Effect of backlog reduction/PERM/updated rules on new LC

Any Latest News On Backlog Reduction Centers???

Can anyone tell me what is the latest news on the backlog reduction centers? I have my LCA filed from Michigan in January 2003 in Regualr EB3 category.
Any idea as to how they are going to process the applications? i.e. whether they will clear the backlog for a state and go to the next or they will process the applications priority date wise irrespective of a state.
 
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Question regarding the new 6 year h1 cycle.

Hi,

I had a question regarding the new 6 year H1 cycle after the first h1 6 year cycle has expired. In this thread it was mentioned before that you can have new h1 6 year cycle one year after the first 6 years have expired. Now my question is this:

1. Instead of going out of the country, can I change my visa status( i.e. change my visa status from H1 to F1(by becoming a student in US) and hence be able to stay within US for that 1 year interval? Maybe for getting the visa changed from H1 to F1, I would have to go out of the country (I think) but what if I just get the I-20 from a school (by getting admission) and just stay in the US although in my passport I have an expired H1 visa stamp and no F-1 visa stamp. That way I would not have to go out of the country at all in this 1 year period.

2. Also, if I do necessarily have to go out of US for that 1 year, do I necessarily have to go out of US back to my home country(INDIA) or can I go somewhere else also? For example if I had a tourist visa to Canada for that 1 year period, could I stay in Canada for that time and then come back.

Any inputs on these two points will be greatly appreciated!
 
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Hi

>1. Instead of going out of the country, can I change my visa status( i.e. >change my visa status from H1 to F1(by becoming a student in US) and >hence be able to stay within US for that 1 year interval? Maybe for getting >the visa changed from H1 to F1, I would have to go out of the country (I >think) but what if I just get the I-20 from a school (by getting admission) >and just stay in the US although in my passport I have an expired H1 visa >stamp and no F-1 visa stamp. That way I would not have to go out of the >country at all in this 1 year period.

I don't think you can do this. You have to go out of the country and STAY there for at least one year all together or cumulative.

>2. Also, if I do necessarily have to go out of US for that 1 year, do I >necessarily have to go out of US back to my home country(INDIA) or can >I go somewhere else also? For example if I had a tourist visa to Canada >for that 1 year period, could I stay in Canada for that time and then come >back.

This is one of my questions as well. But how can you stay in Canada for a one year period. You can be a tourist only for six months in one time. If you have a Canadian Permanent Residency then you can do that I think. Any one else knows about this?
 
Another confused soul gets into this mess:)

Personally I find it hard to believe there'll be two different kind of processing centers (NPC and BEC) with a massive difference in processing times. Who knows that come January 2005, and we wont hear anything at all like we did for PERM for the past two years.

Anybody know of a reliable source which says NPC's are going to process faster than BEC's?
 
Hi

no reliable source regarding NPC or BEC. I don't even know what PERM final version is going to look like.

Anwar
 
H1 time

yes, your H1 cycle will get reset once you are out of the country (US) for more than a year.
 
gy75 .. you have 6 years of H1b for every time you are counted towards the H1b quota. If you go out of the US for 1 year and apply for H1b again, you will be counted towards that year's quota and hence will have another 3+3 years of H1b.

Same applies to H4. If your spouse has been on H1, then on H4, he/she does not count towards the quota if she converts back to H1 in the same 6 year period. If he/she leaves the country for 1 year, then he/she gets the same 3+3 years of H1/H4 visa again.

Ofcouse, waiting time on LC/140/485 for 1 year allows you to renew your H1/H4 as many years as needed (as long as the waiting app is not rejected). However, in that extension period, you dependent can not change from H4 to H1b (I could be wrong here).

Hope that helps ..
- Ooz
 
Dumb question

Hi all!

I'm a newbie and I just learned abt the NPC and BEC. My RIR case was filed in april 2001 in Dallas and remanded to NON-RIR in Sept 2003 to SWA. I've not heard from SWA since then.

Now, Just wondering what will happen to the case?

Will it go to BEC or NPC?

Whether it is BEC or NPC, Will Dallas cases in Dallas-BEC get local preferenial treatment considering the slowest processing time?

I read the posts it confuses me more :)

Pls let me know!
 
How would PERM be tough

Hi,

Everybody seems to be too worried about PERM being implemented. Well, my lawyer and other people around me were kinda praying that PERM be implemented soon. So maybe we don't know enough.

Could some one please point out how "exactly" PERM is going to be tougher ?

Thanks in advance.

Sonu
 
Please help

Labour Filed in RIR in California 08/2001
Transferred to Federal 08/2002
Remanded To State on 06/2003

Sitting in Regular queue since then

Questions:
a). When my case goes back to federal from SWA will i retain my old RD
OR i will get a new RD?

b). Now with the new regulations that the cases will get processed
based on RD, if i get a new RD then dont i have to wait much longer
because i will get a later date?

c). I beleive i will retain my PD. Is that correct?

Thanks
Sathyan
 
I-140 ,485

Hi Everybody,

State Labour applied on July 8th 2004
Cleared in Oct First week and sent to Federal on Oct 12th 2004

Here My question is with the New rules like PERM and BECs will I can be able to Apply for I-140 ,485 ,EAD,AP?

Does I-140 also requires any RIR or Non RIR before applying I-140,Sorry Iam new to this Labour application process

My H1 B Expires on Apr 2007.

I greatly appreciate for your response
 
Hi All,

My H1 b exprires in Mar 2006 , In that mean while,at the end of year 2005
Can I apply H1 for my Spouse(who is in H4 now) and convert My H1 to H4 visa as dependant to my Spouse.

So that we can stay in this country without leaving USA for 1 year when My
H1 gets expires.

Pls give your valuale opinions on this
Thanks
Raj
 
SaiRaj said:
Hi All,

My H1 b exprires in Mar 2006 , In that mean while,at the end of year 2005
Can I apply H1 for my Spouse(who is in H4 now) and convert My H1 to H4 visa as dependant to my Spouse.

So that we can stay in this country without leaving USA for 1 year when My
H1 gets expires.

Pls give your valuale opinions on this
Thanks
Raj
Click to expand...

the total of stay of any cobination of h1 and h4 should be 6 yrs. this means that the scenario that u described can't work. sory for that man. the best way is to apply for green card 1 yr before ur h1 expires.
 
SaiRaj said:
Hi All,

My H1 b exprires in Mar 2006 , In that mean while,at the end of year 2005
Can I apply H1 for my Spouse(who is in H4 now) and convert My H1 to H4 visa as dependant to my Spouse.

So that we can stay in this country without leaving USA for 1 year when My
H1 gets expires.

Pls give your valuale opinions on this
Thanks
Raj
Click to expand...

The 6 year limit include H-1 + H-4 stay, so you can't convert to H-4. If your labour is pending for 365 days before your H-1 expire, you can extend your H-1 beyond 6 years.
 
I-140

Hi all,

Good to see Sai raj Updates,

Can anyone suggest my Issue aslo ,It will be greatful

State Labour applied on July 8th 2004
Cleared in Oct First week and sent to Federal on Oct 12th 2004

Here My question is with the New rules like PERM and BECs will I can be able to Apply for I-140 ,485 ,EAD,AP?

Does I-140 also requires any RIR or Non RIR before applying I-140,Sorry Iam new to this Labour application process

My H1 B Expires on Apr 2007.

Thanks
Srini
 
PERM is almost dead.

REFORMING FOREIGN LABOR PROGRAMS
In addition to preparing U.S. workers for jobs, the Administration is committed to ensuring a labor supply for employers when no American worker is available and willing to take a job. On January 7, 2004, the President outlined his proposal to establish a new temporary worker program and significantly reform the current immigration system. To support this proposal, the Administration will develop a quick and simple system for employers to search for American workers by building upon an improved America’s Job Bank (AJB), and otherwise facilitate the implementation of this program. (For additional information on the President’s proposal, see www.whitehouse.gov.)

In addition, the Administration is streamlining its permanent labor certification program to help employers who cannot find domestic workers to fill specialized needs. Currently, applicants wait up to six years for permanent worker certifications. This has contributed to a backlog that now stands at over 300,000. The new process will help applicants by preventing backlogs while strengthening anti-fraud protections. DOL also is moving to eliminate significant backlogs in employer applications filed under the old process. The Budget proposes new permanent program application fee, which would finance the cost of processing new applications and partially support backlog reduction in State and regional offices.
 
Labour

Hi,

what happens to those whose federal labour gets cleared in Jan 2005 ,

will they can apply for I-485,EAD,AP,If not, when they will be able to apply these?,Imagine if their Visa gets Expires in 2007 April

If They are not eligible for I-485,and didn't get I-140 approved or Processing still and Visa gets Expired ,wht wld be the option for them.do they have to leave this country for 1year?

Any comments ?

Srini
 
You can apply your I140/485/AP after your federal labor approval. Ofcourse assuming the Visa numbers are still current at that time. As of now they are speculations that EB3 visa numbers will retrogress.

Hope this answers your question.

-------------------------------------
Not a lawyer. Just my opinion.

TulaSrini said:
Hi Everybody,

State Labour applied on July 8th 2004
Cleared in Oct First week and sent to Federal on Oct 12th 2004

Here My question is with the New rules like PERM and BECs will I can be able to Apply for I-140 ,485 ,EAD,AP?

Does I-140 also requires any RIR or Non RIR before applying I-140,Sorry Iam new to this Labour application process

My H1 B Expires on Apr 2007.

I greatly appreciate for your response
Click to expand...
 
On the contrary it seems to indicate the PERM is coming into play...

with proposed fee for LCs as well along with probably rigid controls.


richshi said:
REFORMING FOREIGN LABOR PROGRAMS
In addition to preparing U.S. workers for jobs, the Administration is committed to ensuring a labor supply for employers when no American worker is available and willing to take a job. On January 7, 2004, the President outlined his proposal to establish a new temporary worker program and significantly reform the current immigration system. To support this proposal, the Administration will develop a quick and simple system for employers to search for American workers by building upon an improved America’s Job Bank (AJB), and otherwise facilitate the implementation of this program. (For additional information on the President’s proposal, see www.whitehouse.gov.)

In addition, the Administration is streamlining its permanent labor certification program to help employers who cannot find domestic workers to fill specialized needs. Currently, applicants wait up to six years for permanent worker certifications. This has contributed to a backlog that now stands at over 300,000. The new process will help applicants by preventing backlogs while strengthening anti-fraud protections. DOL also is moving to eliminate significant backlogs in employer applications filed under the old process. The Budget proposes new permanent program application fee, which would finance the cost of processing new applications and partially support backlog reduction in State and regional offices.
Click to expand...
 
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