Atlanta Regional DOL Tracker - Old (Archived on 09/24/2004)

Status
Not open for further replies.
Do I have enough time to get a Green Card?

Folks,
I want to pose this simple question to all you experienced folks out there.
I have about 1 year and 1 month left in my H1B validity. I fall under the Atlanta DOL for labor processing and Dallas INS for 140/485. Can I apply for a green card now and still get it? If i apply now what do I have to do before my H1B expires so that I can continue to stay back here in the US, continue working, and join you patient folks in the long long wait.

Please do advise as I am making decisions whether I need to return to my home country, India, for good as I personally feel I have run out of time.

Thank you,

Hobbes
 
You still got time

I say you still got time if you get your GC - State labor started ASAP. You can apply for an extension of stay in this country based on the time you spent outside (This probably means Month long India trips) USA. This will give you some more breathing time (in addition to the 13 months you currently have). Then if you go with the Premium processing of H1 Extension then you should be able to get your 6th year extension in time to stay back in this country.

What ever you do ....don't waste time. Good Luck.
 
re:hobbes

You have 1 year and 1 month left. In order to stay here and continue working on H1B while waiting for your GC, you need to file LC 365 prior to the 6-year H1B expiration date. So if you have an employer, file using non-RIR immediately to get in time. Meaning, you need to file within the month to meet the >=365 day requirement. Then, you can extend your H1B for the 7th year and 8th year etc. while continuing the road of GC crusade.

Otherwise, if you don't file LC now, or file when the remaining H1B is less than 365 days, you will not qualify for extending H1B for the 7th year. So you have used up H1B for 6 years, then you have to leave US for one year, then come back fresh with another 6-year term of H1B.

Another thing to mention is that if during the 6-year term, you spent some time (say several months) working on international assignment and you were physically now here. This time period can be deducted from 6-year, which gives you a little bit leeway.

Any questions, write back.
 
An important issue to remember here.
According to the latest updates, there are two new interpretations of the law:
1) You have to be in legal status to apply for H-1 extension
2) You cannot apply until your LC petition is 365 days old

When you combine the above two, it means that you have to give your self some breathing room and apply for LC a few weeks BEFORE you enter the 6th year of your H-1. Otherwise say, if you file LC petition on the last day of your 5th year, it means you cannot apply for your H-1 extension until the day after your H-1 runs out, and then you no longer have the legal H-1 status to apply for extension. With unforeseen problems like mailing, legal delays etc., you should not procrastinate on this matter.

For you, it means that you apply right now, without any delay. You can always play games with time spent abroad and yada yada yada, but why take chances? See Murthy.com for the update on the latest interpretations.
 
wrong interpretation

there is some misunderstanding from the previous post.

One qualifies for filing H1B 7th extension as long as a LC was filed 365 days before the 6-year expiration date. You don't have to wait for that LC to become 365 days, then apply for H1B extension. You don't have a problem to file for H1B extension at all.

For example, now is May 2003, H1B 6-year expires on 6/30/2004. You need to file LC before 6/30/2003 in order to qualify for the 7th year extension rule, which requires filing of LC 365 prior to 6/30/2004.

Then you can file for the 7th year extension upto half a year before the expiration date, which means you can extend your H1B on or after 1/1/2004. Hope it clarifies everything.
 
What I wrote is exactly how it is interpreted by William R. Yates, the Acting Associate Director for Operations of the Bureau of Citizenship and Immigration Services (BCIS) on April 24, 2003 as explained below. So there should not be any misunderstanding as to how early you can apply for 7th year extension based on DOJ app. act. Your LC has to have been filed 365 days before you can file for extension. Read on.....

Broader Reach of 21st Century DOJ Appropriations Act

The 21st Century DOJ Appropriations Act amends AC21 to grant H1B status holders extensions beyond the normal six-year limit in cases of lengthy adjudication of either labor certifications or employment-based (EB) immigrant petitions (I-140). Under AC21, eligibility arises when 365 days or more have passed since the filing of both the labor certification and the I-140 petition or of the I-140 petition, alone. The 21st Century DOJ Appropriations Act extended the benefit of being able to file H1B extensions beyond six years to those who merely filed a labor certification that has been pending for 365 days or longer. The Yates Memo provides that, in order for the person to benefit under the labor certification filing requirement, the individual must qualify on or after November 2, 2002.

H1B Extension Only Allowed after LC Pending for Over a Year

The Memo states that the H1B extension petition must have been filed after the 365 day-mark of the filing of the labor certification or I-140 had passed. Otherwise, the foreign national does not qualify for the one-year incremental extensions beyond the 6th year. This is an important clarification. Under this Memo it is not possible to file the H1B petition prior to the 365-day point while asking for approval for a future date, by which the 365-day point will have been reached. Further, Mr. Yates states that the request for the H1B extension of status must establish that the foreign national is in valid H1B status at the time that the H1B petition is filed with the BCIS. If the beneficiary is not in valid H1B status, the extension typically will not be approved. While it is generally well understood that extensions require that the person be in lawful status, the language of the law can certainly be read to allow for petition approval for additional one-year increments, even if the person is no longer eligible for an extension.

Under this disappointing interpretation, a foreign national whose 6th year of H1B eligibility ends five days before his/her labor certification has been pending for 365 days does not appear to qualify for the one-year incremental extension, as the person is unable to show s/he was in H1B status at the time s/he is eligible to file for the new H1B. A person in this situation would need to recapture any time s/he may have available, prior to filing the one-year extension. The law speaks in terms of eliminating the six-year limitation if the stated requirements are met. It also speaks of extensions being allowed in these circumstances. It had been hoped that the BCIS would interpret the law more broadly to allow for H1B petition approval, even if an extension of status in the U.S. was not possible. This would have allowed a person who reached the end of his/her six-year point to depart the U.S. and then return for additional time on H1B once the 365 days were reached.

What this means for MurthyDotCom and MurthyBulletin readers is that it is necessary to file the labor certification or the I-140 petition a month or so before reaching the fifth year in their H1B status. This enables them to file the H1B extension after they have reached the 365-day requirement, without cutting it too close. For example, now if the 365-day point is on the exact day that the I-94 expires, one cannot file the H-1 petition on the 360th day and request a start date at the 365-day point. Under the Yates Memo, it is now necessary to wait until 365 days have elapsed since the filing of the labor certification. If a person waited to file the LC until the last minute, for whatever reason, it could be disastrous given possibilities of human error, computer issues, illness, accidents, weather and overnight mail delivery concerns, etc.
 
This subject is getting out of hand

I think we should try to keep this Form for just Labor Certification related questions. :confused:
 
WOW...for all you folks interested in non Atlanta DOL issues, please do not make attempts to HiJack this forum, EXIT right away and start your own forum....Man, I wish there was someway of deleting the past few posts form this forum.
 
Folks you are the best

First, I am sorry to have put this post in the Atlanta Labor certification thread as it may not belong here. I choose this thread because my LC application was in the same jurisdiction. So any of you felt it was way out of place, my sincerest aplogies.

Second, my heartful thanks to deep23, atl01 and mickey_32 for the great hope-lifting replies. As you may already have guessed, I am actively pursuing LC application opportunites and speaking to the company immigration lawyer about it. So if all goes well I should become a "legitimate" message poster (or postman) on this board.

Enuf said, dont want to hog bandwidth.

Thanx again,
 
thanks

Actually the last few posts are very benefitial. It helps people determine when is the absolute last minute one needs to file LC. Thanks to Mickey_32 to clarify some important issues. Remember "someone's trash might be some other's treasure". You can choose not to read some of the postings, but cannot demand other people not to post, especially when the information is very relevant.
 
Currently US DOL is processing cases they have received from Atlanta Department of Labor in the first week of August 2002.
So a long wait seems to be on the cards, unless something dramatic happens!
 
Last edited by a moderator:
We're 2nd to the worst backlogged regional office. My case was sent to Atlanta around 1/03. I'll have to wait 5 more months considering the pace of processing. :eek: :eek:
 
Quck Question --Got Confused!!!!

My Case was transferred to Atlanta DOL on May 6th 2003.
My Labor Certification Apply Date was Feb 2002 from North Carolina. Now Atlanta is processing August 2002 cases.

Qn 1) Will my Application be considered as current???? Will the priority date of my Atlanta Regional DOL is FEB 2002???

Qn 2) Is my Priority Date is May 2003??? DO I have to wait for another 1 more year to have my Labor certified???? Pls let me know.....

Also while I was talking to the North carolina Labor dept.... they said that my Priority date will be Feb 2002... Is this correct??? Can anyone answer this question Please????

Thanks a lot!!!!!
 
H1Buser2002:

There are two stages in LCA processing

1. State (SESA) - Like North Carolina which was processing your application with a priority date of FEB 2002. Once the state clears the application, it gets queued with a new priority date in Regional center which is Atlanta.

2. Regional (DOL) - Once the application is received from SESA, it gets queued with the receipt date as priority date. In your case, its May 2003.

Right now according to the postings, we know that Atlanta DOL is processing Aug 2002 cases and it depends on the load & speed to reach May 2003 and process your application.

I got a priority date of March 31st 2003 and I'm optimistically thinking it will be 6-7 months from now to reach my application.

Hope this helps.
 
Re: Quck Question --Got Confused!!!!

H1Buser2002,

Your priority date is FEB 2002, that is correct and your application is not current.

Don't get confused. ATL Regional DOL is working on cases rcvd in first week of August 2002. So just sit back and relax. It will take about 8-10 months before your LCA gets approved (given the current pace at which ATL Regional DOL is working).

Have faith and patience. Good Luck.

mhsoor
 
Any information on DOT code 032.262-010

Hi All,
Any information or trend on DOT code 032.262-010 (User Support Analyst).
Anyone heard of any rejects for this code?

Thx

DesiDon777
 
Special Handling

My case was transferred from the Florida office to Atlanta today. Does anybody know whether (Special Handling for University Professors) is treated like RIR or does it get processed any faster? Any thoughts will be greatly appreciated.
 
Status
Not open for further replies.
Top