EB-3 retrogression problem

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Parth1970

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EB-3 retrogression problem


“Department of State (DOS), as predicted, announced that the Employment-Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date”I am Indian nationality, my labor certificate is file on June 2004, and so I have priority date in June 2004. My H1B visa will expire on April 2007.

My Question is as per new law even my Labor certificate approved in next few month, I am not be able to apply for adjustment of status ( I-485), till the visa number move June 2004.

If the labor certificate and I-140 is approved, and can not apply for I-485, due to visa number for EB3 (Indian), Should I get a 7th year extension base on Labor certificate and I-140 approved??Thanks
 
Parth1970 said:
EB-3 retrogression problem


My Question is as per new law even my Labor certificate approved in next few month, I am not be able to apply for adjustment of status ( I-485), till the visa number move June 2004.

If the labor certificate and I-140 is approved, and can not apply for I-485, due to visa number for EB3 (Indian), Should I get a 7th year extension base on Labor certificate and I-140 approved??Thanks
Click to expand...

You should. Lifted this from murthy.com

Sections 106(a) and (b) of AC21 set forth the following two requirements for such extensions: first, a labor certification application must have been filed for the person at least one year prior; and, second, either the I-140 (Immigrant Petition for Alien Worker) must also have been filed and be pending or approved, or else the I-485 must be pending. In those cases that do not require the filing of a labor certification, like the national interest waiver cases, the I-140 must have been filed a year prior and the I-140 or the I-485 must be pending.
 
Hi:
I am a health care professional which don't need a labor cerficate. Do I have to wait for a year till I-140 pending over a year to change job? Or I can change jobs once my I-140 approved and I-485 pending over 180 days?
Thanks! Joe
 
Nicejoe said:
Hi:
I am a health care professional which don't need a labor cerficate. Do I have to wait for a year till I-140 pending over a year to change job? Or I can change jobs once my I-140 approved and I-485 pending over 180 days?
Thanks! Joe
Click to expand...

You do not have to wait 1 year for using AC21. As long as your 140 is approved and your 485 is pending for more than 180 days, you can switch jobs without harming your AOS.
 
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