Dallas Backlog Elimination Center Tracking

[nother1inline]

PERM question

If you file in PERM now and EB2 retrogression happens before your LC is approved, you will be stuck with a PD of late 2005 which will take years to become current

Does anybody see any problems if another company files for a PERM for me under the same job classification?

 

[sfmars]

If you file in PERM now and EB2 retrogression happens before your LC is approved, you will be stuck with a PD of late 2005 which will take years to become current

If he withdraws his pending case and files PERM he saves his PD everybody knows that but it is risk.

The same time I do not think that is completely legal to keep pending case and file PERM simultaneously. Only some lawyers (who cares only about extra money for filing) say that they can do it. One time DOL's official said that case needs to be withdrawn to be able to file PERM for the same position. All conversations that requirements and position title can be changed little bit just attorney's interpretations .

 

[sfmars]

Does anybody see any problems if another company files for a PERM for me under the same job classification?

But it is going to be brand new process, you loose your PD, up to the last final step you should be with the same employer.

2 problems: 1. Time and 2. PD (if you are from country affected by retrogression)

I do not know which category you want to file PERM may be EB2 but even EB2 is going to be retrogressed for specific countries prtetty soon.

As I remember in 1999 and 2000 when retrogression was effective a lot of cases were enforced to be changed from EB2 to EB3 category by INS.

 

[activex111]

If he withdraws his pending case and files PERM he saves his PD everybody knows that but it is risk.

The same time I do not think that is completely legal to keep pending case and file PERM simultaneously. Only some lawyers (who cares only about extra money for filing) say that they can do it. One time DOL's official said that case needs to be withdrawn to be able to file PERM for the same position. All conversations that requirements and position title can be changed little bit just attorney's interpretations .

Correct..
My lawyer did tell me that he will not file two cases, like keep existing case in BEC and file another in PERM in EB2.

 

[GC_from_NJ]

I agree too on this point. Although my lawyer wants to make money by initiating me to file for PERM, he pointed out they would have to withdraw the existing labor application and file a fresh one with advts. and the entire gamut...(no guarantee whether it will be approved or not..looking at the no. of denials PERM is giving)

Personally at this point of time when I have filed for my 7th year extension it is not worth a try.... hopefully patience will pay !!

Correct..
My lawyer did tell me that he will not file two cases, like keep existing case in BEC and file another in PERM in EB2.

 

[karnish]

? about 7th year extension

GP111 and all Gurus,

My priority date is Oct 2003 and my case moved to Dallas BEC from MI SWA. I havent yet got my 45 Day letter. My 6th year on H1 expires in Feb 2006. That means I can apply for my 7th year extension sometime after Sept this year. My labor was applied in EB3.
There is another company that is offering me a approved labor with a PD towards the end of 2001. But even that labor is in EB3. Their condition is that I have to move to their company immediately. If I do that, can I still apply for my 7th year extension? What will be the different possibilities for me. I am not sure what will be the Cut off dates in October once the quota opens again. If it goes back a lot, then I am thinking that I will be at risk.

Any thoughts and suggestions are greatly appreciated.

Thanks,
Karnish

 

[calabor2001]

Thanks a lot Nov '02. I dont know though to which BEC it got sent to. I have sent an email to h1b... alias 6 times now with no response. Just my bad luck I guess...

It means that your case has made it to the BEC, thats all it signifies.

 

[calabor2001]

Automatic Message Recd. from status check email address.
-------------------------------------------------------
Dear Requestor,

You have reached the Dallas Backlog Elimination Center status inquiry mailbox. At this time, we are unable to provide status information on Permanent Labor Certifications. All Dallas Backlog Elimination Center files are being transferred to a new automated system. Once the data entry process is completed, a 45-Day Letter and Selection of Continuation Option letter will be issued on all applications providing a new case ID number and may request additional information from the employer.

If your request is in reference to the following, if acceptable, we will update your information as requested:
* Address updates for attorney, employer, or alien
* Change of attorney (or attorney address changes)
Aliens seeking status must contact their employer or attorney to obtain information.

For frequently asked questions, please visit the following Internet website:

http://atlas.doleta.gov/foreign/faqs.asp

To obtain general information regarding transfer times, please visit the following Internet website:

http://www.workforcesecurity.doleta.gov/foreign/times.asp

To obtain general information regarding the PERM System, please visit the Internet website below or use the e-mail address provided:

www.plc.doleta.gov
PERM.DFLC@dol.gov

There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.

If you are requesting a 7th year extension to an H-1B visa, please send an e-mail to:

h1b7yr@dal.dflc.us

Your patience is appreciated.

 

[sfmars]

GP111 and all Gurus,

My priority date is Oct 2003 and my case moved to Dallas BEC from MI SWA. I havent yet got my 45 Day letter. My 6th year on H1 expires in Feb 2006. That means I can apply for my 7th year extension sometime after Sept this year. My labor was applied in EB3.
There is another company that is offering me a approved labor with a PD towards the end of 2001. But even that labor is in EB3. Their condition is that I have to move to their company immediately. If I do that, can I still apply for my 7th year extension? What will be the different possibilities for me. I am not sure what will be the Cut off dates in October once the quota opens again. If it goes back a lot, then I am thinking that I will be at risk.

Any thoughts and suggestions are greatly appreciated.

Thanks,
Karnish

If you move now you loose your current PD from the old company and
your new PD is going to be July 2005, inspite of the fact that you use old filed LC 2001.

You need phisically be with the new company more than 1 year on the pending LC or 140 to get benefit of 7th year extension (you do not have time for it). You have only 0,5 year left.

I would strongly recommend you not to do it.



I

 

[srignram]

you are fine

GP111 and all Gurus,

My priority date is Oct 2003 and my case moved to Dallas BEC from MI SWA. I havent yet got my 45 Day letter. My 6th year on H1 expires in Feb 2006. That means I can apply for my 7th year extension sometime after Sept this year. My labor was applied in EB3.
There is another company that is offering me a approved labor with a PD towards the end of 2001. But even that labor is in EB3. Their condition is that I have to move to their company immediately. If I do that, can I still apply for my 7th year extension? What will be the different possibilities for me. I am not sure what will be the Cut off dates in October once the quota opens again. If it goes back a lot, then I am thinking that I will be at risk.

Any thoughts and suggestions are greatly appreciated.

Thanks,
Karnish

Hi,
Join your new company and apply 140 immediately.Based on your pending 140 you can apply 7th year extension.If everything goes well you can apply 485 in the oct'05.your Pd is the PD of the substituted Labour.To be 100% sure consult your attorney.

 

[sfmars]

Hi,
Join your new company and apply 140 immediately.Based on your pending 140 you can apply 7th year extension.If everything goes well you can apply 485 in the oct'05.your Pd is the PD of the substituted Labour.To be 100% sure consult your attorney.

140 needs to be 365 days pending to apply for 7th year he does not have this time. PD does not belong to company it belongs to the individual who was originally filed.

 

[volleyball]

I agree too on this point. Although my lawyer wants to make money by initiating me to file for PERM, he pointed out they would have to withdraw the existing labor application and file a fresh one with advts. and the entire gamut...(no guarantee whether it will be approved or not..looking at the no. of denials PERM is giving)

Personally at this point of time when I have filed for my 7th year extension it is not worth a try.... hopefully patience will pay !!

To clarify my point, my case was filed under TR, EB2 in Dec 2002 and moved to regional in Feb04. It is strange that I havent received my 45 day letter yet and my lawyer says its pretty normal. She says that my case will be cleared in one to one and half year from now (her guess), which sounds pretty bad to me. So I was planning on waiting for couple more months to see if I get my 45 day letter. If not I was thinking of converting my case to PERM with the same job application, to preserve my PD. I suppose I can do that since my case was filed in TR.

Do the gurus see any problem with that, any risks associated?? Any ideas why I havent received my 45 day letter and guess's on when the wait for LC ends??

Thanks.

 

[vsaxena]

Since nobody is posting any news about their LC, It looks like that all the active members with PD of 2002 or less has received their approval.

Thanks,

 

[nsk77]

No I have a PD of SEPT 2002 , I have not received my approval yet

EB-2 CA RIR
D-04320-03XXXX

Anyone else in the same boat?

 

[WhyThisDelay]

Incorrect.

That is incorrect.

You CAN file a new application, while also keeping the old one pending. The only catch is that the new application under PERM may get approved very soon (if it is EB3, it can be approved within a week), but you'll have the 2005 PD. So you cannot get EAD anyway.

Your lawyer probably is thinking of the scenario where you want the old PD and expediation of the new PERM process. In that case where you want to file in PERM but keep old PD, you are required to withdraw the old application - which is not recommended given the shakiness of PERM process.

My co. lawyer also told me that all new EB2 PERM applications are expected to be audited no matter what. It may take about 2-6 months in audit. That is why they are reluctant to file new PERM EB2 applications.

Correct..
My lawyer did tell me that he will not file two cases, like keep existing case in BEC and file another in PERM in EB2.

 

[vsaxena]

No I have a PD of SEPT 2002 , I have not received my approval yet

EB-2 CA RIR
D-04320-03XXXX

Anyone else in the same boat?

Same Here!
--------------------
CA RIR
PD Sep 2002

 

[volleyball]

Since nobody is posting any news about their LC, It looks like that all the active members with PD of 2002 or less has received their approval.

Thanks,

I guess you didnt read my mail. I have a PD of Dec 2002 and LC approval is too far for me at this stage. I havent received my 45 day letter yet. No LC news means the processing is stuck at where it was few days back. So "keep waiting" is the name of the game.

 

[sfmars]

Incorrect

WhyThisDelay,

If it is possible could you send me the link where you found that it is possible to file new PERM and keep pending application simultaneously ?

I realize that your lawyer said so but he might have had his own interest to convince you in it.

I think you are not right and your attorney is not right.

That is incorrect.

You CAN file a new application, while also keeping the old one pending. The only catch is that the new application under PERM may get approved very soon (if it is EB3, it can be approved within a week), but you'll have the 2005 PD. So you cannot get EAD anyway.

Your lawyer probably is thinking of the scenario where you want the old PD and expediation of the new PERM process. In that case where you want to file in PERM but keep old PD, you are required to withdraw the old application - which is not recommended given the shakiness of PERM process.

My co. lawyer also told me that all new EB2 PERM applications are expected to be audited no matter what. It may take about 2-6 months in audit. That is why they are reluctant to file new PERM EB2 applications.

 

[SFDoLRd_082003]

PD in 2002....

I wish that were true... I have a PD of Sept 2002 and am still waiting. Quite a few people with Aug-Sept 2002 have gotten their approval.

So, its just some more waiting for a bunch of people like me. What I would like to find out is whether I am in the minority or the majority as far as approvals are concerned.

Since nobody is posting any news about their LC, It looks like that all the active members with PD of 2002 or less has received their approval.

Thanks,

 

[kcnagaraju]

No 45 day letter

Even I am waiting for the 45 day letter. But, some how my attorney got a screen shot showing the correct case details. Even though they entered/updated my case on 11/15/2004, we have not received anything after that (45 day letter). Also the CASE STATUS says "CLOSED"

But, others who applied with me from my company got approved
--
Priority Date;07/15/2002
BEC: Phil