hopeless "other workers"

[kristof]

Can anyone advice me in my case?!I graduate with BA from US University, and during my OPT My employer decide to sponsor me. I hired a lawyer, got Labor Cert approved, I-140 approved, priroty date 01-06-06. The problem is I never realesed that I wasnt EB3, but EB3 "other workers". My lawyer told me that at the time off filing this category was current, but now is 5 years waiting time. My wife is finishing her OPT in MAy 12th next year and our lawyer saying that we will better off going back and wait in our country of orgin( with our 5 years old boy USC).
IS there a sens of starting the proces all over again in EB3 category and how long is that will take?
Thank you all for your time.

[kristof]

Can anyone advice me in my case?!I graduate with BA from US University, and during my OPT My employer decide to sponsor me. I hired a lawyer, got Labor Cert approved, I-140 approved, priroty date 01-06-06. The problem is I never realesed that I wasnt EB3, but EB3 "other workers". My lawyer told me that at the time off filing this category was current, but now is 5 years waiting time. My wife is finishing her OPT in MAy 12th next year and our lawyer saying that we will better off going back and wait in our country of orgin( with our 5 years old boy USC).
IS there a sens of starting the proces all over again in EB3 category and how long is that will take?
Thank you all for your time.

[Rough Neighbor]

Instead of starting the PERM process on your behalf all over again, why don't you have your wife do it? She doesn't have to go home thereby avoiding the pain of long separation. She should be petitioned under "Skilled Worker" category in the minimum though (requiring at least two years of education or training). Had you been petitioned under it, you could have filed EB AOS for both of you within the recent July 1 - August 17 window. One of you must change status to H-1B come April 2008 to somehow "bridge" your nonimmigrant status. Very important: keep an eye on your status maintenance and working with authorization, otherwise your PERM time investments will be in vain at the end. (Alien beneficiaries are no longer allowed to spend for PERM, only the petitioner, beginning July 16, 2007). Just keep your relationship with your PERM/I-140 petitioner though. I mean, keep your I-140 valid as a fall back option. You're quite optimistic with the five-year time line. The EB-3 Other Worker category has been hovering between "U"navailable and 01OCT01 since December 2006.

[kristof]

Thank you!
I couldnt AOS in July because "other workers" was U as the only category. We maintein our legal status since 2002 and we will never overstayed our visas. My wife works for non profit organization which is trying to get her H1B, and then sponsor her in EB2 category. but until then I am not allowed to work...
Alien beneficiaries are no longer allowed to spend for PERM, only the petitioner, beginning July 16, 2007-Could you tell me more about that?
And this is quote from my lawyer 12/17/06-If everything stays as it is (note: this has never happened in immigration) you will have a couple years. But I do not think this will happen. I really cannot give you anything that you can rely on. I cannot give you dates, and I do not want to give you an estimate. But you want something to go by, so I have provided it. But I cannot emphasize enough that this is probably totally inaccurate. Do not think it will be a couple years!

Really, asking for time periods in immigration is a mistake!

[Rough Neighbor]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kristof:
... Alien beneficiaries are no longer allowed to spend for PERM, only the petitioner, beginning July 16, 2007-Could you tell me more about that? ....
</div></BLOCKQUOTE>

That's in this DOL/ETA's final rule dated May 17, 2007 that took effect July 16, 2007. A big file, but just look at the SUMMARY: on the left side of the page next to the cover.