Priority Date Retrogress: Impact on Employment based petition

Eb3 485/140

--------------------------------------------------------------------------------

Hi,
I have filed for 485 and 140 in eb3 category,

Can i File another set of i140 and 485 under New LC in EB2.
 
Please help me to understand.

Following is my status. It will be great if someone clarify my doubts.

State Labor RD: 12/10/2000
Federal Labor RD: 11/15/2001 (Still waiting for LC)
Catagory: EB3
My H1-B 6year gets over by April 2005. Company already submited extention petition in Dec 2004.

I have 3 questions:
1) What should I consider as my Priority Date (State or Federal RD)?
2) What will be the impact to me with new EB3-Retrogression?
3) As EB3 date retrogressed to Jan 2002 can I still get H1-B extention and file 140 & 485 concurrently (once LC cleared)?

Your help will be highly appreciated.

Thanks,
Murali
 
Last edited by a moderator:
mvatx said:
Following is my status. It will be great if someone clarify my doubts.

State Labor RD: 12/10/2000
Federal Labor RD: 11/15/2001 (Still waiting for LC)
Catagory: EB3
My H1-B 6year gets over by April 2005. Company already submited extention petition in Dec 2004.

I have 3 questions:
1) What should I consider as my Priority Date (State or Federal RD)?
2) What will be the impact to me with new EB3-Retrogression?
3) As EB3 date retrogressed to Jan 2002 can I still get H1-B extention and file 140 & 485 concurrently (once LC cleared)?

Your help will be highly appreciated.

Thanks,
Murali
Click to expand...
1.State Labor RD: 12/10/2000
2.No impact
3. YES
 
same here

PD: Feb 2002 (RIR)->SWA->Jan 2003 DOL-> Non-RIR SWA July 2004.

Don't know what to do?. Any suggestions?



h1b_valid2004 said:
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
Click to expand...
 
mvatx said:
Following is my status. It will be great if someone clarify my doubts.

State Labor RD: 12/10/2000
Federal Labor RD: 11/15/2001 (Still waiting for LC)
Catagory: EB3
My H1-B 6year gets over by April 2005. Company already submited extention petition in Dec 2004.

I have 3 questions:
1) What should I consider as my Priority Date (State or Federal RD)?
2) What will be the impact to me with new EB3-Retrogression?
3) As EB3 date retrogressed to Jan 2002 can I still get H1-B extention and file 140 & 485 concurrently (once LC cleared)?

Your help will be highly appreciated.

Thanks,
Murali
Click to expand...


1. Your priority date is 12/10/2000
2. The impact for you with the EB3 retrogression is that once your Labor gets cleared, your Green Card will come in no time. Your long wait will be rewarded. The retrogression is a blessing for you.
3. Yes.
 
Perm eligibility

Hi,

My lawyer told me that one cannot file PERM if they have crossed 5th year of your H1B even if it is before your 6th year limit.

Is that true?

Thanks for your help
 
With all due respect, I think he is BS'ing

Not2Happy said:
Hi,

My lawyer told me that one cannot file PERM if they have crossed 5th year of your H1B even if it is before your 6th year limit.

Is that true?

Thanks for your help
Click to expand...
 
Partly Right

Partly right.

You can apply for PERM, but you cannot have your H1B extended if you have already crossed 5th year. Remember you should have your application waiting atleast 1 yr to qualify for H1 B Extensions beyond 6 years.

Not2Happy said:
Hi,

My lawyer told me that one cannot file PERM if they have crossed 5th year of your H1B even if it is before your 6th year limit.

Is that true?

Thanks for your help
Click to expand...
 
Well, however, if PERM is going to be as fast as they said, you would be approved and be on your way to I-140/485 stage.
 
Hi PERM and 140

Hi,
Gurus I have not been following the latest PERM rules. I have a question, if we are filing for a PERM with a company, after approval, file I140, does that allow us to change to the new company where 140 is filed? And is the 6th year extension valid in this case . Any views.
thanks in advance
 
Filing PERM in parellel with traditional labor

Hi all,

My attorney says that once PERM is filed, USCIS will ask you to withdraw all other RIR\Non-RIR applications from existing as well as other potential employers who have filed a petition for you. In other words if Company A files a Non-RIR traditional labor for me and then if Company B files a PERM I will be required to withdraw my traditional labor if I want to proceed with PERM.

Is this true?

Thanks for you help
 
Special Case

Can somebody here tell me what my priority date is?

I filed my LC in 2000. Then my i-140 was approved in 2001. However, I couldn't file my i-485 due to lay-off.

Right now, I am doing my second try on my GC. It's very slow, still on the labor. I had an impression that I still have a priority date in 2000 as terms of filing i-485. Is this true?

Thx
 
inwater said:
Can somebody here tell me what my priority date is?

I filed my LC in 2000. Then my i-140 was approved in 2001. However, I couldn't file my i-485 due to lay-off.

Right now, I am doing my second try on my GC. It's very slow, still on the labor. I had an impression that I still have a priority date in 2000 as terms of filing i-485. Is this true?

Thx
Click to expand...

My guess is you can retain your 2000 Priority date as you had your I140 approved with that labor filing.
You may have to specifically indicate that while submitting your curent I140 and I1485 petition. What I am saying is that the INS may not give you the 2000 priority date automatically, you may have to indicate that.
 
EB2 filed now !

Hi,

I have an application currently with BEC filed in EB3 in Aug 2003. I had 5 years progressive experience in Aug but my lawyer filed under EB3 instead of EB2 and now I am caught in retroregression for 140&485. Now my lawyer is telling me to file another application in EB2 now.

1)Does USCIS allow concurrent apps in EB3 and EB2 at same time( 1 EB2 in RIR and 1 old app EB3 in RIR .)
2) If I file new EB2 now will I be eligible to file for 7th year extension based on my EB3 pending application with BEC or does the old EB3 application get void once I file a new application in EB2 and I am no longer eligible for extension.
3) I have talked to my lawyer and he says I can do above but I am not sure and want second opinion from immigration forum gurus .

Appreciate a second opinion for above.


Thanks,
inneedofgc
 
inneedofgc said:
Hi,

I have an application currently with BEC filed in EB3 in Aug 2003. I had 5 years progressive experience in Aug but my lawyer filed under EB3 instead of EB2 and now I am caught in retroregression for 140&485. Now my lawyer is telling me to file another application in EB2 now.

1)Does USCIS allow concurrent apps in EB3 and EB2 at same time( 1 EB2 in RIR and 1 old app EB3 in RIR .)
2) If I file new EB2 now will I be eligible to file for 7th year extension based on my EB3 pending application with BEC or does the old EB3 application get void once I file a new application in EB2 and I am no longer eligible for extension.
3) I have talked to my lawyer and he says I can do above but I am not sure and want second opinion from immigration forum gurus .

Appreciate a second opinion for above.


Thanks,
inneedofgc
Click to expand...


I am also in the same boat. My attorney told me that we can file EB2 without withdrawing the original EB3. Please post in this thread if you hear anything concrete about it. I will also update if I get any news
 
Help and Guidance Needed from Immigration experts

My case is Denied rir remanded to non-rir in EDD/SESA from DOL
How will new rules related to backlog red/Perm/new rules will affect me as I am on 7th YEAR extension.

Hello Everybody,

Here is 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 + - Feb 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 .

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
Ajay
 
ravib said:
I am also in the same boat. My attorney told me that we can file EB2 without withdrawing the original EB3. Please post in this thread if you hear anything concrete about it. I will also update if I get any news
Click to expand...

Did you guys get any more information on this ? I have an RIR application at Federal in Atlanta. I have a US Masters degree but my employer filed EB3. Can I file an EB2 in PERM
 
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