Filing I485 eligibility

A

ashirwadb

Registered Users (C)
Hi folks,

My company filed for LCA under (now defunt) RIR with a priority date of 12/9/04. Now with PERM into place, they are willing to re-file. however, the lawyer's mentioning that for Indian citizens, even if the labour gets cleared, I485 cannot be filed until 3 yrs of PD (RIR or PERM), so it wouldnt make sense for me to re-file the case under PERM since it would move out my (then new) PD by about a year. They want me to pursue my RIR filed LCA, let it take its due course to get approved and after 3 yrs of my RIR PD, they would file I485. I havent heard of this rule ever before and has hence come as a surprise to me. Is there anything that I am missing here? Is it true or am i just being taken for a ride here.

Comments and answers appreciated!
Thanks.
 
ashirwadb said:
Hi folks,

My company filed for LCA under (now defunt) RIR with a priority date of 12/9/04. Now with PERM into place, they are willing to re-file. however, the lawyer's mentioning that for Indian citizens, even if the labour gets cleared, I485 cannot be filed until 3 yrs of PD (RIR or PERM), so it wouldnt make sense for me to re-file the case under PERM since it would move out my (then new) PD by about a year. They want me to pursue my RIR filed LCA, let it take its due course to get approved and after 3 yrs of my RIR PD, they would file I485. I havent heard of this rule ever before and has hence come as a surprise to me. Is there anything that I am missing here? Is it true or am i just being taken for a ride here.

Comments and answers appreciated!
Thanks.
Click to expand...
Indian citizen+EB3 --> cannot apply for 485 now as visa numbers are unavailable.
 
Thanks for the reply!!! But I was filed under EB2. And as the lawyer points out, its got nothing to do with which category RIR's been filed in, I guess. The 3 yr period is irrespective of visa numbers being available or not, what he mentions is that its a mandatory 3 yr wait... and then subject to availability of visa numbers, the case may be proceeded.

So the initial query still persisits.. is it true that a Indian citizen has to wait for at least 3 yrs since PD to file for I485? Just in case it makes a difference, I was filed, as mentioned, in EB2.

Comments/answers appreciated.
Thanks!
 
There is nothing like three year period "waiting". I think your employer along with Attorney are bluffing you. They just want to make money on you and burn your H1B time. It can take 1yr , 2yr or 3yrs to get your Labor approved. After labor is approved. you are eligible for I-485 if Visa numbers for EB2 is available for India at that time.
 
Last edited by a moderator:
Thanks Guys!!!
So as per what i gather, it would make sense to re-file under PERM and hopefully on getting the labor approved, concurrently file I140 and I485 assuming that EB2 would still be current around that time (Jan'06).

Also another query, can a RIR PD be maintained upon re-filing with PERM?

Comments/answers appreciated.
Thanks!
 
You must log in or register to reply here.
Top