madfrank

http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

http://travel.state.gov/visa/immigra...23.html#fourth

Ray

The Labor Certification Process for EB-2 and EB-3 Cases:

Beneficiaries of the Second Preference - with the exception of national interest waiver - and Third Preference employment based categories need labor certification.

The US permanent residence application procedure based on an alien employment certification commences with an application for labor certification filed with the US DOL. DOL must certify that there are no qualified, willing, and able US. workers available to fill the offered position in the relevant market, and that employment of the foreign national will not adversely affect the wages and conditions of similarly employed US. workers.

http://www.foreignlaborcert.doleta.gov/howdoi.cfm

madfrank

Yes - we might be able to argue that no other American can do my job. I'm asking has anybody here done this and how?

tonrob

Maybe if you start yet another thread someone will come along and give you the answer you want to hear!

Silverdragon102

Incorrect, your employer can file for EB3 however you can not AOS until PD is current, otherwise you just join everyone else in the queue. You need to apply to get a PD

Brat1

My OH is in the EB-3 category and our application for PR is now at the National Visa Centre and we just have to wait in the queue like everyone else for our priority date to come up. In the May bulletin, their looking at dates of 22 August 2005 so we've still got at least an 18 month wait, and that's assuming the dates don't go back the way which is possible. His employer had to advertise his position for I think, 6 months to get the Labour Certification. Don't know if any of this helps, we're currently here on H1-B and H4 visas.

Paul S

EB-3 here too. Went current back in the big 07 'fiasco' and then promptly unavailable and retrogressed. Now with my PD of April 06 I'm about 8 months off hitting current and possibly getting the elusive GC. Although having gotten within 2 months of a current date (back in 08) I'll believe it once I have the card in my hands.
As for the Labour Cert again about a 6 month process overall (think my colleagues took about 9 months). Job advertised etc and then a review period before submission of everything to get the final okay/decision

Meryl

what happens if your visa runs out before you get your EB3? I only ask because I will be in the same boat- I'm 18 mnths into my H1B and my employer wants to file for my EB3......only thing is if it takes 6-8 years like the attorney says, will I still be able to stay here and work?

lisa67

Once your I 485 has been approved then you are ok to stay and work. You can renew your H1B every year ( which is a pain in the butt) until your priority date becomes current

Brat1

As far as I know, the H1-B is for 3 years, you can then extend it for another 3 years. But if you already have your application in for your EB-3, then as Lisa said, you just keep extending it and you can stay and work in the country - I'm sure someone else will come along and let me know if that's not correct

ian-mstm

That's because once the I-485 is approved, the person becomes a US permanent resident and gets a green card.

Ian

Brat1

Ian, am I right in saying that as long as you have started the application process for permanent residency, you can keep extending your H1-B for as long as it takes for you to obtain your PR status??

Orangepants

Once you have started the process and have the I-140 pending for at least 365 days then you can get extentions to the H1B in yearly increments. Once the I-140 is approved - you can get three year extensions.

lisa67

Surely that depends on whether a visa is available? Or am I mixing this up with USCIS receiving your I 485?
All I know is, is that DH had his labor cert. approved and then we waited for a number of years, cos it all retrogressed, until we got out GCs. in the mean time we renewed our H visas every year....

Brat1

Lisa, I am no expert on this, but my understanding is that our H1-B is for 3 years, we can extend for another 3 years after that, but if we have our application started for our GC (which our priority date is Jan 2007), you can stay on the H1-B for as long as it takes to get your GC. Now, I don't know at what point you have to renew every year?!?!?!? I have no clue?!?!? I'm sure someone will clarify. Still sitting waiting, and I don't foresee the GC's magically appearing, even with a bottle of wine down my neck