BIG SLAP for EB3 - India

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ses12345

Registered Users (C)
I cannot believe that EB 2 has moved to June 06 and EB 3 is Unavailable. I was under EB 3 not by my choice but by mistake and need to go through this. Not sure what is going to happen to all pending EB 3 now.

Any way we all need to wait and only wait. :D :D :( :(

EB 3 PD Nov 2001.
 
There is some hope in October

http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html

D. EMPLOYMENT THIRD PREFERENCE “OTHER WORKER” VISA AVAILABILITY

Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become “unavailable” beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year.
 
How about earning a masters degreee? That can be done in about 2 years, compared to 5+ years of wait. It is unfortunate but true , until all these bills are applied for improving employment based category are passed.

Actually having an MS can also increase a pay and usually the fees paid are paid back within 1 year, with salary increase.
 
greatgc said:
How about earning a masters degreee? That can be done in about 2 years, compared to 5+ years of wait. It is unfortunate but true , until all these bills are applied for improving employment based category are passed.

Actually having an MS can also increase a pay and usually the fees paid are paid back within 1 year, with salary increase.
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Greatgc..you are riding on high horse of yours.... Many of EB3's already have Masters degree and 5+ years of experience....it just they are stuck in EB3 lane because of initial labor application job description.
 
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it just they are stuck in EB3 lane because of initial labor application job description.
***********

In that case they will be stupid to not file another 140 under Eb2. Just couple of bucks and peace of mind.
 
greatgc said:
it just they are stuck in EB3 lane because of initial labor application job description.
***********

In that case they will be stupid to not file another 140 under Eb2. Just couple of bucks and peace of mind.
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It is right only if someone works for a small bodyshop. But if it is big company with many thousand employees, it can be not easy, and money is not an issue. They are so slow and so many people need to be agreed (on the differen levels) to start the green card again that you never want to start it over again.

In many of them CEO personally approves the decision to start green card process for someone.
 
are you kidding. EB3 is lucky because you are going to get 2 year EAD. regarding EB2, it will retrogress may be next month (by the time all the EAD applications are done) and most of the people will nto get 2 year ead. There is no way EB2 is going to be current atleast for now(there are many eb2 labors approved in 2007).
 
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 agree it may not be that easy for every one, however, I know except for body shops every where else GC process is comparatively less political. Body shops can't be trusted for any amount of money one pays to them for GC. And I have been lucky to never work for any Indian employer or any bodyshop.

I replied to this thread to bring attention to all existing alternatives one more time, as sometimes when we are disturbed we may forget things we already know.

I wish good luck to all EB3 filers. It's sad that educated people are stuck in this stupid process for years while political people are working on giving GC to poeple that are not legal.

GOOD LUCK.
 
It is right only if someone works for a small bodyshop.
********************

Try talking to legal department of your corporation and say that YOU WILL PAY FOR SECOND 140 and legal expense for the same.
Also explain it it legal. They ***MAY*** agree.
 
greatgc said:
It is right only if someone works for a small bodyshop.
********************

Try talking to legal department of your corporation and say that YOU WILL PAY FOR SECOND 140 and legal expense for the same.
Also explain it it legal. They ***MAY*** agree.
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greatgc.. Those are lot of astrix. generally big organization do not agree to proposition that employee paying for 140 application....may be yours does. Trying to classify not being able to file 2nd I140 in EB2 as "stupidity" is stupid and arrogance on your part. People waiting for years look at all the options and do the best..when possible in in their specific situation.
 
greatgc ... no offense ... but please do everybody a favor !!!

Just because you have been lucky or fortunate, stop making generalized assumptions and believing that everybody is in similar situation as you think they ought to be in. Please consider, however improbable it may be, that problems that you aren't able to envision can impact other people's GC process.

==============================================================

eb3, india
pd, Jun 2001
140 approved May 2006
485 RD Jun 2007
FP Aug 2008
 
greatgc said:
it just they are stuck in EB3 lane because of initial labor application job description.
***********

In that case they will be stupid to not file another 140 under Eb2. Just couple of bucks and peace of mind.
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Ok, I am ignorant...can anyone shed some light. I know I am eligible for EB2, but because of my stupid attorney, I am stuck in EB3 with priority date of Jan 2003. I have a MS degree from USA and work experince of 8 years in USA.

Can I just go ahead and file a new I-140 based on my EB3 labour? My current attorney says, I cannot do that. Please advice.
 
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Hmm... I would have thought a new 140 can only come into the picture if there is a new JOB in the picture... I would sure love to hear from greatgc how he convinced a Fortune 500 company to 'create' a new job for him... In very special circumstances, when the employee can do a change of position within the company and HR and legal is okay with him paying for the changed applications will that special circumstance come into play.

The fact is any of these manuverings (sp?) take on additional risk - of delays, of papers getting lost, of denials etc. Also, I think a large part of the green card process is luck - I know many many people here on the boards who have later PDs than me, who "jumped" the queue using substitute labors, and some who jumped to a whole different queue altogether - all almost getting ready to apply for citizenship!

:( So - back to waiting!
 
DeshWasi said:
Can I just go ahead and file a new I-140 based on my EB3 labour? My current attorney says, I cannot do that. Please advice.
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From what I understand:

The "EB" classification is decided when the labor certification is applied for. It is based on both the job description and your qualifications. Having the qualifications for EB2 is not sufficient, the job should require it.

To qualify as an EB2 applicant, you would have to get a new labor certification, with a new job description that requires the EB2 qualifications.
 
Hey everyone, sorry to bring up this older thread, but this one pretty much captures my situation. I have a MS degree, work for a fortune 500 company, in a position that falls under EB-3. I just filed my labor.

(1) What does 'Unavailable' mean. Does that mean they are currently not even processing EB-3 application. There is no priority date ?? Then what will be the priority date when they _do_ start processing EB-3 ?

(2) Let's say I get my labor approved for EB-3. Then I get promoted to a position that falls under EB-2. Can I file for I-140 under EB-2 ? Or do I need to file a new labor under EB-2 ?

(3) Likewise, let's say I get my labor and I-140 approved under EB-3. Then I get promoted to a position that falls under EB-2. Can I filer for new I-140 under EB-2. or do I need to file a new labor under EB-2 ?

(4) Can i retain my EB-3 Priority date if I file a new labor under EB-2 ?

(5) For people who qualify for EB-2, work for a fortune 500 company, under a position that falls under EB-3, and the company is not willing to 'create' a new job for you. Have you guys considered leaving your current job and look for a company that is willing to hire you for a position that falls under EB-2 ? I am just trying to understand what do you guys give more importance to:

- Being under EB-3 but doing a job that you want to do.
- Being under EB-2, maybe compormising on your job, but getting your GC 4 years earlier.

Thanks !!
 
(1) What does 'Unavailable' mean. Does that mean they are currently not even processing EB-3 application. There is no priority date ?? Then what will be the priority date when they _do_ start processing EB-3 ?
You can file I-140 as soon as you are ready, but you cannot file for I485/765/131 till the PD is current. PD is the date when DOL recieves your PERM app.

(2) Let's say I get my labor approved for EB-3. Then I get promoted to a position that falls under EB-2. Can I file for I-140 under EB-2 ? Or do I need to file a new labor under EB-2 ?
My understanding is that EB2 or EB3 judgement is based on degree+expreience. If labor cert job education req ask for bachelor's with less than 5 years and/or masters with less than 2 years exp (I think) then it is to be filed under EB3. If job req asks for bachelor's with a minimum of 5 yrs and/or masters with minimum of 2 years and/or Ph.D then you are good to go for EB2. Mind you that people such as UN, CuriousGeorge, JAckolantern have comented on this in much greater and explicit details than I have. I would look for their comments on the subject if I were you.

(3) Likewise, let's say I get my labor and I-140 approved under EB-3. Then I get promoted to a position that falls under EB-2. Can I filer for new I-140 under EB-2. or do I need to file a new labor under EB-2 ?
I understand that if you exceed the experience (BTW, which has to be independent of the position your future employmnt will require) then you are good to file a new PERM and EB2
(4) Can i retain my EB-3 Priority date if I file a new labor under EB-2 ?
You can retain the EB3 PD if and only if your I-140 for EB3 is approved...so far as I know

(5) For people who qualify for EB-2, work for a fortune 500 company, under a position that falls under EB-3, and the company is not willing to 'create' a new job for you. Have you guys considered leaving your current job and look for a company that is willing to hire you for a position that falls under EB-2 ? I am just trying to understand what do you guys give more importance to:

- Being under EB-3 but doing a job that you want to do.
- Being under EB-2, maybe compormising on your job, but getting your GC 4 years earlier.
That is a personal choice...but then ask yourself... do you need green card to get a different job? of you are happy with the job you have and GC can wait?
 
Hey RunningSloth, thanks a lot for your reply..!!

(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'.

(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 ?

(4) Can anybody please confirm this ?

(5) What do others have to say ?

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 ??
(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 ??

Thanks, I am sorry if my questions seem a little naive, but I am just new to this.
 
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