Perplexed_Desi said:
I have been closely following this forum for the past 18 months, and am impressed by the valuable information shared by some well-informed, helpful members. I request the same members to please provide some advice/opinion:
I have an EB3 (PD Oct 2004) case at PBEC. My employer has agreed to pursue a PERM application. Which of the following is preferred?
1. Refile for same job and maintain current 2004 PD (if this is indeed allowable).
2. Refile a new application for a different job under EB2 (which probably means that I lose the 2004 PD)
Also, my current lawyer is a company lawyer and hasn’t been very helpful for my individual needs / concerns.
I am located in NC and am looking for a good immigration attny. for a second opinion and some independent counsel. Any recommendations?
Thanks for all your help. Vande Mataram!
Hi Desi
If you are Non RIR EB3 Oct 2004 - It migh take another year to get your Labor aproved ( going by the current speed of PBEC- PBEC is only in Mar 2002 range and your case is atleast 2.5 Year ahead)
Question to ask is - How fast the Visa dates will move in a year's time ??
Assuming your labor will cleared in 2007 with PBEC- Visa dates has to move to atleast 2004 - It has to move 2001,2002,2003 & then 9 months
(that is 3.9 Years in One year Time).
Assuming 2 months movement for each month in 2006 it could move to Dec 2002 by end of Dec 2006.If some Visa recapture efforts succeed it could move another Year or two - Then in that case you have a chance of filing 485 for sure after your Labor gets claered in PBEC -
By Jan 2007 or earlier
Against this Background -
If you file in Perm now your PD could be Jan 2006
Visa date has to move for 5 years for you to file 485.
It might take middle of 2007 before Visa date could reach Jan 2006.
You are struck with Visa date in this situation.But your Labor will be cleared in PERM quickly as well as I140. Only 485 remains tobe filed.
Visa Dates could move very fast till 2004 and then will slowdown once it reaches 2005.
If I am you I will hold on to PD of 2004.
One more thing to consider is your employer ( just in case your earlier Labor is not from the current employer)
NB : This is Just my assumptions. Other members here might throw more assumptions based on my propsoed Dates.
Memebers please throw in your opinions - Lot so people with PD of 2005 has to decide based on this same Question - Whether to go for PERM or not
MY suggestion could be - If you have PD before 2004 - Stick to that
Any PD of 2005 and later try PERM