Rather frustrating situation,need advice


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I have a BS in Engineering from India and MS from a university in US. I work for a major US heavy duty equipment manufacturer .I had the 3 years of experience before joining the company.My company had filed my labor in EB3 category in April 2008 (I-140 approved) because they did not want to put a MS+3 or BS+5 for the engineer grade I was in at that time.

Last year I moved to a senior grade engineer position in a different division within the same company and gained additional duties. This new division has filed for EB2 perm (MS+3 or BS+5) on my behalf and I will be porting my priority date from my old EB3 petition (April 2008). As everyone knows EB2 India is currently at May 2010. My PERM was filed a week ago and the company attorney is teeling me it is taking about 4 months for processing the PERM.

I am hearing rumors that the dates might retrogress in summer. Is it true ? And even if they do will they go as far back as 2008 ?

I already missed the boat in July 2007 fiasco and I hope I don't miss it again.

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When my PERM is approved and my priority date is current, I will be doing a concurrent filing of I-140 and I-485. Would it help if I add premium processing on I-140 so that I-485 would be processed quickly ?

I-140 will need to be approved before I-485, however, the fact that I-140 is pending is not going to slow down I-485 processing. The I-485 will just be processed normally and remain pending until I-140 decision. It is hard to predict whether I-485 processing will take long time or not (you can get stuck in namecheck for years, I hope it does not happen), but if you think that I-140 will take more than 4 months, it would make sense to file premium. Also, it ususally helps to have approved I-140 just for your own peace of mind.

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@Belle. Thanks for the advice. I heard some stupid rumor that there is a risk of audit if you do premium processing for I-140 during an EB3 to EB2 conversion ..again it sounds too stupid to be true..

I will request my company to apply for premium processing for my I-140 so that my I-485 processing is not delayed.

I have not heard anything of the sort. Plenty of people have done it, so I don't see an issue. Good luck!

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There is certainly a chance that the dates will retrogress, but, the current situation is fairly different from 2007. The dates have been advanced, but it is not like 2007 when everything was made current.

In the OP, there is really nothing more that can be done at this point, since the EB2 case is filed/waiting a decision. The 2008 PD is a pretty good date in EB2, since there is still a fair amount of "pad" even if there is a retrogression.

We will update MurthyDotCom if we receive any reliable information about Visa Bulletin cut off dates or predictions.

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  • 4 weeks later...

Attorney..my EB2 PERM (INDIA) was submitted on Feb 13 2012. I am porting my EB3 priority date from April 2008..this recent distressing update from Charles Oppenheim has put me in tension...

Do you think my PERM will be approved before dates retrogress...

Can I do anything now so that my company can file I-140/I-485 on the day my labor is approved..

I have all the documents needed for filing..

Is it a good idea to do the medicals now to save time ?

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Dude, your PD is Apr 2008; mine is from 2004 (when John Kerry was running for President!), so if it makes you feel any better. There is no use getting frustrated about something you have no control over. Just do what you need to do diligently (keep documents ready - like BC etc) and be prepared at all times. From personal experience, feeling frustrated only upsets all other activities around us.

It's a free advice, you can take it or ignore it!

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like other said nothing good comes out of fretting over uncotrollable..you were supposed to wait for your perm approval..which is a good 4 to 5 month process..and my sources(claiming to have attended the meeting) tell me that come next fiscal year..october..things will be back to normal for eb2..so basically you are losing nothing..

generally i ignore posts that seek pacifying on the forum here but looks like you have all over the forums even on weekends..so thought of leting u know the above..

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The reason behind this urgency is that my wife who is currently on H4 and attending school has found an internship opportunity in a company.However the internship is contingent on her recieving an EAD. This internship holds the key to a full time opportunity. I currently reside in a small city and it is very difficult to find high tech jobs hence we can't afford to lose this opportunity.

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Yes, you can file I-140 and I-485 right after the LC is received (it takes a few days after approval). Just make sure you or the lawyer has everything in place and prepared.

Can your wife switch over to F1, and then apply for OPT? If so, I would get the forms from the school and just do it now. In all honesty, even if your dates retrogress, they will become current pretty soon again. Say, October. Your wife can have the internship, and then file her I-485.

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Thanks for your inputs. I am currently in touch with the company lawyer and am getting things ready. There are several reasons why my wife can’t change to F1

(a) She would be treated as a non-resident and the tuition fee would double

if she changed to F1

(b) She would need to take atleast 9 credits which would be a big burden because we have a kid

© She has only 3 required courses remaining and they are all not offered in the same semester.

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Illinois dude....i totally agree with trackit...He is a 2004 case...I am a 2003 case- EB3 and am the few "unfortunate" cases whose labor was pending( there were no queries, audit nothing in our case) in the backlog center when they opened the 2007 floodgates.It simply took 4 years for a labor to clear. We have no EAD and are on the nth year of H1B extension. Now moving on with EB2 with another employer. Hope you feel better. This long road to GC has sure taught us something called "Patience" in the truest sense.

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  • 3 weeks later...

EB2 dates are going to retrogress in May bulletin and it doesn't look like my EB2 PERM (PD April 2008 porting) will not be approved in time. I have come to terms with it. It also looks like I will have to wait till October to see any movement. Do you guys think it will move to mid 2008 in a few months after Oct ?

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