Boston Regional DOL Tracker

retrogression - consequences ?

How does the Eb3 Retrogression affect I140 / 485 application ?

Does it mean that after Labor is cleared concurrent filing is not possible and just I140 application can be done ?
Does it affect EAD / AP ? When do we get the Interim EAD ?

Could someone please explain what it means ?
I am not fully aware of the consequences.
 
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Visa Number Retrogress

help4lc said:
How does the Eb3 Retrogression affect I140 / 485 application ?

Does it mean that after Labor is cleared concurrent filing is not possible and just I140 application can be done ?
Does it affect EAD / AP ? When do we get the Interim EAD ?

Could someone please explain what it means ?
I am not fully aware of the consequences.
Click to expand...

Help4lc,

This topic is very very tricky. Even I have been trying to get the right answers. Here are the few questions I have in mind that need to be clarified. Can someone who knows well, answer them correctly?

1. Does the Visa Number retrogress effect both EB2 and EB3 equally or in different way. To put it another way, are the Visa Numbers separate for EB2 and EB3.
2. What date is considered as the priority date for anyone applying for I-485. Is it the date when the 485 is filed at the INS or the date the labor was first applied.
3. If the date retrogess, usually how much time it takes for it to become current again.
4. If the 485 has already been filed and later the Visa Numbers retrogress to a date that is before the priority date of the application. does the EAD and AP also put on hold?

Whoever has the correct picture can answere them
neocor
 
help4lc said:
How does the Eb3 Retrogression affect I140 / 485 application ?

Does it mean that after Labor is cleared concurrent filing is not possible and just I140 application can be done ?
Does it affect EAD / AP ? When do we get the Interim EAD ?

Could someone please explain what it means ?
I am not fully aware of the consequences.
Click to expand...


As of I know, no matter whether EB2 or EB3 you can concurrently apply for I140, I485, EAD and AP immedietly after your labor get cleared.

You will get EAD/AP in between 30 to 90days after your application submitted to USCIS. Don't worry!!

Regards,
L.Badhi.
 
neocor said:
Help4lc,

This topic is very very tricky. Even I have been trying to get the right answers. Here are the few questions I have in mind that need to be clarified. Can someone who knows well, answer them correctly?

1. Does the Visa Number retrogress effect both EB2 and EB3 equally or in different way. To put it another way, are the Visa Numbers separate for EB2 and EB3.
2. What date is considered as the priority date for anyone applying for I-485. Is it the date when the 485 is filed at the INS or the date the labor was first applied.
3. If the date retrogess, usually how much time it takes for it to become current again.
4. If the 485 has already been filed and later the Visa Numbers retrogress to a date that is before the priority date of the application. does the EAD and AP also put on hold?

Whoever has the correct picture can answere them
neocor
Click to expand...
The distribution of 140K employment based immigration visas are distributed as follows.
EB1 - 40K
EB2 - 40K
EB3 - 40K
EB4 - 10K
EB5 - 10K
The unfilled EB1 will go to EB2 and the unfilled EB2 will go to EB3 and so on. so the answer to your Q1 is the numbers are different for each category.
Q2-the date at which labor application filed at SWA is called priority date, the 485 application will be processed based on this date.
 
Yes Laborbadhi - right now we can.We are discussing about the scenario when the dates are retrogressed .

LaborBadhi said:
As of I know, no matter whether EB2 or EB3 you can concurrently apply for I140, I485, EAD and AP immedietly after your labor get cleared.

You will get EAD/AP in between 30 to 90days after your application submitted to USCIS. Don't worry!!

Regards,
L.Badhi.
Click to expand...
 
gc_xp said:
The distribution of 140K employment based immigration visas are distributed as follows.
EB1 - 40K
EB2 - 40K
EB3 - 40K
EB4 - 10K
EB5 - 10K
The unfilled EB1 will go to EB2 and the unfilled EB2 will go to EB3 and so on. so the answer to your Q1 is the numbers are different for each category.
Q2-the date at which labor application filed at SWA is called priority date, the 485 application will be processed based on this date.
Click to expand...

gc_xp, this is an interesting data. With regard to priority date, any idea how it is determined for people who get labor substitution?
Say for instance if I get a substitute labor which was applied in June 2001 and I apply for 140/485 this month. Will my PD be June 2001 or Nov 2004 ?
 
gc_nh, the question was not asked to me but I happened to know the answer from one immigration site (I forgot which one). The priority dates are with a person (when he got into the process of GC) and not with a case.
When you are using a substitute labor then your priority dates do not get transferred(with your case). The priority date in your case will be this month.

But friends ... this talk of retrogression .. are you certain this is going to happen ? One thing I found out about this forums is that people love to think of the worse. I bet this topic was discussed for every single year after 485 became current.


gc_nh said:
gc_xp, this is an interesting data. With regard to priority date, any idea how it is determined for people who get labor substitution?
Say for instance if I get a substitute labor which was applied in June 2001 and I apply for 140/485 this month. Will my PD be June 2001 or Nov 2004 ?
Click to expand...
 
menon,

I tend to agree. I've been at this for 2 years now and all the news I hear on these websites are very negative which makes sense if you were an immigration attorney. You want to convery an emergency situation at all tmes. But at the same token I HAVE BEEN AT THIS FOR TWO YEARS. So it is bad. Conclusion? Who knows!

To keep your sanity you need to somehow relagate this issue to the back of your mind. I haven't been able to do that yet.

In the meantime I figure the first step is the LC, once that clears then I'll worry about retrogression and all the other s**t.
 
menonsatishb said:
gc_nh, the question was not asked to me but I happened to know the answer from one immigration site (I forgot which one). The priority dates are with a person (when he got into the process of GC) and not with a case.
When you are using a substitute labor then your priority dates do not get transferred(with your case). The priority date in your case will be this month.

But friends ... this talk of retrogression .. are you certain this is going to happen ? One thing I found out about this forums is that people love to think of the worse. I bet this topic was discussed for every single year after 485 became current.
Click to expand...

No. Priority is the date when LC application was officially received by the state. During substituion/regular adjudication this date is considered as priority date.

Priority date is not attached to a person, it is for the LC. if the priority date retrogress, For example if date of lc application was received by Aug 2003 and if the visa date retrogress to December 2003 then the person is eligible for adjudication.

Remember inorder to get adjudicated the lc application received by date(priority date) must be within that cut-off date.
 
webjockey said:
No. Priority is the date when LC application was officially received by the state. During substituion/regular adjudication this date is considered as priority date.

Priority date is not attached to a person, it is for the LC. if the priority date retrogress, For example if date of lc application was received by Aug 2003 and if the visa date retrogress to December 2003 then the person is eligible for adjudication.

Remember inorder to get adjudicated the lc application received by date(priority date) must be within that cut-off date.
Click to expand...

Thanks for all the responses. Staying on the same topic of discussion, does any one have any clue how this would affect AC 21 - portability in this scenario?
Say for example, I would apply for my 140/485 this month. In the month of Jan 05, the PD moved way behind my PD. So, my I 485 will not be picked up for processing untill my PD is current. Most likely I might get my I 140 cleared well before my I 485 is picked up for processing. In this scenario, can I avail AC-21 - portability if I have got my 140 approved and I485 has been applied for more than 6 months even though my PD is not current ?
 
gc_nh said:
Thanks for all the responses. Staying on the same topic of discussion, does any one have any clue how this would affect AC 21 - portability in this scenario?
Say for example, I would apply for my 140/485 this month. In the month of Jan 05, the PD moved way behind my PD. So, my I 485 will not be picked up for processing untill my PD is current. Most likely I might get my I 140 cleared well before my I 485 is picked up for processing. In this scenario, can I avail AC-21 - portability if I have got my 140 approved and I485 has been applied for more than 6 months even though my PD is not current ?
Click to expand...

As per the AC-21, you are eligible to leave the employer 180 days after receipt date even your I140 is not approved but too risky. If I140 is approved, yes you can change the employer provided the job offer is for permanent position(salary, designation, job duties must align with the LC)
 
Do you guys know of any RIR rejections from Boston DOL? And the reasons for such rejections. Any information can help. Thanks
 
gc_nh said:
Thanks for all the responses. Staying on the same topic of discussion, does any one have any clue how this would affect AC 21 - portability in this scenario?
Say for example, I would apply for my 140/485 this month. In the month of Jan 05, the PD moved way behind my PD. So, my I 485 will not be picked up for processing untill my PD is current. Most likely I might get my I 140 cleared well before my I 485 is picked up for processing. In this scenario, can I avail AC-21 - portability if I have got my 140 approved and I485 has been applied for more than 6 months even though my PD is not current ?
Click to expand...

Thats a good question. But I have feeling that if the 485 gets filed before the dates rtrogress then you are fine. The only problem is if the dates retrogress before you file the 485. In that case you dont get to file 485 althogather. And that clearly is a problem.

gc_xp
Thanks for putting that break of EB visa distribution. but this confuses the retrogress issue more. Clearly the EB thing is valid only for I-140. So does that mean the Visa number retrogress effect from I-140 stage? But it seems you will be eligible to file I-140 even if the visa numbers retrogress. This leaves me with a conclusion that EB Category has no bearing on Visa Number retrogress issue.

Menon.
I agree with you to an extent that some of the fears may be too farfethced and too negative. I just backtracked the origins of this latest retrogress issue. This began with the official posting on the Murthy site a few months back. I really dint know/read about this issue until now, this started floating aorund once the 485 started moving fast this year.. So may be its not that farfetched. I would say the predicted date for retrogress maybe a bit farfetched. It may not happen in Jan 05 but surely in the first quarter of 05. But I guess looking at the INS track record, people dont want to assume anything positive. But it does provide some people a stimulus to jump start their GC process or to finalize a decision. Not that anyone can do anything once the papers are filed.

And yes I know this is not the right forum to discuss this issue, but I see lot of us are on the verge of approval from boston, and this is the next thing to be worried for once Labor approval comes through. Most of the answers are thire in the I-140 and 485 forums, but there are too many of them (1-140, 485 forums) scattered around, its difficult to get some clear information at one place.

neocor.
 
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Seems like AVM is broken... for the past one month... I have being trying this.. almost.... but no use..... for the god's sake it they fix it atleast we know our case status :mad:

Thanks

jifjef said:
did anyone talk to the "nice lady" today? Any news on the AVM?
Click to expand...
 
stop calling

Guys -- please stop calling the number or use discretion. They will let you know if its approved... or let your lawyer handle the communication.

I know most of us have been waiting for approval for long time... but repeatedly calling them is not gonna help everyones case!! Its just gonna slow down as they have spend time to lookup ur case.
 
VJ,

our calls slow nothing down. They have assigned the same lady to answer phones at the same time every week. She is not in the middle of working on cases; her sole role during those hours is to answer the phone.
 
I agree with Jifjef. Our anxiety just drives us crazy. During this season, let us just push all these off, and giving thanks and our appreciations to God and people around us. Everything is in His hand and in His time!
 
Got NOF

My Maine Non-RIR received by BOSTON in fourth week of August. Attorney received NOF in third week of November. I will update about NOF next week.
What will be my category EB2/EB3? LC 750A says BS with min. 3 yrs exp required for the position. I have BS with 7 yrs exp.
Advance Thanks
 
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