Dallas Backlog Elimination Center Tracking

[ACS_78]

No conspiracy

There is no conspiracy in the threads by ZB and GP111. It actually makes sense.

Since there are no Visa numbers available, what is the point for USCIS to accept the applications? It would only consume their time and clog their systems. Instead of this, they can process the applications.

Remember that by end of Fiscal 2006, USCIS needs to achieve a 6 month process time for applications. So, the less they have, the better it is for them

 

[juntha]

http://travel.state.gov/visa/frvi/bulletin/bulletin_2539.html

Read it..

This meana all the guys who get their LC approved after July1 and need to file an EB3 Green Card Application CAN NOT File 485 at all (whatever their priority date is, till Oct 1 2005)

If this is true..then I believe the conspiracy theory being circulated here. Since till July 1 2005 people who applied the LC before June 1 2002 can apply an EB3 petition, DOL is holding up the release of all such applications so that people cannot apply.

I BET WE SEE A FLOOD OF APRIL-MAY approvals from Dallas BEC as soon as we hit July 1 2005 as then it is useless for 3 months anyway. (And who knows where they will start the date once the new FY2006 visas are released)

ZB

I dont think this is a conspiracy theory... more of a theory. I am an optimist (after more than 4 years waiting, yu got to be ! lol) I dont think DOL is doing everything by purpose.
Anyway..
I would like to think that now that some visas are unavailable, the people at BEC will be less disturbed and will do their job faster without being interrupted by phone calls and Emails. That is until october 2005 but by then BEC will have most of the LC data entered in their computer.

 

[Zany_Brainy]

Pay some attention

ZB,
Your so-called conspiracy theory is totally childish. You have been a great help to this forum. But please don’t pump you theory. People are in enough tempered here. If someone go to court based on your ‘so-called conspiracy theory’ and sue BEC, we all will be screwed up again.

DBEC is doing great and lots of approvals are coming. Just wait a month or so, you will get yours. BEC and USCIS are two different organizations and there is no chance of what you are talking about. Pls. have some patient here.

Hey S_Chicago,
Please refer back to http://www.immigrationportal.com/showpost.php?p=1181467&postcount=3601 where I am clearly not believing in this theory and I think the same as you do..

Then look at the data...Look at all the approvals in the last 2 months..
Then look at the DOL Visa Bulletin

Then Look at my second post.. http://www.immigrationportal.com/showpost.php?p=1181765&postcount=3615

Where I say that 'I believe in the theory being circulated here' being supported by GP111, GC_Noway and others..It is not my theory, I do not make theories, just look at the data and tell me what it indicates..

Thx
ZB

 

[US-Alien]

Beating around the 'BUSH'

There is no conspiracy in the threads by ZB and GP111. It actually makes sense.

Since there are no Visa numbers available, what is the point for USCIS to accept the applications? It would only consume their time and clog their systems. Instead of this, they can process the applications.

Remember that by end of Fiscal 2006, USCIS needs to achieve a 6 month process time for applications. So, the less they have, the better it is for them

This is the real smartness of USCIS and DOL. The only way of achieving a 6-month process time by summer 2006 according to bush 5-year plan is "ACCEPT ONLY A CERTAIN NUMBER OF APPLICATIONS WHICH CAN BE ADJUCATED WITHIN 6 MONTHS". And tell the congress that it infact has acheived those process times. And the real fact would be that most of the approved labors would be sitting idle without being able to apply 485. those application will not even be called pending b'cos they havent applied due to retrogessions or unavailability.

What a smart way of beating around the bush.....!!!!!!!!!!!!!

 

[msp1976]

I dont think this is a conspiracy theory... more of a theory. I am an optimist (after more than 4 years waiting, yu got to be ! lol) I dont think DOL is doing everything by purpose.
Anyway..
I would like to think that now that some visas are unavailable, the people at BEC will be less disturbed and will do their job faster without being interrupted by phone calls and Emails. That is until october 2005 but by then BEC will have most of the LC data entered in their computer.

I kind of think that all Federal departments are at this point acting in concert...So that it would at least look like that Bush's promise of achieving 6 month turnaround time for all application to USCIS would be achieved at least on paper...Of course some/many of us would remain in limbo pending LC or No visa numbers.....


Also USCIS would use these three months to cut through some of the backlog they have....

 

[jxm0020]

PERM & 7th Year extension

Gurus/Others,
I have a big dilema, I have only 5 months left on my h1. I am converting my case to PERM (Already have a peding application at Dallas BEC PD 06/2003).

On the other hand I am also planning to apply for 7th year extension. My question to all is:

If my PERM gets rejected, does it mean my 7th year extension will get rejected too? provided that PERM gets rejected before they process my 7th year extension application?

1 more question:
My attorney says that the EB2 can be requested for my case during 140 application. I was under the impression that EB2/EB3 is determined at DOL level. Let me know your thoughts.

I appreciate everyone's input in this forum.

 

[gp111]

Gurus/Others,
I have a big dilema, I have only 5 months left on my h1. I am converting my case to PERM (Already have a peding application at Dallas BEC PD 06/2003).

On the other hand I am also planning to apply for 7th year extension. My question to all is:

If my PERM gets rejected, does it mean my 7th year extension will get rejected too? provided that PERM gets rejected before they process my 7th year extension application?

Theoreticly, Yes. But I don't think USCIS will keep on cheking your PERM status after you apply for H1 extension. So I think if you apply for H1 extension based on pending LC at BEC today ( I go for premium) & then after some time go for PERM you should be fine.

1 more question:
My attorney says that the EB2 can be requested for my case during 140 application. I was under the impression that EB2/EB3 is determined at DOL level. Let me know your thoughts.

He is correct as long as the actual process is concerned ( EB2 or 3 is nowhere mentioned in LC process). In the form I-140 you need to mention in which employment category you are applying it. The catch is if your Job Requirements in LC (& your own exp/qual) is less then Masters / BS +5 you cannot file I-140 in EB-2. If its more then or equal to MS (or BS+5) then you have choice of filing in EB-2 or 3

I appreciate everyone's input in this forum.

 

[GCPD0102]

Converting to PERM and 7th year extension

Gurus/Others,
I have a big dilema, I have only 5 months left on my h1. I am converting my case to PERM (Already have a peding application at Dallas BEC PD 06/2003).

On the other hand I am also planning to apply for 7th year extension. My question to all is:

If my PERM gets rejected, does it mean my 7th year extension will get rejected too? provided that PERM gets rejected before they process my 7th year extension application?

1 more question:
My attorney says that the EB2 can be requested for my case during 140 application. I was under the impression that EB2/EB3 is determined at DOL level. Let me know your thoughts.

I appreciate everyone's input in this forum.

EB2/EB3 is determined by the qualification required for the particular job specification.

If your pending application is for an EB3 position, don't convert to PERM. Apply for PERM for a new job requiring EB2 qualification. That way even if your PERM application is rejected you can fall back on the pending EB3 case for 7th year and continued extensions.

 

[jxm0020]

Thanks

Thanks gp111, gcpd0102
My current application appears to be under EB2 as per company attorney.

 

[mnhrdc]

Theory or no theory, its hard to determine. In the past I warned Mr. ZB, that his psychoanalysis will side track his forum and will lead many members to its furthermost bewilderment, but he didn’t want to eavesdrop. Now that when I opened another thread, our so-called “Moderator”, USNYCUS literally shut down my thread stating my thread is nothing but a bitch. Now that he/she said I would be watched like hawk, is he really watching how people are posting their queries??? He may shut me down after this, but I don’t give a damn, as the whole BEC is being bull in pulling out any of the pending labor in right way that would make at least 100 people happy in this 350K waiting.

Freedom of speech should be exercised in a manner acceptable to everybody and definetly cann't be personnel. You may Agree or disagrree on others views as long as they are not derogatory.

ZB made a statement when you see around having later PD getting approvals and earlier PD's not seeing the light of the day. It is humane to get frustated when the same Luck is not there with you.

It is simple math with limited no. of Visa numbers (40k/yr) and around 100k eb2/eb3 to get adjudicated we have to definetly wait in the Q somewhere. Either at BEC or at I-140 or at I-485. So it is anybodys guess and not a theory that UCIS needs to have some kind of control.

By the way I am not a fan of ZB or not an Enemy of you.

 

[activex111]

I also have a pending EB3 application in BEC and when i talked to my lawyer about filing another EB2 application in PERM, he said that if the PERM application is not identical to the original application, then you might loose your original PD and application. In which case if the PERM is rejected, then we may not have the original application to fall back to.

EB2/EB3 is determined by the qualification required for the particular job specification.

If your pending application is for an EB3 position, don't convert to PERM. Apply for PERM for a new job requiring EB2 qualification. That way even if your PERM application is rejected you can fall back on the pending EB3 case for 7th year and continued extensions.

 

[dkgdkg]

Hello:

Everyone. Who know why my 2003 case was put into 2004 database and 2002 database included 2004 case based on dol website download file.

DOL Database is categorized based on RDs. My PD is Aug, 2002 and RD is June 2003. My case is in 2003 Database.

Regarding 2004 cases in 2002 database: some thing messed up there.

To me, this database is just for reference to find out your Regional case number, PD or RD or whatever. This doesn't give status on your case.

Hope this helps !

 

[sravu]

7th. year extension

For 7th. year extension, do we need to attach any evidence of pending labor, like 45 day letter showing the PD? In missouri, SWA won't send any proof receipt for LC. Please advise, as I am going for file for my 7th. year extension this week.
Thanks

 

[IndiraGandhi]

Freedom of speech should be exercised in a manner acceptable to everybody and definitely can’t be personnel. You may Agree or disagree on others views as long as they are not derogatory.

--- No one is restricting the way of freedom in speech. I can’t do anything to restrict it, as I am not so called “moderator”.

ZB made a statement when you see around having later PD getting approvals and earlier PD's not seeing the light of the day. It is humane to get frustrated when the same Luck is not there with you.

--- Even DOL is failing its theory in implying the strict FIFO, ZB, whom I think certainly doesn’t work for DOL, I would never consider his way of PD being adjudicated. I know what frustration is, but being a human, you should have control over it.

It is simple math with limited no. of Visa numbers (40k/yr) and around 100k eb2/eb3 to get adjudicated we have to definitely wait in the Q somewhere. Either at BEC or at I-140 or at I-485. So it is anybody’s guess and not a theory that UCIS needs to have some kind of control.

--- Math could be simple but many drawings could lead it to complex way. I don’t understand when you say, “USCIS needs to have some kind of control” what does it mean?

By the way I am not a fan of ZB or not an Enemy of you.

--- I don’t know about ZB, but I certainly don’t consider you my adversary.

 

[gp111]

For 7th. year extension, do we need to attach any evidence of pending labor, like 45 day letter showing the PD? In missouri, SWA won't send any proof receipt for LC. Please advise, as I am going for file for my 7th. year extension this week.
Thanks

H-1B Visa Extensions

DOL has worked with CIS to set up a new system in the Backlog Elimination Centers to assist individuals who have submitted an application for permanent labor certification prior to March 28, 2005 and need proof of the submission to apply for an extension of an H-1B visa.

Individuals should send an e-mail to the appropriate Backlog Center explaining the need for the H-1B extension and requesting verification that their application is pending at the Center. The email addresses are h1b7yr@dal.dflc.us for the Dallas Center and h1b7yr@phi.dflc.us for the Philadelphia Center. Include in this request all pertinent information (employer name and address, alien name and address, date of filing, state where filed, case number, if known).

The Backlog Center will respond to the individual with verification that the application has been pending for 365 days.

 

[java2king]

update from my attorney! Aug 2002 approval received

Guys, just received an update from my attorney that she received an Aug'02 approval (EB-2) from the dallas BRC.

My case's RD is in Nov'02, she expects my case's approval to come along soon, they had responded to my 45 day letter 2 weeks after the Aug'02 case, in Feb'05 in the order they received the 45 day letters.

Any bets on when Nov'02 cases start appearing

 

[ACS_78]

Guys, just received an update from my attorney that she received an Aug'02 approval (EB-2) from the dallas BRC.

My case's RD is in Nov'02, she expects my case's approval to come along soon, they had responded to my 45 day letter 2 weeks after the Aug'02 case, in Feb'05 in the order they received the 45 day letters.

Any bets on when Nov'02 cases start appearing

Looks like no one who replied to 45 day letter in Dec '04 is getting approvals. BRC screwed up our responses

 

[Zany_Brainy]

This is what I think..

Those of you (NeelIP and GCnoway) with attys with inside connections @ Dallas BEC would you mind asking them about what is going on with SWA cases? These attys probably have clients with applications pending at the SWA level and may be getting info. for them. So if you ask they may already know and may be able to tell you. If any of you could do that and share the info it would be great, since Icarus does not have any info. when it comes to SWA cases.

Question for ZB: I can see them holding a case after analysis but why do you think a case would be skipped and not analyzed? Any ideas?

I think around 20th of May 2005 USCIS realized that they do not have enough Visa numbers to fulfil the needs of all April/May people who would be approved by the Dallas BEC before July 1st Came around. So they asked the DOL to put in a simple filter of (Process cases > June 1 2002) into their software. This would immediately
1) Stop Mailing of all older cases
2) Stop Approval of already analyzed older cases
3) Stop Analysis of not yet analyzed older cases

As everything moves by PD using a filter in the PD query would effectively stop all processing steps on cases filed before june 1 2002.

I am not saying that if they did so, they did anything wrong. What is the point anyway, if they gave the labor certs and people would be waiting for years to get their 485. It is better that when you apply for GC processing (I140/485) you know that you are going to be through in 6 months.

Anyway, this may be a wild guess.... but you know what, who knows?

ICARUS.. What do you think?

 

[longwait5]

my attorney wrote to me this week that their office received approvals for "many cases in April 2001, and some in May 2002, although there are many in between that have not been adjudicated"

So there is at least some May cases that got approval

 

[mnhrdc]

I think around 20th of May 2005 USCIS realized that they do not have enough Visa numbers to fulfil the needs of all April/May people who would be approved by the Dallas BEC before July 1st Came around. So they asked the DOL to put in a simple filter of (Process cases > June 1 2002) into their software. This would immediately
1) Stop Mailing of all older cases
2) Stop Approval of already analyzed older cases
3) Stop Analysis of not yet analyzed older cases

As everything moves by PD using a filter in the PD query would effectively stop all processing steps on cases filed before june 1 2002.

I am not saying that if they did so, they did anything wrong. What is the point anyway, if they gave the labor certs and people would be waiting for years to get their 485. It is better that when you apply for GC processing (I140/485) you know that you are going to be through in 6 months.

Anyway, this may be a wild guess.... but you know what, who knows?

ICARUS.. What do you think?

I would have to modify that to "Process cases > 20th June 2002" and others who havnt recieved to there PD dates.

I dont think anybody will do legimately even though if they are doing it the instructions should have been issued verbaly

However I believe what u say untill I recieve MINE NO FIFO but LIFO