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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 06-15-2007, 01:28 PM
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May-08
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Default What will you do if you were in my situation?

I am working with one of the best company in USA with a very good salary. before joining this company I was working with a company who filed for my LC and 140. It is approved.
Now my new company has yet to file my labour.
My old employer is not willing to port the old dates as well not ready to file my 485 even if I gave him money.
Now with the new bill I am afraid that I no longer can apply for extension as I have yet to file for my labour. I have 2 years left.
the old employer is asking me to join him. It will be a big risk considering the fact that if the bill doesn't pass I might loose my existing super nice job.
What would you do if you were in my situation?
thanks for listening my rant.
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  #2 (permalink)  
Old 06-15-2007, 01:32 PM
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Sep-03
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It is ur decision buddy....I leave it to u
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  #3 (permalink)  
Old 06-15-2007, 01:34 PM
Senior Member
Priority Date
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Nov-03
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EB2
I140 Mailed Date
:
12/12/2005
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India
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06/27/2007
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Default

Quote:
Originally Posted by anu_t
I am working with one of the best company in USA with a very good salary. before joining this company I was working with a company who filed for my LC and 140. It is approved.
Now my new company has yet to file my labour.
My old employer is not willing to port the old dates as well not ready to file my 485 even if I gave him money.
Now with the new bill I am afraid that I no longer can apply for extension as I have yet to file for my labour. I have 2 years left.
the old employer is asking me to join him. It will be a big risk considering the fact that if the bill doesn't pass I might loose my existing super nice job.
What would you do if you were in my situation?
thanks for listening my rant.

When your new company is going to file for labor? If they can file the PERM in with in next month then there are chances that you can get labor approved in few days/weeks. If PD still current you can file 485. It is very difficult to leave good company but in bad time good company may turn bad. Do you have any option to join back your good company after 6 months if you decide to join back your old Not so good company?
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  #4 (permalink)  
Old 06-15-2007, 01:35 PM
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:
Jun-03
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I140 Mailed Date
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10/22/2006
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India
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I485 Mailed Date
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07/12/2007
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Default

Quote:
Originally Posted by anu_t
I am working with one of the best company in USA with a very good salary. before joining this company I was working with a company who filed for my LC and 140. It is approved.
Now my new company has yet to file my labour.
My old employer is not willing to port the old dates as well not ready to file my 485 even if I gave him money.
Now with the new bill I am afraid that I no longer can apply for extension as I have yet to file for my labour. I have 2 years left.
the old employer is asking me to join him. It will be a big risk considering the fact that if the bill doesn't pass I might loose my existing super nice job.
What would you do if you were in my situation?
thanks for listening my rant.
The old employer is asking you to join him, and has he promised to file I-485 if you join him?. Is that employer good enough for his word?. Does he have good projects?. If YES, then it is upto you to decide if you would like to get the ability to file for I-485 and get EAD and AP and join the old employer or would rather get stuck here at the new "best company in the USA".
The new bill is in debate, it is not a law yet. Consult an attorney for the best advice. But you have to make the decision if you are willing to let go of an opportunity to work at this super nice job or you would rather let go of the old PD with the previous employer and not file I-485.
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  #5 (permalink)  
Old 06-15-2007, 01:45 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
04/18/2008
Chargeability
:
Sri Lanka
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:
N/A
I485 Mailed Date
:
04/18/2008
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If you're planning on applying for new labor under PERM please keep in mind if your application is going to Atlanta the wait for decisions is well over 3-4 months.

If the old company promise to file I-485 and you're sure they'll keep their word I would take it. Once you have your GC you can get a good job in a top company.
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  #6 (permalink)  
Old 06-15-2007, 01:48 PM
Member
Priority Date
:
Oct-08
Category
:
EB2
I140 Mailed Date
:
06/05/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/06/2012
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Default Pre-filing Steps

With PERM, you have to go though the pre-filing recruitment/advertisment steps before you can file. That can take anywhere from 4-6 weeks. Talk with your new company and see if they can get that started ASAP. Once the LC is filed and if you are lucky, you can get the approval in 2-3 weeks or maybe sooner. It is very tight for July 31st with the new company.
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  #7 (permalink)  
Old 06-15-2007, 01:53 PM
Banned
Priority Date
:
N/A
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:
N/A
I140 Mailed Date
:
Chargeability
:
India
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:
N/A
I485 Mailed Date
:
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Default

PD may be current for a few months and you may have some time to get LC cleared. Still you can take a decision based on Next VB as you have 15 days time to take a decision. You file for LC and wait for next VB then you make a decision. Job is more important than GC in many aspects


Quote:
Originally Posted by hsd31
With PERM, you have to go though the pre-filing recruitment/advertisment steps before you can file. That can take anywhere from 4-6 weeks. Talk with your new company and see if they can get that started ASAP. Once the LC is filed and if you are lucky, you can get the approval in 2-3 weeks or maybe sooner. It is very tight for July 31st with the new company.
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  #8 (permalink)  
Old 06-15-2007, 01:54 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
10/09/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Mar 2006
Posts: 504
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Default

Quote:
Originally Posted by anu_t
I am working with one of the best company in USA with a very good salary. before joining this company I was working with a company who filed for my LC and 140. It is approved.
Now my new company has yet to file my labour.
My old employer is not willing to port the old dates as well not ready to file my 485 even if I gave him money.
Now with the new bill I am afraid that I no longer can apply for extension as I have yet to file for my labour. I have 2 years left.
the old employer is asking me to join him. It will be a big risk considering the fact that if the bill doesn't pass I might loose my existing super nice job.
What would you do if you were in my situation?
thanks for listening my rant.
Here is what I'll do:-

1. Will never return to an old employer. From your message itself looks he is greedy and mean. So you are never safe with him.

2. Try to convince your new company to file for labor asap and pray that once your labor is approved, dates are still current. This has slight possibility as USCIS has indicated that dates might remain current for quite a while (read immigration-law.com)

3. Try to file PERM through a third company for a future employment. Join them only if you get the labor through them and then file I140 and 485 concurrently. I've few friends who have done that. I can also suggest you a company through which you can do that but there is no guarantee they will do it for you. They did for our friends becuase they knew one of them and has a good relations.
This way you are minimizing the risk.
__________________
EB2 PD: Jul '06
I-140: Sept '06 from TSC
485 Filed - July 2nd at NSC
LUD - 06/02/2011
CPO Email - 6/2/20111
Cards Received - 6/9/2011

Finally maDemygc

Last edited by makemygc; 06-15-2007 at 01:56 PM.
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  #9 (permalink)  
Old 06-15-2007, 01:57 PM
Senior Member
Priority Date
:
May-08
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 117
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Default another question

I think my old employer will keep the word of filing the 485.
And yes new company may take me back or may not.(Nobody will promise that to you in IT atleast)
I know that with EAD I can Join back . But some people are saying that ac21 will be revolked after bill passes. Is it true? Then I will stuck with that old employer.
I am just interested in Extension and not in GC/EAD.As I am planning to go back to my home country.
Any thoughts guys?
and yes I know that it my decision ultimately ,but it is always good to listen other's view(especially when there nobody else to tell you what to do),may be I can make up my mind for something. Before putting my carreer on risk I just wanted to make sure I am taking right decision.


edit: hey I read some messeges after I submitted this post

Last edited by anu_t; 06-15-2007 at 02:15 PM.
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  #10 (permalink)  
Old 06-15-2007, 02:02 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
10/09/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 504
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Default

Quote:
Originally Posted by anu_t
I think my old employer will keep the word of filing the 485.
And yes new company may take me back or may not.(Nobody will promise that to you in IT atleast)
I know that with EAD I can Join back . But some people are saying that ac21 will be revolked after bill passes. Is it true? Then I will stuck with that old employer.
I am just interested in Extension and not in GC/EAD.As I am planning to go back to my home country.
Any thoughts guys?
and yes I know that it my decision ultimately ,but it is always good to listen other's view(especially when there nobody else to tell you what to do),may be I can make up my mind for something. Before putting my carreer on risk I just wanted to make sure I am taking right decision.
I don't think you can have the best of both the worlds. You have to compromise somewhere. I myself left too many lucrative offers to stick with desi company (the big one not small consulting) where I work 10-12 hrs, report to some stupid people, my client loves but cant hire me and at the end of the year do not get any raise even graded as an A+ employee. So you know what i'm talking about.

One more thing...I left top big 4 consulting company to join this desi company only because I knew only they can do my GC. Big non-desi companies have just too many process before you can even file GC.

Rest is your decision.
__________________
EB2 PD: Jul '06
I-140: Sept '06 from TSC
485 Filed - July 2nd at NSC
LUD - 06/02/2011
CPO Email - 6/2/20111
Cards Received - 6/9/2011

Finally maDemygc

Last edited by makemygc; 06-15-2007 at 02:05 PM.
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  #11 (permalink)  
Old 06-15-2007, 02:10 PM
Senior Member
Priority Date
:
May-08
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jun 2007
Posts: 117
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Default thank you

makemygc I send you an PM. You just know my situation. yes this company is has so many rules and regulations.and all that A+ is very very true.That's why I joined this new company. thank you for listening.
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  #12 (permalink)  
Old 06-15-2007, 02:25 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
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cooolvick is on a distinguished road
Default

I am also in the same situation.

I read on a different thread that 485 can be filed with previous employer and you can continue to work in current company. because 485 is based on future employment. Once labor is cleared in the new company, an ammedment can be filed in I-140 along with 485 papers from previous company..Is it true?? or am I reading it wrong??

Please help
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  #13 (permalink)  
Old 06-15-2007, 02:27 PM
Junior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jun 2007
Posts: 5
Shimaila is on a distinguished road
Default Please Help

Please answer my questions
My case is that i was working for a company having offices in multiple cities.
I just shifted from one location to a different location my company is still the same. I was told that since the location is change they need to start the process again i just moved in mid may'07. While my second stage that is I140 is already approved and since the company is same there is no risk of company withdrawing the case.
Now since my priority date is current what do i need to do, can i file for third stage i.e. I 485, or my whole process will start again because of location change.
Please do reply. I am confused. if it has to start again, how long will the whole process take now.
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  #14 (permalink)  
Old 06-15-2007, 02:33 PM
Senior Member
Priority Date
:
May-08
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 117
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Default yes but

Quote:
Originally Posted by cooolvick
I am also in the same situation.

I read on a different thread that 485 can be filed with previous employer and you can continue to work in current company. because 485 is based on future employment. Once labor is cleared in the new company, an ammedment can be filed in I-140 along with 485 papers from previous company..Is it true?? or am I reading it wrong??

Please help
yes but I heard that you have to join them at some stage. Which everything falls down (because of this bill) I ready to do. The thing is my previous employer is not ready to file my 485 without joining him. even if I am ready to compensate him whatever he gains by joining him for 10 months. That's because he hopes that he can substitute that labour and earn more money than I can give him. I just hate this helpless situation.
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  #15 (permalink)  
Old 06-15-2007, 02:50 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Nov 2006
Posts: 13
cooolvick is on a distinguished road
Default

Quote:
Originally Posted by anu_t
yes but I heard that you have to join them at some stage. Which everything falls down (because of this bill) I ready to do. The thing is my previous employer is not ready to file my 485 without joining him. even if I am ready to compensate him whatever he gains by joining him for 10 months. That's because he hopes that he can substitute that labour and earn more money than I can give him. I just hate this helpless situation.
Note that your previous company cannot use your labor after July 15th 2007.
I know they have the business mind..they may even let your labor go wasted rather than using it for you (if you dont join them)

My dillema was over yesterday, as my previous company said "NO" for filing my 485 ( they think it is a headache for them) and now I am seeking an answer to "all new I-140 approvals halted till october 2008" due to point system implementation in GC..not sure about it.. any answer to it will help you too in deciding to stay in your new company..
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