My lawyer says that after LC then it is fast

[shanti1]

Hi, My labor through Dallas BEC is almost approved. I applied via RIR in Feb 2005, My lawyer used EB3 instead of EB2 (ridiculous excuses for that and I only came to know now), and therefore I asked him to refile PERM under EB2 (worldwide - I am also starting my 7th yr H-1b extension) and the lawyer said NO, once the Labor is approved the next is fast (referring to the I-485 for my wife to work which would take one year more).

Now I am reading that the I-485 filing date is related to PD? What PD, my PD of Feb 2005 when I applied for labor or the PD of the date I filed I-140 which will be around September 2006 (replied 45 day letter in May 2006).

My question is, where will I stand in a que, Will I get in the line behind the people that applied for labor before me (i.e. 4/ 2003), or will I get in the line (I-485) behind the people whose labor got approved before me ?or the PD is a generic way to explain and what they really do is once the I-140 is approved there is a line according to the case number of I-140? thank you very much.

 

[radd]

Hi, My labor through Dallas BEC is almost approved. I applied via RIR in Feb 2005, My lawyer used EB3 instead of EB2 (ridiculous excuses for that and I only came to know now), and therefore I asked him to refile PERM under EB2 (worldwide - I am also starting my 7th yr H-1b extension) and the lawyer said NO, once the Labor is approved the next is fast (referring to the I-485 for my wife to work which would take one year more).

Now I am reading that the I-485 filing date is related to PD? What PD, my PD of Feb 2005 when I applied for labor or the PD of the date I filed I-140 which will be around September 2006 (replied 45 day letter in May 2006).

My question is, where will I stand in a que, Will I get in the line behind the people that applied for labor before me (i.e. 4/ 2003), or will I get in the line (I-485) behind the people whose labor got approved before me ?or the PD is a generic way to explain and what they really do is once the I-140 is approved there is a line according to the case number of I-140? thank you very much.

Is the lawyer company lawyer or yours? If yours, fire him immediately.. He is feeding you with not only wrong info but also has screwed you big time...

Firstly, answers to your Q. When filing I1485.. your PD has to be current..PD is the priority date of your LC which in your case is, Feb 2005.. Do you know the dates for EB3 are retrogressed to OCt 2001 (worldwide).. this means that you need to wait XXX years for it to move to Feb 2005 in order to file I1485/AP/EAD.. It can take donkey years for that.. And your wife working on EAD in a year's time... just forget about it... It will take a mega miracle for that to happen.. What you can do is just file I140 and get stuck to your employer for a very long time..

If you had filed in Eb2, the dates are current for worldwide.. which means once your LC is approved, you can immediattely file for I140/I1485. With this, your wife can work on EAD earlier than a year.. EADs are being approved in like about 2 mths nowadays..

Solution:

Fire the brainy lawyer and get another one.. I can give recommendation, if you want..

Quickly get another LC done in EB2. Don't waste this golden opportunity.. Don't know but even EB2 worldwide can go into retro.. If your company is not willing, find another who is..

radd

 

[shanti1]

Thank you so much Radd for your answer, the lawyer was paid by the employer and I was always finding his comments doubtful, imaging that he doesn't even provide me with a case number! . My 7th year extension starts in 3 months and will be approved anyday now, so will be my labor. I had BS+5 at the time of filling for labor and talked to the lawyer about EB2 and he agreed, now I came to know that he filed for EB3, reason, salary may be not enough which doesn't seem right but anyway now it is higher. Am I still having enough time to file PERM? (this time paid by me and with a good lawyer which I take recommendations if anyone wants to recommend one). Another thing, can I change my employer and file for PERM with the new one? I have been out of US one month only so my 6 years of stay will be completed in November 2006. THANKS SO MUCH

 

[radd]

Thank you so much for your answer, the lawyer was paid by the employer and I was alway finding his comments doubtfull, imaging that he doesn't even provide me with a case number! . My 7th year extension starts in 3 months and will be approved anyday now, so will be my labor. I had BS+5 at the time of filling for labor and talked to the lawyer about EB2 and he agreed, now I came to know that he filed for EB3, reason, salary may be not enough, but since then anyways I got a promotion so EB2 would have worked. Am I still having enough time to file PERM? (this time paid by me and with a good lawyer which I take recommendations if anyone wants to recommend one). Another thing, can I change my employer and file for PERM with the new one? I have been out of US one month only so my 6 years of stay will be completed in NOvember 2006. THANKS SO MUCH

Once your H1 is extended than you have till end of your 7th year - end of next year to get LC and I140 approval...

Are you planning to use Cross-chargeability or do you belong to other countries? I have send you a private message..

radd

 

[shanti1]

Yes, I am using CC and I am planning to re-apply, this time EB2 Worldwide concurrent filing of I-140 and I-485 after refiling for labor under PERM.

 

[HaraKad]

Hi, My labor through Dallas BEC is almost approved. I applied via RIR in Feb 2005, My lawyer used EB3 instead of EB2 (ridiculous excuses for that and I only came to know now), and therefore I asked him to refile PERM under EB2 (worldwide - I am also starting my 7th yr H-1b extension) and the lawyer said NO, once the Labor is approved the next is fast (referring to the I-485 for my wife to work which would take one year more).

Now I am reading that the I-485 filing date is related to PD? What PD, my PD of Feb 2005 when I applied for labor or the PD of the date I filed I-140 which will be around September 2006 (replied 45 day letter in May 2006).

My question is, where will I stand in a que, Will I get in the line behind the people that applied for labor before me (i.e. 4/ 2003), or will I get in the line (I-485) behind the people whose labor got approved before me ?or the PD is a generic way to explain and what they really do is once the I-140 is approved there is a line according to the case number of I-140? thank you very much.

Who is your lawyer? I would like to meet him.....

My LC PD is 2001 (EB3) and I am yet to receive my GC. I have a minimum wait of 6 months to a year!!

Please change your lawyer ASAP.