Philadelphia Regional DOL Tracker

EB-3 Retrogression and Fate of Pending I-485 Cases for Dependents

:) A large number of new EB-3 immigrants were young and single in mid-twentieth in age. This is particularly true with the Indians. In order to take advantage of the rules of "accompanying spouse" or "following to Join spouses," they married in India and brought the new brides to the U.S. in H-4. There are a substantial number of I-485 cases which were filed by these spouses. Some of the principal aliens have already received the approval of I-485 but the I-485 cases for the spouses were still pending when there was a hit of visa number retrogression on January 1, 2005. How have they been affected by the EB-3 visa retrogression?


:) Their priority date is same as the principal alien's and the USCIS and the visa posts will not be able to adjudicate their I-485 or immigrant visas until they reach their priority dates. Apparently, this will not create any hardships for the spouses in the U.S., but those who opted to take the route of consular processing for immigrant visa rather than I-485 route face hardships because of the forced separation of the newly weds. The principal aliens are already a permanent resident and they are unable to bring their new spouses in H-4 or other dependent nonimmigrant visas. Unlike the spouses of U.S. citizens who can join the U.S. citizen spouses in K-3 visas pending the immigration proceeding, there is no such mechanism available for the spouses of the new permanent residents in the context of the visa number retrogression. Tough!

Source: immigration-law.com
 
Prospects for Labor Certification Backlog Removal in Two Years

:( The DOL is currently working under the backlog reduction plan which targets to remove the entire backlog cases in two years. The backlog cases are estimated to far exceed 300,000. However, one wonders how the goal can be achieved by the two Backlog Processing Centers without a substantial number of those cases being swifted to the other two National Processing Centers. Logistically, unless such swift takes place, the works between the two Backlog Processing Centers (300,000+) and the two National Processing Centers (new PERM applications) may also turn out to be imbalanced with the resultant inefficient and ineffective use and management of available adjudication resources.


:( It appears that such swift must be achieved in the form of conversion of existing cases to the PERM cases. However, because of the ill-timed launch of the PERM program and extremely high risk embedded in the conversion requirements under the PERM Final Rule, one cannot expect a massive swift of cases from the Backlog Processing Centers to National Processing Centers. Ironically, the DOL is launching the PERM program at a time when the EB-3 visa numbers starts retrogressing. The retrogression of visa numbers places less weight and importance on prompt approval of labor certification applications than preservation of priority dates. Additionally, the FIFO rule of processing of backlog cases induces the oldest filers to hesitate to consider conversion of the pipeline cases to the PERM cases. Accordingly, it is most likely that those who consider the conversion will turn out to be recent filers when it comes to Indians, Chinese, and Philippines nationals.


:( On top of the ill-timed launch of the PERM program, the dead traps embedded in the conversion in terms of priority dates will lead to hesitation of a large number of backlog cases to file a conversion. In hindsight, the DOL should have liberalized the conversion opportunity which would guarantee preservation of the priority dates. The Final Rule moved towards the other direction.


:( Under the circumstances, DOL may have to require the National Processing Centers to participate in the backlog reduction works for effective utilization of resources as well as for assistance with the Backlog Processing Centers to manage the reduction of backlogs within certain period of time. The DOL would have achieved the transition and reorganization more smoothly from the two-tier system to the single-tier system, had it planned the timing of the PERM launch program appropriately and provided liberal opportunities for conversion in the Final Rule. Conversion would have allowed the DOL to remove some of those cases from 45 to 60 days, accelerating removal of backlog cases. Participation of the National Processing Center resources in the backlog reduction will involve the same protracted processing procedures which will be governed by the current labor certification rules and may turn out to add just number of resources to the backlog reduction workforces. Considering the fact that "six" Regional Certifying Offices had failed to remove the backlogs and piled up over 300,000 cases, one wonders how participation of the part of workforces of the National Processing Centers in the Backlog Processing Centers' cases would remove the mountain of backlogs in two years. We will watch closely how the operation of reengineering will unfold during the next two years.

Source: immigration-law.com
 
rincytom said:
Hi Friends,
Most of us are serving this country for the last 6 years (and most of us have our spouses waiting unemployed..). We should send a letter with as many of us signed to the President and all other officials explaining our situation. They should atleast provide certain excemptions:

"Those who completed 6 yrs (or those who are in the country since Jan 2000) on H1 should be able to apply for I485 directly without labour or I140."

They may not even consider...but we should try.
Click to expand...

I totally agree with you rincytom. We have been serving this country for 6-7 yrs. This is my 8th yr that I have been working in this country and my wife was idle since she came to this country and desperatively waiting for EAD to start working. And unfortunately I fall into EB3 category and cannot get EAD's since the new law was impletemented. This is so frustrating and some times I feel that I made a big mistake to come to this country. Luckily I have a job that I am saving from situations but I know there are many people who have been waiting for jobs and not getting enough pay.

We need to maintain our legal status in this country by being on jobs and paying taxes.

I'm so frustrated with the way how they have been doing this immigration!
 
They very well know that we are all at the receiving end. So nobody gives a shit as it does not affect them in anyway....We are the ones who are affected.
 
Hi,
I have a question and I dont know if this is the right forum to ask or not. If your labor has been approved and I-140/485 have been filed but you get laid off before 6 months of the filing day and your I-140 is not approved. But if the company says it will not withdraw the case and will allow the process to go on, can the portability be used after 6 months and 140 is approved with the new company.
 
ciril99 said:
I totally agree with you rincytom. We have been serving this country for 6-7 yrs. This is my 8th yr that I have been working in this country and my wife was idle since she came to this country and desperatively waiting for EAD to start working. And unfortunately I fall into EB3 category and cannot get EAD's since the new law was impletemented. This is so frustrating and some times I feel that I made a big mistake to come to this country. Luckily I have a job that I am saving from situations but I know there are many people who have been waiting for jobs and not getting enough pay.

We need to maintain our legal status in this country by being on jobs and paying taxes.

I'm so frustrated with the way how they have been doing this immigration!
Click to expand...


I agree with the frustration of others in this forum. But, on a positive note, specially for my Indian counterparts, our home job market is doing quite well now and I am hoping in next couple of years or so, US GC would become totally irrelevant when dollar drops and living standard rises in our country. I am all for starting Indian Orange Card for outsiders who want to work in India and not letting their spouses work just like ours. It would be my dream to see that happening to these suckers.

And then when USA wouldn't get those highly skilled people, it's economy would feel the pinch even more....wait for that day..........
 
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EB3 retrogress

Hi every body,

Why don't we try to write a letter to immigration officials requesting to accept I485's and issue EAD's for EB3's but not approve I485 till the date is current.
Atleast try it out, I don't know whether it will happen
 
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fastergcwanted said:
I agree with the frustration of others in this forum. But, on a positive note, specially for my Indian counterparts, our home job market is doing quite well now and I am hoping in next couple of years or so, US GC would become totally irrelevant when dollar drops and living standard rises in our country. I am all for starting Indian Orange Card for outsiders who want to work in India and not letting their spouses work just like ours. It would be my dream to see that happening to these suckers.

And then when USA wouldn't get those highly skilled people, it's economy would feel the pinch even more....wait for that day..........
Click to expand...

How long would that home job market stay good? if US IT bubble can burst and bring everything down same thing could happen also in India and elsewhere.
 
Sure...why not a letter!

ciril99 said:
I totally agree with you rincytom. We have been serving this country for 6-7 yrs. This is my 8th yr that I have been working in this country and my wife was idle since she came to this country and desperatively waiting for EAD to start working. And unfortunately I fall into EB3 category and cannot get EAD's since the new law was impletemented. This is so frustrating and some times I feel that I made a big mistake to come to this country. Luckily I have a job that I am saving from siuations but I know there are many people who have been waiting for jobs and not getting enough pay.

We need to maintain our legal status in this country by being on jobs and paying taxes.

I'm so frustrated with the way how they have been doing this immigration!
Click to expand...

Yup have been serving this country for 7 years now and I am still waiting for this crap. What's more frustrating is that we are all in this crap because we want to do things the right way and the legal way. I know so many people who have only been here for a short while but already have their legal status because they went through other ways such as paying a citizen to marry them or false refugee stories. Well maybe we should stop being so proper and look for shortcuts like them...maybe we should find any other means, and stop waiting for the legal approach...

Sorry friends, I am always cynical...but my cysnism is only a result of this stupid process...I wasn't this bitter!!
 
GC_Lover said:
How long would that home job market stay good? if US IT bubble can burst and bring everything down same thing could happen also in India and elsewhere.
Click to expand...

India doesn't have bubble. Just like china didn't. I know many people who returned back to china after what that country has done. And believe me my friend, we will see other developing countries such as India doing similar wonders. And I am not suggesting at the cost of US, but at least then we all would have enough opportunities back home and won't be so desperate for GCs from other countries.
 
Guys,

What happend to those cases from DE where the employers had fake offices and the same was questioned by DOL?
Did any one who got the NOF in this situation got the recent mesterious love letters as well?

My company which had fake office in 2002, setup a big time real office in 2003 in DE, so that's why i am curious.


Thanks
 
foret1 said:
Yup have been serving this country for 7 years now and I am still waiting for this crap. What's more frustrating is that we are all in this crap because we want to do things the right way and the legal way. I know so many people who have only been here for a short while but already have their legal status because they went through other ways such as paying a citizen to marry them or false refugee stories. Well maybe we should stop being so proper and look for shortcuts like them...maybe we should find any other means, and stop waiting for the legal approach...

Sorry friends, I am always cynical...but my cysnism is only a result of this stupid process...I wasn't this bitter!!
Click to expand...

All we people ask for is to sort those pending application by date, review it and either approve it or dis-approve it. How difficult is that? I dont get it, why is it so difficult?
 
We did start a group some time back on this on this web-site dedicated to lobbying on behalf of legal applicants... Last I know, a case had been filed.. I have no clue what happened to that afterwards... I had donated over $ 250 to that cause, even though my labor was just applied for... Let me see if I can find the contact person's e-mail, and suggest spending some time and energy on more immidiate causes like petitioning to allow EB3 guys to apply for spouses' EAD...
Will let you guys know as soon as I get a reply from someone...
 
VA Phili

PD Jan, 2003
DOL July, 2004

Absolutely NO information about the status. Lawyer told that it will be another 18 more months... Anyone in the same situation? :confused:
 
Your Lawyer is wrong

Jan2005 said:
PD Jan, 2003
DOL July, 2004

Absolutely NO information about the status. Lawyer told that it will be another 18 more months... Anyone in the same situation? :confused:
Click to expand...


BEC are going to check about 300,000 cases in 2 years and they have to finish first with the 50,000 that they have right now from Phily to begin with other regionals ... I think that your lawyer like most of them dont want you to be calling everu month to see the status of your LC :( .... son be optimistic that your LC will be aprove in the nex 6 month. :) :)

Please somebody correct me if I am wrong ;) ;)
 
Question regarding Spouse H4 visa

I am on 7th year extention of H1 and my wife is on H4. I have PD of Dec 2001 and Regional received date of September 2004.

Say I get my labour clearance this year and I file for 485.. I get EAD afetr 3 months. My company will not file for H1 extention again. That means no H4 for my wife. As I can't file for 485 for her does it mean that she will have to go back in that case.

One option is to keep on renewing my H1 but if the company says no for that, I am screwed. Is there any otehr way or something I am missing.

I know my company won't renew my H1 after I have got EAD. I will rather go back home right now and rather than waiting for last minute and decide to go then.

Please respond.
 
Choclito said:
BEC are going to check about 300,000 cases in 2 years and they have to finish first with the 50,000 that they have right now from Phily to begin with other regionals ... I think that your lawyer like most of them dont want you to be calling everu month to see the status of your LC :( .... son be optimistic that your LC will be aprove in the nex 6 month. :) :)

Please somebody correct me if I am wrong ;) ;)
Click to expand...
I cannot say that you are wrong. "optimistic" is not a term in most applicants' mind from former Philly Regional. No, they do not have to finish the 50,000 cases they have now. (where did you get the number anyway?). My coworker filed his application just 3 months ago. He has received the 45-day letter. Looking at the way the letters are sent, my guess is that his lawyer is probably right. Otherwise, it will make an unfair system even more rediculous.
 
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