I am screwed! Should I file Perm EB3 now that...

[rosatiamo]

I am from Singapore and filed for RIR EB2 in November 2004. I started preparing for perm filing in July and now I am ready to file EB3 perm. My attorney in July told me to file perm EB3 because he thought that EB3 will not retrogress for other countries(I can file for 485 immediatel after perm), and he thought perm EB3 is easier to pass than perm EB2. Now what do I do?

If I file perm EB3 now, since it has been retrogressed to 2001, I might have to wait for 4 years before I can file 485.

If I do not file perm EB3 now and wait for my RIR EB2 to clear Philly BEC, because EB2 has not retrogressed for other countries, it will be very fast once my RIR is cleared. But who the hell knows how long it will take for my RIR to get out of BEC???

Either way, I think I am screwed. I should have done perm EB2. But given the situation, what should I do? Should I go ahead with perm EB3 filing? Thanks for your advice!!!!

 

[sheetalam]

What is the confusion about!

I fail to understand why you would even think of filing EB3, when you filed RIR EB2? What/who is stopping you to file for EB2 again?

 

[rosatiamo]

I prepared to file for perm EB3 because my attorney(how incompetent! ) in July told me to file perm EB3 because he thought that EB3 will not retrogress for other countries(I am from Singapore). If it does not retrogress, it is similar to EB2 in time needed, and he thought perm EB3 is easier to pass than perm EB2 in my case, due to my low salary (much lower than EB2 PWD). Now I am stuck with either filing a perm EB3 now or wait for my RIR EB2 (PD: 11/2004). What should I do? I am all done preparing perm EB3! Should I still go ahead and file perm EB3 and get a labor cert in hand first?

I fail to understand why you would even think of filing EB3, when you filed RIR EB2? What/who is stopping you to file for EB2 again?

 

[Japanese]

My two cents...

I prepared to file for perm EB3 because my attorney(how incompetent! ) in July told me to file perm EB3 because he thought that EB3 will not retrogress for other countries(I am from Singapore). If it does not retrogress, it is similar to EB2 in time needed, and he thought perm EB3 is easier to pass than perm EB2 in my case, due to my low salary (much lower than EB2 PWD). Now I am stuck with either filing a perm EB3 now or wait for my RIR EB2 (PD: 11/2004). What should I do? I am all done preparing perm EB3! Should I still go ahead and file perm EB3 and get a labor cert in hand first?

rosatiamo - I think you would have to look at this a few steps ahead. If you are to file for PERM under EB2, would your background, education, and experience be all sufficient to have I-140 and I-485 approved? PERM is just one step, but I think the burden of proof would get progressively rough as you go up the higher chain of command at USCIS.

If you feel that you have everything to qualify yourself as EB2, you should by all means file PERM under EB2. If you are not sure, don't gamble on it because you will pay for it later. Seek an advice from a competent immigration attorney. It may cost you a few hundred bucks but it will be the best few hundred dollars you will ever spend on yourself.

Lastly, are you on h1-b? If so, why not just apply for extension of h1-b? Step back, take a deep breath, and look at this from a different angle. There is always a way out.

Japanese

 

[rosatiamo]

Thanks, Japanese! I am leaning toward getting the labor cert first through EB3 perm. I feel it is safer for me, especially after what you said. But this way, I will lose my priority date of 11/2004 and go down one level to EB3. Waiting is really painful. Now I must choose to wait for BEC to clear my RIR EB2 or to wait for my turn to file 485 using perm EB3. Maybe the senate judiciary meeting will give me some hope this week. If the unused visa numbers are allowed to be recaptured, maybe EB3 for rest of the world will become current again. Too many maybes though.

 

[Japanese]

Thanks, Japanese! I am leaning toward getting the labor cert first through EB3 perm. I feel it is safer for me, especially after what you said. But this way, I will lose my priority date of 11/2004 and go down one level to EB3. Waiting is really painful. Now I must choose to wait for BEC to clear my RIR EB2 or to wait for my turn to file 485 using perm EB3. Maybe the senate judiciary meeting will give me some hope this week. If the unused visa numbers are allowed to be recaptured, maybe EB3 for rest of the world will become current again. Too many maybes though.

rosatiamo - I am really sorry about the wait. I can painfully understand the whole ordeal of waiting. I, myself, started the whole GC back in July of 2000 and just got my plastic.

Is your h1-b still valid? If so, I say keep on renewing your h1-b and wait until you can file I-485 and be on EAD. I hope this retrogression mess will be taken care of soon.

Once again, it may also be wise to seek advice of a competent immigration attorney on this matter. Write to Rajiv or other attorney that everyone here talks about (sorry, as a courtesy to Rajiv, I do not want to mention the attorney's name on here).

Japanese