I-485, AC-21, Concurrent filing guidance

[dreams_n_work]

Dear Friends,

I have been reading these posts in the last month and am getting accquanited with our issues. I truly appreciate all the wonderful work done here and hope I can do the same in time. It is a good feeling to know of the community coming together for common causes.

Kindly guide me on my case. My labor was filed in New Hampshire in June 2004. It was sent to Boston DOL in September. I am expecting a clearance in the coming few days. My processing center is Vermont.

I have a B.E. from Bombay University and ten years plus of software work experience. My lawyer mentions that my filing will be in the EB3 category.

I have read about the possibility of the I-485 priority date moving back for EB3.I am also confused about the concurrent filing of I-140 and I-485. I would like to get my I-140 cleared earlier and at least have the option of AC-21 in case of any challenging situation. Even if the 485 is adjusted later on.

What would people here advise me. Should I even request the lawyer to consider EB2 and file in both categories simaltenously.

Should I continue with EB3? If so how do I ensure to get the benefit of AC-21 if my I-485 priority date moves back? What would be the approach different people would take if they were in the same position as me.

Thanking you for the guidance.

 

[ginnu]

Dear Friends,

I have been reading these posts in the last month and am getting accquanited with our issues. I truly appreciate all the wonderful work done here and hope I can do the same in time. It is a good feeling to know of the community coming together for common causes.

Kindly guide me on my case. My labor was filed in New Hampshire in June 2004. It was sent to Boston DOL in September. I am expecting a clearance in the coming few days. My processing center is Vermont.

I have a B.E. from Bombay University and ten years plus of software work experience. My lawyer mentions that my filing will be in the EB3 category.

I have read about the possibility of the I-485 priority date moving back for EB3.
----- that is reported by many sites that EB3 for India, China will be moving back to 2002 in Jan 2005, you will know the correct dates when you need the new Visa bullition
I am also confused about the concurrent filing of I-140 and I-485.
----- if your LC gets approved and you file I-485 and employer files I-140 at same time BEFORE the EB3 dates retrogress then you may become eligible to get EAD AP
I would like to get my I-140 cleared earlier and at least have the option of AC-21 in case of any challenging situation.

Even if the 485 is adjusted later on.
------- it is not in your hands to get your I-140 cleared, everybody wishes to get I-140 cleared or I-485 cleared early
What would people here advise me. Should I even request the lawyer to consider EB2 and file in both categories simaltenously.
------ ask the employer/lawyer if you qualify for EB2, but they have filed EB3 and you expect it to be approved
Should I continue with EB3? If so how do I ensure to get the benefit of AC-21 if my I-485 priority date moves back?
---------AC21 is applicable only if your I-140 is Approved and I-485 is pending morethan 180 days and you are able to find same/similar future permanent job offer
What would be the approach different people would take if they were in the same position as me.
----- those who are in your position will reply to you
Thanking you for the guidance.

 

[jish]

EB3 retrogression average times.

Will the PD for NON-RIR and RIR cases be treated differently, i.e will the USCIS take the avg of all RIR and NON-RIR receipt dates in SESA for all centers across the country and come up with a new PD in Jan-2005. If thats the case then doing a small math shows new PD for EB3 folks for Ind/China would be somewhere in 3rd Q of 2002.
There are plenty of 2001,a few 2000 receipt dates for NON-RIR applicants in SESA which are pending approval.

 

[ginnu]

Will the PD for NON-RIR and RIR cases be treated differently,
-- PD is eshtablished the day LC is filed RIR or NON-RIR does not matter

i.e will the USCIS take the avg of all RIR and NON-RIR receipt dates in SESA for all centers across the country and come up with a new PD in Jan-2005.
---no they will not take average
If thats the case then doing a small math shows new PD for EB3 folks for Ind/China would be somewhere in 3rd Q of 2002.
There are plenty of 2001,a few 2000 receipt dates for NON-RIR applicants in SESA which are pending approval.

 

[jish]

Then how is it calculated ? Is it arbitary ? Or goes by truly quotas of high immigrant country senders and by employment category ?
Why mid of 2002 is widely speculated by AILA and some members from this forum ?