Priority Date Retrogress: Impact on Employment based petition

Federal labour

Hi All,

thanks for providing valuable information in this thread,

My State labour was applied in July8th2004 and got cleared and sent to Federal on Oct 12th,Now the Problem is will I be in trouble if my Federal doesn't come up untill Dec 31 2004 ,ot even if does cleread off in Dec end week ,Can't I apply for Concurent I140,485,EAD,AP, due to the Cutt off date?

Can anyone suggest me what problem I will face with the new changes USCIS,

Thank you
Srini
 
How about EB2

I have filed my GC in NY state in EB2 catagory and my priority date is mar 2003. Is this going to affect EB2 as well?
Also, anyidea about whether my file already/ will be in the hands of BEC / NPC and if so, when?
forgood
 
Priority Date Retrogression

Hi Guys,
I have a question if somebody can answer this that will be great and appreciated.

My state labor has been cleared and moved to Federal on 8th November 2004. Denver DOL is processing October 2004. I think my DOL approval is possible around 2 or 3 or even 4th week of December. Lets say it is cleared before December 31 and we apply 140 and 485. Because everything is current now I will be able to apply 140 and 485.

Now come January 2005 if the dates get retrogress, what will be my situation? Am I going to get EAD , AP and FP as I applied (I WISH) 140 and 485 applied before retrogession?

If anybody can answer my query that will be great..
Thanks
KK
 
See Inline...

santex24 said:
Hi usnycus folks,
I have 2 urgent questions and I would really appreciate if you
can answer these for me. My employer is planning to use a preapproved labor
for me and I need to make a decision by the end of this week.

1.He plans to file I-140 from Texas since he claims the labor application
was applied from Florida SWA and Atlanta DOL. Immediately after receiving the I-140 receipt#, he plans to file I-485 from California since he says I reside
in California. He says that this would still be considered a concurrent I140/I485
application. Is it possible to file I-140 from
Texas and then I1485 from California???
... Yes. But most likely case will be tranferred to Texas unless I-140 gets approved before filling I-485.

Also would this be of any advantage to me given the fact that I140 & 485 are very slow in Texas but I485 is pretty fast in the California Service center.
... May be. It's hard to say. Traditionally cases like this gets delayed because two service centers are involved.


2.Second question...the substitute labor was applied sometime in June 2002
from Florida SWA and approved sometime in June 2003,
would my labor application filing date be my Priority date or would the date of filing my own I140-485 be my priority date?
... As per USCIS memo/documents it should be I-140 RD. But many users have posted that they got PD=RD of SESA even in Sub-LC cases.

Please advise...

Regards..
Click to expand...
 
See Inline

kriskish said:
Hi Guys,
I have a question if somebody can answer this that will be great and appreciated.

My state labor has been cleared and moved to Federal on 8th November 2004. Denver DOL is processing October 2004. I think my DOL approval is possible around 2 or 3 or even 4th week of December. Lets say it is cleared before December 31 and we apply 140 and 485. Because everything is current now I will be able to apply 140 and 485.

Now come January 2005 if the dates get retrogress, what will be my situation?
... USCIS will work/approve only on I-140/AP/EAD and I-485 approval will be put on hold.

Am I going to get EAD , AP and FP as I applied (I WISH) 140 and 485 applied before retrogession?
... I am not sure about FP but EAD/AP, yes.

If anybody can answer my query that will be great..
Thanks
KK
Click to expand...
 
You will get answer on Dec 15. Let's wait for Visa numbers.

forgood said:
I have filed my GC in NY state in EB2 catagory and my priority date is mar 2003. Is this going to affect EB2 as well?
Also, anyidea about whether my file already/ will be in the hands of BEC / NPC and if so, when?
forgood
Click to expand...
 
You can apply for I-140 but not I-485.

Result:
- AC-21 cannot be used.
- No AP/EAD etc. for you or your spouse.
- You need to maintain non-immigrant status .

TulaSrini said:
Hi All,

thanks for providing valuable information in this thread,

My State labour was applied in July8th2004 and got cleared and sent to Federal on Oct 12th,Now the Problem is will I be in trouble if my Federal doesn't come up untill Dec 31 2004 ,ot even if does cleread off in Dec end week ,Can't I apply for Concurent I140,485,EAD,AP, due to the Cutt off date?

Can anyone suggest me what problem I will face with the new changes USCIS,

Thank you
Srini
Click to expand...
 
Hi,

I have applied for i 140 and 485.
Righ now i am single, and if i get married after Jan 2005..Can i add my spouse to my 485 and can she get EAD and AP.

Please reply.
 
Priority date Labor substitution

Hi
My employer has a labor certificate that matches my qualifications. This labor certification was filled for some other person. Since that person left the company before filling 485 the company revoked the 140. I am planning to use that labor. In that case what will be my priority date. Is it going to be the date the LC was filled or my 140 application date.

Please help
Thanks
 
DesiJerseyguy said:
Hi,

I have applied for i 140 and 485.
Righ now i am single, and if i get married after Jan 2005..Can i add my spouse to my 485 and can she get EAD and AP.

Please reply.
Click to expand...

Yes you can do that anytime before your I-485 approval
 
gcemail2004 said:
Hi
My employer has a labor certificate that matches my qualifications. This labor certification was filled for some other person. Since that person left the company before filling 485 the company revoked the 140. I am planning to use that labor. In that case what will be my priority date. Is it going to be the date the LC was filled or my 140 application date.

Please help
Thanks
Click to expand...

I-140 filing date
 
Eb2/eb-3

Hello
I worked for a consulting company for about 18 months,and they had filed my Labor from DE,which they pulled back due to the Phili office scrutinizing applications not filed from a company's HQ.I then moved onto another FT job.

The same company now which they told me about if i want to use,has a pre-approved labor for a Bachelor's degree,and 2 yrs experience.i have a master's with about 5 yrs work experience.To use this would this have to be filed under EB2/EB3 to maximize chances of approval.

Gurus,pls advice,if it turns out EB3 is better to accomodate my qualifications and experience i would have to move really fast given the Dec31st deadline.
Thanks in advance for the prompt replies.
Sam6
 
Sam6 said:
Hello
The same company now which they told me about if i want to use,has a pre-approved labor for a Bachelor's degree,and 2 yrs experience.i have a master's with about 5 yrs work experience.To use this would this have to be filed under EB2/EB3 to maximize chances of approval.

Gurus,pls advice,if it turns out EB3 is better to accomodate my qualifications and experience i would have to move really fast given the Dec31st deadline.
Thanks in advance for the prompt replies.
Sam6
Click to expand...

If Labor Cert is for Bachelors + 2 Years, you will have to file I-140 in EB3 Category. Only Masters / Bachelors + 5 or more qualifies for EB2. You have EB2 qualifications but the LC you want to use does not.

Yes, You should apply ASAP so that you can get EAD/AP before EB3 Retrogression.
 
Would there be a possibility of rejection,since it is a Bachelor's and 2 yrs,and i have a M.S and 5 yrs currently.
I'm sure the experience shown during i-140 can be applied to only those 2 yrs.
pls advise.
thanks
sam6
 
source :www.maggio-kattar.com
it is very alarming.

More on Waiting Lines for Employment-Based Immigrant Visas



We declared that “Lines Loom for Employment-Based Immigration Visas” in the September issue of Immigration News & Analysis, announcing anticipated backlogs in employment-based immigrant visa (“green card”) availability. Now, DOS prognosticators responsible for keeping track of and allocating immigrant visas under the preference system, have stated that waiting lines probably will develop as soon as January 2005 under the employment-based third preference for persons born in India, China, and the Philippines. We believe that lines in the first and second employment-based preferences will follow soon for those countries, and that it will not be too long before there are waiting lines for all three employment-based preferences, worldwide.



A foreign national establishes a place in line, or a priority date, for an employment-based immigrant visa with the filing of a labor certification application with the DOL, or with the filing of an immigrant visa petition with the CIS. There are a limited number of immigrant visas available each fiscal year under each preference and for each country. An increased demand for immigrant visas coupled with faster processing of green card applications by CIS, is leading to a backlog in employment-based immigrant visas for the first time in many years.
 
Ray S. said:
Hi,

well according to the latest update for the visa bulletin that EB-3 categories visa numbers will be backlogged by jan 2005 this means:

part 1- if somebody will aplly for i 140 and i 485 after jan 2005, he will face a problem of not able to file for i 485 because the condition to apply for i 485 is that visa numbers are current at the moment u apply i -485.

part 2- act 21 century states that in order to get the 7 th year extension u need that ur i-140 be approved and ur i-485 be pending for more than 6 months. but after jan 2005, according to part 1, there will not be a way to fill i-485 , this means that act 21 century or 7 th year extension will not be available anymore unless ur labor certificate pended for more than 1 year.

part 3- if the visa number is not available, this means that u can't apply for an EAD and AP, as i understand it.i'm not sure about this point.

overall, having no visa numbers when reaching USCIS will be a big problem on many people and things will get worse if the current thinking for administration remain against employment immigration.

regards,

N.B: this is my opinion, i'm not a lawyer.
Click to expand...


Hi Ray,

Is that the One who applies 140,485 EAP,AP after Dec 2004 will not be able to appliy 485,EAD,AP,
In such case can a person apply new Labour process right from state and Fedral so that he will fall in PERM implementation?

Anyone who are willing to suggest greatly appreciate
Thanks
Srini
 
LC filling/approval is not affected by EB dates retrogress.

TulaSrini said:
Hi Ray,

Is that the One who applies 140,485 EAP,AP after Dec 2004 will not be able to appliy 485,EAD,AP,
In such case can a person apply new Labour process right from state and Fedral so that he will fall in PERM implementation?

Anyone who are willing to suggest greatly appreciate
Thanks
Srini
Click to expand...
 
Priority Dates

I would suggest that we put a petition in to change the concept of "Priority Date" based on when a person H1B started paying taxes in this country. Rather than depending on the date a Labor was filed.

The existing "Priority Date" system is unjust. in the sense, there could be so many situation which might lead to a person change in job and was not able to start a labor process.

Any comments???
 
I will be second in line for such petition :) . But realistically, I think we should petition to allow GC applicants affected by visa number availability to have EAD/AP and changing jobs after I-140 have been filed and over certain days.


ohiostud said:
I would suggest that we put a petition in to change the concept of "Priority Date" based on when a person H1B started paying taxes in this country. Rather than depending on the date a Labor was filed.

The existing "Priority Date" system is unjust. in the sense, there could be so many situation which might lead to a person change in job and was not able to start a labor process.

Any comments???
Click to expand...
 
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