Impact of Perm on EB3 retrogession ?

M

mastmastana

Registered Users (C)
Does any one has any idea how PERM fast processing(60-90 days approval) will impact retrogession?

My priority date is Jan-04(EB3)...labor approved in Sep-04 and filed 140/485..... and am very happy to see the retrogessed dates move from Jan-02 to march-02

I am just wondering that PERM will open the floodgate of approved labor .. which might swing the dates back ...?

Is there any site that mentions the number of pending labor cases prior to March-2002.

Any thoughts..insights from fellow members will be appreciated...any forecasts when i should expect my case to be processed.
:D
 
Since your PD is before PERM came into existence, it should not impact you.
PERM will definitely open flood gates, many will be waiting for more than 2 years after PERM approval to file 140/AOS.
 
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Visas for March 02 EB3?

OP: Where did you see the priority date change to March 02 for EB3?
I still see it to be Jan 02 on bulletin.
 
Does anyone has an idea as to what will be the priority date for EB3 cases who filed before Mar-02 and will be getting there approval thru PERM... will they retain the ORIGINAL labor date as priority date or will get PERM refiling date as priority date.
In case they retain there ORIGINAL priority date, then we will see a flood of approvals(from slow states like NY) with Pre-March cases and that might move the RETROGESSION date back ...???
 
Thats a good point Mastana.. I am wondering what percentage of those case may be EB3 Others category, i guess a huge chunk.
 
RETROGESSION date

Mastana,

I guess RETROGESSION date won't move back. Here is what will happen
1. On March-28-2005 PERM will come into picture. PERM applicants will be get a decision within 45-90 days.
2. Applicants will be allowed to apply only I-140 as there date for I-485 will not be current.
3. PD will keep moving at a medium phase until March-28-2005. And after March-28-2005 the PD will crawl...or almost die for couple of years.
 
mastmastana said:
Does anyone has an idea as to what will be the priority date for EB3 cases who filed before Mar-02 and will be getting there approval thru PERM... will they retain the ORIGINAL labor date as priority date or will get PERM refiling date as priority date.
In case they retain there ORIGINAL priority date, then we will see a flood of approvals(from slow states like NY) with Pre-March cases and that might move the RETROGESSION date back ...???
Click to expand...

Okay what you are saying is not correct.
You are assuming that people from NY/NJ who have a priority date in 2001 will start applying for PERM and somehow retain the 2001 priority dates and hence will get the 485 approval faster once the PERM (labor) certification is done in 3-4 months. And all this will result in more backlogs in the Visa Numbers, and hence possibility of slow movement or even backward movement in priority dates.

The above thing wont happen because of the following.
1. They cannot retain the Priority dates of the previous labor applied in 2001 because you need to have an approved I-140 from the previous labor in order to retain the priority date.
2. If they happen to have the I-140 approved then they will not have to go through PERM anyway and will be able to file and get 485 faster as they deserve. This is not going to contribute into slower movement of PD cutoff dates.
3. As yet we dont know how fast the PERM is going to work. It says 6 months (Am I right?), but it may take more than that. And even if comes fast, these folks will only be able to apply I-140 (not 485) due to PD not being current.

The only scenario the Priority date will slow down or start moving backwards is if the backlog reduction centers start churning out labor approvals for backlogged cases from 2000 and 2001. This will surely result in the condition you are dreading.

This is what I figure.
 
neocor said:
1. They cannot retain the Priority dates of the previous labor applied in 2001 because you need to have an approved I-140 from the previous labor in order to retain the priority date.
Click to expand...
I can't agree with you. In some cases it's allowed to retain PD from old labour and refile on PERM. also don't forget about BEC (Backlog reduction centers) Soon they will start approving casing starting from the very old one.
 
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