Retrogression questions.

[Newman05]

Hey,

I probably have a misunderstanding about the retrogression. I need your help to understand it.
Say I will get certified (hopefully) . I will be able to file the I-140 after receiving the hard copy of the certificate…right?
Now I believe that my case is an EB3 and I’m not from India, China, Philippines, or Mexico. Also, I’m located in the North East (Vermont center).

I thought that I can file for both I-140 and I-485 at the same day (after receiving the hard copy of the LC) and from the link below I can track if my applications had been processed or not!!!
In general how do you think the retrogression will affect me?
Do you think I have to wait few months/years before I can apply for the I-485?
How long it will be the waiting time?

Thank you all.

 

[Anjey]

don't be so unpatient man!
First you need to read the visa bulletin for October 2005.
It comes out in ~30 days from today.

If by then your category is current - you can file your I485 and you are a free man! Happy?

You will send them your I-140 anytime in the mean time. That's it.

BUT:

It your category is cut-off - you're done.
You won't be able to file your I-485.
Then you're doomed to wait for many months if not years.

This is per their last statement saying: "The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date meovements are likely to be slow."

Sorry man.
You got to be quicker than a speed of sound.-)))

 

[acgv]

Anjey, here's a follow-up question, regarding EB-2 PERM applications...

Can you get the EAD after applying for I-485, if and only if there are visa numbers available correct? Or do you get EAD solely after filing I-485, irrespective of EB-2 retrogression?

For many people the problem is that their spouses may not be working they're on an H-4 visa, so having the EAD is very critical to move on with their careers. I guess from that point the waiting period until you get the GC is much more "bearable"...

Thanks!

 

[uk123]

Anjey, here's a follow-up question, regarding EB-2 PERM applications...

Can you get the EAD after applying for I-485, if and only if there are visa numbers available correct? Or do you get EAD solely after filing I-485, irrespective of EB-2 retrogression?

For many people the problem is that their spouses may not be working they're on an H-4 visa, so having the EAD is very critical to move on with their careers. I guess from that point the waiting period until you get the GC is much more "bearable"...

Thanks!

Yes, you can get EAD, after a few months of applying for I-485. However, if the retrogression is in place (currently it is worldwide for all EB-3 applicants, except, nusing professionals I guess), you cannot apply for 485, until the priority date crosses your priority date (PD - the date you first applied to state labor), so if you are in EB-3 and haven't already applied for 485 then you cannot get EAD. If you have applied for 485 under EB-3 (pipeline cases, retrogression happened, while their application is pending), then you/spouce will get EAD, irrespective of restrogression.
For EB2 cases there are no retrogression at present time, hence not a problem in applying for I-485. But retrogression is predicted for a few countries in the future for EB-2 category, so file 485 at the earliest, if you are in this category to get EAD.