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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 07-17-2008, 03:40 PM
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Priority Date
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Jan-03
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EB3
I140 Mailed Date
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10/19/2005
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Default EB3 Vs EB2 - Open Discussion

Gurus,

I would like to discuss about changing from EB3 India category to EB2 India category. Currently the PD for EB3 India is somewhere in October 2001. We know people with PD November 2001 to current waiting for GC to get approved. Now the questions I have and topic I would like to discuss are,

1. Do you guys think that people with PD November 2001 to November 2002 should change the category from EB3 to EB2? (If they are eligible and if they want)
If you have any reason that these people should stay where they are and wait, please share your opinion.

2. Do you think that that people with PD November 2002 to November 2003 should change the category from EB3 to EB2?

3. What about people with PD after January 2004?

4. Where do we draw the line? We need to help our community to make the best decision on whether to move it EB2 category or stay where they are.

Thanks.

G.
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  #2 (permalink)  
Old 07-17-2008, 03:47 PM
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Priority Date
:
May-02
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I140 Mailed Date
:
06/20/2002
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:
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Default

It all depends on the number of people on EB3 for each month from Nov 2001 to date. Since dont have the slightest idea, there is little we can do. if you can switch, go ahead and switch. Its no use speculating, data doesnt tell anything because sample size on that site is very small and the data is not up to date.

if an EB 3 switches to EB 2 is the visa deducted from the EB 2 quota or EB3 or both, i guess it should be EB2 ... considering USCIS..who knows.
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  #3 (permalink)  
Old 07-17-2008, 03:55 PM
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Jul-07
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man-woman-and-gc will become famous soon enough
Default EB3 to EB2

I wouldn't make that decision until Oct of 2008.
My personal opinion and analysis tell me that EB2 will soon get retrogressed from what it is today and the picture will not be that rosy in a couple of months.

I would wait until Oct 2008 and see what kind of visa numbers are available at that time for EB2 and EB3 and them make any decision on switching.

Again..just my opinion.
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  #4 (permalink)  
Old 07-17-2008, 04:09 PM
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Priority Date
:
Apr-04
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I140 Mailed Date
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12/20/2006
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Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts Sunx_2004 is infamous around these parts
Default No harm in starting EB2

If you file today it will be past october when you have to choose between EB2 and EB3 (I485 stage for EB2) till that time you have both the process going on EB2 and EB3.
If you start EB2 process in October it will take 6 to 9 months to clear labor and I 140..

Quote:
Originally Posted by man-woman-and-gc View Post
I wouldn't make that decision until Oct of 2008.
My personal opinion and analysis tell me that EB2 will soon get retrogressed from what it is today and the picture will not be that rosy in a couple of months.

I would wait until Oct 2008 and see what kind of visa numbers are available at that time for EB2 and EB3 and them make any decision on switching.

Again..just my opinion.
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  #5 (permalink)  
Old 07-17-2008, 04:10 PM
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Nov-03
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Default Eb3-> Eb2

PD Nov 2001 - Nov 2002 -> I would say no point in switching to EB2.

Labour + 140 will take atleast 12 months and another 6-9K US$. Not worth it because even otherwise you might have your GC within 12-25 montha from now.

PD Nov 2002 and beyond : Have to actively consider switching to EB2. Myself being in this range, I am doing the leg work and waiting to hear on what happens to the recapture bill. If it does not happen then these PD's should switch if they can and qualify.

Instead of being jealous towards EB2 bonanza , I think EB3 applicants should make use of this Eb3->EB2 conversion option and participate in the bonanza.

Yes, it costs additional 9K . Consider that the price of the ill advised decision to go in for Eb3 to begin with.

An opportunity to get past this GC mess and start realizing your dreams on both personal and professional front.
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  #6 (permalink)  
Old 07-17-2008, 04:10 PM
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Apr-06
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Default

My suggestion would be.

If your PD is After Jan 2004, you better get started and look for a position in EB2. If your PD is before Jan 2004, you wait and watch until end of this year and then make a informed decision. But in the long run , it makes lot of sense to be in EB2 if your job requirement is eligible for it.

Also take a look at the trend of the PERM processing. as per 2007 stats 40% of the cases got struck in audit process.

Last edited by mheggade; 07-17-2008 at 04:15 PM.
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  #7 (permalink)  
Old 07-17-2008, 04:19 PM
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Default Your estimate is wrong

Quote:
Originally Posted by Sunx_2004 View Post
If you file today it will be past october when you have to choose between EB2 and EB3 (I485 stage for EB2) till that time you have both the process going on EB2 and EB3.
If you start EB2 process in October it will take 6 to 9 months to clear labor and I 140..
It is taking average of 1 year for I140. And there is a possibility of PERM audit , which can derail all your plans.
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  #8 (permalink)  
Old 07-17-2008, 04:24 PM
Senior Member
Priority Date
:
May-02
Category
:
EB3
I140 Mailed Date
:
06/20/2002
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I-485
I485 Mailed Date
:
12/20/2004
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Default

i am EB3 apr or may 2002 PD. In late 2005 i had asked my lawyer about switching to EB2 and she told the company that it would be a waste of money because our PD was 'so close' to being current. its 2008 and we are still 'so close' . i should have gone ahead and switched, now she says the same thing but i dont plan to listen. at the most i loose 6-9k...

i guess each one should take a decision on his/her own situation, without over analyzing. I agree with you that people with PDs 2003 and beyond should certianly consider switching.

Quote:
Originally Posted by chmur View Post
PD Nov 2001 - Nov 2002 -> I would say no point in switching to EB2.

Labour + 140 will take atleast 12 months and another 6-9K US$. Not worth it because even otherwise you might have your GC within 12-25 montha from now.

PD Nov 2002 and beyond : Have to actively consider switching to EB2. Myself being in this range, I am doing the leg work and waiting to hear on what happens to the recapture bill. If it does not happen then these PD's should switch if they can and qualify.

Instead of being jealous towards EB2 bonanza , I think EB3 applicants should make use of this Eb3->EB2 conversion option and participate in the bonanza.

Yes, it costs additional 9K . Consider that the price of the ill advised decision to go in for Eb3 to begin with.

An opportunity to get past this GC mess and start realizing your dreams on both personal and professional front.
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  #9 (permalink)  
Old 07-17-2008, 04:34 PM
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Priority Date
:
Jan-03
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I140 Mailed Date
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Default same here...

me too , right now in the process of converting from eb3 to eb2 ...
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  #10 (permalink)  
Old 07-17-2008, 04:38 PM
Senior Member
Priority Date
:
Apr-03
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I140 Mailed Date
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Default Who wud do that

I called couple of Desi consultancies..and they told me that lot of thier I-140's aqre getting rejected in this conversion drama...since they are looking for finanacials of the companies and looking for $3 mil of profits..? well do you have anybody who successfully converted from Eb-2-3 please IM me which companies I could contact...
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  #11 (permalink)  
Old 07-17-2008, 04:38 PM
Senior Member
Priority Date
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Mar-04
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Default

I am Eb3 Mar 2004 and I am planning to wait until the Oct dates before making any decision.
But there is a deeper problem that I see.
IV had been extremely instrumental in making the immigration issue heard outside our community and taking it to the ears of the people making decisions.
Now, IV, from what I am hearing and am seeing (by openly not supporting the Eb3-I agenda (pappu making comments about what is wrong with the EB3 word petition)
is interested in pushing the Eb2 agenda only.

The core team explanation that Eb2 rollover nos are provided to EB3 and that is why they cannot help it, is baseless.
If everything in the past was to happen as per the process, there would be no IV at all.

Also, in the recent past, EB3 was available when Eb2 was Unavailable, so the rollover argument is wrong.

Now, if IV is definite on not providing support to the EB3 community, it is time to rethink.

I do not have a good feeling about the EB3 to EB2 conversion (it is basically going into unknown territory).
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  #12 (permalink)  
Old 07-17-2008, 04:42 PM
Senior Member
Priority Date
:
Oct-02
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:
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I140 Mailed Date
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:
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Default EB2 is the future

EB2 is the only hope for all EB3-I folks bcoz EB3-I is last in the chain to get any spillover so you should not have any hopes in next 5 years.

Dates will move one month per year for EB3-I in next 5 years unless a miracle happens.
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  #13 (permalink)  
Old 07-17-2008, 04:49 PM
Senior Member
Priority Date
:
May-02
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:
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I140 Mailed Date
:
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:
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:
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Default

I was also told that there is new law which requires that the PERM fees should be paid by the employer (around 5-6k). Most desi consultancies used to ask the employees to pony up the labor fees. wonder how this will affect the conversion process.

Quote:
Originally Posted by pani_6 View Post
I called couple of Desi consultancies..and they told me that lot of thier I-140's aqre getting rejected in this conversion drama...since they are looking for finanacials of the companies and looking for $3 mil of profits..? well do you have anybody who successfully converted from Eb-2-3 please IM me which companies I could contact...
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  #14 (permalink)  
Old 07-17-2008, 05:33 PM
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May-08
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Thumbs down Sad post by you reddog

I am sorry you feel like that about IV core. I am not a CORE member so I can't speak for them but if you have spent a basic amount of time following and more importantly taking part in IV initiatives you would not have "decided" that IV is promoting "EB2" agenda simply because there is no such agenda.

I am sure you noticed this but if not, this is a free speech and membership forum and IV is not made up by pappu or paskal but each and every one who tries to make some difference by participating in the action items.

If you think that there needs to be IV initiatives that better suit your needs, you know what...lead it...set up action items....organize like minded folks. IV is setup for that. It is easy to just point fingers and put out statements based on your negative perception, if you really feel so bad about this phantom EB2 agenda, how about doing something constructive through IV.

Quote:
Originally Posted by reddog View Post
I am Eb3 Mar 2004 and I am planning to wait until the Oct dates before making any decision.
But there is a deeper problem that I see.
IV had been extremely instrumental in making the immigration issue heard outside our community and taking it to the ears of the people making decisions.
Now, IV, from what I am hearing and am seeing (by openly not supporting the Eb3-I agenda (pappu making comments about what is wrong with the EB3 word petition)
is interested in pushing the Eb2 agenda only.

The core team explanation that Eb2 rollover nos are provided to EB3 and that is why they cannot help it, is baseless.
If everything in the past was to happen as per the process, there would be no IV at all.

Also, in the recent past, EB3 was available when Eb2 was Unavailable, so the rollover argument is wrong.

Now, if IV is definite on not providing support to the EB3 community, it is time to rethink.

I do not have a good feeling about the EB3 to EB2 conversion (it is basically going into unknown territory).
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  #15 (permalink)  
Old 07-17-2008, 07:16 PM
Senior Member
Priority Date
:
Oct-02
Category
:
EB3
I140 Mailed Date
:
03/01/2003
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/01/2003
Compare
Join Date: Apr 2007
Posts: 322
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Default Agreed

None of the initiatives so far has helped EB3-I and in fact it hurt EB3-I



Quote:
Originally Posted by reddog View Post
I am Eb3 Mar 2004 and I am planning to wait until the Oct dates before making any decision.
But there is a deeper problem that I see.
IV had been extremely instrumental in making the immigration issue heard outside our community and taking it to the ears of the people making decisions.
Now, IV, from what I am hearing and am seeing (by openly not supporting the Eb3-I agenda (pappu making comments about what is wrong with the EB3 word petition)
is interested in pushing the Eb2 agenda only.

The core team explanation that Eb2 rollover nos are provided to EB3 and that is why they cannot help it, is baseless.
If everything in the past was to happen as per the process, there would be no IV at all.

Also, in the recent past, EB3 was available when Eb2 was Unavailable, so the rollover argument is wrong.

Now, if IV is definite on not providing support to the EB3 community, it is time to rethink.

I do not have a good feeling about the EB3 to EB2 conversion (it is basically going into unknown territory).
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