I am a DESI but my case falls under General Visa Pool (i.e. not under visa cap). So far this area didn't have retrogression under EB3 category. I have 2 approved labors with 2 different employers under EB3 category. First labor has PD of Jan 2003 filed by a DESI Consultancy company. Second labor, where I currently work as fulltime permanent, has PD of Nov 2005 filed under PERM. Recently a good paying project came in my hand and my previous employer is ready to give me back my labor upon joining them. I had no intension of going back to consultancy company, but because of currently imposed retrogression am forced to give a serious thought. I expect forum to address following:
1. Is this retrogression is going to last ?
I am hopeful for older cases ...(that it will not too bad for them ) .. but everybody else will agree with me that hope has nothing to do when dealing with this situation...
2. what you will do in my situation ?
I would worship my god, keep having faith and continue to be hopeful. You need to carefully think about the alternatives that you have in front of you. One side is an older priority date and a DESI consulting company and on the other side.. (I assume non -desi..) a permanent position. On one side there is an assignment of a fixed tenure where as on the other side a permanent position which is also not eternal.. Lot comes down to the person(s) you would end up dealing with.
well.. in your case just assume if dates set to 1st June 2002, what would you do? Keep in mind that if everything that is being talked about comes true then you would be able to file your 485 (even if the PD is not current) and get EAD which may not be a bad deal looking at the current scenerio.. This is my personal thought. Wait for other veterans for their opinions. All the best..!!
