Retrogression: Doing the Math

effects of Retrogression (EB2) on career growth

Folks I had a question from a growth perspective. My PD is Aug, 1 2002 (EB2). (I-140/485 concurrent filing - June 25' 2003). Based on the current Visa cutoff dates & optimistic projections on this forum, I am potentially looking at atleast a 3 yr wait.

How does this affect our jobs? e.g. when my petition was filed, I was a Sr Analyst (Manager level) In the 6 years since Labor Cert being filed, what if I get promoted? Does that make me ineligible for immigration as I won't have the same job. In addition what about pay raises?

Realistically USCIS should not expect the "best-&-brightest" they want to immigrate to stay in the same job/position without any advancements.

Please share any thoughts

Thanks
 
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vsaksena said:
Folks I had a question from a growth perspective. My PD is Aug, 1 2002 (EB2). (I-140/485 concurrent filing - June 25' 2003). Based on the current Visa cutoff dates & optimistic projections on this forum, I am potentially looking at atleast a 3 yr wait.

How does this affect our jobs? e.g. when my petition was filed, I was a Sr Analyst (Manager level) In the 6 years since Labor Cert being filed, what if I get promoted? Does that make me ineligible for immigration as I won't have the same job. In addition what about pay raises?

Realistically USCIS should not expect the "best-&-brightest" they want to immigrate to stay in the same job/position without any advancements.

Please share any thoughts

Thanks
Click to expand...

That's a million $$ question. And the short answer is YES changing your position by virtue of career advancement does jeopardize your Labor Certification status. Small increments in salary may not but growing in career by responsibility more than 50% different from your Labor Certification will.

Take everything I say here with a grain of salt, I am not an expert but these are opinions I have formed by reading while waiting.

I am in a similar situation on many levels and this has been a constant thought for me as well. Unfortunately the answer is not one we want to hear.
From your employers perspective, they get the benefit of this process for as long as you are stuck and I believe these rules are very slavish in tradition and sometimes I wonder maybe even in intent.

So all said and done I share your frustrations and the answer is not favorable to you and me and everyone stuck here. All we can do is say, to hell with it and move on with our lives once we are eligible by the most aggressive standards. I dont believe living my life by someone elses unfair processes is going to keep my happy even if the cost is a life in the great USofA. Frankly my India is growing real fast and most times I wonder if I am in the right place at the wrong time.
 
Re:- effects of Retrogression on career growth

Spidey - so the salary cannot have grown by more than 50%? or the responsibilities can't have grown more than 50%? HOw do you measure growth in responsibilities?

Somebody who came in on the management track can very realistically expect to be atleast a Director if not a Sr. director or even VP (optimistically) in 6-8 years (1 yr before labor applied for + 6-7 yrs of waiting time)

Most employers would want to increase responsibilities for qualifies personnel! Our inabilitiy to grow might actually make them want to NOT keep us in employ!!!

What do the forum members think abt this?
 
neha_wal said:
lcsilence,
people who started ther process in 2000/2001 /2002 allready got there GC except for the people who filed from NY/NJ/CA/DC/Maryland and some more places, but they should be less than 2003 and certainly less than 2004.
Click to expand...

I know quite a few people with PD (Mar 2002-Dec 2002) none of them got their GC.
 
Not true

According to the latest memo on AC21 (clarification of previous memo), I thought I read, that at the time of adjudicating I140/I485 (not sure if I140 or I485) only the conditions and nature of work in the 6 months of filing is necessary to match with the LC.

Someone please prove me wrong if they can get hold of that memo.



vsaksena said:
Spidey - so the salary cannot have grown by more than 50%? or the responsibilities can't have grown more than 50%? HOw do you measure growth in responsibilities?

Somebody who came in on the management track can very realistically expect to be atleast a Director if not a Sr. director or even VP (optimistically) in 6-8 years (1 yr before labor applied for + 6-7 yrs of waiting time)

Most employers would want to increase responsibilities for qualifies personnel! Our inabilitiy to grow might actually make them want to NOT keep us in employ!!!

What do the forum members think abt this?
Click to expand...
 
AbGCDeDo said:
According to the latest memo on AC21 (clarification of previous memo), I thought I read, that at the time of adjudicating I140/I485 (not sure if I140 or I485) only the conditions and nature of work in the 6 months of filing is necessary to match with the LC.

Someone please prove me wrong if they can get hold of that memo.
Click to expand...


And better yet. Somebody please prove him/her right :D
This would be good news as far as I am concerned. :eek:
Actually, I am sure this would be good news as far as everybody is concerned. :cool:

But here's some leisure reading on this subject from a very respectable lawyers website.
http://www.murthy.com/news/ukchange.html
Not very encouraging. :rolleyes:
 
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may be

mariner555 said:
I am new to this site and I was impressed by the calculations for retro.
can someone tell me this ..my PD is Mar 2004 EB3 ..when can I expect to get EAD or file for it. my concept on this whole process is this ...be mobile i.e dont buy large houses or fancy cars ..if you get GC then good or be ready to move back to yr own country (with max savings so that you can have lots of breathing time) ..cheers !!!!
Click to expand...


Around year 2012
 
Staying on Topic: Just Doing the Math

All,

Please start new threads when you want to veer off the topic of Doing The Math.

The career growth topic is an excellent one -- I'm caught in that one, and have had a productive conversation with my attorney about it. Happy to share if you start a new thread.

BTW, is there a moderator out there who can carve off conversations into new threads?
 
sligthly off topic, i was unable to locate the right thread

Can anyone of you guys help...

This year I missed filing H1 for my wife and I plan to file it next year (was waiting for my GC to come, but now it will take forever, I am on H1 without LC approved yet).. The problem is she will have not more than 9 months (when her H4 + H1 period reaches 6 years), starting october 2006 before she completes 6 years. Now for her to stay with me and work, she either needs
to
1. Have filed her labor 1 year before (that she cannot do as she will only have 9 months before her 6 years completion)
2. Or have an approved or applied 140 (what's the rule guys)

Is there a possibility that she can work and not have to go out and stay out for an year. Any ideas.

Thanks,
a
 
Way off topic: Start a new thread

Please, please -- just start a new thread when you have off topic questions. If you can't find one that already exists, just start a new one!
 
starting new thread -

berkeleybee said:
All,

Please start new threads when you want to veer off the topic of Doing The Math.

The career growth topic is an excellent one -- I'm caught in that one, and have had a productive conversation with my attorney about it. Happy to share if you start a new thread.

BTW, is there a moderator out there who can carve off conversations into new threads?
Click to expand...

Berkeleybee - am having trouble figuring out how to start a new thread concentrating on the impact of retrogression on career. Could you pls help me with that. Would love to read your inputs/opinions on this issue

Thx
 
Retrogression could be a blessing in disguise for the folks who have been waiting for a long time for their labor as the PERM guys will not be able to break into the queue and get ahead of them.
What do you guys think???
 
Now is the Time to ACT!

I have posted two times in the past few days to give some ideas to the regulars in the forum to get a movement going. But I haven’t heard any feedback, and I so I am going to take the initiative to get this done myself.

While there are quite a few movements out there (Compete America etc.) there is nothing directly represented by the H1Bs waiting for their GC- who look for faster processing times and the availability of visa numbers. There is a group called Techworkers @ yahoo groups, but their focus is on mailing letters and calling up lawmakers.

As I have said before, all efforts are good efforts, however to get our voices heard we need to raise some serious money and effectively use a lobbying firm to represent us well. The Bush administration is serious to get out an Immigration bill, but their focus is on the status of illegal immigrants. Unless, we H1Bs get some proper representation, only an insignificant change to the EB visa numbers may be made. Immigration bills are not passed every year, and if we miss the boat on this then I guess I will be writing to y’all in 10 years.

So here is the action plan for which I need some volunteers:

(a) First we are going to get a website out. I need a few technical administrators - somebody with HTML, web based database, and querying, graphics, hosting, skills etc.
(b) Need an Accountant with non-profit experience.
(c) Need somebody who can help us get this non-profit registered.
(d) Need to get a reputable attorney to be on the board of directors and co-chair this non-profit. The attorney will also help us liaise with the lobbying firm. The attorney will gain significant exposure from this, for a good cause, including possibly some airtime on TV.
(e) Need a set of directors and somebody to chair this non-profit.


As we get this organized and get the volunteers together we will come up with a charter and put it up on the website. We are then going to use the website to raise some serious money, collect statistics and track information. They say there are about 300,000 backlog cases. Even if half of them contribute $20, you are looking at $3 million dollars. Other people, and organizations including your local grocery store should be inclined to contribute and raise that number. Any unused money will be contributed to a charitable organization of your choice.

The time to ACT is NOW, so that we can get our voices heard as the Bill is being reviewed.

Please respond to me at bluberry4all@yahoo.com (with the subject heading H1B) with your information and the role you would like to play so that we can get this moving.

They say the H1Bs represent a highly skilled workforce, and so lets prove that RIGHT. Else we probably do not deserve a GC.

Please paste this on other forums so that there is some visibility and people can volunteer.
 
nice but I've got both

aqan said:
Retrogression could be a blessing in disguise for the folks who have been waiting for a long time for their labor as the PERM guys will not be able to break into the queue and get ahead of them.
What do you guys think???
Click to expand...

Got EB2 PERM LC well before retro while keeping a non-RIR EB2 LC with PD in 2001, kidnapped in BEC by 245(i) beneficiaries.

Do I need to pick up a Korean gal for marriage to get cross chargeability?
 
GcNov2004 said:
If some one has good knowledge about MS-Access or Excel or whatever in handling huge data like 500K records, we can find out an approximation on what is going on with DOL. I tried to analyze the data but not very successfull.

Website: http://flcdatacenter.com/casesearchperm.asp

We can download a text file containing information about all the labor applications filed between 10/01/1996 and 12/3/2003. This can be linked in access or excel... With that, some simple programs can show how many are pending at every date (it gives PD) by comparing with the last event. With some more effort we can go beyond and compare prevailing wage etc.. for EB2 and EB3. I guess mostly people from India are Tech people so we can compare OCC_Title with Software engineer or Programmer Analyst or whatever is under Math category.

Any volunteers?

-GcNov2004
Click to expand...

Hi All,
I got some time today and was able to download the data, details are attached. I am not a pro to do any math but if anyone willing to do then I can help, if any more information required. Please check the attachment.

Regards
 
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Labor_Wait said:
Hi All,
I got some time today and was able to download the data, details are attached. I am not a pro to do any math but if anyone willing to do then I can help, if any more information required. Please check the attachment.

Regards
Click to expand...
Instead of looking only certified numbers, we should look at "Received at Regional Office" because those are the ones waiting.. Probably certified might have got their GC already because this information is from 1/29/2004. Or else one possibility that they might come as LC subs.
 
GcNov2004 said:
Instead of looking only certified numbers, we should look at "Received at Regional Office" because those are the ones waiting.. Probably certified might have got their GC already because this information is from 1/29/2004. Or else one possibility that they might come as LC subs.
Click to expand...
There are two tabs in the excel. The second tab have total number of records received by Year. If you substract from the total received - total cetified gives you the pending one.
 
Playing with Numbers: Read the Caveats Please

All,

So it looks like estimating the exact number of Indians in EB-1, 2 and 3 is pretty impossible given current data.

Still I wanted to get some sense of the magnitude of the problem and how the various proposals floating around (increasing the per-country limit, increasing the total number of visa numbers available to the EB category, counting only the primary applicant etc.)

NOTE THAT THIS IS HYPOTHETICAL ANALYSIS -- A SET OF EXAMPLES SENSITIVE TO THE ASSUMPTIONS MADE. However, it helps to see how the numbers vary given the assumptions. Please read the notes on the description tab and on each other tab.

There are 5 tabs/scenarios in the Excel file attached (not including the Description tab). Even I was boggled when I made up the first tab -- "EB-2 Visa Numbers for Indians" tab.

I'm hoping I made some HUGE errors, which you will point out! But again, note that these are example scenarios.

[On Oct 6, later in the day: I'm taking this file down in the interests of the health of this forum, prevent seizures and what not;-)]
 
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scary scenario

berkeleybee, that analysis scared the hell outta me. Hope the actuals are a lot less than your calculated numbers.
 
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