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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 06-07-2007, 09:00 AM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
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:
I-140+I-485
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
Default Eb3 Oct 2003 or EB2 Dec 2004

I'm from India and my current company is giving me lc substitution of Eb2 Dec 2004. My LC with the same company is pending with Oct 2003. But If I take EB2 DEC 2004, they will use OCT 2003 for other employees

Please suggest which one is better
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  #2 (permalink)  
Old 06-07-2007, 09:12 AM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
07/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
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Posts: 392
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Default

Quote:
Originally Posted by STAmisha
I'm from India and my current company is giving me lc substitution of Eb2 Dec 2004. My LC with the same company is pending with Oct 2003. But If I take EB2 DEC 2004, they will use OCT 2003 for other employees

Please suggest which one is better
Wait until the next visa bulletin releases (6/18/07) and you will have more information to decide on which one to choose.
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  #3 (permalink)  
Old 06-07-2007, 09:13 AM
Senior Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
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Posts: 1,395
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Default

If I were you I will comare both options very carefully.. There are pros and cons about both option.. Substitute is going away next month. So it means you need to have I-140 approved before that. But good thing is if you take EB2 chances are you should be able to file I-485 very soon.
on other side if you continute with EB3 risk is low but who knows how long it will take to approve..

Its entire upto you what you want to do...


P.S. - Please contribute to IV if you haven't done it yet..

Thanks.




Quote:
Originally Posted by STAmisha
I'm from India and my current company is giving me lc substitution of Eb2 Dec 2004. My LC with the same company is pending with Oct 2003. But If I take EB2 DEC 2004, they will use OCT 2003 for other employees

Please suggest which one is better
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  #4 (permalink)  
Old 06-07-2007, 11:20 AM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
Default

THanks guys.

My company has set a deadline till Friday (tommorow) to either accept it or reject it. Please advice
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  #5 (permalink)  
Old 06-07-2007, 11:22 AM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Afghanistan
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 501
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Default Substitution is for labor

Quote:
Originally Posted by ramus
If I were you I will comare both options very carefully.. There are pros and cons about both option.. Substitute is going away next month. So it means you need to have I-140 approved before that. But good thing is if you take EB2 chances are you should be able to file I-485 very soon.
on other side if you continute with EB3 risk is low but who knows how long it will take to approve..

Its entire upto you what you want to do...


P.S. - Please contribute to IV if you haven't done it yet..

Thanks.
Deadline for Substitution is for filing labor not I-140 approval
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  #6 (permalink)  
Old 06-07-2007, 11:29 AM
Member
Priority Date
:
Jul-03
Category
:
EB2
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Feb 2007
Posts: 74
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Lightbulb Re: decision

Quote:
Originally Posted by STAmisha
I'm from India and my current company is giving me lc substitution of Eb2 Dec 2004. My LC with the same company is pending with Oct 2003. But If I take EB2 DEC 2004, they will use OCT 2003 for other employees

Please suggest which one is better
It makes sense to get EB3 with older priority date. In case you get it, you can port that priority date to EB2 (which you can file as a fresh application after I-140 approval). If you do that your EB2 will be current (as per June 2007 visa bulletin).
__________________
EB 3 India PD____________: 21 July 2003
I-140 (Premium) Approved_: 15 May 2007 (No LUD after that)
I-485 Filed on___________: 30 Jul 2007 (LUD: 25 Oct 2007, 11 Aug 2010)
I-140 EB2 Approved ______: 1 Apr 2010 (with incorrect priority date of Jan 2006) (LUD: 11 Aug 2010)
Submitted for Interfiling soon afterward
Greened - 10 Oct 2010
"We must become the change we want to see" - MG
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  #7 (permalink)  
Old 06-07-2007, 02:25 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2007
Posts: 1,120
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Default

imneedy is right. Go with the EB3 + approved I_140, then file another PERM in EB2 for some other position (or a more senior position). Once that comes thru, while filing I-140 port the older date over. You will be current and good to go.
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  #8 (permalink)  
Old 06-07-2007, 02:58 PM
Senior Member
Priority Date
:
May-06
Category
:
EB2
I140 Mailed Date
:
08/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
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Default A Bird in Hand is better than two in the bush

Quote:
Originally Posted by STAmisha
I'm from India and my current company is giving me lc substitution of Eb2 Dec 2004. My LC with the same company is pending with Oct 2003. But If I take EB2 DEC 2004, they will use OCT 2003 for other employees

Please suggest which one is better
Since your EB3 is still pending - there is no way to know when it will get approved. If I were you, I would file for I-140 using EB2. Then when the EB3 is approved (and the labor substitution elimination rule goes into effect), you can file I-140 premium (remember when the substitution elimination rule goes into effect, no one else can use that LC) and then file for I-485 AOS in EB2 with the EB3 priority date.

Ofcourse, the EB2 could become current even before the EB3 LC is approved.
__________________
Greened on 05/04/2011
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