PERM will be a catastrophe unless ...

[antonioa77]

well many people think that with PERM in effect, the green card process will get easier and faster. but this is not true, if PERM is implemented soon.

many people who r new applicants will apply through PERM and will get their LC cleared shortly then those people will apply for i140/ i485. this means:

1- that a person who is waiting with the old system since let's say 2003 will get his lc after a person who applied in 2005.
2-the people of 2005 will take the visas numbers remaing for this yr which means the retrogression of visa numbers will enlarge and perhaps reach everybody. in a simple term, the 2005 people will take the visa numbers and we leave the 2003 applicants with nothing.
3-consequently, the system is not then a FIFO(first in first out) it will be a LIFO (Last In first out).

it is a mysery if uscis doesn't expediete the i140 and i485 to fit this avalanche that is coming with DOL backlog elemination and also the congress has to increase significantly the visa numbers. otherwise, no green card for early fillers for anohter many yrs. it is so depressing.

 

[allaboutgc]

that is why i am curious about how to convert from RIR to perm

 

[Gc_puli]

The proposed PERM regulations allow pending RIR-style applications to be converted PERM-style processing. But conversion requires that the employer document a pattern of PERM-style recruitment during the six month period immediately preceding the conversion request. That means more advertising and other recruitment efforts will be required.Employers with pending RIR applications should evaluate the potential for faster certification under PERM against the costs of further recruitment.

Furthermore proposed PERM regulations says, the requirement should be just education and number of years experience in job offered. No skills requirements is allowed. 5% variation in PW is not allowed. If pending RIR LC meets these qualification, then it can be a convertable one.

No one knows now, what the final rule will say about converson. It may be flexible or more tough. Keep the fingers crossed till it appears in the web.

 

[ppzz]

I am a new applicant. Could anyone give me some opinion that I should wait for PERM in position or put me to the BEC using old RIR(file the application right now). The problem is that I have to use EB3. Because of the visa retrogression, in either way I got to wait for a long time. so, PERM and RIR, which one is better for me?

Thanks!

 

[gp111]

antonioa77

1- that a person who is waiting with the old system since let's say 2003 will get his lc after a person who applied in 2005.
2-the people of 2005 will take the visas numbers remaing for this yr which means the retrogression of visa numbers will enlarge and perhaps reach everybody. in a simple term, the 2005 people will take the visa numbers and we leave the 2003 applicants with nothing.
3-consequently, the system is not then a FIFO(first in first out) it will be a LIFO (Last In first out).

1. Yes Person applied in 2005 may get approval before other person applied in 2003.. BUT with PD of 2005 .. & PD not being current for him he will be waiting for a long long time before he/she can apply I-485 !

2. How can people of 2005 take all the Visa numbers ? The PD not being current for 2005, they will not be taking ANY visa numbers... people with PD 2003 will be filing for I-485 way before people of 2005 !!!

3.. don't you think the whole GC process (not only LC) will be still FIFO ??

 

[antonioa77]

antonioa77



1. Yes Person applied in 2005 may get approval before other person applied in 2003.. BUT with PD of 2005 .. & PD not being current for him he will be waiting for a long long time before he/she can apply I-485 !

u r assuming that all applicants r from india ,china and filipine under EB3 that will retrogress soon. this is not true. what i'm talking about is the categories of worlwide eb-3 applicants and all eb-2 that didn't retrogress yet. with people of 2005 going to those categories they will take a large part of those current visas, which will lead a to a retrogression in those categories. therefore, people of 2003 have to wait for a visa number because other people from 2005 took them before them. it is tricky.

2. How can people of 2005 take all the <A title="Free Platinum Card" style="COLOR: #65b45c; TEXT-DECORATION: underline" href="http://toolbar.desktoptraffic.net/cgi-bin//ezlclk.fcgi?id=8" target=_blank>Visa</A> numbers ? The PD not being current for 2005, they will not be taking ANY visa numbers... people with PD 2003 will be filing for I-485 way before people of 2005 !!!

see below

3.. don't you think the whole GC process (not only LC) will be still FIFO ??

it will not remain FIFO as long as the visa are not retrogressed especially in eb-2 categories. morevoer u have to know that now USCIS will be more flooded with application for i140and i485. u have two conduits from which applications r coming at the same time from DOL:BEC and PERM. BEC is for the old cases and PERM for 2005. a catastophe is on the way.[/SIZE]??

see above

 

[honkman]

see above

1) That has nothing to do with PERM. People not from India, China etc. "take away" visa numbers anyway according to your argument.

2) + 3) Did you ever thought about that there are people which are not from India, China etc. and which are quite happy about PERM because it might speed up their LC ? It is very egoistic to write that PERM will be horrible for everybody when it is not true. People not from India, China didn't complained before that people from India and China slowed down their LC process because there are so many people from these countries who are apllying for the LC. I can fully understand that everybody from India and China is not happy about recent developments but you should start to distingush more between who might advantages from the recent development and who not. The only thing you are doing is writing that everything is horrible which is totally wrong.

 

[antonioa77]

Originally Posted by gp111
antonioa77




- Did you stop to think for a moment that each country in the worldwide section has a specific % of visa numbers available??
I dont see how people in worldwide section can impact others by taking their place in 2005.
On the other hand, if you believe that USCIS will utilaze unused worldwide numbers to accomodate other EB3 applicants - that is still not clear.

well u r forgetting one thing that many applicants were waiting since 3 yrs (because of DOL and USCIS backlogs that will be removed in a short period now) and adding to them 2005 this means u need a quota to fit 4 yrs. in each category u have just 40000 visa a yr. and a country will be backlogged when it rechs at most 7 % so u have now india china and filipine this means 21% r already reserved. 21% of 40000 is around 10000. therefore u r left in this yr for one category with 30000 visas. those visas will accomodate for the principal applicant and his dependents. say the averge number per family is 3. therfore 30000/3=10000 applicants are needed to fill the worlwide quota. therefore with 4 yrs of backlogg i'm pretty sure there will be at least 10000 applicants ready to be cleared. make the math.

 

[gp111]

Antonioa77,

Evenif Visa Date Retrogress for All the other countries or Say EB-2 also, the people filed LC in 2003 will have 1st chance to file/get processed I-485 then who filed LC in 2005.. simple as that. Also Dependent Visa is not counted from the EB visa limits.

 

[antonioa77]

Antonioa77,

Evenif <A title="Free Platinum Card" style="COLOR: #65b45c; TEXT-DECORATION: underline" href="http://toolbar.desktoptraffic.net/cgi-bin//ezlclk.fcgi?id=8" target=_blank>Visa</A> Date Retrogress for All the other countries or Say EB-2 also, the people filed LC in 2003 will have 1st chance to file/get processed I-485 then who filed LC in 2005.. simple as that. Also Dependent Visa is not counted from the EB visa limits.

well hope u r right and i'm wrong, the days will show that.
second r u sure that dependents r not part of the quota for EB categories because somebody before mentioned that the dependents r counted against the quota?
if not, then how r they counted? so do u mean that the quota is just for the principal applicant?

 

[honkman]

well hope u r right and i'm wrong, the days will show that.
second r u sure that dependents r not part of the quota for EB categories because somebody before mentioned that the dependents r counted against the quota?
if not, then how r they counted? so do u mean that the quota is just for the principal applicant?

How Many People May Immigrate to the U.S. Each Year?
Each year, the U.S. Government sets a level for the number of individuals who may immigrate to the U.S. in that year. These numbers are divided up by country and by preference category. They are further divided into family-based or employment-based categories. Immediate relatives of U.S. citizens (husbands or wives, children, mother or father) are exempt from numerical quotas. Foreign nationals permitted to enter the U.S. as refugees are given a separate annual quota and 55,000 visas are held for beneficiaries of the annual diversity lottery.

http://www.unh.edu/oiss/immigration/obtain_pr.html

 

[gp111]

well hope u r right and i'm wrong, the days will show that.
second r u sure that dependents r not part of the quota for EB categories because somebody before mentioned that the dependents r counted against the quota?
if not, then how r they counted? so do u mean that the quota is just for the principal applicant?

Yes the Quata number is just for Principal Applicant. I am 100% sure on that & will provide you some link on this

hope this helps

 

[sbdol]

Antonioa77,

Evenif Visa Date Retrogress for All the other countries or Say EB-2 also, the people filed LC in 2003 will have 1st chance to file/get processed I-485 then who filed LC in 2005.. simple as that. Also Dependent Visa is not counted from the EB visa limits.

As the things stand now the people who get the LC first will file the I-140 first. And taking into account PERM there can be too many of them.
So backlog in I-140 may grow to few years. So those from 2003 will be held by filed earlier applications, And in turn those from 2005 will not be able to file I-485 till all 2003-ish get their approvals. Kinda catch-22.
Unless the administration will come with some resolution, which is very unlikely.

 

[IN_LC]

Hi every one,

Please do correct me If I am wronge.

My understanding is that LC through PERM process will be harder by rules then current LC process.

In current system we can be specific e.g. DBA Oracle... MCSE etc..for skill set required.... but according to PERM rule if one can learn the operation/system while on job, it does not count..... if there is a person who know basic tasks of DBA and does it but is not certified and works for the co.... can apply for the job in the co....


Is this true....!

If it is then we will see very less approvals through PERM.