My current H1B expires on 1st October 2005, regretfully CIS were not up to speed with the Yates memo when I renewed my H1B in March 05 and in error only gave me 6 months instead of the Yates 12 months. When CIS requested evidence of my ETA750 application in February 05 my lawyer forwarded my 45 day letter (which had arrived in Feb 2005). CIS acknowledged the error but would not extend that notice and told me to reapply in July 05.
I filed my H1B application on 1st July 2005 (90 days from current expiration), I was surprized yet delighted to receive a notice of receipt dated 11th July 2005 from CIS in Laguna Niguel California. In particular considering the 4th July weekend holiday. Though it cost my employer another filing fee.
In anticipation of CIS requesting evidence of pending LC, and recognising I'd used my 45 day letter for the previous H1B application, and with my current H1B expiring in October, I considered myself a genuine user of the Dallas BEC 7th year email.
Rather than email myself I felt the request for evidence would be better to come from my employer, so I called in favours with HR and had the VP herself make the request, and she included a scan of my current I-129 H1B approval notice to establish that the need was genuine due to expiry date.
The purpose of this long winded post is to confirm that my VP of HR emailed at 5pm (pst) Tuesday, so it was likely after the Dallas office had closed. She received a response in the form of a screen shot of my case at 3.30pm (pst) this afternoon (Friday).
My pd is 25 Nov 02, so I was slightly disappointed to read "case status - data review" but the optimist feels satisfied that we are still in progress, and according to the tracker there are only a few people with certified after my pd date and plenty older than me who deserve to hear sooner than I.
I found the screen shot quite interesting, some points being;
In 2002 my salary was 17% higher than the prevailing
My case was received in Dallas on 15 Nov 04, but my 45 day letter wasn't issued till 11 Feb 05.
the Existance check is listed as "failed" but nothing new there based on previous posts to the message boad, My employer trades under a "dba" and the existance issue was noted on the 45 day letter, my employer's response included the last 2 years corporation tax returns plus rent invoice and a utility bill to confirm the company exists.
The screen shot only shows 3 lines of the data review section, based on the scroll bar I'd estimate that the screen shot only shows a third of the data.
for those who are interested, "foreign labor certification - administration version 1.0" is a microsoft web based application. I do not feel it appropriate to type the url address here, being a gov site etc...... There are tabs for home, case preparation, incoming mail, search, corresponence and reports. the screen shot is from the search tab and is in summary detail though I can also see an "event Log" button.
I am taking some solace that this screen shot is a response of sort, Nov 2002 was a long time ago, yet apart from exercising patience there is little else we can do.
I did fear that the 7th year email might have been closed due to abuse, either with pd dates (2003/04) that are no where near close to being reviewed, or even by people who have long periods existing on their current H1Bs. I would appeal to people not to be tempted to abuse this facility, it's there for a reason and a genuine need, when CIS ask for evidence of 7th year H1Bs.
so good luck to all.
ETA # D-04320-01***
PD - 25 Nov 2002
RD - 21 Nov 2003
Occupation- 11-3031 Financial Manager
SWA - California
45-day letter - 11 Feb 2005
45-day letter response - 23 Feb 2005
EB3 / RIR