EB3-Biting problem

P

pani_6

Registered Users (C)
After waiting almost 2.5- 3 years for LC..when its finally approved by the BEC's we got to wait for another 2 years to file for i-140/485....because of date retrogression...ridicilous....we ned to organize ourselves and launch a
Class action law suit! against this endless wait...

Back logs shifting from the LC queue to the i-140 Queue.What are the options to deal with the current situations, many of us are in the 7th year extension already?.

Attorneys any idea's
1)How about a pre-emptive class action law suit.
2) who are the senators to contact to high light this situation.

Is there any thing at all we can do the mitigate our sufferings a little????????
or is this a hopeless situation to be in.
 
pani_6 said:
After waiting almost 2.5- 3 years for LC..when its finally approved by the BEC's we got to wait for another 2 years to file for i-140/485....because of date retrogression...ridicilous....we ned to organize ourselves and launch a
Class action law suit! against this endless wait...

Back logs shifting from the LC queue to the i-140 Queue.What are the options to deal with the current situations, many of us are in the 7th year extension already?.

Attorneys any idea's
1)How about a pre-emptive class action law suit.
2) who are the senators to contact to high light this situation.

Is there any thing at all we can do the mitigate our sufferings a little????????
or is this a hopeless situation to be in.
Click to expand...

If you have waited for 3 years (means PD of 2001 or early 2002) for labor You will not be waiting for filing I-485 in EB3.... As PD is likely to get retrogressed to Mid of 2002. Cases with PD before Mid 2002 will be able to apply Concurrently as soon as the LC gets cleared.
 
My PD was OCT2001 and now is APRL2003

I had applied in eb3-rir in oct 2001 in TSC...adjudicated on oct2002...since my company laid off people so DOL recommended eb-3rir to moved to EB3 queue.

Since RIR had very generic requirements for job requirements..they could not transfer the rir application to the EB3 queue directly, hence I had to file fresh and lost the previous priority date.

The DOL intent was to move all rir applications to non rir queue but did not provide the right means to do it.

I think a lot of people are affected by this situation because of DOL they could not retian their PD date
 
140 can be applied

Hi Folks,

I still think even if the dates get retrogressed, your compnay can go ahead and apply for 140. It is I think just that one cannot apply for 485 so would not be eligible for EAD/AP.

Any comments??
 
yes that's true

I just spoke to my attorney and she confirmed that is true you can apply for I-140 and not 485......
I dont see any use in applying for i-140 and wait untill the visa numbers which could be years....you are not in a better situation than when you were in the LC stage....no EAD ..no freedom of changing jobs....layoff..need to leave immdeately
 
Yes you are correct, Lets look at it on the positive side.

1). Get your 140 approval, while waiting for 485 dates to become current. This usually takes 8-12 months.
2). Opt for consular processing immediately after the dates become current. Get your immigrant visa.

The only real problem I of dates not being current are your spouse is not eligible for EAD(which is bad). Remember that, even when you file concurrently you still cannot change the job under AC21 until the 140 gets approved.
 
AC21 likely to change

Yates memo which states that one cannot changes jobs untill the i-140 is approved is currently being looked at to basically void it.
 
Do you mean to say that next version of Yates memo will be release saying that you can work even if I140 is not approved :rolleyes:
pani_6 said:
Yates memo which states that one cannot changes jobs untill the i-140 is approved is currently being looked at to basically void it.
Click to expand...
 
Ray or anyone,

Do you know at what stage EB2 or EB3 gets decided? My employer says when a labor is filed its not mentioned any where that it would be EB2 or EB3?????

Thanks
 
In 140 stage

EB2= MS or BS + 5 yrs
EB3= BS + 2 yrs exp

This term is used in 140 stage.


ohiostud said:
Ray or anyone,

Do you know at what stage EB2 or EB3 gets decided? My employer says when a labor is filed its not mentioned any where that it would be EB2 or EB3?????

Thanks
Click to expand...
 
Ok, So If one has BS+7 years experience before joining the employer. And it has not been mentioned in the labor application that it would be EB3. Are you saying that one can file in EB2. So Concurrent filing is possible for him as the priority dates are getting retrogressed for EB3 only.

This is the question I never understand.
 
ohiostud said:
Ok, So If one has BS+7 years experience before joining the employer. And it has not been mentioned in the labor application that it would be EB3. Are you saying that one can file in EB2. So Concurrent filing is possible for him as the priority dates are getting retrogressed for EB3 only.

This is the question I never understand.
Click to expand...

The category EB3 or Eb2 is decided based on the Job requirement (which is stated on the labor) not by your qualification.
 
pani_6, you cannot have a lawsuit. this is because the numerical cap is a clearly stated law, and legal can only make sure a law is correctly interpreted and effected, but cannot change the law. (you may gave better chance challenging DOL losing your PD when you changed.. that's still a slim chance, but better one)

the only out is to get congress to relax the law. a petition would be a good start, not on a challenging note, but on a humanitarian grounds.

~T
 
Whats the advantage of applying in EB2

Hi,
I recently am going to apply in fact my company is going to apply in few days. I have BS + 7 years exp. Should I ask to file in EB2 or EB3
 
We need to petition the congress

We need to petition the congress for a one time increase of visa numbes for the back logged cases..In this economy there are remote chances that we survive that long even to get an EAD...

Also I heard that both Reps and the Dems agree that all the back logged cases must be taken towards citizensship soon...so all we have to do is start a petition and fax to members of congress
 
eb2 depends on salary too

EB2 depends on salary too...you need to have a really high salary to meet EB2 requirements
 
We need to petition the congress

pani_6 said:
We need to petition the congress for a one time increase of visa numbes for the back logged cases..In this economy there are remote chances that we survive that long even to get an EAD...

Also I heard that both Reps and the Dems agree that all the back logged cases must be taken towards citizensship soon...so all we have to do is start a petition and fax to members of congress
Click to expand...


Maybe it makes more sense to ask for removing per-country visa number limit. It 's seriously under-utilized for other countries.
 
absolutely agree. better act now before it turns out to be too late.
if everybody or at least majority of these EB3s express their voice, it will be a serious message to the congress.
 
Start petition as the first step

its mostly indians in the e3 queue...expept for the nurses...I dont think the USCIS is in a great hurry to give GC's to Indians....
 
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