** Pending 485 Eb3 Cases Affected By Priority Date Retrogression **

manisha005 said:
I have applied for Labour in EB3 in March 2003 from Vermont and have just received recruitment instructions from the SESA office.

Since my labour is in its preliminary stages, I was considering if I should withdraw that labour application and re-apply via PERM in the EB2 category.
I am hoping that this would be a faster route to the GC in view of the recent retrogress in the EB3 category. It would be a bad decision if EB2 retrogresses too in the future. Any estimate on that?

Any advice/suggestions from the experts will be appreciated.
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u cannot suddenly descide if the job qualifies for EB2 or EB3. Let ur employer descide that as it may have legal implications. For ex: I'm qualified for EB2[US Masters degree] but my job dosent require Masters degree so my employer filed labor in EB3.
I would rather let attorneys descide on which category to file labor. Initially EB2 was faster but later on EB2 and EB3 had same processing times. So things change within matter of days.

Also just because currently EB3 is affected by PDR, it dosent predict anything about EB2 applicants. Also ur attorney/employer can withdraw current labor petition and file under perm if they wish to do so. I advise u study all scenarios before making that important decision.
 
More Clarification needed ?

TheRealCanadian said:
Since the priority dates for both individuals are the same, it is almost impossible for the primary to be approved and the priority date for the derivative to not be current. (The only situation I can think of is the primary gets approved on 12/30 right before retrogression kicks in).


Well, once the primary is approved or loses H-1 status, the H-4 holder is out of status and not "legally in country". Once she has been out of status for 181 days, she is ineligible for 245k benefits and needs to do CP. Once she has overstayed the I-94 by 180 days she is subject to the 3 year bar and basically is screwed.
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Well, what about this situation. My spouse is in US on H1 and due to this PDR, I will not be able to apply 485 for the same. Assume, my 485 gets approved before PD (just in case) and say, 180 days has passed after it approval... Can I still apply 485 for my spouse, once the PD becomes current ?
 
Raebava,
You are in much better situation than me as your wife is on H1 (mine is on H4). She can file I-485 anytime (even after 6 months) after your I-485 approval bur she needs to maintain her H1 status until she files her I-485 as your dependent.

mk0991
 
raebava said:
Well, what about this situation. My spouse is in US on H1 and due to this PDR, I will not be able to apply 485 for the same. Assume, my 485 gets approved before PD (just in case) and say, 180 days has passed after it approval... Can I still apply 485 for my spouse, once the PD becomes current ?
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How do u expect ur 485 to be approved if PD is not current? Until its current ur 485 will not be approved and she cannot apply for her 485.
 
Fast_GC_Seeker, RealCanadian
Now my attorney says that I can file my wife's I-485 even if my PD is not current because she is dependent. I am really confused. What will happend if we send my wife's I-485 now when my PD is not current? Will the USCIS accept the reject the application itself? or the worst case that they will accept the application and later reject her I-485??

mk0991
 
mk0991 said:
Now my attorney says that I can file my wife's I-485 even if my PD is not current because she is dependent.
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So what? Her PD's not current. Ask him if he'll refund your fees out of his pocket if USCIS rejects the application. ;)

More than likely they'll reject off the bat. The only question is if the checks get cashed first or not.
 
mk0991 said:
Fast_GC_Seeker, RealCanadian
Now my attorney says that I can file my wife's I-485 even if my PD is not current because she is dependent. I am really confused. What will happend if we send my wife's I-485 now when my PD is not current? Will the USCIS accept the reject the application itself? or the worst case that they will accept the application and later reject her I-485??

mk0991
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I heard the samething from my attorney too. Please post more details

Thanks
 
Is there any way we can conact USCIS to know if one can file dependent's 485 when primary applicant's PD is not current?? I read Yate's memo on EB3 retrogression and searched USCIS site but can't find anything specific information about this.


TheRealCanadian said:
So what? Her PD's not current. Ask him if he'll refund your fees out of his pocket if USCIS rejects the application. ;)

More than likely they'll reject off the bat. The only question is if the checks get cashed first or not.
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mk0991 said:
Is there any way we can conact USCIS to know if one can file dependent's 485 when primary applicant's PD is not current?? I read Yate's memo on EB3 retrogression and searched USCIS site but can't find anything specific information about this.
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There is no reason to find that out as PD of dependent are same as primary.
 
One more approval

Today in Rupnet, one more approval for EB3 with PD > Jan-02. Details on that case:

PD: 03/01/02
RD: 02/06/03
ND: 03/06/03
1 FP: 03/20/03
2 FP: 11/25/04
AD: 01/18/05 NO RFE

Again not sure what's happening !!! :confused:
 
nsc_green_card said:
Today in Rupnet, one more approval for EB3 with PD > Jan-02. Details on that case:

PD: 03/01/02
RD: 02/06/03
ND: 03/06/03
1 FP: 03/20/03
2 FP: 11/25/04
AD: 01/18/05 NO RFE

Again not sure what's happening !!! :confused:
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any comments on this TheRealCanadian or others?
 
Hey EB-3 folks:
I found an article online. The guy said used visas in a fiscal year from other countries would be made available to Philippines, India and China nationals. Is this true? If it is true, it is very likely that visa will become available or current again at the last quater year of 2005. Check this interesting article out:

http://murthyforum.atinfopop.com/4/...182&m=718109864

Ben
 
Hello

Could not open the link goodbm.
But there are chances of moving forward earlier based on the number of visas available. It is done the same in 2000/2001. In eight months time the visa dates were current.
So we hope and Pray the same.
 
For those who filed I-140/I-485/EAD/AP concurrently in the month of December 2004. I have seen EAD and AP being processed normally (take my case for example). And I know for sure that I-485 applications will not be touched until their PD becomes current.

What about I-140 though? So far I have not seen any I-140 cases getting approved after Jan 1, 2005 that have PD > Jan 2002. Is this a deliberate action on part of USCIS? Are they not processing I-140 applications simply because they don't want people to use AC21 while their I-485 applications are pending due to retrogression?

Any takes on this one??
 
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