BIG SLAP for EB3 - India

[Jackolantern]

In many of them CEO personally approves the decision to start green card process for someone.
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Really?

I only worked for fortune 500s so far, and so far I have been some how lucky to have GC papers in order and under my control. In all fortune 500s I worked for CEOs do not understand much about immigration process.

I worked for a Fortune 500 corp., and mine went all up the VP level. As well as senior people in HR and legal. Took more than six months to get all the approvals and get things in motion to the point of filing the labor certification. Then when the LC was approved, it was another 5 months before they filed the I-140.

In a small body shop you can directly interact with the owner and get things done quickly. In a big consulting company where they have hundreds or even thousands of H1B's working for them, they routinely file numerous labor certifications every year, so they can also get it done smoothly and quickly because they have an established process in place and their HR and legal staff are familiar with it.

But if you are in a big company with thousands of employees and you are one of 5 or 10 people in the whole company for whom they are willing to do the GC process, forget about changing from EB3 to EB2 in the same company. Doing that helps you but gives them no advantage ... you are already working for them, and you have EAD (or an infinitely renewable H1) so you are already authorized to work for them for as long as they want to keep you. Starting the process the first time was already a big exception for them, so there is no way you are going to get all layers of people in management, HR, and legal to agree to make more exceptions to redo it for you when it is unnecessary.

 

[Jackolantern]

(1) I know, I was asking what does it mean when the PD is 'Unavailable'. If you see the first post of the topic, it says EB-3 is 'Unavailable'.

It means the quarterly quota of EB3 green cards is used up, and no more EB3 green cards will be granted until the next quarter.

(2) and (3): I know that, thats why I said, if my GC process starts under EB-3 and then if I do get promoted to a _position_ which falls under EB-2, I am just trying to find out what are my options. Do I need to go through the whole labor process again ? or just file for I-140 under new category ?

Both labor and I-140 must be redone. In addition, your experience with the same employer is usually disregarded, so you would need to have the EB2 qualifications based on your experience/education prior to joining the employer.

Btw, I have another question:

(6) I just checked the visa bulletin:

For sept 08 the PD for employment based visa were:
EB-2: 01 AUG 06
EB-3: U

For oct-08, the PD for employment based visa are:
EB-2: 01 APR 03
EB-3 01 Jul 01

(a) How did the PD go in the reverse direction, from 06 to 03 ??

Towards the end of the fiscal year (which ends September 30), some unused EB1 green cards went into EB2, thus allowing them to bump EB2 up to Aug 2006. Now when the fiscal year restarted October 1st, EB1 gets a fresh quota and there is no spillover available yet.

(b) the difference between eb-2 and eb-3 in oct-08 is just 2 years. thats not very bad is it ? can the difference in years increase later on ??

Increase or decrease, anything can happen.