Outlook for FY2007

smart move

unitednations said:
Thanks UN for detailed infomation.

......

.....

I don't want to show people too much sneaky stuff but I'll give you a story of a person whom I know.

Works with Company A. Had 140 approved in eb3 from India with priority date in 2001. Has a friend company whom he wants to join; file perm labor in eb2 get 140 approved and port the date. However, he is 100% sure that company A will revoke 140. The plan of action was to let friend company file perm labor/140/485 asking for porting. He will stay with A and greencard should get approved within 4 months. Once greencard gets approved then he will say good-bye to A and join friend company. At this point, company A wouldn't be able to do anything.

This was very smart move. At this point Company A "lost" employee but they have LC with PD of 2001 unused and can be used for labor substitution. One employee is gone, but they can get another one with this labor substitution "benefit". This is the route Company A would have taken if they were as smart as this employee.

The above was executed perfectly. Perm labor got approved within one week, concurrent filing of 140/485 with friend company asking for porting. He got greencard with friend company and said good-bye to company A.
Click to expand...

-----------------------------------------
PD: Jan 2000
LC: Mar 2000
I-140 EB3: Jun 2000
I-140 EB2: Oct 2000
I-485: Jul 2000
I-485 AD: May 2002
 
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This was very smart move. At this point Company A "lost" employee but they have LC with PD of 2001 unused and can be used for labor substitution. One employee is gone, but they can get another one with this labor substitution "benefit". This is the route Company A would have taken if they were as smart as this employee.


Definetly company will take that route. What to loose. They will get another guy with the same $ they can get.
 
HARRY007 said:
This was very smart move. At this point Company A "lost" employee but they have LC with PD of 2001 unused and can be used for labor substitution. One employee is gone, but they can get another one with this labor substitution "benefit". This is the route Company A would have taken if they were as smart as this employee.


Definetly company will take that route. What to loose. They will get another guy with the same $ they can get.
Click to expand...


The only difficulty from our side is that it is hard to find companies that will do your Green Card without you joining them.
wish we were all so lucky :)

dhm2002
 
Thanks Un!!!

Hi,

Please accept my heart felt thanks for the help I had requested.

I guess you are right, as long as one follows the law and does things legally, one should be Ok.

On another note, while filing second I-140, is there a need on company's behalf to mention the first I-140 stuff to USCIS? Alternatively, how does USCIS find out about the first I-140 approval?

Thanks





*********

unitednations said:
Yes, we are digressing.

Also, people who work in "permanent jobs" and who cannot avail themselves of this opportunity, get a little upset because people are "jumping over them".

However, I will give you my experience:

First; Logic

A company files an I-140 immigrant petition for you because they want you on a permanent basis upon adjustment. It is quite possible that two companies could sponsor you (very reasonable in the real world that a person can get two offers at the same time).

Within the same organization a person can do "internal postings" and depending on HR rules a person can apply for two jobs at the same time and get offers from both (however, they can't obviously accept both).

The offer is the I-140. The acceptance is the 485. I-140 in real world/practical situation is that company and you both have intent to be employed in that postiion.

legally; it is company intent to hire you. Intuitively, it doesn't make a whole lot of sense that the same company will offer you two different jobs upon greencard approval.

However, because there is no limit on the number of companies who can file an I-140 for you and it is perfectly legal for your own company to sponsor you for two jobs then there is nothing wrong with it (LEGALLY).

Now; how can one person be eligible for two different jobs that have different skill sets? I like to give myself as an example: I have 16 years of professional experience. If someone asked me to give what my experience is; it could be as short as one paragraph or as long as 20 pages. Within those 20 pages; I could be qualified for 10 different positions. I am sure that everyone else would also be in this same situation who has a few years of experience.

I will give two specific examples that I am intimtely aware of:

1) Person has been working with company A for four years. He had labor in eb3 with priority date of August 2002. Labor got approved in August 2005; filed I-140 in September 2005 and approved in the same month.

Company starts filing perm labors in 2006. He starts considering whether to transfer priority dates and file labor in eb2 in different position. He files labor in May 2006 in eb2 with same company. Labor gets approved within two weeks. I-140 gets filed near end of June stating want priority date transfer with earlier priority date of eb3 with same company.

Note: EB2 salary was $108,000 and eb3 was somewhere in $50K range.

USCIS (texas) sends an RFE. It says prove ability to pay $108,000 from 2002 (remember, we wanted priority date transfer from 2002, even though the perm labor which was filed in 2006).

Now: company situation wasn't good in 2002 to show difference between $108,000 and what he actually got paid in 2002 but was fine in 2003-2006.

Anyways, argued with USCIS that ability to pay is "date of filing labor". In this instant petition, filing date was May 2006. Ability to pay only needs to be demonstrated from May 2006. Once the 140 is approved then priority date transfer is specific to employee and uscis should then give 2002.

Responded to RFE. After two weeks; get approval notice in eb2 with 2002 priority date.

Keep in mind; above was with the same company.


Situation #2

Person is working with Company A. Before, he joins company B, they file an I-140 for him in eb3 which is retrogressed. At the same time; literally one day later he has company C file 140/485 on perm labor in eb2 with priority date in 2005.

At the time of filing both 140's he was not employed by either company. Eventually, when he got a project he joined company B. Company B 140 gets approved (eb3).

Company C gets stuck with gigantic RFE regarding numberr of 140's that have been filed. Eventually, company B's 140 also gets approved.

He gets 485 RFE. It states, company b and company c both filed 140 and he is working with neither. USCIS wants an affidavit from person that when he filed 485 he had "intent" to join C.

He will send affidavit that he intended to join C when filing 485 and now he is joining company C to show his intent. Also, he is greedy and is going to ask for priority date transfer and uscis has to give it to him.

On another note:

Everyone dealing with this issue has a conflict.

Employer wants to keep you around as long as possible
You want to get greencard as fast as possible
Attorney wants to make as much money as possible but will take side of employer.
People who cannot avail themselves of this opportunity don't want you to jum infront of them.
Companies want to use your earlier labor to substitue for someone else.

Therefore, when people are giving advice they are always going to slant it towards their benefit. As long as you follow the law and the law says you can transfer priority dates between approved 140's then that is the main thing to know.
Click to expand...
 
Latest stats from USCIS as reported in immigration-law.com

10/06/2006: USCIS Director Updates Backlog Elimination as of September 2006

* Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:
o Total Pending Cases: 1,131,333
o Cases Pending Customer Follow-Up Action: 200,828
+ RFE or Fault in Initial or Other Required Documentation: 187,457
+ Others: 13,371
o Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
+ Family Based Cases: 682,936
+ Employment-based or Other: 110,786
o Cases Pending Other Agency Action: 136,763
+ 4,905: Other Agencies Investigation Result Waiting
+ 130,091: Interview Completed but Waiting for Name Check Clearance
 
AGC4ME said:
10/06/2006: USCIS Director Updates Backlog Elimination as of September 2006

* Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:
o Total Pending Cases: 1,131,333
o Cases Pending Customer Follow-Up Action: 200,828
+ RFE or Fault in Initial or Other Required Documentation: 187,457
+ Others: 13,371
o Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
+ Family Based Cases: 682,936
+ Employment-based or Other: 110,786
o Cases Pending Other Agency Action: 136,763
+ 4,905: Other Agencies Investigation Result Waiting
+ 130,091: Interview Completed but Waiting for Name Check Clearance
Click to expand...

Only one value is important:

- Cases Affected by Limits on Annual Immigration such as
Employment-based or Other: 110,786

It means that ~111K cases on the 485 affected by retrogression.
That's not bad if dependants also fall to that 111k
 
but some problems here.

the RFE list is huge

the name check list is huge,


if these 2 are also going to consume if the RFEs and the name checks are cleared, then it will add to the visa consumption.

also, let us say they advance the dates, for the retrogressed categories,
more people will apply and the number retrogressed then will increase.

I think we have to take these numbers as just a start.
 
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gc_tx_2003.......i advise you that you take personal information off from your post (mobile number)..........
 
oh, these backlog numbers include I-140.

then some of these RFE's could be I-140's

but the name checks have to be I-485's - either family or EMP.
 
United Nations,
Thanks for all yr posts ..I had 2 quick questions

1) in some posts you say you helped few people etc ..do you work at a lawyers firm ?
2) when do you think GC visa will be reach the date march 2004 for EB3 for Indian nationals ?
I have come to a conclusion that there is a good chance that no relief will be passed for people in EB3 India (outsourcing and the fact that nobody cares for EB3) ,..there may be relief for people who have obtained masters from US univ though.
 
Hi UnitedNation and other members,

Do you think upgrading a 140 application to premium would cause more investigations or more chances of A2P RFEs by the service center? Thanks for you time and good luck to all!
 
Simple question

Hello Everybody,

I have a very simple question. I am new to this retrogression, priority date concept even though I am affected by it, but just wanted to clarify my understanding. From what I read on the Oct 2006 bulletin, the current PD for the world (ie:citizens not from India, China, Mexico, Phillipines etc) is May 2002?

Could someone tell me if I understand it correctly?

I just had my I-140 submitted to the Nebraska Center, non-premium.


Thanks,

Stoned!
 
StonedAnt said:
Hello Everybody,

I have a very simple question. I am new to this retrogression, priority date concept even though I am affected by it, but just wanted to clarify my understanding. From what I read on the Oct 2006 bulletin, the current PD for the [rest of the] world (ie:citizens not from India, China, Mexico, Phillipines etc) is May 2002?

Correct.

Could someone tell me if I understand it correctly?

I just had my I-140 submitted to the Nebraska Center, non-premium.


Thanks,

Stoned!
Click to expand...
 
vine95050 said:
Hi UnitedNation and other members,

Do you think upgrading a 140 application to premium would cause more investigations or more chances of A2P RFEs by the service center? Thanks for you time and good luck to all!
Click to expand...

Are you using labor substitution? If so, that could also result in possible RFEs with greater scrutiny - should not matter premium or non-premium.

Good Luck.
 
desi3933 said:
Are you using labor substitution? If so, that could also result in possible RFEs with greater scrutiny - should not matter premium or non-premium.

Good Luck.
Click to expand...

Mine is original labor - from CA to SF regional to PBEC mess.. and now in the NSC mess. My lawyer thinks that there will be more investigation if one changes to 140 premium. I just want to see if there's any number to prove this..
 

Hello Desi,

Thanks for replying. I forgot to mention that I was inquiring for the EB3 category, so is May 2002 the current PD for EB3 cases?

Also, a person's PD would be when their labour certification application was filed, right?


Stoned!
 
StonedAnt said:
Hello Desi,

Thanks for replying. I forgot to mention that I was inquiring for the EB3 category, so is May 2002 the current PD for EB3 cases?

May 01, 2002 is the date for eb3 Rest of World. One can file for I-485 (or CP) if his/her PD is May 1st 2002 or ealier.

Also, a person's PD would be when their labour certification application was filed, right?

Yes. The PD is also mentioned in the approved I-140 notice.

Stoned!
Click to expand...
 
vine95050 said:
Mine is original labor - from CA to SF regional to PBEC mess.. and now in the NSC mess. My lawyer thinks that there will be more investigation if one changes to 140 premium. I just want to see if there's any number to prove this..
Click to expand...

What kind of investigations he is referring to? if Compnay can demonstrate ability to pay and your qualification match up with labor then there should not be any issue. Filing premium may make sense in some cases, but again there are some employers who would like to drag GC process as much they can.

You are the only person who can decide what is best for you.

All the best.
 
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