Dallas Backlog Elimination Center Tracking

Long Wait ...Applying State

longwait5 said:
Hello, everybody!
Office of my attorney received several approvals on 2001 and 2002 cases, though unfortunately not on mine. That is all the information I am able to provide; can not get the exact range of PDs or number of approvals from them.
Click to expand...


Sounds really nice that 2001/2002 cases are being picked up now .... Long wait which state these application belong too ... i.e. whether its California, Washington etc.

Thanks,
Pooldeewana
 
On emore labor approval

Hello All,

One more colleague of mine got his labor approved (CA - RIR PD July'02, Case # - no idea).

In the last week or so 2 of my colleagues have received their approvals.
 
Please help EB2-EB3 question

Hi Gurus,

Been a long time reader. This is my first post. I missed the BRC boat by a week and now waiting for the SFO to open my file.

I have the following question. Please help me!!!

I had a BS+3 before I joined the company. I did my Masters after I joined the company and completed it before my company applied for Labor.
The company advertised are asking for BS+3. The ads did not have MS required in them. It was generic ad used for 3 more people in our company.

When I enquired recently, the lawyer told me that they have applied for EB2. When I mentioned the ads do not reflect that a Master is required. He is telling that the ad is a minimum requirement and your skill need not be a exact match of the Ad!!!

Now my question is what is most likely response from the DOL in this scenario. I am hoping my case will get opened within the next couple of months. God forbid, I want to be ready with any paper work required to answer any queries by the DOL. NOF-RFE-3-option letter. What could happen? Please advise me form your past experience.

Small Company- No layoffs
My Details:
PD:05/13/2002
RD:04/24/2003
Case #098560xxx
 
geekwantsgc said:
Hi Gurus,

Been a long time reader. This is my first post. I missed the BRC boat by a week and now waiting for the SFO to open my file.

I have the following question. Please help me!!!

I had a BS+3 before I joined the company. I did my Masters after I joined the company and completed it before my company applied for Labor.
The company advertised are asking for BS+3. The ads did not have MS required in them. It was generic ad used for 3 more people in our company.

When I enquired recently, the lawyer told me that they have applied for EB2. When I mentioned the ads do not reflect that a Master is required. He is telling that the ad is a minimum requirement and your skill need not be a exact match of the Ad!!!

Now my question is what is most likely response from the DOL in this scenario. I am hoping my case will get opened within the next couple of months. God forbid, I want to be ready with any paper work required to answer any queries by the DOL. NOF-RFE-3-option letter. What could happen? Please advise me form your past experience.

Small Company- No layoffs
My Details:
PD:05/13/2002
RD:04/24/2003
Case #098560xxx
Click to expand...

LC does not have Eb2/3 categories. If requirements in LC/Ad matches with your profile your LC will be approved.

But, if your LC says the Position requires BS+3 you cannot file I-140 in EB-2 category.
 
gp11 please clarify

Hi gp11,

My LC docs and Advertisement both mentions as follows

Senior Programmer Analyst

"This is a very technical position that requires the individula to have a BS degree in Coputer science, MIS or Electrical Engineering with 2 years of Expericenc in the job offered or 2 years of related experience in software programming using C++ in DCE and CORBA architecrture."

My lawyer says i qualify for EB2.

I have MS in Computer Science..

can u please clarify how this EB2 works for me

Thanks,
Maveric

gp111 said:
LC does not have Eb2/3 categories. If requirements in LC/Ad matches with your profile your LC will be approved.

But, if your LC says the Position requires BS+3 you cannot file I-140 in EB-2 category.
Click to expand...
 
Hi

I am not a lawyer but I can surely say that you won't be able apply for I-140 and I-485 in EB2 category. Your case looks like EB3 category. One of the earlier post had clearly mentioned the criterias for EB2.
It goes somewhat like this: MS or BS +5 years of experiance.
So you be careful with your lawyer.
Whenever you have query in your mind about lawyers action, immediately confront him and see his reaction and also take second or third lawyers opinion.
I don't want to upset you but be careful of your case.
Goodluck

geekwantsgc said:
Hi Gurus,

Been a long time reader. This is my first post. I missed the BRC boat by a week and now waiting for the SFO to open my file.

I have the following question. Please help me!!!

I had a BS+3 before I joined the company. I did my Masters after I joined the company and completed it before my company applied for Labor.
The company advertised are asking for BS+3. The ads did not have MS required in them. It was generic ad used for 3 more people in our company.

When I enquired recently, the lawyer told me that they have applied for EB2. When I mentioned the ads do not reflect that a Master is required. He is telling that the ad is a minimum requirement and your skill need not be a exact match of the Ad!!!

Now my question is what is most likely response from the DOL in this scenario. I am hoping my case will get opened within the next couple of months. God forbid, I want to be ready with any paper work required to answer any queries by the DOL. NOF-RFE-3-option letter. What could happen? Please advise me form your past experience.

Small Company- No layoffs
My Details:
PD:05/13/2002
RD:04/24/2003
Case #098560xxx
Click to expand...
 
Thanks WhyAllTHis

WhyAllThis,

I just confirmed with my lawyer that they changed the LC according to the MS requirement whey they filed my LC.

I had the old copy with me.

Thanks,
Maveric
PD - 02/03
TX
45 days letter rcvd in Jan 24th 05

Whyallthis said:
Hi

I am not a lawyer but I can surely say that you won't be able apply for I-140 and I-485 in EB2 category. Your case looks like EB3 category. One of the earlier post had clearly mentioned the criterias for EB2.
It goes somewhat like this: MS or BS +5 years of experiance.
So you be careful with your lawyer.
Whenever you have query in your mind about lawyers action, immediately confront him and see his reaction and also take second or third lawyers opinion.
I don't want to upset you but be careful of your case.
Goodluck
Click to expand...
 
Maveric said:
WhyAllThis,

I just confirmed with my lawyer that they changed the LC according to the MS requirement whey they filed my LC.

I had the old copy with me.

Thanks,
Maveric
PD - 02/03
TX
45 days letter rcvd in Jan 24th 05
Click to expand...

It all depends on the job advertisement not your qualification. From my understanding, the requirements in the application should be the same as on the advertisement. And the requirements should be that of when you took the job. On job experience or training does not count. I am not sure if your case had moved to Regional before being transferred to BPC/BRC. This kind of problem can hurt you later even if your labor is certified.
 
Confirmed with Lawyer

I have confirmed with my lawyer that they have same MS requirement in the LC and Advertisement.

I had a old copy of LC before they filed the actual one.

My LC PD is 02/03 and made it to DOL in 08/03.

Thanks for all your info

pennwaiting said:
It all depends on the job advertisement not your qualification. From my understanding, the requirements in the application should be the same as on the advertisement. And the requirements should be that of when you took the job. On job experience or training does not count. I am not sure if your case had moved to Regional before being transferred to BPC/BRC. This kind of problem can hurt you later even if your labor is certified.
Click to expand...
 
I posted a similar question before. All the ads in my case asked for BS + 2 years. But the LC application asked for MS + 2 years. Everybody here said it is EB3.

But my lawyer says for RIR, the ads can be generic. What matters is what you entered in the ETA 750 form. In fact the ads were run for 2 positions one EB2 and one EB3.

I am just going by my attorney's word. Anybody has some expert opinion on this.

Thanks.
 
I was is the Seattle Regional Que and Just go word that my apps is being sent to the Dallas Backlog Center via the respond in 45 days letter. Does anyone have any idea how much longer this approval will take. I am weight this against canceling it in going for the new Perm path.

Thanks.
 
Jasonl:

It is anybody's guess. No one is able to predict when they will clear the backlog (340000 cases ). Some report say that they are currently processing cases with 2001 (regular) and 2002(RIR) priority dates.

Even the 45 day letter is being sent out randomly....
 
re: Please help EB2-EB3 question

Thanks GP111 and whyallthis,

I was not aware that EB2-EB3 is not a LC but a I-140 issue. If I understood it right in the LC itself you do not mention the EB category but going into I-140 you get into the specific category depending on the advertisement and the requirement.
What are chances of rejecting I-140 if the advertisements do not mention MS?
I am planning to use EB2 only if dates retrogress and I have wait for a long time before applying for 485? Other than the I-485 priority date criterion are there any other difference in processing EB2/EB3?

Thanks for all your help,
Regards,
 
Its good to think about the future

Hi,
I am sorry if this posr hurt anyone.This thread was created to discuss solely about the Labour certification.If anyone wants detail about I140 or 485 , there are seperate threads available and there are people who already filed 140 and 485.They will be able to provide better guidance.Sorry again.
 
Can I file for EB2?

Hello Gurus,

I have a similar question:
My labor was filed with the requirement of BS + 5 years of experience. I think there was no mention oF MS in the ad. Can this be qualified for EB2 filing?

Thanks.

geekwantsgc said:
Thanks GP111 and whyallthis,

I was not aware that EB2-EB3 is not a LC but a I-140 issue. If I understood it right in the LC itself you do not mention the EB category but going into I-140 you get into the specific category depending on the advertisement and the requirement.
What are chances of rejecting I-140 if the advertisements do not mention MS?
I am planning to use EB2 only if dates retrogress and I have wait for a long time before applying for 485? Other than the I-485 priority date criterion are there any other difference in processing EB2/EB3?

Thanks for all your help,
Regards,
Click to expand...
 
geekwantsgc said:
Thanks GP111 and whyallthis,

I was not aware that EB2-EB3 is not a LC but a I-140 issue. If I understood it right in the LC itself you do not mention the EB category but going into I-140 you get into the specific category depending on the advertisement and the requirement.What are chances of rejecting I-140 if the advertisements do not mention MS?

If AD matches with ETA750 (LC application) & your profile, You will get LC certified without any problems, but if LC does not ask for Masters OR BS+Progressive Exp of 5 years you will not be able to file I-140 in EB2

I am planning to use EB2 only if dates retrogress and I have wait for a long time before applying for 485? Other than the I-485 priority date criterion are there any other difference in processing EB2/EB3?

There is no other difference then PD (Quota per year & Retrogression) between EB-2 & 3

Thanks for all your help,
Regards,
Click to expand...
 
Job notice

The following job notice was used when my company applied for my LC in 2001 in EB2, which was remanded back to state later. My question is - Is this job posting enables me to directly convert this case (if I really opt for) to PERM in EB2 without losing my PD? Is job posting is same as AD? Someone can explain me or direct me to the right forum as I didn't see any PERM forum under LC.

============================================================

EDUCATIONAL REQUIREMENTS: MS in CS, Engineering, Business, or related field or equivalent (see Special Requirements below)

SPECIAL REQUIREMENTS: Master of Science in Computer Science, Engineering, Business, or a Related Field and Three Years of Software Engineering Experience, or the Equivalent (a Bachelor of Science in Computer Science, Engineering, Business, or a Related Field Followed by Five Years of Progressive Software Engineering Experience). Experience must include ....

==========================================================

Thanks! in advance...
 
One More Approval

A Friend of mine got LC approval (attorney received the approval via mail) today from Dallas BEC, his case details:

RIR - 07/2002 - CA, transfered from SFO regional office
45 day letter responded in Feb'2005
Case number: D-04320-xxxxx
Area: Software Engineering
 
7th year extension

Gurus,

I have applied for LC under old system(non-PERM) before the end of my 5th year of H1-B. In case, if my LC gets denied, can I get 7th year extension?

Thanks,
 
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