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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 08-19-2010, 08:09 PM
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Default Advise/Information on EB3 -> EB2 Conversion

Hello Friends,

As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up ]

At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

I keep reading about some lucky souls [god bless their souls ] who have managed to retain their priority dates and converted to EB2.

I really want to do that. I am not sure where to start.

1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

Gurus...any help or advise or information is really appreciated.

Thanks,
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  #2  
Old 08-19-2010, 08:29 PM
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  #3  
Old 08-19-2010, 10:02 PM
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Default

I can give you my example. 10 years in the US and got greened yesterday. Background -

B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.

Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.

Overall - I am a happy person. Would continue with Desi employer for some more time.

Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.

Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
*****************************
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  #4  
Old 08-20-2010, 02:04 PM
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Oct-07
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Posts: 283
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Default

Quote:
Originally Posted by kumar1 View Post
I can give you my example. 10 years in the US and got greened yesterday. Background -

B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.

Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.

Overall - I am a happy person. Would continue with Desi employer for some more time.

Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.

Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
Kumar1
Tremendous story of grit and determination I must say....In fact every one of the EB immigrants story can become a storyline for a great movie :-)
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  #5  
Old 08-20-2010, 11:20 PM
Senior Member
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Default

Quote:
Originally Posted by stirfries View Post
Hello Friends,

As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up ]

At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

I keep reading about some lucky souls [god bless their souls ] who have managed to retain their priority dates and converted to EB2.

I really want to do that. I am not sure where to start.

1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

Gurus...any help or advise or information is really appreciated.

Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
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  #6  
Old 08-21-2010, 10:31 AM
Member
Priority Date
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Aug-02
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I140 Mailed Date
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10/01/2005
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India
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I485 Mailed Date
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06/21/2007
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Posts: 74
ssingh92 has much to be proud of ssingh92 has much to be proud of ssingh92 has much to be proud of ssingh92 has much to be proud of ssingh92 has much to be proud of ssingh92 has much to be proud of ssingh92 has much to be proud of ssingh92 has much to be proud of ssingh92 has much to be proud of ssingh92 has much to be proud of
Unhappy Can some one send good Desi Employers by Private mail

I am trying to port EB3 to EB2 but can not find an employer who will file labur for EB2. Can some one send good Desi Employers by Private email.

Also I talked to one employer and he said that I have to bring experience certificate from current employer to show my experience for EB2. The current employer says he will give the experience certificate but write only one line. ..... Any tips here.

By the way kumars story is very interesting. Here some companies thinks following thats many who working Fortune 500 companies are in EB3 or nowhere.

EB1 : for God
EB2 : for Albert Einstein or equivalent or who can win Noble Prize, All other are not qualified
EB3 : Skilled worker with or without master, Like me and you.

Thanks,
__________________
EB3 (India): Aug 2002
I-140 approved @ TSC: OCT 2005
I-485 Pending @ TSC: June 2007
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  #7  
Old 08-21-2010, 01:20 PM
Member
Priority Date
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Jul-04
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I140 Mailed Date
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Default In the process

I am already started the process. Is it worth waiting for something would happen on visa recapture front in Lameduck session after mid term election?.Your thoughts on this?
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  #8  
Old 08-21-2010, 03:21 PM
Senior Member
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May-05
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vasa is a jewel in the rough vasa is a jewel in the rough vasa is a jewel in the rough vasa is a jewel in the rough
Question EB3->EB2; changing employer

Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 ). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.

i have just once concern (well more of clarification than a concern):

- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?

i may have few terminologies wrong so apologize for that.

will appreciate a response.

Thanks
__________________
****************************

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  #9  
Old 08-21-2010, 06:46 PM
Senior Member
Priority Date
:
Jul-05
Category
:
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I140 Mailed Date
:
10/08/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
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Join Date: Jul 2007
Posts: 529
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Default

When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).

What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.

Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -

1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.

Negative point of this route is - you need to make a trip to your home country on a short notice.

Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.

Quote:
Originally Posted by vasa View Post
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 ). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.

i have just once concern (well more of clarification than a concern):

- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?

i may have few terminologies wrong so apologize for that.

will appreciate a response.

Thanks
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
*****************************
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  #10  
Old 08-21-2010, 11:35 PM
Member
Priority Date
:
Jun-05
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I140 Mailed Date
:
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:
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:
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Posts: 34
smohan is an unknown quantity at this point
Default

Kumar,
Thanks for your detailed postings.

One question to Kumar and other knowledgeable readers here.

My child is now over 21 years of age, however is OK with our present EB-3 filing. We all are on EAD. Now if I go for EB-2 route, my doubt is that my child who is already 21 plus years, will not be eligible to be beneficiary in this new EB-2 route...or is there any way?
Thanks for your attention guys.
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  #11  
Old 08-22-2010, 01:02 AM
Junior Member
Priority Date
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Aug-05
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I485 Mailed Date
:
08/02/2007
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Join Date: Jul 2010
Posts: 3
AUG2005GC has a spectacular aura about AUG2005GC has a spectacular aura about AUG2005GC has a spectacular aura about
Default

I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.

Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

Best Luck!
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  #12  
Old 08-22-2010, 08:52 AM
Junior Member
Priority Date
:
Jun-07
Category
:
EB3
I140 Mailed Date
:
07/12/2007
Chargeability
:
India
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:
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I485 Mailed Date
:
08/13/2007
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Posts: 5
svrk is on a distinguished road
Default Aged-out children

Hi SMohan,

I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.

Please verify with your lawyer too. Good luck!
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  #13  
Old 08-22-2010, 08:38 PM
Senior Member
Priority Date
:
Mar-04
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:
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I140 Mailed Date
:
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:
I-485
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:
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gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about
Default

Quote:
Originally Posted by AUG2005GC View Post
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.

Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
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  #14  
Old 08-22-2010, 10:41 PM
Junior Member
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Aug-05
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AUG2005GC has a spectacular aura about AUG2005GC has a spectacular aura about AUG2005GC has a spectacular aura about
Default

Quote:
Originally Posted by gcseeker2002 View Post
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor
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  #15  
Old 08-23-2010, 10:45 AM
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bigticket is on a distinguished road
Default EB3 I, May 2003

Quote:
Originally Posted by AUG2005GC View Post
By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.

Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
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