Priority Date Retrogress: Impact on Employment based petition

Thanks KnowDOL,

Actually, I once again verified the paper ads + America's job bank +job posting that were submitted along with my LC applcation. It was clearly mentioned in the ad that our employer is seeking for candidates that have "Master's or Bachelors with 5 years experience" for my position. My ETA form A and B also refelct the same fact.

So I'll certainly qualify for EB2, I believe, right?

Thanks
Ind
 
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Yes, your LC looks great for EB2. You will need to have a Master's degree OR BS+5 yrs "progressive" exp to qualify for EB2 in addition to your LC petition stating MS or BS+5 as a minimum requirement under Item 14 ETA Form 750 A.
 
Hi mvinays,

Apologies for dragging this further.

But in my ETA form A & B it was mentioned that "Bachelor's, Math, Engineering or Science" under the column "College Degree Required" and "Experience" as 5 years.

Is it also necessary to add "Master's" to the above list to become eligible for EB2? I do not have a Master's degree.

Thanks
ind
 
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PERM and Priority Date

Once PERM got implemented and Labor got cleared through PERM. Is it possible to use priority date of labor which filed in regular (SESA) in 2002 to file I-485 ?
 
indgc123 said:
Hi mvinays,

Apologies for dragging this further.

But in my ETA form A & B it was mentioned that "Bachelor's, Math, Engineering or Science" under the column "College Degree Required" and "Experience" as 5 years.

Is it also necessary to add "Master's" to the above list to become eligible for EB2? I do not have a Master's degree.

Thanks
ind
Click to expand...
It should be EB2. It is not must to have "Master or BS+5exp in ETA 750". Even it says just BS+5yrs exp, it should qualify for EB2. The only issue is, the experience gained should be after obtaining BS degree. Check the immigrationlinks web site. It clearly explains the memo issued by CIS regarding EB2 equvalency.
 
Priority date for substitue labor

IF i used pre apporved labor (substitue) which filed in 2001 (SESA) and cleared (Regional) in 2004. If i file I 140 and I 485 file immediately or in 2005, then what priority date applies ?
 
If you are in EB3 category , it still applies. Your 485 wont be adj., until priority date reaches. The only advantage if you file before Dec 31st, ofcourse you are allowed to file 485 and you enjoy the benefits of AC21, EAD, AP etc...

labor_jun2003 said:
IF i used pre apporved labor (substitue) which filed in 2001 (SESA) and cleared (Regional) in 2004. If i file I 140 and I 485 file immediately or in 2005, then what priority date applies ?
Click to expand...
 
I applied in June 2002. Havent heard anything yet and it looks like it will take another 4-5 months for the first stage (in NY).

Now this retrogression thing.

Makes things worse, I guess?

No hope for the unlucky?
 
EB2 or EB3

Hi,
I am wondering whether I would be able to apply for I-140/485 in EB2 category or not. My labor was filed in Jan 2003 and moved to Phili DOL in July 2004. The item 14 of from ETA 750 says the college degree required is 'M.S' and major field of study is 'Computer Science or Chemical Engineering or related" and experience 'No experience at all'. The nature of employers business activity was metioned as 'Information Technology' and my job title as 'Software Engineer'.

I have a masters in Chemical Engineering and a little over 5 years (3 years on the date GC was filed) of experience all from the same company from which I filed for my GC. I am assuming none of this experience counts as it is from the same company, but based on my masters, I am wondering whether my application is eligible for EB2 or not. So far, I am getting mixed opinions such as 'the case would be difficult' or 'It qualifes for EB2 based on form 750'.

I really appreciate your response regarding this..



Gc_puli said:
It should be EB2. It is not must to have "Master or BS+5exp in ETA 750". Even it says just BS+5yrs exp, it should qualify for EB2. The only issue is, the experience gained should be after obtaining BS degree. Check the immigrationlinks web site. It clearly explains the memo issued by CIS regarding EB2 equvalency.
Click to expand...
 
I am not sure but I think your job position should also demand those skills that form part of EB2.

GCInThisLife said:
Hi,
I am wondering whether I would be able to apply for I-140/485 in EB2 category or not. My labor was filed in Jan 2003 and moved to Phili DOL in July 2004. The item 14 of from ETA 750 says the college degree required is 'M.S' and major field of study is 'Computer Science or Chemical Engineering or related" and experience 'No experience at all'. The nature of employers business activity was metioned as 'Information Technology' and my job title as 'Software Engineer'.

I have a masters in Chemical Engineering and a little over 5 years (3 years on the date GC was filed) of experience all from the same company from which I filed for my GC. I am assuming none of this experience counts as it is from the same company, but based on my masters, I am wondering whether my application is eligible for EB2 or not. So far, I am getting mixed opinions such as 'the case would be difficult' or 'It qualifes for EB2 based on form 750'.

I really appreciate your response regarding this..
Click to expand...
 
Eb3 Backlog

I will be affected by the EB3 backlog. Does this mean that I cannot file an
I-765 until my priority date is current? I need to get a job asap! Thanks.
 
EB3 Processing Time

Hi,

How can I calculate approximate time it will take for Priority Date to reach to June 2002 for EB3 category? Would State Department release an update every month on where the Priority Date is at for EB3?

Thanks,
Amar
 
EB3 to EB2

I have a MBA from a US university but my Green Card application was filed in EB3 category on June 7, 2002. I haven't received my labor, yet. Am I eligible to file a new labor at EB2 category by being in the same company?
 
Pre-approved Labor

What is eligibility for pre-approved labor? Is it available for applicants who already have filed for LC but have not received any decision on it? How can one go about taking advantage of pre-approved labor?
 
PD retrogress and Denied rir remanded to non-rir in EDD/SESA from DOL

Hello Everybody,

Can anybody provide me some pointers on how can I benefit from new rules of backlog reduction/PERM/updated rules


what is the phone number /email address and other details
How should I go about it..any attorney who can help ?.Thanks

My CASE HISTORY
==================
Check out my timeline...anybody else on this list like me.
If yes what plans you have to tackle this.

Timeline for ur refrence

1. LC Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one and half year + - Jan 2005

Meanwhile I am on my 7th year H1b extension...


There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me but for my particular case.....looks like it is lost hope....

It seems denied RIR cases which were put in non-RIR queue in EDD by DOL is never gonaa make it...CAN WE DO SOMETHING about it.

Non-RIR cases hardly move.

Can anybody suggest what option I have .
Seeking GC has been a very bad experince for me.
They say u can keep extending H1 year by year every year as your labor is pending but this is so big hassle...

- Ajay
 
ACS_78 said:
Can you guys look at this and post your comments?

http://boards.immigrationportal.com/showthread.php?t=157849

Thanks
Click to expand...

Hmm, nice to hear that.
But I doubt if this bill will help us EB3 folks.
There are 2 types of EB3 (EB31 and EB32). So dont know in which category it will fall.
Also I guess it will depend how Nurses are categorized (Skilled or unskilled). If unskilled then they fall under EB32 which is still open and is not yet affected by the retrogression.
neocor
 
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