Dallas Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
Yes. That is the law. But INS doesnt follow that law and assigns the PD of old labor. [I dont know how consistent they are with not following the law] I had read this on murthy.com sometime ago as well confirmed from a lawyer. But again, obviously its a HUGE risk as you are expecting that INS will not follow the law in your case.GC_from_NJ said:SS - Well then good luck to you !!Hope your source is correct !!
Guys/Gals - Please check with your employer/lawyer before anybody is apprehending the substituion path since losing your PD might jeopardize one's career plan. I have cross checked with my lawyer who is one of the top immigration lawyer in the east coast and he told me the same.
justdoit said:
You are right that INS does mistakes everywhere. I know that very often they gave 3 years extension of H1 for the people who are on the 6th year of H1 and who did not have LC or I-140 pending.
But if sometime they realize that they did mistake in the past and you got Green Card using not a right procedure they revoke your GC and even citizenship, in the best case scenario you will be rolled back to the point where they did mistake.
They do not accept excuses that you were not aware about their mistake and that's why did not warn them.
NIW applicant
Registered Users (C)
Hi....I'm a pediatrician too!!
When I asked them for a screen shot, I told them that my H1B is expiring in April '07. Philly replied right away. Send them the mail early morning, they don't seem to reply to mails sent to them after 2 pmm CA time.
Let me know if you're certified. Good luck.
When I asked them for a screen shot, I told them that my H1B is expiring in April '07. Philly replied right away. Send them the mail early morning, they don't seem to reply to mails sent to them after 2 pmm CA time.
Let me know if you're certified. Good luck.
jaydsai said:NIW applicant, our PD and states are the same. I tried to get screen shot from PBEC and DBEC twice on successive days. no reponse.
PD 01/29/03
RD 12/17/03
EB2/CA/RIR/Pediatrician
45 day letter received and replied to in 02/05
7th year H1B expires in 06/06
Screen shot request @ PBEC and DBEC times 2: no response
WhyThisDelay
Registered Users (C)
No - you would not want to re-file under PERM
You cannot re-file in PERM if the employer is same (unless you are ready to accept that your old application will be denied). If that happens, you'll be stuck with a 2005 PD - which is way worse than May 2003 PD.
I'm in the same boat (April 2003 PD) and was considering re-filing under PERM EB2 - but I've almost given up due to new rules that USCIS/DOL published 2 weeks ago. For your benefit I'm copying and pasting the summary of new rules from the immigration-law.com website:
08/11/2005: "One Employer-One Employee-One Labor Certification" Principle Adopted by DOL
According to the Frequently Asked Questions Round 5 which was released yesterday, the DOL will recognize and certified only one labor certification for one employee by the same employer regardless of identical job or different job (Principle of One Labor Certification for One Employee Only with One Employer). Accordingly, effective August 31, 2005, the DOL will take following actions:
PERM Cases:
(1) Once one PERM case is certified, all other PERM applications filed by the same employer for the same employee will be denied regardless of same job or different job.
(2) Once one PERM case is certified and any backlog case is pending at the Backlog Processing Centers for the same employee, regardless of same job or different job, the Backlog Center will issure Notice of Findings to deny the pending backlog cases.
Backlog Cases:
Once one backlog case is certified, any other cases pending at the PERM National Processing Centers or the Backlog Processing Centers will be denied.
Revocation of Multiple Certified Cases:
Should they learn that multiple applications have been inadvertently certified for the same employer and the employee, regardless of same job or different job, all the cases which have been certified after the first case certification will be revoked by the DOL. Only first certified case will thus survice.
If the DOL inadvertently certified both PERM application and the backlog application, regardless of the sequence of the certifications, the DOL will revoke the PERM application.
Multiple Pending Cases:
When an application is pending, employer must first withdraw a pending application before a new application is filed for the same employee.
If Employer filed multiple cases and all these cases are pending, only the application which was filed "last" will be certified and all other cases which were filed prior to the last case filing will be denied.
For the details, read the full text of PERM FAQ Round 5.
You cannot re-file in PERM if the employer is same (unless you are ready to accept that your old application will be denied). If that happens, you'll be stuck with a 2005 PD - which is way worse than May 2003 PD.
I'm in the same boat (April 2003 PD) and was considering re-filing under PERM EB2 - but I've almost given up due to new rules that USCIS/DOL published 2 weeks ago. For your benefit I'm copying and pasting the summary of new rules from the immigration-law.com website:
08/11/2005: "One Employer-One Employee-One Labor Certification" Principle Adopted by DOL
According to the Frequently Asked Questions Round 5 which was released yesterday, the DOL will recognize and certified only one labor certification for one employee by the same employer regardless of identical job or different job (Principle of One Labor Certification for One Employee Only with One Employer). Accordingly, effective August 31, 2005, the DOL will take following actions:
PERM Cases:
(1) Once one PERM case is certified, all other PERM applications filed by the same employer for the same employee will be denied regardless of same job or different job.
(2) Once one PERM case is certified and any backlog case is pending at the Backlog Processing Centers for the same employee, regardless of same job or different job, the Backlog Center will issure Notice of Findings to deny the pending backlog cases.
Backlog Cases:
Once one backlog case is certified, any other cases pending at the PERM National Processing Centers or the Backlog Processing Centers will be denied.
Revocation of Multiple Certified Cases:
Should they learn that multiple applications have been inadvertently certified for the same employer and the employee, regardless of same job or different job, all the cases which have been certified after the first case certification will be revoked by the DOL. Only first certified case will thus survice.
If the DOL inadvertently certified both PERM application and the backlog application, regardless of the sequence of the certifications, the DOL will revoke the PERM application.
Multiple Pending Cases:
When an application is pending, employer must first withdraw a pending application before a new application is filed for the same employee.
If Employer filed multiple cases and all these cases are pending, only the application which was filed "last" will be certified and all other cases which were filed prior to the last case filing will be denied.
For the details, read the full text of PERM FAQ Round 5.
sanjay_kapasi said:
GC_from_NJ
Registered Users (C)
I agree with your views. It is better to be safe than sorry. You can never predict how INS may screw your happiness by using guidelines issued by them.
sfmars said:
scorp29
Registered User Join Date: Dec 2004
Posts: 9
Sorry bro cheer up
pd:01APRIL2001
+++++++++++++
Quote:
Originally Posted by davidyee
Am I the oldest in the Queue? Still nothing happened.
PD: Jul, 2001
+++++++++++++++++++++++++++++++++
If your case is in Dallas, RIR, 45 day letter replied, Approved by the state and made to region--no remand, notice of finding, request for evidence etc, you should be in the Queue.
You should ask your lawyer/employer to make a request in case your PD/Process Type/Case Source was changed.
Registered User Join Date: Dec 2004
Posts: 9
Sorry bro cheer up
pd:01APRIL2001
+++++++++++++
Quote:
Originally Posted by davidyee
Am I the oldest in the Queue? Still nothing happened.
PD: Jul, 2001
+++++++++++++++++++++++++++++++++
If your case is in Dallas, RIR, 45 day letter replied, Approved by the state and made to region--no remand, notice of finding, request for evidence etc, you should be in the Queue.
You should ask your lawyer/employer to make a request in case your PD/Process Type/Case Source was changed.
Last edited by a moderator:
WhyThisDelay
Registered Users (C)
Icarus - has the temp. data entry been completed?
As per JustWatching's spreadsheet's projections it was estimated to finish on 8/19. Has it finished yet and has the DBEC commenced the full data entry?
Thanks in advance for your valuable inputs.
As per JustWatching's spreadsheet's projections it was estimated to finish on 8/19. Has it finished yet and has the DBEC commenced the full data entry?
Thanks in advance for your valuable inputs.
activex111
Registered Users (C)
WhyThisDelay, gp111, gurus
I am in a similar boat with PD 5/03 and EB3. My position was EB2 but lawyer filed in EB3 because at that time EB2 and EB3 were same and he said that EB3 usually clears faster. arghhh! anyway, my lawyer also told me that if I file PERM, it will be a problem and I will loose original PD. However, he suggested another option of filing through our sister company as a new application in PERM /EB2 and keep both application. Even though I work for the owner company, I am involved in a lot of acitivities with this sister company we own. This sister company is a separate company for all purposes on paper (different tax id, slightly different name etc). Is this possible? are there any risks involved? if I get my labor from both applications, can I use either one which allows me to file 485 first? please give your thoughts
I am in a similar boat with PD 5/03 and EB3. My position was EB2 but lawyer filed in EB3 because at that time EB2 and EB3 were same and he said that EB3 usually clears faster. arghhh! anyway, my lawyer also told me that if I file PERM, it will be a problem and I will loose original PD. However, he suggested another option of filing through our sister company as a new application in PERM /EB2 and keep both application. Even though I work for the owner company, I am involved in a lot of acitivities with this sister company we own. This sister company is a separate company for all purposes on paper (different tax id, slightly different name etc). Is this possible? are there any risks involved? if I get my labor from both applications, can I use either one which allows me to file 485 first? please give your thoughts
WhyThisDelay said:
nutcracker1978
Registered Users (C)
Case Screenshot says certified
The case screenshot I received today shows my case in the 'certified' status. Seems that DBEC is moving as expected (I had estimated Aug/Sep as certifying date). Will update once I get the hard copy.
Regards.
The case screenshot I received today shows my case in the 'certified' status. Seems that DBEC is moving as expected (I had estimated Aug/Sep as certifying date). Will update once I get the hard copy.
Regards.
antonioa77
Registered Users (C)
WhyThisDelay said:
where do i find this spreadsheet projection? and what is the projection estimate for finsihing full data entry? thanks
WhyThisDelay
Registered Users (C)
Aaah.. this is complicated. I dont know the answer to this. But here is my "guess"
Theoratcially it seems feasible since you are filing LC under new employer, but I see 3 problems with it right away:
1) In almost all the 3 stages, you are required to send copy of your W2 forms. I've seen in I140/485 forums a lot of people get investigated on their W2s. So if you use the sister company's LC approval, and in 140/485 get probed for your W2 - your W2 will have the name/tax id of your original company. My guess is that this can result in denial (although I'm not expert on I140/485 matters - so take this guess with a pinch of salt). A way to find more on this is to post this in I140/485 forums and see what people there reply.
2) With DOL/USCIS you cannot be sure when they'll change rules again. Although I'm sure people with this kind of opportunity are rare, but they might come up with a rule tomorrow that an individual can have only one application pending irrespective of old/new/future employer. If they come out and enforce this rule - you might get stuck with a LC with a 2005 PD.
3) In general this seems weired (you working for one company and filing labor on behalf of sister company which does not pay you). Do a lot of research , if possible consult a second attorney before you file another application. Be advised that EB2 is not a sure shot way to bypass retrogression. It takes more time to get cleared under PERM and will be retrogressed soon. So make informed decisions.
Good luck.
Theoratcially it seems feasible since you are filing LC under new employer, but I see 3 problems with it right away:
1) In almost all the 3 stages, you are required to send copy of your W2 forms. I've seen in I140/485 forums a lot of people get investigated on their W2s. So if you use the sister company's LC approval, and in 140/485 get probed for your W2 - your W2 will have the name/tax id of your original company. My guess is that this can result in denial (although I'm not expert on I140/485 matters - so take this guess with a pinch of salt). A way to find more on this is to post this in I140/485 forums and see what people there reply.
2) With DOL/USCIS you cannot be sure when they'll change rules again. Although I'm sure people with this kind of opportunity are rare, but they might come up with a rule tomorrow that an individual can have only one application pending irrespective of old/new/future employer. If they come out and enforce this rule - you might get stuck with a LC with a 2005 PD.
3) In general this seems weired (you working for one company and filing labor on behalf of sister company which does not pay you). Do a lot of research , if possible consult a second attorney before you file another application. Be advised that EB2 is not a sure shot way to bypass retrogression. It takes more time to get cleared under PERM and will be retrogressed soon. So make informed decisions.
Good luck.
activex111 said:
nutcracker1978
Registered Users (C)
My PD
My exact PD = 02/05/03
My exact PD = 02/05/03
msbspv said:
WhyThisDelay
Registered Users (C)
Go back to page 437 of this forum. Look for JustWatching's post there. He has link to his excel spreadsheet on that page/post.
The projected date for completion of full data entry is 12/26/05
The projected date for completion of full data entry is 12/26/05
antonioa77 said: