Dallas Backlog Elimination Center Tracking

[nother1inline]

Dear Mr. mnhrdc. I really appreicate your input in suggesting the solution. Moreover, I am so greatful and thankful to you in answering my post during this hour. I could not sleep and try got myself googled to see if any possible solution to my burn, but there is nothing out there to heal my fresh wound.

I have been employed with him for the past 5 years. I am with him since the establishment of my OPT accordance. I saved 1 full year working in OPT. I still have 2 years in my H1B.

If I go to find new employer, it will again take some time, and I am not sure due to visa retrogression, even I go with PERM, when my time will come to see if I can file 140/485. One of my his former employee, he asked for 15K to get his GC done. He would certainly ask me that much amount, which I don't have, as I don't have this much savings. Do you guys think ICARUS could help me if I give him the D-BEC case number, if he could verify its been approved or no. This is the only thing thats killing me to know if any CO's has unfortunately signed the petition without any RFE and get it done.

Hey,

Seems like a safe bet would be to join some other place and start your PERM while you have the time (2 years!) Send me an email at kavid01@yahoo.com and maybe we could chat and explore some options. I am in the consulting business also so kind of know how most of the companies in this realm function!!

 

[whatheheck]

Hey! Cool Down

Dear SanFranciscoDeptOfLaborReceivedDateAug03,
The comment you passed surely would have worked if I was working without being contracted. I work for a consulting firm, and they are so notorious in doing such a deed. The time I joined the company, I didn't hear about their bad karma, otherwise I would not join them no matter what. They are in East coast, and I am working here in West. My few peers are all in the site, and they are blindfolded as I am. So, here, in theory, the connotation doesn't work.

There is only one aggressive way to knock him down would be I am thinking about sending a detail note to Dallas BEC. I do have a labor receipt notice from DOL in the past, and I will include my paycheck which stongly holds the evidence that I am currently being employed by him. Also enclosed, I am attaching the welcome letter, and the attorney fee that I put on. What you guys think, does it work or no. Thanks for all your concern.

IndiraGandhi,
Instead of taking aggressive steps, talk to your employer first and get the whole picture. Don't assume anything and act on your assumption.

Never lose your cool when you talk to your employer and listen to him more often. Find out what is going on and what he/she expects from you. If possible try to record everything. Try to have email communication also. There are several easy ways to record telephone conversation. Try that if you can.

 

[activex111]

EB3 - how long is the wait?

Hi,
1. I saw some posts here mentioning that 5/03 PD EB3 cases may have to wait till 3-4 years before they can file for I-485. Can someone please let us know if this is true and how this was derived?

2. Is it possible to file in PERM while the current case is pending(I am sure somone asked this before, but the search did not give any good posts)? my friend got his case certifed in PERM in 33 days, with hardcopy of approval in hand. This just increases our frustration even more since we been waiting for soooo long now with no sign of when we might get our approvals from BEC.
I have a MS from US with 6 yrs of expereince but my lawyer (who btw, charges $500/hr. just the H1 extension costed $3200 to my company) filed my case under EB3 because in 2003 EB3 and EB2 were in same boat(his argument was that EB3 raises less queries and since both are at same level, go with EB3). I am considering if I can file again in EB2(my position and salary justifes EB2) to avoid this long wait in EB3.

BTW, Thanks to everyone on this group for such wonderful information. This forum has defintely become some ray of hope in this painful process.
Thanks,

 

[gp111]

Hi,
1. I saw some posts here mentioning that 5/03 PD EB3 cases may have to wait till 3-4 years before they can file for I-485. Can someone please let us know if this is true and how this was derived?

There is no way one can say how long it will take for EB-3 PD cutoff to reach 5/03.. but surely less then 3-4 years. Assuming PD cutoff will be still in 2002 when EB-3 becomes availabe (OCT 2005), with new 40K Visas it must not take more then a year or year and a half to reach your PD..

2. Is it possible to file in PERM while the current case is pending(I am sure somone asked this before, but the search did not give any good posts)? my friend got his case certifed in PERM in 33 days, with hardcopy of approval in hand. This just increases our frustration even more since we been waiting for soooo long now with no sign of when we might get our approvals from BEC.
I have a MS from US with 6 yrs of expereince but my lawyer (who btw, charges $500/hr. just the H1 extension costed $3200 to my company) filed my case under EB3 because in 2003 EB3 and EB2 were in same boat(his argument was that EB3 raises less queries and since both are at same level, go with EB3). I am considering if I can file again in EB2(my position and salary justifes EB2) to avoid this long wait in EB3.

For Similar/Same Position/profile DOL asks you to withdraw RIR LC when you file PERM.. But If your company is ready to file PERM for a different position with EB-2, you can getaway with it. Your Attorney is the best guy for further advice on this. If current attorney is very expensive, go to good but less expensive attorney for hourly advice session (about $ 100) & get the clear idea

BTW, Thanks to everyone on this group for such wonderful information. This forum has defintely become some ray of hope in this painful process.
Thanks,

 

[activex111]

Thanks GP111,
Few forum users mentioned that only few visa cases will be available for EB3 on OCT 05 (some % of 40k). That way the cut off date will only move a little and halt again when the visa numbers run out quickly for 06. Then again we will have to wait till Oct 06 for next batch of visas.
is this possible?

Originally Posted by activex111
Hi,
1. I saw some posts here mentioning that 5/03 PD EB3 cases may have to wait till 3-4 years before they can file for I-485. Can someone please let us know if this is true and how this was derived?

There is no way one can say how long it will take for EB-3 PD cutoff to reach 5/03.. but surely less then 3-4 years. Assuming PD cutoff will be still in 2002 when EB-3 becomes availabe (OCT 2005), with new 40K Visas it must not take more then a year or year and a half to reach your PD..

 

[mnhrdc]

ICARUS Please Clarify

Icarus we (folks having earlier PD's than aug 2002) are getting little worried after reading your last post that the Q was around Aug 2002. Now it is more than two weeks and so far we havnt heard anything good/bad/rfe/ from our Attorneys. If DBEC has really cleared all these cases upto Aug 2002 i feel some of us should have recieved some info. There are about 6-7k cases between may-aug 2002 PD. This is a quite lage number so that some of us must have heard some thing and so far nothing has happened.

1.Is there any or some reason that even though they have been adjudicated and are not able to mail them.
2 In how many weeks/months we can see the light of the above
3. Any insights are aprreciated

Thanks in advance for your Friday postings

 

[indio0617]

Thanks GP111,
Few forum users mentioned that only few visa cases will be available for EB3 on OCT 05 (some % of 40k). That way the cut off date will only move a little and halt again when the visa numbers run out quickly for 06. Then again we will have to wait till Oct 06 for next batch of visas.
is this possible?

I think the scene for EB3 is very bleak. Yes, even with the fiscal year quota starting in Oct 05 it will hardly meet EB3 India needs ( country quota cannot exceed more than 7%) So, do your Math on how much the final EB3 visa will be. Unless a miracle happens like a bill becoming law for increase in Immigrant visa numbers I do not see how we can get over the retro.

Remember when they had a similar situation (Retro) in 2001 the remedy was because Clinton passed a law which captured unused visas from prior years. I do not see any favorable immigration reforms happening except for the healthcare jobs. My advise for everyone on EB3 (sorry if I sound pessimistic) would be : Plan / start looking for other options. Maybe we should perhaps be open to moving back home if needed.

 

[MannyD]

gp111...

Assuming PD cutoff will be still in 2002 when EB-3 becomes availabe (OCT 2005), with new 40K Visas it must not take more then a year or year and a half to reach your PD

gp111,
In Oct 2005, what PD date cut-off is your guess? BTW if there are only 2800 visas for India (7% of 40,000) how can we project 2003 cases to become current in 1.5 years (=approx 4,200 visas)?

 

[antonioa77]

I think the scene for EB3 is very bleak. Yes, even with the fiscal year quota starting in Oct 05 it will hardly meet EB3 India needs ( country quota cannot exceed more than 7%) So, do your Math on how much the final EB3 visa will be. Unless a miracle happens like a bill becoming law for increase in Immigrant visa numbers I do not see how we can get over the retro.

Remember when they had a similar situation (Retro) in 2001 the remedy was because Clinton passed a law which captured unused visas from prior years. I do not see any favorable immigration reforms happening except for the healthcare jobs. My advise for everyone on EB3 (sorry if I sound pessimistic) would be : Plan / start looking for other options. Maybe we should perhaps be open to moving back home if needed.

well there are pending immigration reforms bills in the congress now: like the mckain-kenedy bill and another one is coming soon by senator colyn. i think this summer there will be a big discussion over this issue.
the mckain -kenedy bill suggest to increase the VISA numbers to 290000 instead of 140000 a yr and also recapture the unused ones. hope that this bill passes.

 

[ciril99]

gp111/Gurus,

My PD is Jan, 2002 and I'm EB3, do you think mine would be in by the time DOS publish their visa numbers in Oct, 2005?

Thanks,
Ciril

 

[mnhrdc]

gp111/Gurus,

My PD is Jan, 2002 and I'm EB3, do you think mine would be in by the time DOS publish their visa numbers in Oct, 2005?

Thanks,
Ciril

On possitive view last cuttoff was june 1 2002
on negative view it can further regress but cant predict dates since it can be known only during Sept 15th.
I think jan 2002 PD is not pessimistic if start process your I-140 and be ready for i-485

 

[ciril99]

On possitive view last cuttoff was june 1 2002
on negative view it can further regress but cant predict dates since it can be known only during Sept 15th.
I think jan 2002 PD is not pessimistic if start process your I-140 and be ready for i-485

Thanks!

 

[gp111]

gp111/Gurus,

My PD is Jan, 2002 and I'm EB3, do you think mine would be in by the time DOS publish their visa numbers in Oct, 2005?

Thanks,
Ciril

I don't believe that there will be so many 2001 EB-3 filings around Oct-2005 which force PD to retrogress in 2001, so with Jan-2002 PD I would only worry about BEC not I-485

 

[GCSyndrome]

well there are pending immigration reforms bills in the congress now: like the mckain-kenedy bill and another one is coming soon by senator colyn. i think this summer there will be a big discussion over this issue.
the mckain -kenedy bill suggest to increase the VISA numbers to 290000 instead of 140000 a yr and also recapture the unused ones. hope that this bill passes.

And I bet you, these bills will pass..........right after we get our EADs

 

[srignram]

srignram

Hi,
I have a question to the forum members.Do 245i belong to EB3 category?if yes then EB3 people are doomed.

 

[gp111]

Hi,
I have a question to the forum members.Do 245i belong to EB3 category?if yes then EB3 people are doomed.

Most of (99%) 245i are in OTHER WORKERS Category

 

[sbdol]

And I bet you, these bills will pass..........right after we get our EADs

You are talking the best case scenario, If the bill passes before we get EAD we may never get it. There is no provision in the new bill in favour of legal immigrants.

 

[Icarus]

Hi ICarus,

We are so eagerly waiting for your update. where is the CO queue for RIR & NON-RIR cases? A friend of mine got approval last week, his RIR PD is 07/2002 which is same as mine (employer, job desc & pd is same). but I didn't receive anything regarding my case.

You mentioned that there are some workflow issue in CO queue processing, did it get resolved? are there any system issues regarding mailing out the approvals?

Thank you very much, Really appreciate your contributions.

CO's just passed 3000 certs total this past week. Unfortunately, no way of knowing on my part as to the PD they're on.

 

[gp111]

CO's just passed 3000 certs total this past week. Unfortunately, no way of knowing on my part as to the PD they're on.

Thanks Icarus..

Can you tell us where is processing queue & where is approval queue as of today ??

Appreciate your input as always..

 

[maxent]

where is the current query god?

CO's just passed 3000 certs total this past week. Unfortunately, no way of knowing on my part as to the PD they're on.

Icarus, could you give us an update on the current query?

Thanks