URGENT: Movement of PRIORITY DATE in EB3

G

green1

Registered Users (C)
Hello Folks,

Case Details:
Labor certification and I-140 approved / EB3 category / Vermont Service Center / Adjustment of Status
Priority date - May 3rd 1999
Now, I have around 7 years of experience with MS degree.

I was under the assumption that the priority dates for EB3 will become current by mid of 2001. But lately, I heard from a very reliable sources that there are more than 200,000 cases pending in EB3 and it might take minimum of 2-3 more years for my priority date to become current. If this is the case, my green card process would be at least 4 more years.

My Questions:
1. Have any of you heard the same?.
2. Do we have clear estimates on movement of priority date based on reliable stats?.
3. Is it possible to change from EB3 to EB2 in the same company?. If yes, do we have to redo Labor and I-140?
4. If I move to another company, does my approved Labor and I-140 from present company help in anyway?

I have seen other people talk about having patience for the dates to move here. But, at the same time I don\'t want to be wasting my time hoping for something, which is not going to happen.

Please let me know, what you folks think?. Thanks in advance.

Regards,
SK
 
No Title

Yes, in my opinion, you are better off trying for another job and apply in EB2. You can upgrade in the current company if they agree to give you an upgraded designation, job duties (and whatever required to qualify for EB2). But, I think you have to redo the whole process starting from labor. Because labor certification sets the foundation based on which all your further applications are based. You may be able to carry the PD with you. Findout from your lawyer.

Kiran
 
No Title

Hello,

here are my views/answers for your questions... please note that these are strictly opinions based on some known facts and assumed views based on information on this board after taking into account some junk that may been posted...

Questions:
    1. Have any of you heard the same?
    A. If there were no S.2045 law for argument sake, this would have been true. But S.2045 is a reality and there\'s great hope that this things could rock & roll. However, nothing happenned yet and probably won\'t till Mar/April 2001. Bottom line, no one knows the effect of S.2045.

    2. Do we have clear estimates on movement of priority date based on reliable stats?.
There\'s no logic that can be applied for the movement of PD because the effect of the new law hasn\'t been noticed yet.. all the stats that exist so far may be invalid due to the possible effect of the new law. On the bright side, all PDs may become current (stop asking when till after Apr 2001) for all categories but that could also mean a flood of applications for I485 approvals. it all would depend on where your application stands in the flood.

    3. Is it possible to change from EB3 to EB2 in the same company?. If yes, do we have to redo Labor and I-140?
the answer to you first part of the questions in \'Yes\'. The answer to the second is unknown so far as there\'s nothing clearly defined in S.2045. But that may mean redoing I140 and eventually getting into possible screw ups by INS leading to INS denials as has been noticed on this board.

    4. If I move to another company, does my approved Labor and I-140 from present company help in anyway?
same LC/I140 again, why would want to do that? if there was any EB change then it would make sense. However, if your question is based on the assumption that S.2045 allows job change after 180 (or 365days on I140) then it might in fact be a big mistake because INS is talking a contrary stance on job change based on S.2045. This issue will hopefuly resolved in March 2001 which is when the regulations are expected.

Hope this helps.
BK
 
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