad news is in DEC EB 1 & 2 is going to retrogress.

So fresh PERM approvals will get struck with I 485 approvals. Though they may get EAD but not approvals.

Those who keep PD converted in to PERM and waitied little more time in PERM will be the winners after Dec 2005

D. EMPLOYMENT VISA AVAILABILITY DURING FY-2006

The backlog reduction efforts of both Citizenship and Immigration Services, and the Department of Labor continue to result in very heavy demand for Employment-based numbers. It is anticipated that the amount of such cases will be sufficient to use all available numbers in many categories.

As a result cut-off dates in the Employment Third preferency category will apply to the China, India, and Philippines chargeabilities beginning in October, and it is possible that Mexico may be added to this list. In addition, it is anticipated that heavy demand will require the establishment of a Third preference cut-off date on a Worldwide basis by December.

The amount of Employment demand for applicants from China and India is also likely to result in the oversubcription of the Employment

First and Second preference categories for those chargeability areas. The establishment of such cut-off dates is expected to occur no later than December.
The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.
 
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great guru said:
Anjey

Visa Bulletin always refers to I 485 only not I 140 as you posted.I 140 there is no date, any date you can file, there is no date restriction always.


Yes. Absolutely. I was unclear. Sorry.
This is our best hope to file I-485 as soon as the visas are available in October.
I hope. Or else ...
 
Gr8 Guru .. EB2 RIR Winners Stuff....

So this change perfectly suit me , right? ... based on ur reply 2 my Q in the initial post of this thread....?

As they mentioned it as NO LATER THAN DEC 2005.....if I start my processing adn if everything goes fine...I think I will aviod that retrogress thing ealry next year......

lemem know ur opinion...guru
 
Anjey said:
Yes. Absolutely. I was unclear. Sorry.
This is our best hope to file I-485 as soon as the visas are available in October.

You can file, but approval in not going to be done as you are expecting.


I 485 can not be approved with in 60 days like PERM, it has lot of background checking etc


Previously you told converting RIR to PERM is waste of time, now you will know how much helpful to those who have done so. They gain almost one year PD. You will understand in Dec 2005.


I hope. Or else ...
 
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No Prediction a sure assertion

The retrogression prediction is very hard to make. Although the Visa Bulletins predict something its not a very likely prediction. The visa numbers phenomenon seems to be a very imperfect science.

For all we can predict, the EB2 number might retrogress in November or might start retrogressing in March or April 2006.

Does anybody know if a dependent filing a GC for a Primary person going for Employment based Green card, is the visa number used up for the dependent as well? or are these numbers limit only for primary?
 
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