Dallas Backlog Elimination Center Tracking

wrong

GC_from_NJ said:
I would suggest that you wait for your exisiting labor to get cleared since with a substitute labor you would end up losing your old PD when you file I-140. If you are a EB3 case then you are talking about another 3-4 years before you can file 485 (thanks to retrogression). But if you a EB2 case then it might be helpful till it retrogresses which is possible in Oct'05.

Use your judgement wisely... good luck !!
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with substitue Labour,the PD is actually PD of the substituted Labour.Meaning if the PD of the original Labour is say oct'02 then the Pd the substitute dperson is the same.
 
JustWatching said:
I think your attorney may be stretching the truth a little bit.

Labor certification is step 1 of the green card process which is/can be for future employment.

You could have employer A submit your LC but be working for employer B. You could in fact get a 7th year extension of your H1 with employer B based on the pending LC with employer A.

In this case employer A or their attornies have no interest in getting proof of a pending labor certification. However, employer B and you do have an interest in getting such proof. In which case someone other than employer A or their attorney needs to have access to proof of your pending LC.

As for this comment: " Such contact can sometimes result in delaying
the adjudication of an application." - I seriously doubt they have enough data points from the BPC to know whether this is true or not. In fact, if they were actually keeping track of who is requesting proof of filing they would have denied proof to people who have requested this information on multiple occassions.

Finally, I am not advocating that anyone abuse the e-mail address used to request 7th year extension proof. Anyone who does so, does at their own risk.

Good luck, all
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You have a point there my friend.
But, I think it's better to follow a professional's advise and not send the email individually ourselves and rather have our employer/lawyer contact the BEC.
Thanks and appreciate your response!
 
rdalls said:
Hey Bobby,

First of all congratulations for your LC certification. Hey i've quick question
initially your case was Closed and then you contacted your lawyer and they
reopened your case right? Could you please tell how long that process took?

I'm also in same boat my case was closed (even 45 days letter reply sent)and after that i contacted my hr/lawyer. My lawyer sent an enquiry to BEC. After that i haven't heard anything from lawyer.

Thanks
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sorry to hear that. i was just as concerned when i saw my case status closed. i requested the first screen shot based on the old 008XXXX number i had and i got a reply which stated the new assigned eta #(D-048something), and it stated case status as closed. i immediately called my attorney and she immediately gave another eta #(D-05124-XXXXX). I then requested another screen shot and it stated my case as 'RIR' status. There was a glitch in the DBEC system which was closing cases automatically even after repoying to the 45dl. I didn't ask my attorney but I assume that she got a notice of my case being closed and she probably had them reopen it. The first screen shot (one with case status closed) showed some case recieved processing date of feb/02/2005 and the second scree shot (with the case status 'RIR') showed the case received date of 05/05/2005. i guess it took them 3 months to reopen my case. the bottom line is that my lc was approved the same time others (ones with w/o case status 'closed' problems) were approved. In other words reopening the case didn't set me back. I dont know if my case being in EB2/RIR category made any difference or not. You or your company is paying the lawyers so i think its within reason to inquire again with your attorney every three weeks or so to check on the status. After all any kind of setback, errors or unforseen problems(from dbec side) delays you not anyone else. hope it helps. i feel for you. take care and good luck.
bobby
 
How long?

How long does it take to get the case certified?
If the case status is in final review on August 23th?
 
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JustWatching said:
I think your attorney may be stretching the truth a little bit.

Labor certification is step 1 of the green card process which is/can be for future employment.

You could have employer A submit your LC but be working for employer B. You could in fact get a 7th year extension of your H1 with employer B based on the pending LC with employer A.

Do you know personally those people who use this " wonderful benefit" ?


In this case employer A or their attornies have no interest in getting proof of a pending labor certification. However, employer B and you do have an interest in getting such proof. In which case someone other than employer A or their attorney needs to have access to proof of your pending LC.

As for this comment: " Such contact can sometimes result in delaying
the adjudication of an application." - I seriously doubt they have enough data points from the BPC to know whether this is true or not. In fact, if they were actually keeping track of who is requesting proof of filing they would have denied proof to people who have requested this information on multiple occassions.

It is not a problem at all to keep track of those individuals. Everything is in their Sent Items box of their mail client.



Finally, I am not advocating that anyone abuse the e-mail address used to request 7th year extension proof. Anyone who does so, does at their own risk.

Good luck, all
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Got approved at DBEC

My LC got approved. PD is Aug 2001, RIR. Approved on 14 april 2005 but just recieved the copy today. Good luck. :)
 
final review

barbaraliu said:
you think 'final review' means 'will be certified'?
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Even I am in the same boat,, final review,, but I saw a post like 3 days ago,, where it is in final review on 8/10/2005 and approved on 8/18/2005,, so final review is almost certified,, but it is pending at the officer to certify it.
 
barbaraliu said:
you think 'final review' means 'will be certified'?
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I hope it means it'll be certified soon. But the question is how long will it take for the status to change from final review to certified status??????
 
hmattaparti said:
Even I am in the same boat,, final review,, but I saw a post like 3 days ago,, where it is in final review on 8/10/2005 and approved on 8/18/2005,, so final review is almost certified,, but it is pending at the officer to certify it.
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I saw that post too but we don't know how long the case was in final review stage. I mean that person requested the screen shot on 8/10/2005 so maybe it was in final review for weeks or months before that.
 
I am sorry buddy but your information is wrong. Please check your sources before you put this information in the forum.

I have got this information from articles published on the immigration websites.

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 transferable to another alien.


srignram said:
with substitue Labour,the PD is actually PD of the substituted Labour.Meaning if the PD of the original Labour is say oct'02 then the Pd the substitute dperson is the same.
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GC_from_NJ said:
I am sorry buddy but your information is wrong. Please check your sources before you put this information in the forum.

I have got this information from articles published on the immigration websites.

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 transferable to another alien.
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You are right. However, INS has been using the prior labor's PD as the substituted labor's PD. Ask Lawyers you have experience with substitution. (this was also posted on murthy.com - I do not remember the link)
 
How about the buzz “One can not have 2 LC pending in BEC/PERM”.

I had a LC with my previous employer in NJ with PD 6/6/2002 and had to move to a new employer as ‘MY VERY DESHI’ employer stopped my Medical Insurance suddenly and also every month when it was the time for my payroll, the accountant used to go for leave for 2/3 weeks. In my 3 years with them, I was not on the bench for a single day.

And now, I am with a new employer and how can I say my previous employer to withdraw my LC? They didn’t even take my call after I left and recently all 2 phone numbers says ‘# not in use’ and also no web page as the domain has expired.

Can some one please shed some light? In many cases, I think some employer has already closed the shop. How I can withdraw my previous LC when my previous employer is not even existed??
 
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still in final review.

From the screen shot I recieved today 8/23/2005, I think the CA- RIR cases are in still in mid February coz my PD is 2/20/2003 and it's still on final review stage.
 
should not be a problem

Its like this "One can not have 2 LC pending in BEC/PERM” for the same employer".

Since you are with an other employer now, it shouldnt matter at all.

s_chicago said:
How about the buzz “One can not have 2 LC pending in BEC/PERM”.

I had a LC with my previous employer in NJ with PD 6/6/2002 and had to move to a new employer as ‘MY VERY DESHI’ employer stopped my Medical Insurance suddenly and also every month when it was the time for my payroll, the accountant used to go for leave for 2/3 weeks. In my 3 years with them, I was not on the bench for a single day.

And now, I am with a new employer and how can I say my previous employer to withdraw my LC? They didn’t even take my call after I left and recently all 2 phone numbers says ‘# not in use’ and also no web page as the domain has expired.

Can some one please shed some light? In many cases, I think some employer has already closed the shop. How I can withdraw my previous LC when my previous employer is not even existed??
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s_chicago

I thnik the rule says one LC per employer. So, if u have LC from two different employers that rule doesn't apply.
 
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