BEC Priority Date Tracker

JustWatching and other gurus,

Recently I came across an INS guidance where PD from old employer's LC can be used if 140 was approved as well. This was also discussed in one of the other forum here. Here is the link: http://www.murthy.com/print/UDinsigs_P.html

Do you guys have further details on this? Here is the scenario as an example:

I have a NON-RIR LC waiting with PBEC which I am hoping will get approved sometime next year. Then if I apply for 140 and get it approved. In the meantime I get another employer to process case under PERM and get 140 approved.

So,
1) I have approved Regular LC + approved 140 from employer 1 (As soon as this happens, I change employers)
2) I have approved PERM LC + approved 140 from employer 2

Now, when I file 485, I can use employer 1's LC PD even though the case now is being filed by employer 2.

In doing this, is there any dependency in terms of employer 1 canceling LC/reusing LC for someone else/canceling 140 etc.??? What other problems would make this not work?

Please advise.
 
FIFO Process - BECs Explanation

I hope Murthy's Tomorrow's bulletin will have the details.

From JW tracker, Can we conclude at least it's following FIFO based on 45days letter reply?

sarathynp said:
Posted today in www.aila.org
I do not have access.. can anybody help?
Thanks
Click to expand...
 
I am in a similar situation. I have an approved I-140 petition from my previous employer with a priority date of 3/2001. Now, I am waiting for my LC to be approved (my new priority date is 6/2003 and I’m a Regular case, so it will take a while).
I talked with my attorney and she said I could use the earliest priority date, provided the first I-140 was not withdrawn.
However, you should check with your attorney.

Good luck.
 
roddy,

Thanks for the reply. From what I have read, 140 belongs to the employee and can't be withdrawn unless there was a fraud. Can you please explain what do you mean by 'not withdrawn'?


roddy said:
I am in a similar situation. I have an approved I-140 petition from my previous employer with a priority date of 3/2001. Now, I am waiting for my LC to be approved (my new priority date is 6/2003 and I’m a Regular case, so it will take a while).
I talked with my attorney and she said I could use the earliest priority date, provided the first I-140 was not withdrawn.
However, you should check with your attorney.

Good luck.
Click to expand...
 
Bill S.1932 was passed by Senate today

SEC. 8001. RECAPTURE OF UNUSED VISA NUMBERS.

(a) Recapture of Unused Employment-Based Immigrant Visas- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended--

(1) in paragraph (2)(C)--

(A) by striking `is the difference' and inserting `is the sum of--

`(i) the difference'; and

(B) by striking the period at the end and inserting the following: `; and

`(ii) the lesser of--

`(I) the number of immigrant visas that were available in any previous fiscal year to employment-based immigrants (and their family members accompanying or following to join under section 203(d)) and that were not issued for that fiscal year or for any subsequent fiscal year, excluding those immigrant visas reserved for employment-based immigrants for an occupation listed in schedule A of section 656.5 of title 20, Code of Federal Regulations; and

`(II) 90,000.'; and

(2) by adding at the end the following:

`(3) Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).'.

(b) Supplemental Petition Fee- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--

(1) in subparagraph (E), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'; and

(2) in subparagraph (F), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'.

(c) Adjustment of Status-

(1) IN GENERAL- Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended to read as follows:

`(a)(1) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or Attorney General, and under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

`(A) the alien makes an application for such adjustment;

`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

`(C) an immigrant visa is immediately available to the alien at the time the application is filed.

`(2) If a supplemental petition fee is paid for any petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) of this subsection on behalf of an alien beneficiary of such petition (including a spouse or child who is accompanying or following to join the principal beneficiary) may be filed without regard to the limitation set forth in paragraph (1)(C). An application for adjustment of status filed under this paragraph may not be approved until such time as an immigrant visa becomes available.'.

(2) PENDING APPLICATIONS- An alien on whose behalf a petition was pending under subparagraph (E) or (F) of section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), on the date of enactment of this Act may, upon the payment of the supplemental petition fee set forth in such section, apply for adjustment of status under this subsection without regard to the limitation set forth in section 245(a)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1255(a)(1)(C)), as amended by paragraph (1).

(d) Recapture of Unused H-1B Visa Numbers- Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--

(1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and

(2) by inserting after paragraph (8) the following:

`(9)(A) If the numerical limitation in paragraph (1)(A) for fiscal year 2006 or a subsequent fiscal year has been reached, such numerical limitation shall be supplemented in a number equal to the lesser of--

`(i) the cumulative total number of visas that were available in all prior fiscal years subsequent to fiscal year 1991, and not issued for each such fiscal year or any subsequent fiscal year; and

`(ii) 30,000.

`(B) Any petition filed after the numerical limitation set forth in paragraph (1)(A) has been reached for that fiscal year, and seeking an H-1B visa number recaptured under subparagraph (A) of this paragraph, shall be accompanied by an H-1B recapture fee in the amount of $500.'.

(e) Conforming Amendment- Section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) is amended by inserting `, including those fees provided for in subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214,' after `all adjudication fees'.

(f) Expenditure Limitation- Amounts collected under subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214 of the Immigration and Nationality Act, as amended by this Act, may not be expended unless specifically appropriated by an Act of Congress.

SEC. 8002. FEES WITH RESPECT TO IMMIGRATION SERVICES FOR INTRACOMPANY TRANSFEREES.

Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:

`(15)(A) The Secretary of State shall impose a fee on an employer when an alien files an application abroad for a visa authorizing initial admission to the United States as a nonimmigrant described in section 101(a)(15)(L) in order to be employed by the employer, if the alien is covered under a blanket petition described in paragraph (2)(A).

`(B) The Secretary of Homeland Security shall impose a fee on an employer filing a petition under paragraph (1) initially to grant an alien nonimmigrant status described in section 101(a)(15)(L) or to extend for the first time the stay of an alien having such status.

`(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $750.

`(D) The fees imposed under subparagraphs (A) and (B) shall only apply to principal aliens and not to spouses or children who are accompanying or following to join such principal aliens.

`(E)(i) An employer may not require an alien who is the beneficiary of the visa or petition for which a fee is imposed under this paragraph to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.

`(ii) Section 274A(g)(2) shall apply to a violation of clause (i) in the same manner as it applies to a violation of section 274A(g)(1).'.
Calendar No. 274

SOURCE:
http://thomas.loc.gov/cgi-bin/query/z?c109:S.1932:
 
fastergcwanted,

Here's the email that I got from my attorney in reposnse to my questions:

"Yes, this is actually true. However, most employers will withdraw the previous I-140 and/or used the underlying approved labor certification for another foreign national. Given this scenario, you would not retain your original priority date since you have no basis for the approved I-140.

If they have not used or withdrawn the approved I-140, then yes, you can use that priority date. However, this doesn't really help you until the current pending labor certification is approved."
 
Updated Tracker

Srawal – added (CERTIFIED)
Lfgc – updated
Amitpan007 – added
Rahulp1 – already in tracker
N76 – added
wantGCfast – added
________________________
DIRECTIONS: PLEASE JUST POST YOUR UPDATES. I WILL UPDATE THE TRACKER. I AM STILL CAPTURING STUFF FROM OTHER FORUMS SO IT IS HARDER TO KEEP VERSION CONTROL IF OTHER PEOPLE UPDATE THE TRACKER DIRECTLY

- WHEN POSTING UPDATES, PLEASE INCLUDE INFO YOU MAY HAVE:

STATE SWA
EB2 or EB3
RIR or Regular
PD - Priority date
RD - Regional receipt date - if you didn't get to Regional, say "NO TRANSFER"
Regional DOL
New BEC Case no. - please provide all but last 3 numbers
45-day letter Date received
IF YOU ARE GOING TO POST YOUR SCREENSHOT, PLEASE DON'T FORGET TO POST STATE AND REGIONAL RD

THANK YOU FOR TAKING CARE OF THE TRACKER
 
Bill S.1932

Senate Defeats Attempt to Eliminate H-1B, Backlog Relief from Budget Reconciliation Bill
Cite as "AILA InfoNet Doc. No. 05110340 (posted Nov. 3, 2005)"


As background, the Senate Judiciary Committee, as part of the budget reconciliation process, held a markup on October 20 of a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs in exchange for increased fees on some petitions. Although it was vehemently opposed by some Members of the Committee, the proposal ultimately passed out of Committee by a strong 14-2 vote. The final package would:

*Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.

*Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year.

*Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas.

*Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)

*Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of an amendment by Senator Feinstein, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)

*Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.

*Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)

During floor debate on the Senate’s overall reconciliation package (S. 1932), Senator Byrd offered an amendment to remove from the final package the H-1B and immigrant visa retrogression provisions passed by the Senate Judiciary Committee and replace them with a provision that mirrored the House’s version, which simply imposes a $1,500 fee increase on L visas. That amendment was rejected by an overwhelming vote of 85-14. (See how your Senators voted here). This is a tremendous victory for immigrants. The Senate ultimately approved the Budget Reconciliation Package by a vote of 52-47.

Unfortunately, the fight is not over. The Senate’s package still must be reconciled in conference with the House’s alternative budget reconciliation bill which, as noted above, imposes a $1,500 fee increase on L visas. Although we can congratulate ourselves on our success so far, it will require an equally big push to hold onto these gains and make sure the proposal survives the Senate-House conference. Client action is key to these efforts, so keep your clients engaged and activated! We will keep you updated on the conference timing and process as it comes into focus. In the meantime, we need to maintain the pressure on Congress and the momentum we have generated for meaningful relief.

Hope this is clear.

Source: http://www.aila.org/content/default.aspx?docid=17881
 
Info for the tracker

STATE SWA : Illinois
EB2 or EB3 : EB2
RIR or Regular : RIR
PD - Priority date : 1/5/04
RD - Regional receipt date : 8/?/04
Regional DOL : Chicago DOL
New BEC Case no. : D-05012-2XXXX
45-day letter Date received : 6/20/2005
Status : Still waiting :(
 
DOL Offers Explanation of the BEC Processing Procedures

Someone asked about this earlier. Apologies if someone already posted this info, but I didn't see it. Looks like those of us who never made it from the SWA to Regional are going to take longer. Sigh. Of course, even that is not consistent, based on what I've seen in the tracker.

This is from: http://www.gtlaw.com/practices/immigration/news/2005/11/03a.htm

The Department of Labor (DOL) has put forth an explanation to the public to its procedures for processing labor certification applications pending at the Backlog Elimination Centers (BEC’s) and ETA regional offices. Though First in First Out (FIFO) procedures are followed in processing the applications, various factors affect the time period that an application will be processed. Basically, cases with earlier priority dates may be processed later than newer applications and cases with same priority dates will be processed at different times based on a number of factors including: Reduction in Recruitment cases will be processed before a Traditional Labor Certification; applications further in the recruitment process, which usually includes those coming from the region as opposed to the state may be processed faster ; the dates of other applications pending at the center, which are placed within the FIFO queue; the quality of the applications (those with less questions or problems are easier to finalize ); and finally the time it takes the employer or agent to respond to confirmation requests to continue processing the application.
 
That sucks!!!!!!!

deb2611 said:
Someone asked about this earlier. Apologies if someone already posted this info, but I didn't see it. Looks like those of us who never made it from the SWA to Regional are going to take longer. Sigh. Of course, even that is not consistent, based on what I've seen in the tracker.

This is from: http://www.gtlaw.com/practices/immigration/news/2005/11/03a.htm

The Department of Labor (DOL) has put forth an explanation to the public to its procedures for processing labor certification applications pending at the Backlog Elimination Centers (BEC’s) and ETA regional offices. Though First in First Out (FIFO) procedures are followed in processing the applications, various factors affect the time period that an application will be processed. Basically, cases with earlier priority dates may be processed later than newer applications and cases with same priority dates will be processed at different times based on a number of factors including: Reduction in Recruitment cases will be processed before a Traditional Labor Certification; applications further in the recruitment process, which usually includes those coming from the region as opposed to the state may be processed faster ; the dates of other applications pending at the center, which are placed within the FIFO queue; the quality of the applications (those with less questions or problems are easier to finalize ); and finally the time it takes the employer or agent to respond to confirmation requests to continue processing the application.
Click to expand...

That sucks big time. It's unfair!!!!!!!!!!!!!!!!! What else can I say..

My labor like many of you would have been processed without this crappy BEC. I think the only advantage was for people in NY/NJ/CA and other backlogged areas. Everyone else lost big time..............And on top of that they are processing 03/04 cases first..makes me throw up.....
 
LC approved

JustWatching,

Please update my status.
I received a letter from DBEC today that my ETA 750 has been certified. The date on the letter is 10/26/05.

Thanks for yout time and effort to keep all of us updated all the time!

Best regards,

PC

PD 10/09/03
RD 09/28/04
EB2/RIR/CA
 
Dallas BEC

Hello,
Please update the tracker with my info

Case: Non-RIR
Type: EB3
State: Nebraska
PD: 10-27-2003
Received 45 day letter: 09-01-05
Responded to 45 day letter: 09-14-05
LC decision expected: Still waiting

Thanks
Spaul
 
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