|
Many are affected by retrogression. For example, if
you are a RN,
you most likely do not have H-1B. And your employer's interest in
sponsoring you is tempered by the idea that your ability to begin work is
put on hold for six years waiting for your priority date to become
current. In most cases, you keep trying to find an employer petitioner
and wait abroad. However...
Surprise!
Under Section 245(i), it is
possible for registered nurses and anyone who has an approved I-140
petition under the EB-1, EB-2, and EB-3 categories to remain in the United
States and adjust status to legal permanent residency.
Application of 245(i) requires that either a Section 204 petition (family
based or professional athlete) or labor certification application was
submitted prior to April 30, 2001.
If you qualify
under Section 245i, you can now work within 90 days! How?
Immediate submission of an application for adjustment
of status is possible via 8 C.F.R. 204.5(e), which allows for retention of
the priority date of the previously submitted petition to be retained.
The priority date for the former petition would be current because it was
filed prior to the retrogressed 2003 date; therefore, it can be used for
filing a new visa petition, even if you are filing for a position with a
new title.
Retention of
section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on
behalf of an alien under sections 203(b)(1), (2), or (3) of the Act
accords the alien the priority date of the approved petition for any
subsequently filed petition for any classification under sections
203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the
event that the alien is the beneficiary of multiple petitions under
sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to
the earliest priority date...
|
