Dallas Backlog Elimination Center Tracking

Possible to file 485 till June 30th for EB3

justdoit said:
How can one apply for 485 in EB3 category now? Arent the visa numbers unavailable? USCIS will simply reject the application - right?
Click to expand...

Justdoit,

It is possible to file i-485 under EB-3 category till June 30th 2005 if a PD is before July 1st 2002.
From July 1st 2005 you can not file i-485. USCIS will not work on i-485 for EB-till visa number is available again for any EB-3 case. Adventage of filing i-485 is you can get EAD. Also you can use AC21 rule after 180 days i-485 pending. Gurus, correct me if I am wrong.
 
justdoit said:
How can one apply for 485 in EB3 category now? Arent the visa numbers unavailable? USCIS will simply reject the application - right?
Click to expand...

Its Unavailabe from July 01 2005.. not before June-30-2005
 
Perm

Guru's,

I am confused here, I dont think that you can apply for PERM thru SAME employer when your application is pending with DOL/BPC.
You can apply for PERM thru another employer since GC is for future employment.
Correct me if I am wrong.

-SR
TX RIR/EB2
PD 11/2002
Replied to 45 days letter in 12/2004


sfmars said:
vali,

Please correct me if I am wrong

1. If your new case is approved under PERM but your old one is not yet
you will have to use substitute to take an advantage of the approved case
Otherwise I do not understand how one individual can handle two GC jobs
from one employer the same time.

As I know DOL has serios intention to cancel substitution pretty soon.

2. There is a rumor that retrogression will be implemented for EB2 in 2006.
If it is come true you will loose your PD if you are from India, China or Philippines.
Click to expand...
 
PERM and Backlog

sr2610 said:
Guru's,

I am confused here, I dont think that you can apply for PERM thru SAME employer when your application is pending with DOL/BPC.
You can apply for PERM thru another employer since GC is for future employment.
Correct me if I am wrong.

-SR
TX RIR/EB2
PD 11/2002
Replied to 45 days letter in 12/2004
Click to expand...

According to my attorney, one can apply for PERM thru same employer if the job oppening is different from the one applied for earlier and pending with BPC. However the the PD for the new application will be the PD of PERM application and not the old one
 
Last edited by a moderator:
I got the same info from my attorney. He also told me that by filling an EB2 PERM I will be able to avoid the EB3 and (probably) EB2 retrogression (I am not from India, China or Philippines) or at least give me multiple choices for 140/485.

GCPD0102 said:
According to my attorney, one can apply for PERM thru same employer if the job oppening is different from the one applied for earlier and pending with BPC. However the the PD for the new application will be the PD of PERM application and not the old one
Click to expand...
 
Last edited by a moderator:
Got it

I have been a silent reader of this forum for sometime. It is truely a great source for information in this rather complex, lengthy and often frustrating process.

I just received an email from my attorney indicating that my labor is certified. I belive they did receive the confirmation letter from DOL. Here are my details:

PD - Aug 16, 2002, San Francisco
RD - July 2003
45 Day Letter - End of January.
Certified - June 20, 2005
Job Requirement: MS + 5 years
 
gc_12345 said:
I have been a silent reader of this forum for sometime. It is truely a great source for information in this rather complex, lengthy and often frustrating process.

I just received an email from my attorney indicating that my labor is certified. I belive they did receive the confirmation letter from DOL. Here are my details:

PD - Aug 16, 2002, San Francisco
RD - July 2003
45 Day Letter - End of January.
Certified - June 20, 2005
Job Requirement: MS + 5 years
Click to expand...

gc_12345: Congratulations!

Please let us know if it was Regular / RIR.

Thanks.
 
FYI, you can browse through the attachment. Also give your case details on this thread so JustWatching can add it to the tracker.

http://immigrationportal.com/showthread.php?p=1178748#post1178748

You at least have the 45 day letter, there are lots of us in SWA who have to even received that.

mvatx said:
Hi Gurus,
Everybody talking about only RIR cases. I'm in Non-RIR catagory and my PD is Dec- 2000. Can anybody give some clues where Non-RIR queue is now and when should I should I expect to hear something from Dallas BEC. I got 45 days letter back in Dec 2004 and replied within 3 days.

Your updates will be highly appreciated.

Thanks,
mvatx
Click to expand...
 
gc_12345 said:
I have been a silent reader of this forum for sometime. It is truely a great source for information in this rather complex, lengthy and often frustrating process.

I just received an email from my attorney indicating that my labor is certified. I belive they did receive the confirmation letter from DOL. Here are my details:

PD - Aug 16, 2002, San Francisco
RD - July 2003
45 Day Letter - End of January.
Certified - June 20, 2005
Job Requirement: MS + 5 years
Click to expand...

Congratulations.. & Good Luck for next stages.
 
nogcnolife said:
Just received the email from my attorney saying that my LC was approved.
Guys, thank you so much for accompanying me for the last 3+ years and wish you all the best luck in your GreenCard process.

A few questions for those who may have quick answers:
1. with the visa number retrogress thing, do you think I still have time to prepare and file 140&485 concurrently? (I'm EB3)
2a. if not, anyone know how long does it take to clear 140 for san francisco bay area applications?
2b. is it possible that the EB3 visa numbers will be open for my priority date(June/2002) in October?

Here is my info:
priority date: June/2002
BPC: Dallas
45 letter receive/reply date: 1/28/2005 / 2/1/2005?
case #: unknown
category: EB3
Job requirement: BS+2years
Click to expand...

Congratualations and you can apply concurrently I 140 & I-485 before June 29th if your PD is june 1st 2002 or else if it later you have to wait untill the next cut off date is announced. which is most probably oct 2005 btwn you can apply for I-140 and have all preparation for I-485.

All the best in next stages
 
vali said:
I got the same info from my attorney. He also told me that by filling an EB2 PERM I will be able to avoid the EB3 and (probably) EB2 retrogression (I am not from India, China or Philippines) or at least give me multiple choices for 140/485.
Click to expand...

I wonder, could you ask your attorney if it is going to be substitution or your name will be clear present in the both applications RIR EB3 and PERM.

It was possible before and it is possible now to file LC for future employment but they want to change it.

If it is substitution you need to act very fast.

If you are not on the 6th year of the H1B visa there is no reason to take care about PD just for now. But nobody knows about future.
 
Congratulations "nogcnolife". Good luck for the next stages.

Guys,
Is it correct to conclude that the RIR approvals that have been trickling in so far, are mostly for cases from the great state of California?

My case is RIR from Oklahoma with PD of Jan 02. I wonder if California is getting some sort of priority over other backlogged states such as OK, AR, MD, IN, etc.

Any comments are appreciated.

Regards,
Raydhan
 
Seems like TWC cases are also getting approved. Check the Dallas BEC Approval queue tracker..

RAYDHAN said:
Congratulations "nogcnolife". Good luck for the next stages.

Guys,
Is it correct to conclude that the RIR approvals that have been trickling in so far, are mostly for cases from the great state of California?

My case is RIR from Oklahoma with PD of Jan 02. I wonder if California is getting some sort of priority over other backlogged states such as OK, AR, MD, IN, etc.

Any comments are appreciated.

Regards,
Raydhan
Click to expand...
 
mnhrdc said:
Congratualations and you can apply concurrently I 140 & I-485 before June 29th if your PD is june 1st 2002 or else if it later you have to wait untill the next cut off date is announced. which is most probably oct 2005 btwn you can apply for I-140 and have all preparation for I-485.

All the best in next stages
Click to expand...

Hi mnhrdc, gp111 and all,

Thank you. You guys have been very helpful.

My latest study found my priority date is just a few days late than June 1st, 2002. So I won't be able to qualify the concurrent filing before Oct. 2005. -- What a timing !!! But I hope the retrogress wouldn't impact me too much since I140 is quick nowadays and the EB3 cutoff date is supposed to be at least close to June, 2002 when visa numbers become available. But who knows.

Another thing I'd like to share is that the "decision date" of my LC approval record in my attorney's database showed as 4/2?/2005. That means it's actually approved 2 months ago if that date is correct!! So, your LC approvals are probablly on the way too!

Good luck,
 
nogcnolife said:
Hi mnhrdc, gp111 and all,

Thank you. You guys have been very helpful.

My latest study found my priority date is just a few days late than June 1st, 2002. So I won't be able to qualify the concurrent filing before Oct. 2005. -- What a timing !!! But I hope the retrogress wouldn't impact me too much since I140 is quick nowadays and the EB3 cutoff date is supposed to be at least close to June, 2002 when visa numbers become available. But who knows.

Another thing I'd like to share is that the "decision date" of my LC approval record in my attorney's database showed as 4/2?/2005. That means it's actually approved 2 months ago if that date is correct!! So, your LC approvals are probablly on the way too!

Good luck,
Click to expand...

I think the lawyer can apply 2 sets one in EB2 and anothe in EB3!!, see what happens and the charge is 190.00 USD only, I would give it a shot and apply before july 1st rather than wating till oct and finding something else...

Just act fast, now...
 
nogcnolife said:
Hi mnhrdc, gp111 and all,

Thank you. You guys have been very helpful.

My latest study found my priority date is just a few days late than June 1st, 2002. So I won't be able to qualify the concurrent filing before Oct. 2005. -- What a timing !!! But I hope the retrogress wouldn't impact me too much since I140 is quick nowadays and the EB3 cutoff date is supposed to be at least close to June, 2002 when visa numbers become available. But who knows.

Another thing I'd like to share is that the "decision date" of my LC approval record in my attorney's database showed as 4/2?/2005. That means it's actually approved 2 months ago if that date is correct!! So, your LC approvals are probablly on the way too!

Good luck,
Click to expand...

Thanks nogcnolife for sharing information. I also think you will not have much problems due to unavailibility / Retrogression. Good Luck & God Speed !
 
csrini1 said:
I think the lawyer can apply 2 sets one in EB2 and anothe in EB3!!, see what happens and the charge is 190.00 USD only, I would give it a shot and apply before july 1st rather than wating till oct and finding something else...

Just act fast, now...
Click to expand...

What is the point of applying in EB-2 if the case is not qualified for ?
 
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