Atlanta Regional DOL Tracker

company received the 750 froms today.
first letter sent out from BPC on Feb 17,
2nd letter sent out on March 3.





bucgator said:
only my company got the letter 14 days ago, and my lawyer got nothing now.
Form 750 should be sent to the lawyer.
we are asked to add some information about the lawyer on 750 froms.
waiting...
 
menonsatishb said:
Tampabelle ... Are you sure that one can change jobs after getting I-140 apprval ? I was under the impression that it was not possible.
Does it require some degree of understanding from the current employer that he won't revoke my I-140 etc ?
Give me more info ... you are giving me some hopes !!!

The provision is called AC 21 Portability.

If ur I-140 has been approved and ur I-485 has been pending for atleast 6 months then a person can switch jobs. There is due care to be taken in keeping the authorities informed, which ur attorney should be able to handle.
 
compiler said:
Are you sure the post 6 years H-1B can be renewed for a period of 3 years rather than additional one-year increments? Have you seen any post 6 years H-1B has been extended for another 3 years? In fact, the post 6 years H-1B can be only extended year by year until the green card is granted.

BTW, how about your resubmission of I-140/I-485 with the LC? Has your I-485 been accepted or only I-140?


Hey I gave u some info on the applicable provisions. Should consult ur attorney for a firm view. I have read it on some lawyer website. So I presume that it is applicable.

As I am still a long way away from both I-140 approval (still waiting for 45-day letter after case got shifted from ATL DOL) and renewal after 6 years, I havent scrutinised it closely.
 
TampaBelle said:
Hey I gave u some info on the applicable provisions. Should consult ur attorney for a firm view. I have read it on some lawyer website. So I presume that it is applicable.

As I am still a long way away from both I-140 approval (still waiting for 45-day letter after case got shifted from ATL DOL) and renewal after 6 years, I havent scrutinised it closely.
Ok, maybe another one has resubmited I-140/I-485 after his I-140/I-485 was returned without LC attached. However, no post 6 year H-1B can be extended for another 3 years but only year by year such as the 7th, 8th, 9th year and so on. That is the law. Good luck.
 
TampaBelle said:
The provision is called AC 21 Portability.

If ur I-140 has been approved and ur I-485 has been pending for atleast 6 months then a person can switch jobs. There is due care to be taken in keeping the authorities informed, which ur attorney should be able to handle.
That is correct after one's I-485 has been pending for more than 180 days with I-140 approved even the employer tries to revoke I-140, as long as the new job will be the same or similar to one's LC job.
 
TampaBelle said:
U can file I140 and I-1485 together if ur LC is approved and the visa number cut off date is after your priority date. Ur priority date is the date on which the LC application was filed (whether under RIR or Traditional).

If u r not eligible for filing the I-485, then u can file for I-140 only and wait for the visa number availability. The date of applying for I-140 has no consequence for filing for I-485 (under certain some circumstances people can file directly for I-140 without any LC approval and in those case the date of filing I-140 becomes the priority date as there is no LC application date)

Also it doesnt matter at what stage of the GC process u r in, whether LC is under consideration or I-140 is filed and pending or I-140 filed and approved but I-485 pending or even I-140 approved and waiting for filing I-485, a person can file for extension of H1 visa beyond 6 years as long as the entire process has been underway for more than one year.


I have L1B visa and my LC PD date is 12/29/2003. My L1B 5 year limit will end in 2006 Feb. Do you know whether it's possible to get an extension of L1B visa beyound 5 years?
Thanks.
 
Rajiv Thanks a lot for telephone conversation

HI Rajiv Khanna,
Thank you so much for lot of information on today tel phone conference, It will be great if you conduct this kind of conference every week atleast for one hour.
So that we will come to know more details about this immigration process.
That way even we can change our lawyers, Thank you,
I got answers to my questions.
Guys who ever missed send him an email that when he is going to do next telephone conference.
He helps everyone.
Thank you,
Kasid
 
they have deleted it

I think they have deleted it, when i checked in the afternoon yesterday they gave information in bold red and even telephone number with access code.
and it was between 1.00-2.15
May be keep checking forums, I will post here if i see another one.
 
Sr100671 said:
I have L1B visa and my LC PD date is 12/29/2003. My L1B 5 year limit will end in 2006 Feb. Do you know whether it's possible to get an extension of L1B visa beyound 5 years?
Thanks.

Sorry bro. I have no idea about the L1 visa.

If u are working under L1 visa, I thought that u come under EB1 category (Multinational Executive or Manager) and you dont need a LC approval. A person straight away applies for I-140 and I-485 (the visa numbers are current for this category as on date). So which stage are you in ???

Only Nebraska is processing I-140s before ur PD date.

There was some discussion sometime back about the benefits of going in for CP vs going in for AOS thru I-485. Maybe u should check that out also.
 
Finally I Got My 45 Day Letter!!!!!!!!

Hey guys,
Today my lawyer got the letter, but with some complications and problems.
I need help from you all if you have expereinced this kind of situation.
They have sent 3 forms with receipt notification letter, correction letter and selection of continuation option letter.
Actually my company moved to new address they tried to cross check and they found that the company is not existing and phone number is not working.
Now my company has moved to new address.
they are asking to produce.This is what in the second letter says.
"Corrections list"
verification of the employer is completed during the initial review of the application. We were unable to verify the employer's existence. In order to continue processing you must submit a copy of employer's articles of incorporation, business licence, state registration or other official documents establish the employer applicant as a bona find business entity.
Failed Existence check: Employer's address does not reference back to employer's name
Failed existence check: Employer's phone number does not reference back to employer's name.

Can you guys help me what are the other documents i should give with this so that they will continue my processing, they have put strictly that even if one document is missing they will reject my application.

Already i have so many tensions of delaying after all this is one more...........
guys i need help
Thank you all in advance.
 
Some info from my lawyer

Hey Guys,

I had a tele-conference with my lawyer today regarding GC status. Here are some things he said. Again I am just passing on info I have received, please use your discretion to accept/reject :)

- He said that he checked on my LCA app (ATL DOL RD July 7 2003). App has not yet been sent over to BPC but will be sent to BPC by the end of this month. He expects to see a 45-day letter between April - July 05.

- His realistic advice was that he expects LC approval between 1-2 yrs from now. He said that with the BPC doing FIFO, older states like NY etc will come first in queue, plus they have not decided if they will treat RIR/non-RIR seperately. He doubts we will hear this year.

- His advice about any options with PERM:
a) Can file PERM, withdraw LCA, keep PD. But new costs and recruiting needed (same cost as a new GC appl to employer). And 4-5 months prep time before filing PERM.

b) Can apply for PERM as a second seperate application, but this will have new PD of 2005. He doesn't think we could move to EB2, since same company - so this option still means EB3 for me.

Currently my company is undergoing a name change, so for my specific situation, he advises to wait until after all changes (2-4 months) to decide/file under PERM.

For now I am not planning to pursue PERM (my company IS willing for the additional costs, but I have to wait till name change is complete). I plan on watching how retrogression and LC approvals move in the next few months.

One thing I didn't know was - he said that if by any chance I am laid off, I can get H1B extensions at the new company based on this LC application pending 365 days, provided my current employer does not withdraw the app. This gives me some safety net as I go through this dreaded wait!

Thought this info may help the forum.
- Dru
 
Thanks, Dru,
It is helpful for me.

dru said:
Hey Guys,

I had a tele-conference with my lawyer today regarding GC status. Here are some things he said. Again I am just passing on info I have received, please use your discretion to accept/reject :)

- He said that he checked on my LCA app (ATL DOL RD July 7 2003). App has not yet been sent over to BPC but will be sent to BPC by the end of this month. He expects to see a 45-day letter between April - July 05.

- His realistic advice was that he expects LC approval between 1-2 yrs from now. He said that with the BPC doing FIFO, older states like NY etc will come first in queue, plus they have not decided if they will treat RIR/non-RIR seperately. He doubts we will hear this year.

- His advice about any options with PERM:
a) Can file PERM, withdraw LCA, keep PD. But new costs and recruiting needed (same cost as a new GC appl to employer). And 4-5 months prep time before filing PERM.

b) Can apply for PERM as a second seperate application, but this will have new PD of 2005. He doesn't think we could move to EB2, since same company - so this option still means EB3 for me.

Currently my company is undergoing a name change, so for my specific situation, he advises to wait until after all changes (2-4 months) to decide/file under PERM.

For now I am not planning to pursue PERM (my company IS willing for the additional costs, but I have to wait till name change is complete). I plan on watching how retrogression and LC approvals move in the next few months.

One thing I didn't know was - he said that if by any chance I am laid off, I can get H1B extensions at the new company based on this LC application pending 365 days, provided my current employer does not withdraw the app. This gives me some safety net as I go through this dreaded wait!

Thought this info may help the forum.
- Dru
 
Thanks dru for your post. This is not an encouraging news... thought..wait for 1-2 years. My company already said they cannot file in PERM for me...unless i push them again.

SG
dru said:
Hey Guys,

I had a tele-conference with my lawyer today regarding GC status. Here are some things he said. Again I am just passing on info I have received, please use your discretion to accept/reject :)

- He said that he checked on my LCA app (ATL DOL RD July 7 2003). App has not yet been sent over to BPC but will be sent to BPC by the end of this month. He expects to see a 45-day letter between April - July 05.

- His realistic advice was that he expects LC approval between 1-2 yrs from now. He said that with the BPC doing FIFO, older states like NY etc will come first in queue, plus they have not decided if they will treat RIR/non-RIR seperately. He doubts we will hear this year.

- His advice about any options with PERM:
a) Can file PERM, withdraw LCA, keep PD. But new costs and recruiting needed (same cost as a new GC appl to employer). And 4-5 months prep time before filing PERM.

b) Can apply for PERM as a second seperate application, but this will have new PD of 2005. He doesn't think we could move to EB2, since same company - so this option still means EB3 for me.

Currently my company is undergoing a name change, so for my specific situation, he advises to wait until after all changes (2-4 months) to decide/file under PERM.

For now I am not planning to pursue PERM (my company IS willing for the additional costs, but I have to wait till name change is complete). I plan on watching how retrogression and LC approvals move in the next few months.

One thing I didn't know was - he said that if by any chance I am laid off, I can get H1B extensions at the new company based on this LC application pending 365 days, provided my current employer does not withdraw the app. This gives me some safety net as I go through this dreaded wait!

Thought this info may help the forum.
- Dru
 
guys
i have heard similar advise from my lawyer too , although he thinks the labor processing in BRC could be quicker ( some of the folks might have gone back home )
but its bad that if u file to cenvert to PERM they want to charge same as a new application
also he strongly discourages chnaging to EB2 if one does not qualify,
i am in a bind and have not asked my employer so far whether they are ready to file new PERM
 
kasid said:
Hey guys,
Today my lawyer got the letter, but with some complications and problems.
I need help from you all if you have expereinced this kind of situation.
They have sent 3 forms with receipt notification letter, correction letter and selection of continuation option letter.
Actually my company moved to new address they tried to cross check and they found that the company is not existing and phone number is not working.
Now my company has moved to new address.
they are asking to produce.This is what in the second letter says.
"Corrections list"
verification of the employer is completed during the initial review of the application. We were unable to verify the employer's existence. In order to continue processing you must submit a copy of employer's articles of incorporation, business licence, state registration or other official documents establish the employer applicant as a bona find business entity.
Failed Existence check: Employer's address does not reference back to employer's name
Failed existence check: Employer's phone number does not reference back to employer's name.

Can you guys help me what are the other documents i should give with this so that they will continue my processing, they have put strictly that even if one document is missing they will reject my application.

Already i have so many tensions of delaying after all this is one more...........
guys i need help
Thank you all in advance.
Where did the letter come, the BEC or Atlanta Region? Just provide the required evidence.
 
From

I got this from PHIL, My advocate got it but my employer did not get it because they moved to different location.That is the reason they are asking for evidence and documentation of the company.
Can you guys suggest me what all other documents they might need other than the above.( i have listed in my previous posting)
I am little bit worried because they have mentioned even one document is missing they will close the case.
 
Has Philly approved any case

Hi all,
My PD is Nov 2002 and RD is June 02 2003 and my lawer told me that my case has been transferred to Philly, did philly had started approving any cases yet if so to reach 2003 or 2004, do you guys have any idea how long it might take to get approved , guys i need an advise from you at my present company i don't see much of future here.. :confused: and lot of uncertanity regarding the LC approvals and all i mean how long it might take.. is it worth for the wait or take it all ease and start applying back home(as my 6 year period ends this year) and move back or apply for perm with a new company as i have very limited time iam totally confused at this pont, any advise on this is greatly appreciated.

Regards
avala.
 
kasid said:
I got this from PHIL, My advocate got it but my employer did not get it because they moved to different location.That is the reason they are asking for evidence and documentation of the company.
Can you guys suggest me what all other documents they might need other than the above.( i have listed in my previous posting)
I am little bit worried because they have mentioned even one document is missing they will close the case.
Always provide what is exactly required. Do not add more or less. That’s it.
 
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