From www.immigration-law.com
"Some people in the Indian, Chinese, and Philippines communities have a misunderstanding that all the EB-3 cases will retrogress to January 2002 beginning from January 1, 2005. It is not true. The visa numbers that will retrogress are limited to either "skilled worker" or "professional" categories. The visa number for "other workers" (occupations less than 2 years of experience by nature, nickname: unskilled worker) will remain "current" in January 2005. Accordingly, people will be able to file a new I-485 or continue processing of I-485 in the two situation. (1) Who obtained a labor certification for a job without college education and with less than two years of work experience, and file I-140 petition for the classification of "other worker" concurrently with the I-485 application. (2) Who obtained a labor certification for a job that requires more than two years of experience or higher education, but file I-140 petition for the classification of "other worker" concurrently with the I-485 application. In the latter case, they can file multiple I-140 petitions, one for either EB-31/32 or EB-2, and the other for EB-3 EW (Other Worker). People may want to seek legal counsel"
Do you think someone with LC in EB3 category file 140 as unskilled worker and beat the priority date without changing current employment as software developer?
-thanks
"Some people in the Indian, Chinese, and Philippines communities have a misunderstanding that all the EB-3 cases will retrogress to January 2002 beginning from January 1, 2005. It is not true. The visa numbers that will retrogress are limited to either "skilled worker" or "professional" categories. The visa number for "other workers" (occupations less than 2 years of experience by nature, nickname: unskilled worker) will remain "current" in January 2005. Accordingly, people will be able to file a new I-485 or continue processing of I-485 in the two situation. (1) Who obtained a labor certification for a job without college education and with less than two years of work experience, and file I-140 petition for the classification of "other worker" concurrently with the I-485 application. (2) Who obtained a labor certification for a job that requires more than two years of experience or higher education, but file I-140 petition for the classification of "other worker" concurrently with the I-485 application. In the latter case, they can file multiple I-140 petitions, one for either EB-31/32 or EB-2, and the other for EB-3 EW (Other Worker). People may want to seek legal counsel"
Do you think someone with LC in EB3 category file 140 as unskilled worker and beat the priority date without changing current employment as software developer?
-thanks
just keeping the thread alive.. gurus... feedback plz....