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Retrogress Date for EB3 is Jan 01, 2002
- Thread starter pashwin
- Start date
pleasehelp1
Registered Users (C)
Does anybody know what that means / who will get affected ? I am EB2, RD 04/02...
Does anybody know what that means / who will get affected ? I am EB2, RD 04/02...
Can you please reveal your source of information ?
Does anybody know what that means / who will get affected ? I am EB2, RD 04/02...
Can you please reveal your source of information ?
JacksonvilleFL
Registered Users (C)
How and where you find (locate) your priority date? Is your I-485 ND/RD is your priority date?
JacksonvilleFL
JacksonvilleFL
tirugui said:EB2 is not affected by this dates,
only EB3 china/india/phil are affected
tirugui: Are only these 3 countries affected? or there are others, where can I find more information?
EB-3 Visa Retrogression and Correct Understanding of Priority Date
The priority date is determined differently between the labor certification based green card proceedings and the labor certification waiver green card proceedings such as EB-1, Schedule A, and National Interest Waiver cases. In the labor certification application based green card proceeding, the priority date means the date the labor certification application was first filed with the labor department. Unlike common misunderstanding, it is not the date of either I-140 petition receipt date nor I-485 receipt date. Accordingly, even if he/she recently filed I-140 petition or concurrent I-140/I-485 recently, they may not be affected by the retrogression inasmuch as their labor certification application shows a filing date earlier than January 1, 2002. For the approved labor certification applications, people should check a box "L.O" at the right bottom of the approved labor certification application.
On the other hand, in the labor certification waiver cases, the priority date means the receipt date of I-140 petition. People should thus check I-797 Receipt Notice of I-140 petition in these cases to find out the priority date.
Under the rule of retention, the alien beneficiary retains the priority date even if the alien starts a new labor certification application with a different employer if and only if the I-140 petition has been approved. Once this condition is satisfied, the retained priority date can be transferred to different categories of I-140 proceedings. For instance, the priority date which was established by the EB-1 or EB-2 I-140 petition approval can be carried over to the petition proceedings for EB-3 and vice versa. Accordingly, those who have changed employers and was involved in the immigration proceedings with other employers should seek legal counsel to see whether their priority date is behind or ahead of the visa cut-off date in the Visa Bulletin.
The above is from WWW.immigration-law.com and I double checked from immigration officer during my interview at local office last month about priority dates he said the same thing we set that up from LC application.
Shahid568
The priority date is determined differently between the labor certification based green card proceedings and the labor certification waiver green card proceedings such as EB-1, Schedule A, and National Interest Waiver cases. In the labor certification application based green card proceeding, the priority date means the date the labor certification application was first filed with the labor department. Unlike common misunderstanding, it is not the date of either I-140 petition receipt date nor I-485 receipt date. Accordingly, even if he/she recently filed I-140 petition or concurrent I-140/I-485 recently, they may not be affected by the retrogression inasmuch as their labor certification application shows a filing date earlier than January 1, 2002. For the approved labor certification applications, people should check a box "L.O" at the right bottom of the approved labor certification application.
On the other hand, in the labor certification waiver cases, the priority date means the receipt date of I-140 petition. People should thus check I-797 Receipt Notice of I-140 petition in these cases to find out the priority date.
Under the rule of retention, the alien beneficiary retains the priority date even if the alien starts a new labor certification application with a different employer if and only if the I-140 petition has been approved. Once this condition is satisfied, the retained priority date can be transferred to different categories of I-140 proceedings. For instance, the priority date which was established by the EB-1 or EB-2 I-140 petition approval can be carried over to the petition proceedings for EB-3 and vice versa. Accordingly, those who have changed employers and was involved in the immigration proceedings with other employers should seek legal counsel to see whether their priority date is behind or ahead of the visa cut-off date in the Visa Bulletin.
The above is from WWW.immigration-law.com and I double checked from immigration officer during my interview at local office last month about priority dates he said the same thing we set that up from LC application.
Shahid568
howdy_howdy
Volunteer Moderator
Oh crap. Mine is EB3 with Priority date of 1st February 2004. Should I wait
for one full year to see some activity on my case? Guru's throw some
light please
---------
I140 ND 9/15/2003 AD 9/15/2004
I485 ND 04/10/2004 TD 11/23/2004 TSC
for one full year to see some activity on my case? Guru's throw some
light please
---------
I140 ND 9/15/2003 AD 9/15/2004
I485 ND 04/10/2004 TD 11/23/2004 TSC
If you are among those countries
There is good news and bad news for you.
If your Labor condition date is prior to that you are in good shape otherwise have to wait until LC dates get passed through those retrogress dates. You are still lucky you filed you 140/485 case. People after 1/1/05 won't be able to file their 485 until meet those criteria.
Shahid568
There is good news and bad news for you.
If your Labor condition date is prior to that you are in good shape otherwise have to wait until LC dates get passed through those retrogress dates. You are still lucky you filed you 140/485 case. People after 1/1/05 won't be able to file their 485 until meet those criteria.
Shahid568