Dallas Backlog Elimination Center Tracking
- Thread starter gp111
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My priority date (if this date means the day my application was filed with TWC) is somewhere in 2nd week on Jan 2003.But as I said , it was approved from TWC and was forwarded to DOL on 09/02/2003.jnathan said:
The BRC will work on PD or RD ?
Also will DOL continue to function along with BRC? By this I mean will some cases will be processed at DOL and some at BRC. This thing is as confusing as it can get !
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DeshWasi said:My priority date (if this date means the day my application was filed with TWC) is somewhere in 2nd week on Jan 2004.But as I said , it was approved from TWC and was forwarded to DOL on 09/02/2004.
The BRC will work on PD or RD ?
Also will DOL continue to function along with BRC? By this I mean will some cases will be processed at DOL and some at BRC. This thing is as confusing as it can get !
SO in both cases (PD & RD) you will be waiting for sometime as there are bunch (trucks) of cases before you in both RD & PD of 2000,01, 02, 03...
Dallas & Phily DOL will not work as DOL anymore.. They will work as BEC only.
Thanks for the info , my dates are in 2003 not 2004 (I have edited my last post , sorry about that).So if they start on PD , I should be in the first lot , if on RD it may be a while before I hear anything from them...correct ?gp111 said:
FYI : My application is in RIR
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Any idea what is going to happen for Atlanta DOL. ATL DOL cases are backlogged too......
cala said:
Cases from SF DOL are still being filed/entered at both BEC's. The cases from SF were divided about evenly due to the high number and half were sent to Phil. and half to Dallas. As soon as the cases have been unpacked, inventoried and entered, the 45-day letters will start to go out notifying of receipt and requesting info from 750A/B that may be missing or incorrect. Also, employer/atty will be asked to specify whether employer is still wanting to pursue the application due to the delays. Once a positive response is received, cases will be processed as RIR or Traditional (depending on the appl) and according to received date in first in first out order. 45-day letters should begin to be sent out mid-Nov'04.
Backlog center processing priority
1. Will the letters be sent for everybody in the next 60 days (all Dallas applications and 10,000 cases of sanfransisco)?
2. Once they get the resonse of these letters, who will be processed first? Dallas or Sanfransisco? Or both will be processed at same time according to their priority date?
1. Will the letters be sent for everybody in the next 60 days (all Dallas applications and 10,000 cases of sanfransisco)?
2. Once they get the resonse of these letters, who will be processed first? Dallas or Sanfransisco? Or both will be processed at same time according to their priority date?
manm17
1. Will the letters be sent for everybody in the next 60 days (all Dallas applications and 10,000 cases of sanfransisco)?
Yes.. Batch by Batch...
2. Once they get the resonse of these letters, who will be processed first? Dallas or Sanfransisco? Or both will be processed at same time according to their priority date?[/QUOTE]
Both at the same time using RD/PD FIFO
1. Will the letters be sent for everybody in the next 60 days (all Dallas applications and 10,000 cases of sanfransisco)?
Yes.. Batch by Batch...
2. Once they get the resonse of these letters, who will be processed first? Dallas or Sanfransisco? Or both will be processed at same time according to their priority date?[/QUOTE]
Both at the same time using RD/PD FIFO
Please help
Please Help...
Labour application in California
PD -> 08/2001
DOL RD -> 08/2002
Remanded to State from RIR to NON RIR -> 06/2003
Haven't heard anything after that.
How will these changes affect me? Can i see anticipate some good news in the near future.
It has already been more than three years of frusturation. Haven't even crossed the first stage in GC.
Please Help...
Labour application in California
PD -> 08/2001
DOL RD -> 08/2002
Remanded to State from RIR to NON RIR -> 06/2003
Haven't heard anything after that.
How will these changes affect me? Can i see anticipate some good news in the near future.
It has already been more than three years of frusturation. Haven't even crossed the first stage in GC.
bayareagc said:
I am not sure but there are two possibilities...
1) DOL/SWA conside your case as open case & Process it after they are done with transferring cases to BEC/NPC ( 1st quarter next year)
2) You case gets transferred to one of the BEC when CA SWA transfer state cases to BEC & processed as FIFO based on PD
BEC's do not follow DOL holiday guidelines....can't speak for Phil. due to BEC autonomy, but Dal will only be observing one day apiece for Thanksgiving, Christmas and New Year's as an office. DOL employees will follow DOL holiday's. Due to heavy influx of cases transferred from Dallas and SF, cases will not be affected by DOL holiday schedule until after the first of the year as BEC contractor is still processing incoming files.lc4gc said:
Good info from Immigration-law.com
Retrogression of Visa Numbers and Effect of Pending I-485 and Ancillary Applications of EAD/Advance Parole
Obviously when the visa number retrogresses, question arises with respect to the pending I-485 application and eligibility for EAD and Advance Parole during the period of the visa number unavailabity. This is a policy issue rather than a legal issue.
Traditionally, the legacy INS held in abeyance pending I-485 applications during the period of visa number unavailabity and the status of the 485 applicants were deemed in status pending availability of the visa numbers and the subsequent adjudication of I-485 application. During such period, the legacy INS also exercised discretion and issued EAD and Advance Parole and extension of EAD and Advance Parole. It is likely that the USCIS may retain such policy if the visa numbers retrogress next year.
When visa number retrogresses, the consular processing of immigrant visa is riskier than I-485 option in that neither EAD nor Advance Parole will be available during the period of visa number unavailable when one opts for the consular processing, while in the I-485 option, the alien will be able to keep obtaining and extending EAD.
Substitution of Labor Certification Beneficiary Alien and Priority Date
Potential retrogression of the visa numbers in January 2005 brings back the issue of priority date on the spotlight. Under the immigration rule, the alien beneficiary "retains" the priority date once the labor certification is approved "and" I-140 petition is approved. Accordingly, unless the I-140 is revoked or the labor certification application is revoked, this specific alien retains the priority date established by the labor certification application. The same alien thus retains the priority date even if the alien starts a new labor certification application with the same employer or another employer. The concept of priority date is thus "alien-based" and the specific alien carries with him or her the priority date.
The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien.
Retrogression of Visa Numbers and Effect of Pending I-485 and Ancillary Applications of EAD/Advance Parole
Obviously when the visa number retrogresses, question arises with respect to the pending I-485 application and eligibility for EAD and Advance Parole during the period of the visa number unavailabity. This is a policy issue rather than a legal issue.
Traditionally, the legacy INS held in abeyance pending I-485 applications during the period of visa number unavailabity and the status of the 485 applicants were deemed in status pending availability of the visa numbers and the subsequent adjudication of I-485 application. During such period, the legacy INS also exercised discretion and issued EAD and Advance Parole and extension of EAD and Advance Parole. It is likely that the USCIS may retain such policy if the visa numbers retrogress next year.
When visa number retrogresses, the consular processing of immigrant visa is riskier than I-485 option in that neither EAD nor Advance Parole will be available during the period of visa number unavailable when one opts for the consular processing, while in the I-485 option, the alien will be able to keep obtaining and extending EAD.
Substitution of Labor Certification Beneficiary Alien and Priority Date
Potential retrogression of the visa numbers in January 2005 brings back the issue of priority date on the spotlight. Under the immigration rule, the alien beneficiary "retains" the priority date once the labor certification is approved "and" I-140 petition is approved. Accordingly, unless the I-140 is revoked or the labor certification application is revoked, this specific alien retains the priority date established by the labor certification application. The same alien thus retains the priority date even if the alien starts a new labor certification application with the same employer or another employer. The concept of priority date is thus "alien-based" and the specific alien carries with him or her the priority date.
The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien.