Priority Date Retrogress: Impact on Employment based petition

Priority date and its significance for CP

Hi,
In light of this new development I have the following questions :
Upto what stage after 1-140 approval do you need to have a PD that is current ?
Does the PD have to be current until an interview date is issued or does it have to be current all the way upto the granting of the GC at the consulate.
What happens if the PD is current when the interview is scheduled but not current when you go for the interview.

Immigration experts, please shed some light on this.

Thanks in advance,
Milind
 
Swa Rd?

usnycus said:
State (SWA) RD.
Click to expand...
What if the State does not assign a RD.
In Oregon, as per my lawyer, they did not get a RD notice from SWA, but only a postal receipt that they received it.
What then would the RD date be?

Thanks,
Naveen
 
Don't worry most of states are like that.

But once they forward your application to DOL, it will be stamped/marked with SWA(SESA) RD.

navdod said:
What if the State does not assign a RD.
In Oregon, as per my lawyer, they did not get a RD notice from SWA, but only a postal receipt that they received it.
What then would the RD date be?

Thanks,
Naveen
Click to expand...
 
If filing I-485 is limited by priority date, what will happen to LC portability? I can't remember it is portable when I-140 filed for 6 months or I-485 filed for 6 months. It doesn't matter for now because I-140 and I-485 can be filed concurrently.
 
Looks like your are getting confused.

LC is not portable. I-140 can be ported though.

IN_LC_2002 said:
If filing I-485 is limited by priority date, what will happen to LC portability? I can't remember it is portable when I-140 filed for 6 months or I-485 filed for 6 months. It doesn't matter for now because I-140 and I-485 can be filed concurrently.
Click to expand...
 
Thanks! So as long as I-140 filed for 6 months, we are OK to change job?
If I want to change my job or get fired after I filed my I-140 for 6 months, but I am in my 7th year H-1B, do I still get a chance to work else where in the US with H-1B?
 
Darn. Does this expected visa number backlog in January would impact EB-3 employment applicants that are not from India or China ?
I thought that people from other countries (i.e., South America) wouldn't normally experience the backlog.

I am pissed. What is the advantage of speeding up the LC process just to create another backlog down the road ? A petition needs to be filed to allow the I-140+I-485+I-765 regardless visa number availability !!
 
H1B Extension

I have two doubts due to cut-off date.

H1B Extension:

1) Due to cutoff dates, I can not able to file 485 along with 140 after Jan 2005. Suppose my 140 approved in six months and if my 7th year H1 also expires, can I file a H1 extenson? (the rule says for 7th and further extension possible if LC or 140 is pending - In this case both are approved but 485 can not be applied because no visa availability).

2) If I file 140/485 concurrently in Dec 2004 (assuming visa number is available), then in next month visa number goes back by two years from my PD, what will happen to my case?

Thanks
 
what does it mean for EB2

I have a couple of questions. Can someone answer these please. Thanks in advance.

1) If EB3 #s will run out like everyone is speculating, what impact will it have on EB2. Right now, EB2 i-140 dates are 6 months behind EB3 dates. Is there any chance that EB3's running out might speed up the EB2 dates?

3) What are the chances of EB2 #s running out and priority dates under EB2 end up not being current?
 
It's not after filling I-140.

You need to have I-485 pending over 180 days & I-140 approved.

IN_LC_2002 said:
Thanks! So as long as I-140 filed for 6 months, we are OK to change job?
If I want to change my job or get fired after I filed my I-140 for 6 months, but I am in my 7th year H-1B, do I still get a chance to work else where in the US with H-1B?
Click to expand...
 
See Inline...

marlon2006 said:
Darn. Does this expected visa number backlog in January would impact EB-3 employment applicants that are not from India or China ?
... It should not impact applicants from countries other than India, China etc.

I thought that people from other countries (i.e., South America) wouldn't normally experience the backlog.
... I am under same impression. Let's see.

I am pissed. What is the advantage of speeding up the LC process just to create another backlog down the road ? A
... Good point. They need to clean I-485 backlog before implementing policy to clean I-140/LC.

petition needs to be filed to allow the I-140+I-485+I-765 regardless visa number availability
... I don't see this happening.
!!
Click to expand...
 
See Inline...

eppo_varum_enGC said:
I have two doubts due to cut-off date.

H1B Extension:

1) Due to cutoff dates, I can not able to file 485 along with 140 after Jan 2005. Suppose my 140 approved in six months and if my 7th year H1 also expires, can I file a H1 extenson? (the rule says for 7th and further extension possible if LC or 140 is pending - In this case both are approved but 485 can not be applied because no visa availability).
... You can apply for 7th year extension showing LC RD over a year. No need to show that LC/I-140 approved.

2) If I file 140/485 concurrently in Dec 2004 (assuming visa number is available), then in next month visa number goes back by two years from my PD, what will happen to my case?
... Case will be put on hold.

Thanks
Click to expand...
 
See Inline...

bendover said:
I have a couple of questions. Can someone answer these please. Thanks in advance.

1) If EB3 #s will run out like everyone is speculating, what impact will it have on EB2. Right now, EB2 i-140 dates are 6 months behind EB3 dates. Is there any chance that EB3's running out might speed up the EB2 dates?
... As you pointed out, processing time might catch up.

3) What are the chances of EB2 #s running out and priority dates under EB2 end up not being current?
... You never know. I doubt it though.
Click to expand...
 
EB3 category dates retrogressing

Hi,
I am very concerned with the news of EB3 category dates retrogressing. Although, I am still waiting for my labor certification to be approved. I am afraid with this retrogression I may not have any where to go after labor cert approval. Since, I probably will be one of the EB3 category applicant, does it mean that I wont be able to file I485 cos of the unavailability of visa numbers, and consequently I cant take advantage of concurrent filing?
Also, does it also mean that I wont be able to apply for EADs for me and my spouse?
Will I have to give up my employment since my H time will be expired by then as well?
thanks for your help in advance.
frog
 
Yes,

That is correct. I'm in the same boat. waiting for Fed labor from chicago to get cleared. Even though Ihave 7 yrs experience at the time of LC filing, I might not still fall under EB2 category because the labor cert column#14 mentions the mimumum requirement for the position as Bachelors + 2yrs. I have to check with my Employer. Does enyone have any any clue????

Thanks a ton


eefrog said:
Hi,
I am very concerned with the news of EB3 category dates retrogressing. Although, I am still waiting for my labor certification to be approved. I am afraid with this retrogression I may not have any where to go after labor cert approval. Since, I probably will be one of the EB3 category applicant, does it mean that I wont be able to file I485 cos of the unavailability of visa numbers, and consequently I cant take advantage of concurrent filing?
Also, does it also mean that I wont be able to apply for EADs for me and my spouse?
Will I have to give up my employment since my H time will be expired by then as well?
thanks for your help in advance.
frog
Click to expand...
 
EB3 Category problem

Does the EB3 category problem effect everyone from all the countries equally?
I read somewhere that if you are not from india, china or phillipines, you dont need to worry?
Can anyone please comment on that?
thanks,
frog
 
Multi Post eeFrog...
You have been answered in ATL DOL
:)
eefrog said:
Does the EB3 category problem effect everyone from all the countries equally?
I read somewhere that if you are not from india, china or phillipines, you dont need to worry?
Can anyone please comment on that?
thanks,
frog
Click to expand...
 
Ilwaiting said:
Yes,

That is correct. I'm in the same boat. waiting for Fed labor from chicago to get cleared. Even though Ihave 7 yrs experience at the time of LC filing, I might not still fall under EB2 category because the labor cert column#14 mentions the mimumum requirement for the position as Bachelors + 2yrs. I have to check with my Employer. Does enyone have any any clue????

Thanks a ton
Click to expand...

Yes, your case would be EB3. It's the job requirements that decide this, not your qualifications.
 
Please help !!!

I just found out from the ETA form that the job req says...BS+1yr exp...so I will be in EB3 case. I have MS I told the attorney also...but he decided to go his own way I guess....past is past...now what are my options...? Can somebody please answer my questions...

My case details....OH SESA sent Jun 18th 2003, now sitting in Chic DOL since June 2004...

1. Back in 2001 June I got one RiR approved through comp x and I was layed off. I think it had EB2 level req in there...can I use that priority date now?

2. Fortunately I have H1 till 2007 so a little over 21/1 yrs. Would I be able to extend H1 in different scenarios like 140 pending labor approved....labor still pending....etc?

I would greatly appreciate your help...I have family and everything and moving out of the country is such a big hassle.

Thanks in advance....
 
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