Hi,
I am watching this forum for quite few days. I appologize if this is not the right place for my questions posted here. I appeciate if some body suggests me right forum or reply to my questions posted here.
I am working with a consulting company since last four years and at present my 7th year extension started from this June 13th. My employer has filed my labor in colorado in Jan 2003 under regular category(EB3). You guys know that the labor certification process did not move for years in colorado under regular category.
So, he again filed new labor from Kansas city under RIR (EB3) in June 2004 and labor got cleared in 2nd week of July 2004 and went chicago DOL.
. But for some damn reasons the process at Chicago DOL was on hold for months and after that our lovely immigration rules were changed and finally the application was sent to Dallas BEC.
In the month of May 2005 my attorney got 45 Days letter and replied to that. But again new blow on my fate as the retrogression was ammended to the process.
I have not travelled to india due to various reasons for last six years and now my employer is discouraging me to visit India as I am on 7th year extension. I am desparately looking for alternate plans to speed up my GC process. I need some suggestions from you guys and really appreciate for right suggestion.
Here are few questions
1. Can I convert my existing Labor application which was filed under regular (EB3) in 2003 January from Colorado to PERM ? is it suggestable? I know I can Convert, but my question is, is it going to create any problem for current labor which was cleared in State and at present in Dallas BEC (Kansas RIR-EB3 Cleared July 2004, 45 days letter received in May 2005 and responded.)
Coverting the PD Jan,2003 case to PERM is not a wise idea since it is real close to get the decision.As long as JOB postion/education/exp are different in two LC's you should be OK otherwise they may ask you to withdraw one.
2. Is it going to be a problem having two different labor applications (Regular -EB3 filed jan 2003 from CO and state not cleared, and RIR-EB3 Filed in June 2004 from Kansas, got 45 days letter for the second one.)? I heard that the regular applications filed in CO are also now sent to Dallas BEC. Now both the applications are in Dallas BEC. are they going to have conflict with each other? Do I need to with Draw any one of them? If that is mandatory situation which one is better to withdraw? Does Dallas BEC is going to send any letter asking us to with draw any one of the application?
I guess you can understand from my above reply for this question
3. Can I use the priority date of my first application filed in Jan 2003 from CO under regular-EB3 to the latest one Filed from KS in June 2004 under RIR-EB3?
Only when the Jan,2003 labor 140 got approved you can transfer the PD to the later one.
I am really, really looking for sincere suggestions. Thanking you all guys in anticipation.
Regards,
Where_my_GC