|Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories|
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Action Item: Against EB3 to EB2 porting
We all know that a few IV members have successfully contacted DOL and got the Computer and Information Systems Manager to EB3 category. All other IT occupations are in EB3 category already. Now consulting companies cannot misuse EB2 category. If they do so they will be immediately audited.
Now our main focus should be on removing EB3 to EB2 Porting. IV core has been banning me continously but I refuse to relent because I am not abusing anbody but just speaking the truth. Pls mail the letter in the next thread to the USCIS director. Your address or contact info need not be put in the letter.
"The battle has begun"
Last edited by priority_date2; 11-03-2008 at 06:35 PM.
Pls mail this letter to USCIS director
Mr. Jonathan Scharfen
U.S. Department of Homeland Security
Washington, DC 20528
We would like to inform you about the injustice being done to Employment Based Second Category (EB2) applicants of India and China.
An Employment Based Third Category (EB3) applicant of India and China who has an approved I-140 petition is being able to port (recapture) his earlier EB3 priority date to EB2 category. E.g. An EB3 applicant with an approved I-140 petition and priority date of June 2002 would retain this early priority date even if he gets a new EB2 I-140 petition with a priority date of June 2008. This increases the wait time of EB2 applicants of India and China considerably.
This procedure followed by USCIS is in violation of immigration law sections pertaining to priority date of individual applicants.
(a) Preference applicant. The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977. Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission
We request you to investigate this violation of immigration law and remove porting (recapturing) of priority date from EB3 to EB2 categories. This would reduce the waiting periods of EB2 applicants of India and China considerably.
<Your name and address>
who is right?
EB3 - India
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
Why non issue?
Why is it a non issue? Your group has not stopped EB3 to EB2 porting? You can stop the pending EB3 to EB2 applications before it is too late.
Last edited by priority_date2; 11-03-2008 at 06:48 PM.
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