retrogression

neocor

Registered Users (C)
#61
cheedallarajesh said:
One last note, friends of mine who purchased pre-approved labour by paying $13,000/-, later they found that the employer sold the same labour to 3 other people. And they recieved letters from INS saying that thier cases are pending due to double/triple submission of I140 for the same labours. So, watch out what you do.
This is why the one good thing that USCIS can do is to abolish Labor Substitution. I wont mind even if they sent the Priority dates back to 1988, as long as they abolish Labor Substitution.

I am 200% sure that the priority dates will move forward like an F1 car if Labor substituion is abolished.

neocor
 

starfish

Registered Users (C)
#62
Retrogression - Join this Newsgroup

My friend forwarded this group to me. This is a pretty huge group (1435 members) and they are working to do something about the retrogression. All of you, please join this group. Maybe we could all make a difference and request the senate unanimously to increase the visa numbers.

http://groups.yahoo.com/group/techworkers/

Any help from the attorneys would also be highly appreciated. :eek:

Thanks.
 

CALCA

Registered Users (C)
#63
pvr726 said:
CALCA: What you said is not true to my knowledge.. In order to be able to keep the PD and be portable between companies you should have the 140 approved and 485 pending for 180 days minimum. On the Yates note (not yet a law) dated 05/12/2005 about the AC-21 regulations there is a proposal to make even a 140 pending for 180 days portable between companies.. But from what I read on these forums, these are not good places to confirm the implementation of it -- there're opinions heard on both sides of the arguments and can be very confusing at the end.

-Ram
marin_count said:
Hey Calca,

You can use your labor filing (receipt number) for the purpose of extending your H1 indefinitely in 1 yr increments (however, the caveat is you should work in same or similar occupation as original H1, which means you may not be able to pursue career growth as easily by switching jobs).

However, you "CAN NOT" retain the priority date on your original labor - you will have to get another employer to file a new Labor Cert for you, and the priority date for the new LC will become your priority.

Hope that answers your question.

The count.

Thanks for the replies guys. It seems that you can retain your priority date and also get H1B extension if you change your job once your I-140 has been approved. Read the memo by Rajiv posted on another thread(http://boards.immigrationportal.com/showthread.php?t=189550) by someone.

Essentially what it says is
"Changing Employer After I-140 Approval
----------------------------------------------
If a person has received an I-140 approval through an employer, the priority date then permanentally belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employer, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at leat the copy of the I-140 approval notice."

I think not many people are aware of this rule. It will ceratinly give relief to many persons who are stuck with a employer because of green card and want to change for whatever reason carrer growth, salary, layoff etc. If someone has more knowlwdge aout this please post it on some forum.
 

ykhan

Registered Users (C)
#65
keeping your old priority date

If a person had an approved I-140 from the previous employer, he can retain his old PD regardless of I-485, even if the employer used his labor for another employee. All one has to do when filling I-140 again he has check where it says have you ever filed I-140 before and mention that it was approved and then attach a copy of approved I-140 notice of action. Then when your second I-140 gets approve it will have the same PD as your old approval notice.
 
#66
Spouse's I-485

My spouse is currently in India waiting for her H-4 visa. The appointment date is in November 2005.

My priority date is December 2001. I am in the US so I can file I-485 before Oct.1. However my spouse cannot file for I-485 till November when my priority date will not be current.

My spouse has a valid B-1 visa.

Can anyone think of any actions that can help in my case. I have tried getting an earlier appointment date for the H-4 for my spouse. However I have not gotten any results so far. Any help would be appreciated.
 

hereismygc

Registered Users (C)
#67
You are right neocor. When the USCIS and DOL will abolish these chaotic labor substitution, priority date will go forward and no need of these kind of unwanted delays for validation and authenticity of the old labor certs.

I wish DOL and USCIS will implement soon the filing I-140 within 45 days of Labor certification approval. This will definitely abolish the fraud going on in Labor substitution.

Disclaimer: I'm not a lawyer, but individual member so act accordingly
 

royl66

Registered Users (C)
#68
Also with new LC ?

ykhan said:
If a person had an approved I-140 from the previous employer, he can retain his old PD regardless of I-485, even if the employer used his labor for another employee. All one has to do when filling I-140 again he has check where it says have you ever filed I-140 before and mention that it was approved and then attach a copy of approved I-140 notice of action. Then when your second I-140 gets approve it will have the same PD as your old approval notice.
:confused: :confused: :confused:
Do you think the original PD will stand even if a new LC is seeked with diff PW (as in the case of changing to EB2 after PERM and I-140 were both approved originally under EB3) ???
 

retro_unjust

Registered Users (C)
#69
Unfortunately sense and logic does not always have to work !




etgc said:
I think I agree with Ali_Sabri that it does not look correct that the priority dates should go back to 1998. I am hoping and praying that they move forward quickly. Priority dates of late 2002 or early 2003 would probably make more sense logically.
 

pvr726

Registered Users (C)
#70
Edison

I gather you are in EB-2 category. You should apply for your own 485 before Sep 30 so as not to miss a chance to apply due to retrogression.

But you should continue to extend your H1 status inspite of applying for 485 so that your wife cam join you as non-immigrant. That might mean extending H1 from year to year after the 6 years are over.

As long as your PD does not become current, both you and your wife should continue as non-immigrant status (H1 & H4). Therefore until such time, there is not much point in you applying for EAD or AP. Because even tho EAD gives you employment flexibility, once you use EAD then your H1 is considered abandoned, and your wife's H4 becomes out of status too. YOU SHOULD NOT TRAVEL ON H1 (should only use Advance Parole) AFTER EAD is UTILIZED even though H1 may have validity, as this will lead to you denial of your GC petition. Best is, don't even apply for EAD and AP right now for yourself and continue on H1 only.

When your PD becomes current, your 485 will be taken up for processing and new 485s of same PD (like your wife's) will be accepted for submission. You should immediately apply for her 485 when this happens, preferably before your own 485 will be approved (there may be several months of processing between taking up for review and completing the processing, but you never know -- when exactly you don't wish it, they may get very efficient and process your case the same day).

Even if your 485 gets approved by any chance before your wife could apply for her own, (like say because she is in India at that time), she can still apply under EB-2 485 as long as her PD (same as yours) is current. No need to fear that her application will go as a family based petition or something -- if marriage happened before your 485 approval then her case qualifies for EB petition, no matter what her application date for 485 is. This was my misunderstanding that in such a case wife should go into family based category and wait for several years before getting GC but it was corrected by an attorney opinion in the other portal forums recently.

Hope this helps.

-Ram

edison_brain said:
My spouse is currently in India waiting for her H-4 visa. The appointment date is in November 2005.

My priority date is December 2001. I am in the US so I can file I-485 before Oct.1. However my spouse cannot file for I-485 till November when my priority date will not be current.

My spouse has a valid B-1 visa.

Can anyone think of any actions that can help in my case. I have tried getting an earlier appointment date for the H-4 for my spouse. However I have not gotten any results so far. Any help would be appreciated.
 
#71
Thanks Ram

Ram,

Thanks for the useful and detailed advice. It was certainly very useful. Amazingly, my company lawyers' advice was not as detailed and high quality as yours. In fact they advised me to apply for an EAD and the AP. Shows how dangerous advice from wrong people can be.

I had also thought of the following alternative to get my wife in the US before this deadline:

Get ger in on a B-1 (which she already has) fast. File for change of status to H-4 using form I-539 the day she arrives in the US. Followed by filing of I-485 before the Oct. 1 deadline using the I-94 (it will clearly be a B-1 based I-94) and a copy of the receipt of the I-539 (which can be filed electronically so may be you can get the receipt immediately). I had thought this approach is legal, though I am not an attorney.

However, the company attorneys are advising strongly against this approach - they consider it very risky. I also read that change of status from B-1 to an alternative status (H-4) so fast (in a day) usually gets you in big trouble with the INS and the local consulates. So I also lost my enthusiasm as well. Besides they could reject the entire I-485 application in 3 months (or whenever they get to review it).

However, the opportunity cost in my situation is also high. If my wife cannot work here for the next few years, and I have to work on yearly extensions (patchwork with yearly visa stamping implications), it makes the whole value proposition of staying in the US very very bad. I might just have to pack my bags and go home.

So I am wondering again - is this a feasible alternative which could get me out of the mess I am in? Is it worth the risk in my situation? Or could you potentially get yourself blacklisted by the INS with such an approach?

Thanks,
Edison
 

infostarved

Registered Users (C)
#72
Have you tried other consulates in India ? Spread your search. Does she have a Candian visa? Try canada. Or she could enter the US on a B1, immediately go to Nogales or something and come back on an H4. Keep in mind that H4 is one of the most straightforward visas to grant. As long as your paperwork is in order they have to give it to you.

But honestly, I think it's kind of hard to pull it off before this Friday.

But it's not the end of the world yet. You never know with these backlogs... one day they're there... the next day they're gone...

edison_brain said:
Ram,

Thanks for the useful and detailed advice. It was certainly very useful. Amazingly, my company lawyers' advice was not as detailed and high quality as yours. In fact they advised me to apply for an EAD and the AP. Shows how dangerous advice from wrong people can be.

I had also thought of the following alternative to get my wife in the US before this deadline:

Get ger in on a B-1 (which she already has) fast. File for change of status to H-4 using form I-539 the day she arrives in the US. Followed by filing of I-485 before the Oct. 1 deadline using the I-94 (it will clearly be a B-1 based I-94) and a copy of the receipt of the I-539 (which can be filed electronically so may be you can get the receipt immediately). I had thought this approach is legal, though I am not an attorney.

However, the company attorneys are advising strongly against this approach - they consider it very risky. I also read that change of status from B-1 to an alternative status (H-4) so fast (in a day) usually gets you in big trouble with the INS and the local consulates. So I also lost my enthusiasm as well. Besides they could reject the entire I-485 application in 3 months (or whenever they get to review it).

However, the opportunity cost in my situation is also high. If my wife cannot work here for the next few years, and I have to work on yearly extensions (patchwork with yearly visa stamping implications), it makes the whole value proposition of staying in the US very very bad. I might just have to pack my bags and go home.

So I am wondering again - is this a feasible alternative which could get me out of the mess I am in? Is it worth the risk in my situation? Or could you potentially get yourself blacklisted by the INS with such an approach?

Thanks,
Edison
 

retro_unjust

Registered Users (C)
#73
Metaman , thanks for your offer. However, the issue and resentment here stems from the unpredictable nature of the GC process. If at the start of the process the applicant has some fixed expectations one may know whether to start the process or not and plan life accordingly. If after having spent 3-4 years in the process you are suddenly hit by the retrogression than that is unfair by any reasonable standards. I dont know what to say .. loosing it.


metaman said:
I have read many posts like this before. I have a way to free all you slaves , go back to your country and be free. I am from India and in the USA since 1998. I work for a reputed US company and they pay me very well. After delaying labor for 5 years they filed non rir in Aug 2004. Well it sucks, so I am packing my bags and leaving to India. The money is good and I will not be a slave anymore.
If your company does not let you resign and makes you work against your wish, let me know and I will rescue all. Will also help you leave US so that you can live in your country with dignity. If you voluntarily work here in USA, well that is not Slavery.

"When I was entering US in 1999 on H1 I was not aware that I am entering US as a slave but in a different form (With a badge “SKILLED WORKER”/ Look at the terminology), as it happened with Africans few decades ago. Slowly I have realized that there is no way that I can escape this bonded slavery system until I get my GC. I was with a hope that this slavery will end up soon at least in couple of years when I filed my GC in 2003. Now I lost all my hopes looking at these latest changes in DOL and USCIS. It seems there no visible ending for this slavery until you loose all your strength and stamina. Fellows keep serving the corporate and consulting companies and make them richer at the cost of your blood, sweat, hopes, prospects and everything what ever you have in your life. We, the IT consultants are no superior to the people in poor African countries or third world counties. We are just making few more dollars at the cost of our self respect.

May God bless us to do more slavery."
 

raj33

Registered Users (C)
#74
Hello Mr. Ram,
Mine is also same case but the thing is, I will be married soon. So I have to file her 485 when the PD becomes current. But I applied for EAD and AP also along with I485 on Sept 30. Why will that be a problem, can you please explain? I won't be using EAD anyway until I file spouse's I485. So, is keeping EAD unused a problem?
 

akela

Registered Users (C)
#75
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
 

sagn

Registered Users (C)
#77
Retro

I applied for NIW/I-485 on sep29th. USCIS received it on sep 30th. To improve the chances, If I apply I-140EB1EA by next week and incase if my EB1EA get approved before NIW, do you think USCIS will use my I-485 (that I submitted on sep 30th) at that point with the approved EB1EA?. is that anything to do with retrogression issues? Hope that the retro is for I-485 and not for I-140.



thanks in advance.
 
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