Dallas Backlog Elimination Center Tracking

[RIRhouston]

Zainy!!

Hi ZB,
Could you please check your PM. My case has been moved to TR from RIR too !!
Would really appreciate your help!!
Thanks,
RIR

PD: Feb'03
EB2/TX

 

[sfmars]

Hi sfmars,
I am getting an error message when I click on this link. I don't know if I am the only one getting an invalid link message. Is there any other way we can access this document? Can you copy and paste the entire message here? I would really like to read Mr. Rajiv Khanna's thoughts.

Thanks a million in advance.

Best Regards.

RAYDHAN,

The link now is active. It looks like that many people tryed to look at it simultaneously.

Anyway see attachement

 

[calabor]

If you are from retro affected countries, you are not eligible to change employer for years to come.

If I were you, the best I can do is:
1. File 140 right after labor approval and get 140 approved.
.................
clear PERM in weeks with Aug/2003 PD.

Hi Jnpr,

If one goes back to home country after I140 approval (in order to refill with new 6 years), can one still use the old PD and start from scratch?
OR
Is the PD lost if one refills the 6yr H1B limit?

thanks

 

[late_twenties]

If you are from retro affected countries, you are not eligible to change employer for years to come.

If I were you, the best I can do is:
1. File 140 right after labor approval and get 140 approved.
2.Aggressively find a new position but don’t go until your company real has problem.
3. If you leave your current company after your 140 is approved, you should be able to use the original PD, or Aug,/03 in your case. However, you have to start the GC process from scratch. Maybe it’s not that bad since you will clear PERM in weeks with Aug/2003 PD.

Jnpr, thanks a lot man. thats really the detailed answer I was looking for. I think me and my co workers are doomed. I hope we at least get 140 approved before the company goes crashing.
thanks again.

 

[rest_2004_free]

you can come back and reuse that laborPD+140

YOu can claim that 140, provided you work for the same employer doing the same work. What is the garuntee that company is going to exist in the future, have the same job req for you? That is a question only you and the company can answer.

Is there portability (AC21) for 140 approved people but could not apply 485.

Hi Jnpr,

If one goes back to home country after I140 approval (in order to refill with new 6 years), can one still use the old PD and start from scratch?
OR
Is the PD lost if one refills the 6yr H1B limit?

thanks

 

[cmcindia]

Hi Guys,

What options we have if the screen shot shows approved but LC is not received before end of this month?

 

[CAPD02]

Screenshot

CAPD02,

i would suggest you to keep sending e-mails to the philly and Dallas BEC and i am sure u will get the screenshot. i am very positive about philly BEC.

Make sure that you put appropraite subject in the e-mail.

Good Luck & keep us updated.

Hi

Finally, I received the screenshot, status says RIR. I don't have a luck to file my application prior to Oct 1st. It sucks. Is there any one with PD 2002 dates stll waiting for certification?

Thanks
CAPD02

EB2-RIR-CA
PD: Jun 2002
Case status: RIR

 

[cmcindia]

Hi Gurus,

What options I have if the screen shot shows "Certified" but LC is not received before end of this month? My screen short shows certified.


Thanks

 

[jnpr]

Hi Jnpr,

If one goes back to home country after I140 approval (in order to refill with new 6 years), can one still use the old PD and start from scratch?
OR
Is the PD lost if one refills the 6yr H1B limit?

thanks

This week is the worst I could have since I've been in this country. Start from Manila, I instantly realized it's over. It never occurs to me a hoax.

I am in the same situation as you to look for more options, such as canada, go back for CP, go back to school....

I believe----but do it after you consult lawyer---you can keep your labor certificate and 140 if your GC sponsor is still willing to hire you after several years from now when your PD becomes current.--------in other words, if you get RFE for Employment Verication Letter, your GC sponsor should reply that they are willing to offer your the position.
However, if substitute labor is elimated, I don't know what new policy will affect this.

I don't know if it's okay if you file 485 without W2 since you will not have it if you decide to leave here for a while.

So, basically I have similar questions as yours and we can ask UnitedNations or Ginnu for that.

 

[jnpr]

Hi Gurus,

What options I have if the screen shot shows "Certified" but LC is not received before end of this month? My screen short shows certified.


Thanks

If you go back several pages I had post for this issue, if you are retro affected EB2.

Basically it's worth the trip to go Dallas and wait for every mail person walking or smoking outside the BEC office. If someone is so nice then you get it in person or help to put your certificate in overnight delivery.

 

[calabor]

This week is the worst I could have since I've been in this country. Start from Manila, I instantly realized it's over. It never occurs to me a hoax.

I am in the same situation as you to look for more options, such as canada, go back for CP, go back to school....
...


However, if substitute labor is elimated, I don't know what new policy will affect this.

I don't know if it's okay if you file 485 without W2 since you will not have it if you decide to leave here for a while.

So, basically I have similar questions as yours and we can ask UnitedNations or Ginnu for that.

jnpr and rest_2004_free

thanks for your responses.

My interest is in preserving the PD, not the labor itself [since labor will be fast thru perm].

Assumption: currently one can leave a company A after I140 is approved, join company B, start *labor*, use the PD from company A's labor [but not the company A's labor itself] and apply for [I140 +]485.

tricky situation is: when one leaves company A after the I140 is approved
*and* leaves USA too. Comes back after 1 year overseas stay...thereby getting new lease of 6 years. Joins company B, files *new labor*, then uses the comapny A's labor PD and applies for [I140 +]485.
Only difference between assumption and this tricky situation is the gap of one year overseas. There is no intent to rejoin company A or use company A's labor. Only the PD from company A [since the I140 was approved b4 leaving company A]

All this since PD is the name of the game now rather that labor

thanks

 

[jnpr]

jnpr and rest_2004_free

thanks for your responses.

My interest is in preserving the PD, not the labor itself [since labor will be fast thru perm].

Assumption: currently one can leave a company A after I140 is approved, join company B, start *labor*, use the PD from company A's labor [but not the company A's labor itself] and apply for [I140 +]485.

tricky situation is: when one leaves company A after the I140 is approved
*and* leaves USA too. Comes back after 1 year overseas stay...thereby getting new lease of 6 years. Joins company B, files *new labor*, then uses the comapny A's labor PD and applies for [I140 +]485.
Only difference between assumption and this tricky situation is the gap of one year overseas. There is no intent to rejoin company A or use company A's labor. Only the PD from company A [since the I140 was approved b4 leaving company A]

All this since PD is the name of the game now rather that labor

thanks

If your first employer never revoke your 140, you can transfer your first PD when you apply for 485 through new employer. You can find some memo from google.

 

[shivab]

Carrying forward PD from previous employer

jnpr and rest_2004_free

thanks for your responses.

My interest is in preserving the PD, not the labor itself [since labor will be fast thru perm].

Assumption: currently one can leave a company A after I140 is approved, join company B, start *labor*, use the PD from company A's labor [but not the company A's labor itself] and apply for [I140 +]485.

tricky situation is: when one leaves company A after the I140 is approved
*and* leaves USA too. Comes back after 1 year overseas stay...thereby getting new lease of 6 years. Joins company B, files *new labor*, then uses the comapny A's labor PD and applies for [I140 +]485.
Only difference between assumption and this tricky situation is the gap of one year overseas. There is no intent to rejoin company A or use company A's labor. Only the PD from company A [since the I140 was approved b4 leaving company A]

All this since PD is the name of the game now rather that labor

thanks

I remember reading somewhere:

If the Certified LC is used by company A when you return, PD can not be carried over to next LC you apply from company B

I may be incorrect, but I remember to have read it on immigration-law.com

shivab ;-)

 

[vsaxena]

Hi

Finally, I received the screenshot, status says RIR. I don't have a luck to file my application prior to Oct 1st. It sucks. Is there any one with PD 2002 dates stll waiting for certification?

Thanks
CAPD02

EB2-RIR-CA
PD: Jun 2002
Case status: RIR

I with you, you are better than me. check my signature.

 

[rest_2004_free]

Reusing PDs

If you have a copy of approved 140 notice from comp A, you can reuse it whenever before you die period!

All you have to do is start over with labor in comp B and use the copy of 140 in new 140 filing. You will get the old PD so you can apply 485 easily. I am not sure when you leave comp A and want to join them back....what happens...why do you want to join them anyway...when you can get PERM labor easily.

Law says.... C.F.R. 204.5(e), which states in part:

“A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act [i.e., EB-1, 2, or 3] accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify.”

Also read what Rajiv has to say in the attachment below.

jnpr and rest_2004_free

thanks for your responses.

My interest is in preserving the PD, not the labor itself [since labor will be fast thru perm].

Assumption: currently one can leave a company A after I140 is approved, join company B, start *labor*, use the PD from company A's labor [but not the company A's labor itself] and apply for [I140 +]485.

tricky situation is: when one leaves company A after the I140 is approved
*and* leaves USA too. Comes back after 1 year overseas stay...thereby getting new lease of 6 years. Joins company B, files *new labor*, then uses the comapny A's labor PD and applies for [I140 +]485.
Only difference between assumption and this tricky situation is the gap of one year overseas. There is no intent to rejoin company A or use company A's labor. Only the PD from company A [since the I140 was approved b4 leaving company A]

All this since PD is the name of the game now rather that labor

thanks

 

[calabor]

If you have a copy of approved 140 notice from comp A, you can reuse it whenever before you die period!
..
...
Law says.... C.F.R. 204.5(e), which states in part:

“A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act [i.e., EB-1, 2, or 3] accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify.”

Also read what Rajiv has to say in the attachment below.

thanks rest_2004_free for the quote

regarding rajiv's PDF, I got this idea after reading his highlighted text only!!

only things that bothered me were

1) inability to continue staying in US for whatever reason after I140 approval => what can I salvage
2) Employer withdrawing the approved I140 (probably to sell the labor
or for spite )

the law quote above seems to make it clear that PD is preserved after I140
approval *for the alien* no matter what anybody (employer/employee)
does. clubbed with fast PERM processing, it is some respite for backlogged
folks.

As far as *being fair* goes, it is somewhat fair too...so that employee gets
something in return [PD] and employer gets something to keep [labor]

 

[barbaraliu]

screen shoot

Received screen shoot as a attached jpg file 2 minites ago. The case status is blank. Is that right? Anyone is in same situation?

 

[Days_go_by]

barbaraliu

Not sure why it is blank for u, but there were some cases when BEC staff erased off status from the screen shot to discourage people from sending them emails.

 

[komalk]

exact PD

Pretty much what the title says

What is you exact PD?

 

[barbaraliu]

thanks, days go by

Thanks for your kind reply. Where are you get this information? Are you sure? I sent email to PHI, but DALLas replied.

Not sure why it is blank for u, but there were some cases when BEC staff erased off status from the screen shot to discourage people from sending them emails.