Retrogression is expected to get worse before it gets better

Don't know ..

gc_tx_2003 said:
saras,

Do u think EB3 ROW will have to be current before the unused visas from EB1 and EB2 ROW can be distributed to EB2 india. , as UnitedNations and someothers are suggesting ?
Click to expand...

gc_tx_2003,

I would be lieing if I told you that I know for sure. I truly believe that no one on this forum knows for sure. The only people who know are DOS.

regards,

saras
 
saras76 said:
gc_tx_2003,

I would be lieing if I told you that I know for sure. I truly believe that no one on this forum knows for sure. The only people who know are DOS.

regards,

saras
Click to expand...

I doubt DOS knows. Why has EB3 India been flipflopping by weeks back and forth for the past several bulletins? Isn't it correct that 485 processing is done by USCIS but the bulletins are released by DOS? So DOS needs to talk to USCIS to know what the heck is going on. And I don't even want to go into discussions regarding USCIS's numbers.
 
Agencies

ufo2002 said:
I doubt DOS knows. Why has EB3 India been flipflopping by weeks back and forth for the past several bulletins? Isn't it correct that 485 processing is done by USCIS but the bulletins are released by DOS? So DOS needs to talk to USCIS to know what the heck is going on. And I don't even want to go into discussions regarding USCIS's numbers.
Click to expand...

ufo2002,

You are absolutely right. When we talk about visa bulletins and logic and all that stuff we have to keep in mind the kind of government agencies we are dealing with here. As you rightly said, the DOS gets input from USCIS and DOL. We all know what kind of inept agencies USCIS and DOL are. There is no point in looking for logic or reason here. We are better of trying to get some law change.

regards,

saras
 
245(i) and impact to India - EB3

saras76 said:
gc_tx_2003,

I would be lieing if I told you that I know for sure. I truly believe that no one on this forum knows for sure. The only people who know are DOS.

regards,

saras
Click to expand...

I am a silent listener in this group for a long time and observe many of your posts. I just want to highlight that even people in our Tech field are also filed under 245(i) because of discontinuity in their service beyond 180 days. I know couple of my friends who earlier applied under EB2 & EB3 respectively now switched over to 245(i) in this fashion.

Having known this, I am sure that there can be many even in our field using this provision apart from other people working in gas stations, motels, etc and I am sure this may be one of the reasons why EB3 India too backlogged. I agree with your opinion that though many of them yet to be approved from BEC’s, DOL is projecting that in anticipation that they will be cleared and hold back the cut-off date.

Another question I have to this forum is, though there are many applied, are those applications are still valid. Even for those approved how many are going to be filed for I-140 and I-485? Will this also subject to Labor substitution?

I do not think any one knows any answers to these questions and we will only the results by the movement of priority dates through visa bulletin.

Any comments from UN, Saras and others are welcome.

Thanks
 
had a question.,

with reference to 180 days of interruption of service,

if I am on H1, and if I had to go on medical leave here in the US, (or ) out of the country, would that count as interuption of service.

if I had to be on such medical leave for say 3 months, would that count as 90 says of interruption of service ?
 
Consult attorney

Basically you are saying that if one is on Medical Leave in US..then will they be out of status on H1? Consult an attorney

If you are out of the country...you are not of status. You are not violating any lawful presence in US. Infact you can claim that lost time on H1 extension. Being out of US is no problem at all. Correct me if I am wrong.


gc_tx_2003 said:
had a question.,

with reference to 180 days of interruption of service,

if I am on H1, and if I had to go on medical leave here in the US, (or ) out of the country, would that count as interuption of service.

if I had to be on such medical leave for say 3 months, would that count as 90 says of interruption of service ?
Click to expand...
 
When to file for 485 ?

Hi All,

My prioriy date is now current. And am an ecstatic!
I spoke to my HR person asking for my 485 to be filed asap. But I was told that the attorney has to receive a letter from USCIS that I am eligible to apply. Is this true ? Can the attorneys not go ahead based on the visa bulletin ?

I would greatly appreciate any information on this.

Thanks,
Sarath

EB3- India
PD - 31 Jan 2002
140 Approved - 27 June 2006
 
No such thing.

I don't think the USCIS sends any letter stating an individual is ready to file 485. You need to step up and be aggressive with your HR.

The USCIS website has tons of information on who should file and when.

HTH,
 
LaborPains said:
Hi All,

My prioriy date is now current. And am an ecstatic!
I spoke to my HR person asking for my 485 to be filed asap. But I was told that the attorney has to receive a letter from USCIS that I am eligible to apply. Is this true ? Can the attorneys not go ahead based on the visa bulletin ?
Click to expand...
HR people don't know anything about getting a green card. Since they are unwilling to proceed because of this fictitious letter, ask them to check with the attorney about your eligibility to file the I-485, then the attorney will say it is OK.

Most of the I-485 work is on you ... not the company or the lawyer. While you wait for your company to get their act together, start preparing the long list of things for the 485 ... tax returns, W-2, birth certificate, photos, medical exam, etc.
 
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