IN_LC_2002
Registered Users (C)
mvinays said:
I didn't find on the visa bulletin the EB3 cut-off date for Jan. 2005. Could you let me know where the cut-off date is indicated. Thanks!
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Priority Date Retrogress: Impact on Employment based petition
- Thread starter Sam B.
- Start date
I didn't find on the visa bulletin the EB3 cut-off date for Jan. 2005. Could you let me know where the cut-off date is indicated. Thanks!
Hi Everybody, I have applied for my Labor from florida in Jun 2004, my state labor from florida got cleared last month and it went to Atlanta DOL. My case was filed as a EB3 category, my lawyer called me yesterday saying that with the dates retrogessing for EB3 category he says he can re-file me with EB2 category since i have a MS degree from US. My 6 years on H1 will be completed next october. Can anyone advice me if it is better to file again with EB2 category ?
You may be able to
If you still have your H1b valid during and traveling by H1b and get her a H4 after marriage and after arriving her you can file a seperate 485 for her, only her date will be different.
Regards
Pal.
Note I'm not an attorney, my knowledge is limited to what i read and hear from the forums and act according to your attorney's advice.
NHVICTIM said:I am Single right Now
If i file My i 140,i 485 EAD and AP Now..
and after i get married in about 4 months,
Will i be able to file for 485,EAD and Ap fro my wife.
If you still have your H1b valid during and traveling by H1b and get her a H4 after marriage and after arriving her you can file a seperate 485 for her, only her date will be different.
Regards
Pal.
Note I'm not an attorney, my knowledge is limited to what i read and hear from the forums and act according to your attorney's advice.
Go for It
Go for it if you dont want to wait for 3-4 years.Make sure that your new labor application doesn't end up at the bottom of the BEC pile & watch out for NPC processing rules to become clear.If they process applications recieved after 1/1/05 then you could have an ideal situation to get GC faster.
Go for it if you dont want to wait for 3-4 years.Make sure that your new labor application doesn't end up at the bottom of the BEC pile & watch out for NPC processing rules to become clear.If they process applications recieved after 1/1/05 then you could have an ideal situation to get GC faster.
BocaH1 said:Hi Everybody, I have applied for my Labor from florida in Jun 2004, my state labor from florida got cleared last month and it went to Atlanta DOL. My case was filed as a EB3 category, my lawyer called me yesterday saying that with the dates retrogessing for EB3 category he says he can re-file me with EB2 category since i have a MS degree from US. My 6 years on H1 will be completed next october. Can anyone advice me if it is better to file again with EB2 category ?
NPC Rules
if NPC's start processing applications filed from 1/1/05 and if you file in Jan'05 in EB2 there is a good chance that you will get your labor quickly and file for 140/485 asap. If they start acting as BEC's till PERM is implemented then your new application will be at the bottom of the list (300k+).So its a tricky scenario unless DOL makes these rules clear.
if NPC's start processing applications filed from 1/1/05 and if you file in Jan'05 in EB2 there is a good chance that you will get your labor quickly and file for 140/485 asap. If they start acting as BEC's till PERM is implemented then your new application will be at the bottom of the list (300k+).So its a tricky scenario unless DOL makes these rules clear.
BocaH1 said:sri302, what are NPC Processing rules ? can you be more specific ? this is new to me. do you think it is better to apply next month ?
NPC Vs BEC
Can somebody verify or show the autenicity of the information that NPC process faster the LC petition filed after Jan 1 2005, compare to the LC pending with BEC? It is totally contracts their FIFO policy.
If someone files LC on 12-31-04, he has to forget his LC for atleast two years because of the great "FIFO" policy? Flipside, if someone files LC on 01-01-2005 his LC will get approved soon. This is rediculas.
If this information is true, Can I file a one more LC for the same position, with same employer in same state after Jan 1 2005?
Can somebody verify or show the autenicity of the information that NPC process faster the LC petition filed after Jan 1 2005, compare to the LC pending with BEC? It is totally contracts their FIFO policy.
If someone files LC on 12-31-04, he has to forget his LC for atleast two years because of the great "FIFO" policy? Flipside, if someone files LC on 01-01-2005 his LC will get approved soon. This is rediculas.
If this information is true, Can I file a one more LC for the same position, with same employer in same state after Jan 1 2005?
BEC Vs NPC
So far the DOL's direction seems to be FIFO for BEC and all new labor certifications from 1/1/05 to NPC and its not a fair game because 12/31/04 application has to wait for 2 years where as Jan Ist application will take few days.I hope we get much clear picture of what NPCs' will do from thier inception till PERM is adopted.One problem i see is people flooding NPC's with a lot of EB-2 applications since there is no hope in EB-3 and make NPC's slower.
So far the DOL's direction seems to be FIFO for BEC and all new labor certifications from 1/1/05 to NPC and its not a fair game because 12/31/04 application has to wait for 2 years where as Jan Ist application will take few days.I hope we get much clear picture of what NPCs' will do from thier inception till PERM is adopted.One problem i see is people flooding NPC's with a lot of EB-2 applications since there is no hope in EB-3 and make NPC's slower.
Gc_puli said:Can somebody verify or show the autenicity of the information that NPC process faster the LC petition filed after Jan 1 2005, compare to the LC pending with BEC? It is totally contracts their FIFO policy.
If someone files LC on 12-31-04, he has to forget his LC for atleast two years because of the great "FIFO" policy? Flipside, if someone files LC on 01-01-2005 his LC will get approved soon. This is rediculas.
If this information is true, Can I file a one more LC for the same position, with same employer in same state after Jan 1 2005?
Here is the Link
Hi Guys I think some people are confused about the priority dates.
Please read the link about PD from murthy.com,.... This PD date is not a new thing. It was there long before in 2000. See the article which posted on 2000.
In Simple english.....
Who ever initiated the GC process after landing in USA first,will get their 485
processed first irrespective of whether they filed 485 or not.
Who ever got their 485 approved are OK and lucky.
do not skip the article .. read the last para.
http://www.murthy.com/news/UDpdhdtw.html
Hi Guys I think some people are confused about the priority dates.
Please read the link about PD from murthy.com,.... This PD date is not a new thing. It was there long before in 2000. See the article which posted on 2000.
In Simple english.....
Who ever initiated the GC process after landing in USA first,will get their 485
processed first irrespective of whether they filed 485 or not.
Who ever got their 485 approved are OK and lucky.
do not skip the article .. read the last para.
http://www.murthy.com/news/UDpdhdtw.html
I am also filing in EB2
I fall under the same situation. I am reapply in RIR and to be eligible for
EB2. This is dirty system. i had masters even when they filed my first LC. these attorney's and companies got together and did what ever they feel like and now i have to suffer. though i said 100 times i have a masters degree and i am eligible for masters degree required, they did not listen.
if anybody know of any approved lc's ors substitute labor please let me know.
I fall under the same situation. I am reapply in RIR and to be eligible for
EB2. This is dirty system. i had masters even when they filed my first LC. these attorney's and companies got together and did what ever they feel like and now i have to suffer. though i said 100 times i have a masters degree and i am eligible for masters degree required, they did not listen.
if anybody know of any approved lc's ors substitute labor please let me know.
BocaH1 said:Hi Everybody, I have applied for my Labor from florida in Jun 2004, my state labor from florida got cleared last month and it went to Atlanta DOL. My case was filed as a EB3 category, my lawyer called me yesterday saying that with the dates retrogessing for EB3 category he says he can re-file me with EB2 category since i have a MS degree from US. My 6 years on H1 will be completed next october. Can anyone advice me if it is better to file again with EB2 category ?
AC21 usability
As for as the info i have you can not use AC21 if your 485 is not filed and 180 days are not passed. But in the current scenario i am also awaiting the info my attoney about this . i will post that as soon as i hear from him.
Thanks
Ravi
As for as the info i have you can not use AC21 if your 485 is not filed and 180 days are not passed. But in the current scenario i am also awaiting the info my attoney about this . i will post that as soon as i hear from him.
Thanks
Ravi
astreix said:Guys,
Any idea on I140 and AC21 because of this? Would people be still allowed to use Ac21?
Eb2
Hi,
In my LC application (ETA form), the column "EXPERIENCE" "Job offered" & "Related Occupation" are specified as 5 years. Based on this, will I be eligible to apply I-140 under EB2 category? (i.e Bachelors +5 years)
I appreciate if somebody clarifies it.
Thanks
ind
Hi,
In my LC application (ETA form), the column "EXPERIENCE" "Job offered" & "Related Occupation" are specified as 5 years. Based on this, will I be eligible to apply I-140 under EB2 category? (i.e Bachelors +5 years)
I appreciate if somebody clarifies it.
Thanks
ind
Some_GreenCard
Registered Users (C)
Yes you are ...lucky you...
indgc123 said:Hi,
In my LC application (ETA form), the column "EXPERIENCE" "Job offered" & "Related Occupation" are specified as 5 years. Based on this, will I be eligible to apply I-140 under EB2 category? (i.e Bachelors +5 years)
I appreciate if somebody clarifies it.
Thanks
ind
labordrags
Registered Users (C)
valabor said:Hi,
My employer has EB2 approved labor. I have batchelor degree with 5+ years of experience. Can I file I-140 using EB2 labor?
Thats the requirement for EB2 Catagory, go for it.
Thanks
Thanks SOME_GREENCARD,
But when I looked at the paper ads submitted for my LC application, the Job description states that "two years" of experience is required for my position. It was actaully a common paper ad ran for all of our employees.
Does it impact my category EB2? Can I still apply my I-140 under EB2?
Thanks
ind
But when I looked at the paper ads submitted for my LC application, the Job description states that "two years" of experience is required for my position. It was actaully a common paper ad ran for all of our employees.
Does it impact my category EB2? Can I still apply my I-140 under EB2?
Thanks
ind
Some_GreenCard
Registered Users (C)
Iam not sure about this, but defnietly our Moderator can help you. Why dont you PM with this question. But almost same thing happend to me, since my company want to run 2 years experience ad for other applicants, so they filed my application for EB3. Now iam facing problem due to retrogression...
Good Luck.
Good Luck.
indgc123 said:Thanks SOME_GREENCARD,
But when I looked at the paper ads submitted for my LC application, the Job description states that "two years" of experience is required for my position. It was actaully a common paper ad ran for all of our employees.
Does it impact my category EB2? Can I still apply my I-140 under EB2?
Thanks
ind
You should have the education and experience required by the existing LC item 14 when that LC was filed. If the LC was filed with Masters in Computer Science and two years required you should have masters in CS and two years by that date.
If it listed bachelors and five years, you should have bachelors and five years when that LC was filed with SWA.
If it listed bachelors and five years, you should have bachelors and five years when that LC was filed with SWA.
valabor said:Hi,
My employer has EB2 approved labor. I have batchelor degree with 5+ years of experience. Can I file I-140 using EB2 labor?
Thanks
It does not matter what the paper ad says but if the 750 Part A Item 14 says Bachelors degree required and two years experience required, you can only file in EB3. But if that item 14 says 5 years required and Bachelors degree required you can file in EB2.
Some_GreenCard said:Iam not sure about this, but defnietly our Moderator can help you. Why dont you PM with this question. But almost same thing happend to me, since my company want to run 2 years experience ad for other applicants, so they filed my application for EB3. Now iam facing problem due to retrogression...
Good Luck.