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I 485 under 245 I

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  • I 485 under 245 I

    I did my original Labor application in April 2001 under 245I.But due to company bankruptsy I coudn't proceed with my application process further.Since I grandfathered 245I from April 2001 , Once again I sent a new labor application EB3 ROW in November 2007 with another company,which I got approved this month. Can anyone tell me whether I could apply for I 140 and I 485 concurrently with the priority date of Aprill 2001 ROW which is current.I could'nt get a definete answer from my attorney yet.Please can anyone help me?I really appreciate

  • #2
    I did my original Labor application in April 2001 under 245I.But due to company bankruptsy I coudn't proceed with my application process further.Since I grandfathered 245I from April 2001 , Once again I sent a new labor application EB3 ROW in November 2007 with another company,which I got approved this month. Can anyone tell me whether I could apply for I 140 and I 485 concurrently with the priority date of Aprill 2001 ROW which is current.I could'nt get a definete answer from my attorney yet.Please can anyone help me?I really appreciate

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    • #3
      You don't lose your Section 245(i) grandfathered coverage based on your prior Laborcert filed on or before April 30, 2001, as long as you don't leave the US. Obviously you know that.

      But "recapturing" your 2001 priority date for your subsequent PERM filed in November 2007 is a little difficult. Normally this is being allowed if the corresponding Form I-140 has been filed and approved for the previous Laborcert. But some practitioners are trying to do so by filling out that info on the first fields of ETA Form 9089. Check with your lawyer if s/he tried it.

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      • #4
        Thanks a lot for your info, Rough Neighbor..I will surely check with my attorney in this regard and will come back with his responds.

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        • #5
          You're welcome. Enjoy your weekend. I do.

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          • #6
            Hi,

            What is ROW, PERM and ETA?
            Do all the good you can, in all the ways you can, as long as ever you can.

            --John Wesley

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            • #7
              PERM is an internet-based "Program Electronic Review Management" under the DOL which replaced the traditional paper-based Alien Employment Certification process (or Laborcert) since March 28, 2005. The Labor Certification process is the avenue by which a nonimmigrant worker can be petitioned leading up to a green card as long as a US business can prove to the DOL that an extensive recruitment effort has been exerted but no willing, available, able or qualified US worker has been found to fill up the vacant position. ETA or Employment Training Administration is the division under the DOL that handles this process. ROW or Right of Way (just kidding) in relation to this process is an acronym perhaps of the OP's own making.

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              • #8
                Hi RoughN,

                Thanks for those comprehensive replies. And also for explaining it in such a manner that we newbies can understand.
                Do all the good you can, in all the ways you can, as long as ever you can.

                --John Wesley

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                • #9
                  Sorry about the inconvenience.ROW stands for Rest of the world means not Inda,China,Maxico,Philippines or Canada which represent bulk of the labor based applicats.Other than these countris, rest of the countries falls under ROW catogary,when it come to Visa allocations

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                  • #10
                    I was right then. Haha! Because the acronym ROW is not being officially used. The Department of State refers to the REST OF THE WORLD as "All Chargeability Areas Except Those Listed." So the acronym closest to it should be ACA or ACAETL. And by the way, Canada is part of ROW or ACA.

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                    • #11
                      You are definetely right.This could be an abbreviation used, among the members of various forums.

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                      • #12
                        Aha, you have to forgive me then. I'm chatting only on this forum, nowhere else.

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                        • #13
                          Thanks for your unique and valuable contribution to this forum.

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                          • #14
                            Unique! Is that a compliment or a complaint? Anyway, I'll take that as a compliment.

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                            • #15
                              Hi donny123 and RoughN,

                              Thanks again for the info.
                              Do all the good you can, in all the ways you can, as long as ever you can.

                              --John Wesley

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