CP or AOS - EB3 Priority date issue

G

ggsr

Registered Users (C)
My I-140 case was approved for CP on Oct01-2004 under EB3 category. Per Dept. of State Aug 2004 bulletin priority dates for EB3 category might retrogress in late 2004 or early 2005. Am I safe if NVC creates a case number for me? OR my PD should be current till Consulate issues Immigrant Visa?
Is it a good idea to continue with CP OR Is it better to change to AOS?
Thanks in advance for sharing your experience/views on this topic.
 
hi
i tried to post a few times question on this and in vain received no answers
IMO
I think if you get your case passed the stage of transferring to consulate or getting an interview date ( which is roughly 4-5 months after 140 AD)
i think you are better off.

So it becomes really a chance you are taking to see in 4-5 months if you can cross that bridge, if not you will have to stay on PD queue in either case 485 or CP

We all are hoping that the PD will get in effect after the holidays say in Jan/Feb time frame and they have published it will affect the EB3s first

/S
 
PD-Consular process

You are right we have to take chance. Are you proceeding with Consular process?
 
Yes im doing CP and my case review completed on Oct 6 ' 04
waiting for it to be transfered to chennai consulate :( for past 8 days
some please send the mail out to chennai please.

/S
 
Can USCIS approve you for EB3 even if you apply for EB2?

With the possibility of EB3 regressing, I don't know who to get mad at, the lawyer or USCIS. :mad:
I have an MS degree and with my previous employer had an approved I-140 under EB2.
With my new employer, my new I-140 was approved under EB3.
Doesn't make sense. If VSC is not allowed to do that, then that means my company lawyers screwed up and checked EB3 in the I-140 application.

Does anyone know if USCIS intentionally approves people under EB3 even if they apply for EB2?
 
Hi (email)Raja,

Browsing through the forum I came across places where USCIS issues RFE if the beneficiary does not meet the requirements for EB2 and asked them to refile under EB3 and approved it. But we cannot rule out the possibilities for mistakes, in my view the only way to verify that is to ask your attorney to fax the copy of 1-140 application or receipt submitted for you.

Hope this helps...
 
kovai,

At least they are issuing a RFE (as they used to do before).

Sometime in in 2002 , they outright rejected it if it did not qualify for E2. (Your's truely was a victim of it).
 
pd issue

Suppose if the pd issue comes NVC will not send DS-3032 form and INS will not accept I-485 form.That means people already got ds-3032 form and people who filed 485 will not have any problem?
 
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how to find the pd ?

My case is EB3.
I140 approved on jun 04.and pd mentioned in the I14o is jun 03.

My LC was filed on oct 02.

Which is my PD date? :confused:
 
sachingp said:
The date INS recieved the I-140 application is your PD
Click to expand...

Mine was gone to labour.and it is EB3

Priority date is your place in line for getting the green card. If you have filed for alien labor certification, then your priority date is the date on which your application was received by the state level agency (SESA). If instead of labor certificate, you are going through the NIW/EB1 route, then your priority date is the date you filed I-140 petition. Your priority date is based on your country of birth and preference category(EB2, EB3 etc.) Currently priority dates for all the countries are current. But occasionally priority date for countries like India and China go back because they have huge backlog because of per country quota and huge number of applications from those countries.
http://www.immihelp.com/gc/aos/pd.html
 
alren said:
Agree with the above. It's the labor filing date for most of the applicants.
Click to expand...

Alren ,

My question is whether I have to contact the lawyer and request them to send a letter to INS and correct the piority date.My pd date shown in the I140 is aug 03.and my labour was filed on oct 2002.Please advise.
 
It's been a while since I saw the 140 doc(s).

You might be better off asking it in the 140/labor forums.

But do you actually need to get it done? Your 140 was approved in June, and you are furhter along in the process, right?
 
alren said:
It's been a while since I saw the 140 doc(s).

You might be better off asking it in the 140/labor forums.

But do you actually need to get it done? Your 140 was approved in June, and you are furhter along in the process, right?
Click to expand...

Alren,

Yes i will ask in 140 forums.Mine I140 was approved in jun 04.But it took 3 months to get the DS-3032 form.Mine is a EB3 case and at present EB3 is current.There is rumour that EB3 pd will not be current from jan 05.That is the reason Where i am worried.
 
If they have issued your DS3032 and you play your cards right, with the co-operation of the attorney, they should be reviewing your P3 by Jan 05.
 
alren said:
If they have issued your DS3032 and you play your cards right, with the co-operation of the attorney, they should be reviewing your P3 by Jan 05.
Click to expand...

Alren,

Lawyer is not in the picture now.I am filing of my own.you mean NVC will review the form with the help of the lawyer?
 
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appan said:
Alren,

Lawyer is not in the picture now.I am filing of my own.you mean NVC will review the form with the help of the lawyer?
Click to expand...
No! I mean to say the lawyer does not pro-crastinate in dealing with your case.
 
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