I-485 question. Please answer if you know.

[Newman05]

Hi guys,
I have a limited knowledge about the I-140/I-485 step. I still have a non RIR case. I filed a new PERM case and the PERM case was approved recently.
The only difference between the non RIR which still in the BEC and the approved PERM is the job minimum qualification, in the non RIR it was Master degree and 0 yr of exp. (I’m expecting it to be an EB2 Case). In the approved PERM it was BSc and 2 yrs of exp. (EB3 case)
I didn't file the I-140 yet. My concern is filing the I-485. Now I'm EB3 and under other countries category.
As far as I know the new fiscal visa year starts in October. Is that true?
Do you think that I will be able to file the I-485 this coming fiscal year?
If there’s any delay for how long do you think it will affect me?
Is there any chance to go for I-485 under EB2?

Please let me know.
Thank you very much in advance.

 

[pcc]

For both cases it will depend on your priority dates. With PERM, I'm assuming your priority date is fairly recent. If so, then it could take quite a while as EB3 other country is currently back in 2001.

From your description it does not appear possible to file the PERM approval under EB2 as it was approved with requirements of BS+2. If you have masters or BS+5 you may be able to file EB2 when the non-RIR LC is approved.

Check with your attorney to be sure and to discuss which is the better option for your situation

 

[bjorn]

Based on your situation, I assume you are from either India or China. I look at it like this. If you are from China, file the PERM with USCIS as retrogression for both EB2 and EB3 are the same date and you already have PERM available and get the I-140 over with ASAP, and just wait until visa numbers are available for you. If you are from India, file your non-RIR LC with EB2 if you can get that filed within 1 year or so, as EB2 vs EB3 for India is about 22 month difference in dates, so filing EB2 for India is a 22 month advantage.

 

[Newman05]

PCC. Thank you very much. I will call my lawyer but I was thinking of getting a second opinion from you guys before I do that.

Bjorn. Thank you for your response. I'm actually from Egypt so I should be under "other countries" category.

Waiting for more responses.

Regards.

 

[bjorn]

Then the answer is simple: non-RIR EB2. If you can get a hold of the non-RIR approved LC any time soon, and prior to retrogression potentially hits the "other" category, file the non-RIR EB2 and qualify for EAD, AP, and an I-485 visa number, as these benefits are available for EB2 in the "other chargeability areas" category. The DOS has issued statements recently that "other chargeability areas" in EB2 category does noot look like it will be retrogressed in the foreseeable future, meaning over the next 2-3 months. My guess is that if retrogression hits "other" and EB2, it will not happen until next summer, but that's just mere speculation, who knows. DOS cannot predict beyond January due to PERM cases being approved so fast and visa numbers used up much faster than under the previous and much slower LC process. Question: Any indication when your non-RIR LC may be approved?

 

[Newman05]

Thank you very much Bjorn. I have no idea when the non RIR will be approved. In fact we didn't receive the 45 days letter yet. I'm from Massachusetts and filed that non RIR on June 24 2003. I'm on the state level since. Everything went to BEC long time ago and no words have been heard from the BEC since.

 

[bjorn]

In that case, I would file the I-140 PERM case while aiting for the non-RIR. If/when the non-RIR arrives, you can always withdraw/cancel the PERM application, and I also believe it's OK to file multiple I-140s, so it would not be an issue in the first place, meaning that you can have an approval for the PERM I-140 and later get the non-RIR I-140 approved, and then submit the I-485 for the case which has the least retrogression.

 

[Newman05]

Again Thank you very much Bjorn. That was very informative. Thank you PCC for your help.

Best regards to all of you.