anyone filed for Labor in March (not Perm)

[Harry04]

Hi,

My case was submitted from Philly ( P for Philly right? )

P-05203-XXXXX is my number.

My attorney says that my labor might be approved by September 2007 Huh...does it take that long ?

Nothing much can be done apart from crossing my fingers and keep waiting !!

Mamtha

Your case went to Philly Backlog Elimination Center (BEC) but from which state was it initially filed? September 2007 is the declared deadline for closing the BEC's, and probably that's why your attorney said your LC might be approved by that deadline. Not an encouraging sign but good reply for attorney so you will not be too hopeful and bother him with enquiries for status again and again.

H.

 

[mamtha]

Your case went to Philly Backlog Elimination Center (BEC) but from which state was it initially filed? September 2007 is the declared deadline for closing the BEC's, and probably that's why your attorney said your LC might be approved by that deadline. Not an encouraging sign but good reply for attorney so you will not be too hopeful and bother him with enquiries for status again and again.

H.

I guess my case is filed out of NY. I will find that out from my attorney on Monday and will let u know. Hmm....quite a clever answer from my attorney so that I dont bother him until Sept ... huh !!

Thanks,
Mamtha

 

[abzy2004]

If any attorney can accurately predict your date of approval, then please let me know his/her address! Problem is unlike any other case processing, neither of the BECs is following any order or posting any progress report. There are few brave and hardworking souls who are trying to plot the pace of the work, like #of cases per week, but that's about it. It's just a miracle that BEC have set forth the deadline of September 30, 2007, which is still self-regulated.

 

[Harry04]

If any attorney can accurately predict your date of approval, then please let me know his/her address! Problem is unlike any other case processing, neither of the BECs is following any order or posting any progress report. There are few brave and hardworking souls who are trying to plot the pace of the work, like #of cases per week, but that's about it. It's just a miracle that BEC have set forth the deadline of September 30, 2007, which is still self-regulated.

I don't know about miracles but if you want to know more about Sep 30, 2007 as being some kind of deadline, search this site or Murthy's. I am sure my memory serves me right on this.

H.

 

[abzy2004]

I know about Sep 30, 2007 deadline. It's on BEC's website. I am just saying that it's a self-imposed deadline, which hopefully, does not move like in the past.

 

[Harry04]

I know about Sep 30, 2007 deadline. It's on BEC's website. I am just saying that it's a self-imposed deadline, which hopefully, does not move like in the past.

I did not mean that deadline cannot be moved. The fact is this deadline (like any other) represents a target.

Let us all pray together that this deadline is not moved again.
H.

 

[mamtha]

Hey Guys,

I jst noticed online...tht the status of my Labor shows "Certified".
God....am sooo glad....!!
I have jst sent an email to the attorney regarding the same !!

Pls advice on what would be the next step in the process.

Thanks soo much for your help !!!

Mamtha

 

[bindyaprasad]

Labor

Hi Guys,

I have applied for labor on March 22nd 2005 from Nebraska State. After reading some of the massages posted here looks like most of the people who applied around march 22nd 2005 got their labor certified. Can some one please tell me approximately how long you think it is going to take.

thanks Guys,

 

[Harry04]

Hey Guys,

I jst noticed online...tht the status of my Labor shows "Certified".
God....am sooo glad....!!
I have jst sent an email to the attorney regarding the same !!

Pls advice on what would be the next step in the process.

Thanks soo much for your help !!!

Mamtha

Congrats. Now ask attorney to file for I140.
H.

 

[Harry04]

Hi Guys,

I have applied for labor on March 22nd 2005 from Nebraska State. After reading some of the massages posted here looks like most of the people who applied around march 22nd 2005 got their labor certified. Can some one please tell me approximately how long you think it is going to take.

thanks Guys,

Which Backlong Center did your case go to? Read previous mails on this thread reg. ETAs. I dare not say more.

H.

 

[mamtha]

Hi Harry,

Thanks for your wishes. I have asked my attorney for my I-140 details.

Btw, I have a question. My husband is also on H1-B visa and his 6 yr visa is going to be completed on Aug'2008. My 6 yr will be done in Jan'2009.

My husband did not file for his labor. It was only me who has filed.
Y'day he got a full time offer with his company (end client). The company says that they will file his visa in 2 or 3 months. But in tht case after Aug'2008 what will be his status? As per my knowledge I feel he definetely needs to have filed for labor and get it approved to get atleast 1 yr extension and if I-140 gets approved he can get 3 yr extension. But since he did not file for his labor what would be the best approach ?

Do you think if I apply for extension will he get one on my labor?
Is there any way where he can accept the full time position and still get extensions on his H1 until my GC gets approved?

Your advice will be greatly appreciated.

Thanks a bunch !

Mamtha

 

[abzy2004]

Hi Harry,

Thanks for your wishes. I have asked my attorney for my I-140 details.

Btw, I have a question. My husband is also on H1-B visa and his 6 yr visa is going to be completed on Aug'2008. My 6 yr will be done in Jan'2009.

My husband did not file for his labor. It was only me who has filed.
Y'day he got a full time offer with his company (end client). The company says that they will file his visa in 2 or 3 months. But in tht case after Aug'2008 what will be his status? As per my knowledge I feel he definetely needs to have filed for labor and get it approved to get atleast 1 yr extension and if I-140 gets approved he can get 3 yr extension. But since he did not file for his labor what would be the best approach ?

Do you think if I apply for extension will he get one on my labor?
Is there any way where he can accept the full time position and still get extensions on his H1 until my GC gets approved?

Your advice will be greatly appreciated.

Thanks a bunch !

Mamtha

Mamtha, you are right about this. Your husband can extend H1 beyond 6th year only if HIS labor had been pending for more than 1 year or if HIS I-140 was approved but he could not apply for I-485.
Only if you are able to file I-485 before August'08 then he can get an EAD based on that, otherwise, he's out of status. Whether you can file I-485 before then is anybody's guess given the retrogression and legislation in US Congress.

 

[another_fella]

I jst noticed online...tht the status of my Labor shows "Certified".
God....am sooo glad....!!
I have jst sent an email to the attorney regarding the same !!

Pls advice on what would be the next step in the process.

Get your experience letters lined up, so you can file the 140 as soon as your lawyer/company receives the approved labor.

My husband is also on H1-B visa and his 6 yr visa is going to be completed on Aug'2008. My 6 yr will be done in Jan'2009.

My husband did not file for his labor. It was only me who has filed.
Y'day he got a full time offer with his company (end client). The company says that they will file his visa in 2 or 3 months. But in tht case after Aug'2008 what will be his status? As per my knowledge I feel he definetely needs to have filed for labor and get it approved to get atleast 1 yr extension and if I-140 gets approved he can get 3 yr extension. But since he did not file for his labor what would be the best approach ?

Do you think if I apply for extension will he get one on my labor?
Is there any way where he can accept the full time position and still get extensions on his H1 until my GC gets approved?

Your advice will be greatly appreciated.

Thanks a bunch !

Mamtha

Your labor/140 is only good for your own H1 extension beyond your 6 year limit. Your husband's H1 can't be extended beyond 6 years using your labor/140, instead he can get only H4 status based on your H1. If your husband intends to work beyond his H1-6 years, ie while waiting to file 485/EAD based on your GC application, then he better get his Labor filed ASAP. Because only if he has a pending/approved labor/140, then he gets H1 extension beyond his 6 year limit.

If he is going to change job, then you have plan on getting his Labor & 140 (preferably) approved before his 6 year limit. I say 140, because with approved 140 there is no 365 day rule, else if it is only his labor that has been pending/approved but didn't pass the waiting for 365 days rule, then he won't get H1 extension beyond 6 years.

I suggest that you browse through the discussion boards, so you will get to know the rules on the H1 extension beyond 6 years.


Good luck!

 

[mamtha]

Hi Guyz,

Thanks a lot for your replies. I think the best bet for my husband would be to file for his Labor and get it approved by Aug'2007.
Also, now that my labor is approved and if I file for my I-140 in a week or two, when do you think(approx date) would I be able to file for I-485 and get into EAD status?

Thanks for your help.

Mamtha

 

[abzy2004]

Hi Guyz,

Thanks a lot for your replies. I think the best bet for my husband would be to file for his Labor and get it approved by Aug'2007.
Also, now that my labor is approved and if I file for my I-140 in a week or two, when do you think(approx date) would I be able to file for I-485 and get into EAD status?

Thanks for your help.

Mamtha

That depends on country of birth for you and your husband, category (EB2/EB3) and your priority date. If you are not aware of I-485 procedure, retrogression, etc., issues then you may want to read this and other websites, but in short, I-485 applications are based on per-birth-country-per-category quota on basis of priority dates. Countries like India, China, who have more number of immigrants to US suffer badly due to this annual quota and therefore are subjected to retrogression. A monthly Visa Bulletin published by USCIS informs the cut-off priority date based on that matrix.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
tells that for Indian-born applicants, for EB2, priority date has to be on or before Jan 08,2003; for EB3, it's May 08, 2001.

 

[mamtha]

That depends on country of birth for you and your husband, category (EB2/EB3) and your priority date. If you are not aware of I-485 procedure, retrogression, etc., issues then you may want to read this and other websites, but in short, I-485 applications are based on per-birth-country-per-category quota on basis of priority dates. Countries like India, China, who have more number of immigrants to US suffer badly due to this annual quota and therefore are subjected to retrogression. A monthly Visa Bulletin published by USCIS informs the cut-off priority date based on that matrix.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
tells that for Indian-born applicants, for EB2, priority date has to be on or before Jan 08,2003; for EB3, it's May 08, 2001.

Hmm....looks like now am understanding more about this GC processing. I have been going through thru the forums for quite some time, but was not able to understand it completely.
Basically me and my husband are from India and on EB2. My Priority date is March 2005, so guess it will take 2 yrs atleast to file for EAD .... long time right ?? Huh....hope US govt will move things fast.... I know tht GC takes a long time...but was never aware of the dates.

Thanks a lot for all the insight you have given me.

Mamtha

 

[abzy2004]

You are welcome.. just to add to the misery, the dates don't move one-to-one and can actually go back. For past several months (2 to 3), EB2 dates have remained same or within same range. With BEC cranking approvals with older priority dates, progress of this date is expected to stall, with a possibility of it retrogressing (moving back).

 

[mamtha]

You are welcome.. just to add to the misery, the dates don't move one-to-one and can actually go back. For past several months (2 to 3), EB2 dates have remained same or within same range. With BEC cranking approvals with older priority dates, progress of this date is expected to stall, with a possibility of it retrogressing (moving back).

Huh...thtz really sad hope things move forward, I will cross all my fingers !!!

Btw, I jst got a copy of my labor approval from my attorney. They sent me only the first page of ETA A and last page of ETA B.
They say thtz how they received the approval.
Huh...they also say tht DOL misplaced the papers. I am confused.



Mamtha

 

[Harry04]

Labor certified

Today I discovered that the status of my case changed from IN PROCESS to CERTIFIED. It was with Philly BEC. Thank God.

Good luck everyone. See you in I140 discussion forum

H.
------------------------------
PD:March 26, 2005
VA
45 day letter: 6/3/2006

 

[mamtha]

Today I discovered that the status of my case changed from IN PROCESS to CERTIFIED. It was with Philly BEC. Thank God.

Good luck everyone. See you in I140 discussion forum

H.
------------------------------
PD:March 26, 2005
VA
45 day letter: 6/3/2006

Congrats !!
Have Fun !!

Mamtha