WaitingForLC_77 said:
Hi Sakina,
I will complete 4 yrs of H1B in June 2006. My Green Card was applied by company in June 2004(from Georgia). It was applied under EB3(B.S in Computers.).
Didnt go to Federal.I have received my 45 day letter from PBEC Sept 2005.
Attorney said approvals will be faster after June.
When should I probably expect the Labor?
Should I apply through Perm?
Thanks.
Since you are EB3 and your case did not reach Federal before getting to PBEC we can assume that it will take sometime before you get approved
PBEC is projecting to clear all Backlog by Sep 2007. ( that is all Cases till Mar 2005 - this is another thing which needs clarification. assumption is Backlog is that existed Before they Start PERM. It is assumed that after PERM no body went in the regular route)
They are in June - Sep 2002 now ( in May 2006) . They have about 30 Months of Backlog to finish in 16 Months. So expected speed of approvals could be 2 months of Backlog cleared per each passing month.Going by that you can get approved in another 11 Months - say April 2007. ( This is worst scenario. Don't Panic)
As far as Visa is concerned - EB3 to reach June 2004 could take more than a Year ( assuming one - two months movement from now + any recapture effect )
By the time your Labor clears Visa might reach or may not reach your PD as well.
If you file PERM now you will get approved in 90 days ( 30 days preparation +60 days wai time) . Then you can do 140 and it will help you to get extn for 3 years.Plus you could do EB2 as well.
After Visa recapture EB2 might move faster ( Because Iam assuming that majority of unused Visa that is planned for re capture could be in eb2 and not EB3 as we all expect!!!)
Considering these I will advise you to go for PERM. Talk to an Attorney and explore filing for a different position so that this old Labor can still be used.
You can get extension for 7th year using this.( even if it is Rejected now as it has passed one year now). Apply for extn and then go for PERM just to be sure.
Finally PBEC has to show prove before we could assume they will finsih in Sep 2007. This is highly subjective and can change.!!!!
All the Best