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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 (permalink)  
Old 03-03-2008, 02:08 PM
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Priority Date
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Aug-01
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NewYorker989 is infamous around these parts
Default Rcvd Green Card and waiting for spouse I485 approval

Hi everyone

First of all I would like to apologise if I am posting my question in a wrong thread and Good Luck to you all.

I am EB 3 category with PD of AUg 2001. I rcvd my GC in June of 2007 and spouse I-485 is pending.
I would like to start and work for my own corporation. Is it 100 % safe to do so given that my spouse is still waiting for 1485 approval? Once I leave my current employer,he will not be very responsive in any futures rfe's on spouse I485.

Thanks in Advance for your responses.
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  #2 (permalink)  
Old 03-03-2008, 04:25 PM
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Mar-05
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Default is this a substitude labor case?

Quote:
Originally Posted by NewYorker989 View Post
Hi everyone

First of all I would like to apologise if I am posting my question in a wrong thread and Good Luck to you all.

I am EB 3 category with PD of AUg 2001. I rcvd my GC in June of 2007 and spouse I-485 is pending.
I would like to start and work for my own corporation. Is it 100 % safe to do so given that my spouse is still waiting for 1485 approval? Once I leave my current employer,he will not be very responsive in any futures rfe's on spouse I485.

Thanks in Advance for your responses.
when did u file ur wife's 485
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  #3 (permalink)  
Old 03-03-2008, 04:40 PM
Junior Member
Priority Date
:
Aug-01
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:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 3
NewYorker989 is infamous around these parts
Default

I filed my spouse's I485 in June of 2007.

It has been 8 months since I rcvd my GC and I am aware that it is a requirement (or preferred) for a person to continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. What I really want to know that is it safe for me transfer or just wait out another 4 months ?
I would really appreciate a reply from you experts out there.
A link with similar situation would be helpful too.
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  #4 (permalink)  
Old 03-03-2008, 04:54 PM
Senior Member
Priority Date
:
Mar-05
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I140 Mailed Date
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:
India
Processing Stage
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I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 389
Blog Entries: 1
EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough
Default did u substitute labor?

Quote:
Originally Posted by NewYorker989 View Post
I filed my spouse's I485 in June of 2007.

It has been 8 months since I rcvd my GC and I am aware that it is a requirement (or preferred) for a person to continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. What I really want to know that is it safe for me transfer or just wait out another 4 months ?
I would really appreciate a reply from you experts out there.
A link with similar situation would be helpful too.
did u use substitute labor?
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  #5 (permalink)  
Old 03-03-2008, 06:44 PM
Senior Member
Priority Date
:
Feb-04
Category
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EB3
I140 Mailed Date
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01/31/2007
Chargeability
:
India
Processing Stage
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I-485
I485 Mailed Date
:
06/29/2007
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How is substitute labour makes any difference?

Quote:
Originally Posted by EndlessWait View Post
did u use substitute labor?
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So far contributed $321.
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  #6 (permalink)  
Old 03-03-2008, 09:50 PM
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Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
08/07/2007
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United Kingdom
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08/07/2007
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i don't know what sort of RFE might you receive at this point. but if i were in your shoes i would wait till her 485 approval and start laying the ground work for the company in the mean time.

if you think your wife's case is not moving due to red-tape get your lawyer to contact USCIS - perhaps send a demand letter (I have said this before in a previous thread, so sorry if I sound repetitious). u can also try contacting your congress-person to get a status on her case which may motivate USCIS to move on this.

good luck.
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  #7 (permalink)  
Old 03-04-2008, 09:11 AM
Junior Member
Priority Date
:
Aug-01
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 3
NewYorker989 is infamous around these parts
Default

Not a case of substitution labor. My wife's priority date is not current. Although it is only a few weeks away, but we all know priority dates movement is unpredictiable.

Any more expert comments please.

Thanks.
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