Is EB3 current again?

[patcha_card_03]

Yes, you can.

You can get 7th year extension on any labor that is pending on your behalf, approved on your behalf (if it is approved then you had to file 140), that is older then 365 days.

In your scenario, you will have either two pending 140's with different labors, (existing and perm), you can use whichever one is older then 365 days for the extension.

Now, here's a neat little trick, if you get eb2 approved with perm, and you already have an approved eb3 140, you can transfer the priority date from your eb3 140 to the eb2 140. This way you will be covered even if eb2 retrogresses to a date prior to your perm labor/140.

unitenations,

This reply looks very interesting to me..
I had posted the following in a different thread..

Could u pls answer this

===============================
Guys,

This may be a question/thread already started. But can someone shed some light on how to get info about name check done or not from FBI.

Can I have the email ID and a sample letter to mail it to FBI name check.
I appreciate your help.

More details on my case

LABOR 1 :
PD 10/2000, I-140 -denied - MTR - approved on 05/2003
but never used this
Labor 2
PD : 09/2002 (DE, worried as this is a satellite off)
I-140: ND 3/31/2003 - AD 07/31/2003
I-485 ND 3/31/2003 - AD ?????
FP1 09/02/2004 - mine
FP1 09/11/2004 - spouse

LUD changed for my case after FP recvd on 09/15/2005, never changed for my wife after FP1.

Now I am really stuck in this PD retrogression..

My attorney is not willing to change my PD dates by using the other approved labor and I-140 to the current I-485..

I don't have H1. I am on EAD now...

I am planning to take an appointment with Rajeev and ask the question, if it is possible to change the priority date of the current 485 using approved I-140 with a very good PD (10/2000) ???


I am worried if it gets into problem as I don't have a H1 and I am working EAD with current 485 (PD of this is 09/2002)


Gurus, do u have more info on this.. does this work for me..

And both labors are from the same employer, same skillsets.. never changed employer after filing GC...

Thanks in advance
===================================

 

[abc94536]

Few more basic clarifications -

Can I use my EAD to work on 1099 as Independent contractor? under ac21


Also, If the Labor is in EB3 category can I use it again (substitute it) to file it in EB2, while my current filing is on? I was wonedring if there is any other alternative ??

Is PERM already started? If not, when is it going to get implemented? any idea...


Thank you once again,

--------------------------------------------------------
Mine is Labor substituion case. EB3 /India. PD - Feb 2003.
140/ 485 concurrently filed - Feb 2004
140 approved. FP done, EAD/ AP recd.
** the dates for me and my wife's 485 changed on 12/22/2004. The msg remained the same.

 

[patcha_card_03]

unitenations,

This reply looks very interesting to me..
I had posted the following in a different thread..

Could u pls answer this

===============================
Guys,

This may be a question/thread already started. But can someone shed some light on how to get info about name check done or not from FBI.

Can I have the email ID and a sample letter to mail it to FBI name check.
I appreciate your help.

More details on my case

LABOR 1 :
PD 10/2000, I-140 -denied - MTR - approved on 05/2003
but never used this
Labor 2
PD : 09/2002 (DE, worried as this is a satellite off)
I-140: ND 3/31/2003 - AD 07/31/2003
I-485 ND 3/31/2003 - AD ?????
FP1 09/02/2004 - mine
FP1 09/11/2004 - spouse

LUD changed for my case after FP recvd on 09/15/2005, never changed for my wife after FP1.

Now I am really stuck in this PD retrogression..

My attorney is not willing to change my PD dates by using the other approved labor and I-140 to the current I-485..

I don't have H1. I am on EAD now...

I am planning to take an appointment with Rajeev and ask the question, if it is possible to change the priority date of the current 485 using approved I-140 with a very good PD (10/2000) ???


I am worried if it gets into problem as I don't have a H1 and I am working EAD with current 485 (PD of this is 09/2002)


Gurus, do u have more info on this.. does this work for me..

And both labors are from the same employer, same skillsets.. never changed employer after filing GC...

Thanks in advance
===================================

BOTH my labors are filed in EB3...

 

[GC_DJ]

Yes, you can.

You can get 7th year extension on any labor that is pending on your behalf, approved on your behalf (if it is approved then you had to file 140), that is older then 365 days.

In your scenario, you will have either two pending 140's with different labors, (existing and perm), you can use whichever one is older then 365 days for the extension.

Now, here's a neat little trick, if you get eb2 approved with perm, and you already have an approved eb3 140, you can transfer the priority date from your eb3 140 to the eb2 140. This way you will be covered even if eb2 retrogresses to a date prior to your perm labor/140.

Unitednations thanks for your reply. Followup question:

I am planning apply in PERM in EB2 with the same employer who filed my RIR in EB3. Do you think it will create any problems, since both will be pending at the same time. Is it allowed?

 

[patcha_card_03]

I just saw the posting that both are in eb3.

If you wanted to transfer the priority date of the earlier 140 to the new one, you can't do it according to the pearson memo.

However, you could withdraw the 485 and re-file 485 on the earlier 140.

My attorney is not clear if it creates some other complications. I don't know what complications it would create..


In your reply, you said that I-485 should be withdrawn and re-apply with my earlier labor with PD as 10/200.

But, I am right now working on EAD and donot H1. So I would be out of status !! Right !!!

For the other quetion, my first I-140 was not revoked and First labor was not used by anyone.

I thought, as both labors and I-140are on my name and can use the PD for the current I-485, which was filed using PD 09/2002 ??

Is this possible??

 

[abc94536]

I don't think so.

Each labor that a company has is for a different position. Therefore, a company would have two different positions and what you are doing by filing two 140's is having the option of which position you ultimately want to use when you get the greencard.

From a practical point of view, it doesn't make a whole lot of sense of how a company would be filing for two different positions for the same person but this type of sense is not factored into INA law and CFR's.

Therefore, there is no draw back to having two 140's with same company on different labors.

On the same note - while my current 485 is ON - without loosing it - Is it possible for me to join another company on EAD or H1 and have them start the process under EB2 category - under PERM probably?

 

[MunnnaMobile]

United Nations...

So, What do you think about my case..? I know I am like many others who are just stuck after so many LUD changes..!! What do you think? Is there any ray of hope any time soon or wait for another 6 months?


munna bhai

 

[abc94536]

Once again a basic doubt...

As above, if the Labor Filing date is May 19, 2002 and Labor approval date - Nov 20, 2003, whats the priority date?

How about in the case of Labor substitution- whats the PD?


Thanks!

 

[MD_Rockville]

As above, if the Labor Filing date is May 19, 2002 and Labor approval date - Nov 20, 2003, whats the priority date?

How about in the case of Labor substitution- whats the PD?


Thanks!

PD is labor approval date

 

[MunnnaMobile]

As above, if the Labor Filing date is May 19, 2002 and Labor approval date - Nov 20, 2003, whats the priority date?

How about in the case of Labor substitution- whats the PD?


Thanks!

Signatures updated !! my PD is May, 19 2002 as mentioned on my I-140 Approval.

 

[MunnnaMobile]

for 140's that require labor certification, the priority date is the date that the labor is RECEIVED by the state agency where you filed the labor

Thanks for the update !! so you think i should not expect any approvals now in the next few weeks..!! Why did my LUD changed so many times after the address update i.e. 10th / 16th / 17th & 29th? Any clues ? I also see that few ppl who had patterns of LUD change on 16th and 17th, they got their approval on 29th where as for me it was only a LUD change !!

Do you think i might get something in couple of weeks !! I think if i don't get anything in the next few weeks I might have to wait long.

 

[MunnnaMobile]

Here's the issue for you:

From the time the adjudicator approves your application, uscis does internal processing before they update the system and send out the approval.

A while ago, someone had posted of exactly when a visa is assigned to you by the adjudicator. If the visa is assigned to you prior to 12/30/04 but uscis is continuing their internal process for your approval then you may have a chance of getting approved.

However, counter to this logic is that the visa might be the last thing assigned to your case. Most people are saying that there is a direct correlation between their approval date and the date of the approval on the uscis web-site. Therefore, if the case is approved, internal processing is done and then the visa is assigned then you may be out of luck as the visa would have had to be assigned by 12/30/04.

I wouldn't get your hopes up too high.

Thanks a ton for the insight !!
I will hold on tight !! If not in couple of weeks then I will wait

 

[sb_gc]

Yesterday, I have received by 485 papers thru FOIA. I did notice a visa stamp from NVC assigned in part 3. My I-140 approval date is 06/14/04 and visa stamp date is 07/30/04. There is a number on top of it, but it's not clear (more than 12 digits).

One thing, I am inclining to believe is, USCIS requests for a visa number from NVC after I-140 approval. Now, I'm not sure whether a visa number or quota is assigned to a case at that time or during I-485 approval. I guess we will have to see in the coming days. Any insight from the members?

 

[TheRealCanadian]

One thing, I am inclining to believe is, USCIS requests for a visa number from NVC after I-140 approval. Now, I'm not sure whether a visa number or quota is assigned to a case at that time or during I-485 approval. I guess we will have to see in the coming days. Any insight from the members?

There is no point requesting a visa number until the case is actually about to be approved (ie. the only thing left is to determine if the visa number is available). If you search for the I-485 SOP posted in these forums (which is a few years old but more or less still accurate) you'll note that the visa number is one of the very, very last things to be requested.

There's no point getting it any earlier, since the criminal background checks may return positive, the I-140 might be withdrawn/revoked, etc. etc.

 

[abc94536]

for 140's that require labor certification, the priority date is the date that the labor is RECEIVED by the state agency where you filed the labor

As I got different replies here - once again is it the 'Labor Filing Date' in case of case of Labor substitution as well?

Thank you

 

[sree1965]

Here's the issue for you:

From the time the adjudicator approves your application, uscis does internal processing before they update the system and send out the approval.

A while ago, someone had posted of exactly when a visa is assigned to you by the adjudicator. If the visa is assigned to you prior to 12/30/04 but uscis is continuing their internal process for your approval then you may have a chance of getting approved.

However, counter to this logic is that the visa might be the last thing assigned to your case. Most people are saying that there is a direct correlation between their approval date and the date of the approval on the uscis web-site. Therefore, if the case is approved, internal processing is done and then the visa is assigned then you may be out of luck as the visa would have had to be assigned by 12/30/04.

I wouldn't get your hopes up too high.

I called to 603 334-0700 and asked for the NVC case number alloted to my case. They said NO.. I understood, usually they will give the case number within 60 days of the approval of 485. I checked one of my friends case whose 485 approved recently. Still his case also not alloted any case number yet. You can try and check...

 

[come2papagc]

I called to 603 334-0700 and asked for the NVC case number alloted to my case. They said NO.. I understood, usually they will give the case number within 60 days of the approval of 485. I checked one of my friends case whose 485 approved recently. Still his case also not alloted any case number yet. You can try and check...

Sree1965,
Cld you please share some information,

How do you know about your name check completed ??
Did you write an email to FBI or fax'd it ?

I wrote an email, no luck so far.

 

[try4gc]

there's been lots of discussion on labor substitution cases.

USCIS and department of state memos say in labor substitution cases it is original priority date.

8CFR seems to point to that priority dates are not transferrable between people. The two contradict each other. However, I believe the 8cfr is in a different context and not in labor substitution.

Could you please post the link to relevant documents from USCIS and department of state memos stating the same.

 

[abc94536]

I believe United Nations is correct - my lawyer also says -

USCIS and department of state memos say in labor substitution cases it is original priority date.

I wanted to confirm here - as I have started trusting this forum and expertise of veterans like - United Nations etc more than my lawyer.

Thanks

 

[desiladka]

Thats confirmed

I believe United Nations is correct - my lawyer also says -

USCIS and department of state memos say in labor substitution cases it is original priority date.

I wanted to confirm here - as I have started trusting this forum and expertise of veterans like - United Nations etc more than my lawyer.

Thanks

That is already confirmed. See at the several approvals today. They are Labour substitution where they considered original priority date.