Dallas Backlog Elimination Center Tracking

shaaka said:
to icarus and gurus for advice
i ahve a problem,please give your suggestions.Really appreciate ....
in 2001 i took 1 month off during june for my marriage,but i was still employed with active H1b and in the process of changing my employer.but my lawyer mentioned that 1 month as UNEMPLOYED in my labor application,1.will it cause any problem in my labor approval?

2.can i change it during my 485 application?
Is he nuts or what? Hopefully it should not create problems. It will not be a problem if you have traveled out side the US after that. Statuses are checked from last entry only.
In worst case there is provision called 245(k) which will cover such incidents upto 180 days cumulative.
 
tammy2 said:
Is he nuts or what? Hopefully it should not create problems. It will not be a problem if you have traveled out side the US after that. Statuses are checked from last entry only.
In worst case there is provision called 245(k) which will cover such incidents upto 180 days cumulative.


Most probably i will correct this in 485 stages with no "UNEMPLOYMENT" mentioned. What about pending labor? Will there be any issue in labor approval?
 
shaaka said:
Most probably i will correct this in 485 stages with no "UNEMPLOYMENT" mentioned. What about pending labor? Will there be any issue in labor approval?
No do not change that. Let it be. No harm. Did you go out of US after that date?
 
Note to ICARUS regarding processing times for OHIO

manish_shriv said:
Guys
helpwithGC got approval for PD Jan '03 and he has also confirmed that its not special handling case ?

It seems that they started processing of RIR cases for year 2003. Hope all of us will get soon..

Hi Icarus,

You have been doing a great job in providing us the latest information. Since you were mentioning that the current LC processing in Dallas has moved to 11/02, I want to make sure that Ohio is also at the same date. There was a previous post by 'HELPWITHGC' about his LC having PD of Jan 03 approved. I wanted to make sure if I will be hearing shortly anything regarding my LC. If not, any comments on expected date of my labor approval will help me lot.

Here are my details.
Details: EB3 RIR from Ohio
PD: 03/18/2003
RD: 04/05/2004
Received 45 letter from Dallas BEC on 03/18/2005
Replied to 45 day letter on 04/06/2005
Case #: D-05007-13XXX


Thanks,
 
Conversion to PERM?

Gurus:

I have been watching this forum for a long time and wanted to ask your opinion. I filed for traditional labor in March 05 just before the cutoff date and my file never made it to regional. I am assuming that my file has been shipped to the Dallas BEC and have not recieved any 45 day letter.

I have approached my lawyer about the possibility of filing for PERM and have been told that in order to do that I need to withdraw my existing application (MY PD is March 05). He said the only way to file a second PERM application keeping the first one intact is for the position title be be different from my existing one. I work for a large firm (>30k emplyees) and my manager does not think he can change my job title. My lawyer says that the decision is upto me on whether I will refile for PERM withdrawing my existing application from the Dallas BEC.

I have three questions: 1) Is my lawyer correct in stating that I have to withdraw existing backlog center non-RIR (traditional) application if I cannot change my job title? 2) Should I refile under PERM if I have to withdraw existing application? It looks like Dallas BEC has not started work on SWA cases and I think it will take at least 2 years before they touch my file. 3) My 5 year H1B expires in Nov of this year and my firm says that paperwork to file PERM takes them 3-4 months. We might be able to apply by end of October. What happens if my PERM gets rejected the first time - if I refile PERm a second time can I keep my PD of March 05 from my traditional labor application or do I lose it if PERM gets rejected the first time? Then I will not be able to file for 7th year H1B1 extension because labor has not been pending for 1 year.

Thanks.

Starz
 
GP111 and other gurus

I finally heard my labor was "certified" on 29th from SF DOL regional center [in line with GP111's prediction]

Case No: 95604**
PD: 14th May 2002
RD: 24th April 2003

I am in a dilemma now.

As per RIR advertisement the requirement is BS+3 yr. I had BS+3 yrs before I joined the company and completed an MS degree after joining the company and before they applied for Labor.
When I talked with my lawyer lately, he mentioned he is going to apply for the next stages in EB2 category as I have already completed my MS. I was thinking earlier that I would go with EB3 into the next stage as the ad does not meet the EB2 requirement as my PD was before the retrogressed date.
Now that EB3 is not available for the rest of the year and future retrogression dates are not predictable I am planning to take the risk and go ahead with the EB2 category and file 140/485 concurrently.

My question is... what is the worst case scenario?

According to what I have already read and understood - I might get a RFE to convert my 140/485 from EB2 to EB3. Do you think this is true?

What are the chances that my I-140 will be rejected and hence my I-485?

Thanks for any help.

-Regards
 
geekwantsgc said:
I finally heard my labor was "certified" on 29th from SF DOL regional center [in line with GP111's prediction]

Case No: 95604**
PD: 14th May 2002
RD: 24th April 2003

I am in a dilemma now.

As per

My question is... what is the worst case scenario?

According to what I have already read and understood - I might get a RFE to convert my 140/485 from EB2 to EB3. Do you think this is true?

What are the chances that my I-140 will be rejected and hence my I-485?

Thanks for any help.

-Regards

Your EB-2 I-140 might get denied as LC does not require BS+5 or Masters. What you can do is file 2 I-140 ( EB-2 & 3) you can do that by only additional $ 130.. In california I-140 takes about 3 months, so see if your EB-2 gets cleared, if not wait for Visa date to be current for EB-3
 
always_missing said:
Hi Gaurang,

Congratulations for your labor approval. You are one of the good knowledged persons and you helped many with your accurate replies. I observed that you are so matured and you know for which you have to respond and ignore. I appreciate your positive attitude towards the current labor approval process, where has most of us blame the current labor approval process.

I wish for your next 2 steps. Congratulations!!!

always_missing
__________________

PD: Nov, 2002
RD: Sep, 2003
RIR, EB2, CA
No 45 days letter

thanks man.. wishing you good luck too..
 
Thanks GP111

Thanks for your advice.

But firstly congrats on getting your labor approved. Are you planning to open a new thread for the latest concurrent/I140 appliers for the CSC center. Please keep the other forums informed about this so that we can join you there.

I badly need a EAD for my wife. I have one more question.
Can I apply both I-140s EB2 and EB3. And apply 485 for the EB2 category and depending on how it turns out on my 140 will my 485 get adjusted? In the meanwhile I will use the pending 485 to get a EAD?
Is it that the 485 will be rejected outright and I will not get a second chance if the other 140 gets through?

-Regards
 
starzborn2000 said:
I have three questions: 1) Is my lawyer correct in stating that I have to withdraw existing backlog center non-RIR (traditional) application if I cannot change my job title? Yes, that's correct 2) Should I refile under PERM if I have to withdraw existing application? It looks like Dallas BEC has not started work on SWA cases and I think it will take at least 2 years before they touch my file. Unfortunately, that decision rests with you and your attorney. I do know that PERM isn't without its shortcomings and problems and many are being advised to stick it out with the BEC and just file extensions on H1-B1 3) My 5 year H1B expires in Nov of this year and my firm says that paperwork to file PERM takes them 3-4 months. We might be able to apply by end of October. What happens if my PERM gets rejected the first time - if I refile PERm a second time can I keep my PD of March 05 from my traditional labor application or do I lose it if PERM gets rejected the first time? Then I will not be able to file for 7th year H1B1 extension because labor has not been pending for 1 year. That scenario may best be addressed by the attorney. Not sure on this end.

Thanks.

Starz
 
GCFromOHIO said:
Hi Icarus,

You have been doing a great job in providing us the latest information. Since you were mentioning that the current LC processing in Dallas has moved to 11/02, I want to make sure that Ohio is also at the same date. There was a previous post by 'HELPWITHGC' about his LC having PD of Jan 03 approved. I wanted to make sure if I will be hearing shortly anything regarding my LC. If not, any comments on expected date of my labor approval will help me lot.

Here are my details.
Details: EB3 RIR from Ohio
PD: 03/18/2003
RD: 04/05/2004
Received 45 letter from Dallas BEC on 03/18/2005
Replied to 45 day letter on 04/06/2005
Case #: D-05007-13XXX


Thanks,
If your case is RIR and you replied to 45 day letter on 4/6/05, your case should be in the queue. Queue is moving a little faster than in the past and it may not be very long before PD's move into 03.
 
WellWisher007 said:
Dear Icarus,

There are many cases from Nebraska beyond my PD of Aug 2004, certified at state level, which have already received a 45-day letter. Do you know why there are such consistencies?.. Some cases are case-entered in an abbreviated manner however some are fully entered.. I can understand it for different state/region cases.. However, I simply do not understand the inconsistencies within the same state/region cases?.. Please give ur insights..

Also, in your reply, you meant 'paper app' = 'RIR appl', right?. Please clarify

Thanks again.

Sincerely,
WellWisher
Although efforts have been made to enter cases in order, BEC is somewhat handicapped by the way each state boxed up cases. Also, a case may have had data entry completed and the 45 day letter sent before another similar case close to the PD date has had data entry completed.

Paper app is the case file as received by the BEC, be it RIR or TR. This is the case that would have to be withdrawn upon filing in PERM.
 
Need info

ICARUS,
This is for you. In your previous email you said that the queue is currently at 11/02 and is going rather fast and won't be long b4 it moves into 03. I had received the 45 day letter in dec'04 and replied back in dec'04. Do you think I will be in the queue tooo????
What will be best guesstimate to hear from D-BEC???

Please advise.
 
Hi ICarus

Thanks for helping this forum for a long time.

Need some more help.

My Pd is April2002 CA, NON-RIR

I think never made to regional.

Transfered to Dallas got temporary number starting from T-.......

don't remember it right now.

What is your guess about these type of cases?

Thanks
 
Congrats GP111

Congrats and best wishes for the next stages. Glad to see your continued support on this thread.
 
certified!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

About half an hour ago, my boss showed me the letter from DBEC that says, "Form ETA 750 has been certified ..." I am speechless! At last.....

I sincerely thank everybody in this forum for sharing valuable info and encouraging each other. Special thanks to JB, gp111, Icarus, Kanjoos and other regular members.

Congrats to gp111 on his recent approval. I wish everybody in this forum good luck.

My details are:
Texas, RIR, non-IT, PD = 8/29/2002
DBEC "Final Determination" Letter dated June 7, 2005
45 day letter was replied around 2/26/2005
case # D-04266-05***

Once again, thanks and good luck to everybody!
 
To GP111

Gp111 pleace accept my congratulations and thank you that you are still around helping others.
Can you tell if you received anything from DOL at your home address or it was just lawyer/employer that get the confirmation ?
 
Good NEWS!!!!

Finally my atty. called today and informed me of labor cert. approval for my case.

Details: CA. RIR EB3
Pd: Sept. 26, 2002
Rd: Aug. 25, 2003
45 Days Received: Feb. 8, 2005
Responded : Feb. 25, 2005
Occ Code: 25-2022

Thanks GP111, Icarus and other Gurus and I hope all other LC's will be cleared soon.
 
Congrats!

Congrats zurcaled.

Could you please tell us the job requirement on you labor certification, like BS+4 Years or so?

Thanks,
 
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