Dallas Backlog Elimination Center Tracking

PD belongs to the person who was filed not to the company.
If they really have approved I140 you will not get benefit of it (because it is not transferable), the only thing you will get is approved their LC.
But your PD will become the date when they file I140 for your, but not 2004

I Think it is possible to substitute I140 for someone else before it is approved
in this case you could save time in line of waiting approval of I140. But if it is already approved for someone I do not think it is possible

SaiWelcome said:
Hello Friends,


i dont know whether it is right forum to post. sorry for that.

I got an offer from a company , they say they have approved I140.

They are willing to substitue for me.

My present company LC is pending at PBEC from Oct 2003.(Regional-RIR)

My sixth year h1b will be over by March 2006. My present company already filed for 7th year H1B extension.


The new company is saying they can get three years H1B extension based on Approved I140 they have.

I dont know how they can do that, is it possible? please let me know.


This is the message i got from new company:

-----------------------------------------------------------------
The priority date of this labor is Sep 2004, and its EB3. There has been
talks that suggest, that both EB2 and EB3 might become current again in
next 3-4 months(so there is no difference between EB2 and EB3 now, even
now both are pushed back to almost same date)

On the basis of this approved I-140, we can do 3 years of
H1B extension.
You will not be anymore dependent on his current GC or labor or h1B(what
ever extension), you will now be dependent on this
approved labor/I-140, and will get immediately 3 years extension on H1B

We will not be interested to apply this I-140 for anyone, who wants us to
wait, and join. very soon, a new law is almost finalized, where
labor/I-140 cannot be substituted.
------------------------------------------------------------

please advice.

Thanks
Click to expand...
 
140 Substitution

SaiWelcome said:
I got an offer from a company , they say they have approved I140.

They are willing to substitue for me.

My present company LC is pending at PBEC from Oct 2003.(Regional-RIR)
Click to expand...

Never heard that an approved 140 is transferrable. From the text that the new firm might have an approved LC thru PERM for you. You may have to bet on IF S1932 will become a law with its entirety regarding the EB retro issue.

I would check the situation with a reputable and trusted lawyer first before making any move.

Best wishes;
i-for-a-change
 
Any one with Dec 2004 PD receive a 45 day letter yet...please post

---------------------------
PD - 12-23-04
Case source : state
type: RIR
State: MN
 
Backlog DOL in deep sleep.

Has anyone received 45 day letters / approvals recently. It looks like DOL is settling in for the long holiday season now when they will go into hibernation. There has been no visible movement of PDs or 45 day letters recently.


The situation is getting bleaker every day......
 
vladys said:
:)Any one with Nov 2004 PD receive a 45 day letter yet...please post

---------------------------
PD - 11-23-04
RD - ?
ETA Case#05214 -xxxxx
Screen shot info:
Case source : state
type: RIR
State: MI
Click to expand...


I have been a silent reader of this group for a while. My PD is also November 2004. My state is Ohio. I received my 45 day letter in March 2005. I will write all my details later so you can put it in the tracker.
 
Thanks

sfmars said:
PD belongs to the person who was filed not to the company.
If they really have approved I140 you will not get benefit of it (because it is not transferable), the only thing you will get is approved their LC.
But your PD will become the date when they file I140 for your, but not 2004

I Think it is possible to substitute I140 for someone else before it is approved
in this case you could save time in line of waiting approval of I140. But if it is already approved for someone I do not think it is possible
Click to expand...


Thanks a lot.
 
Thanks

i-for-a-change said:
Never heard that an approved 140 is transferrable. From the text that the new firm might have an approved LC thru PERM for you. You may have to bet on IF S1932 will become a law with its entirety regarding the EB retro issue.

I would check the situation with a reputable and trusted lawyer first before making any move.

Best wishes;
i-for-a-change
Click to expand...

Thanks a lot.
 
sfmars said:
PD belongs to the person who was filed not to the company.
If they really have approved I140 you will not get benefit of it (because it is not transferable), the only thing you will get is approved their LC.
But your PD will become the date when they file I140 for your, but not 2004

I Think it is possible to substitute I140 for someone else before it is approved
in this case you could save time in line of waiting approval of I140. But if it is already approved for someone I do not think it is possible
Click to expand...

sfmars,

One correction about PD in case of labor substitution.

When a person substitutes the approved labor and files I-140 then the PD would be original PD of labor rather then I-140 filing date.

For ex. Company 'A' files a labor for Person 'X' on 10/10/2002 (PD) which got approved on 10/10/2004. Then, Company 'A' substitutes the approved labor for person Y on 9/10/2005 by filing I-140 on 09/10/2005 then the PD for person Y would be 10/10/2002.

I-140 substitution is not possible. Only way is to withdraw approved I-140 and re-file new I-140 using labor substitution.
 
Last edited by a moderator:
Perm or Reg - definately Perm

Hi everyone,

My employer emailed me today , telling me my PERM was approved.

Applied: October 5, 2005
PERM PRocessing Center = Atlanta
Job: Sr Programmer Analyst
Bachelors Degree + 5 Year Experience
EB2

Thanks in advance for all the wishes.

Now for I-140 - does anyone have like a list of docs required and which center to follow for PERM from Atlanta?

Thx
PermOrReg - Definately Perm
 
I am waiting too

My PD 8/2002


xxxyyyzzz said:
Folks:

Is there anyone else out there who has still not got certified

here are the details of my application

MI RIR/EB3
ETA Case: D-05005-XXXXX
PD: 12/2002
45 Day Letter: 02/2005
screenshot shows status as blank

is there a way to find out whether the LC has been certified?
Click to expand...
 
dsugandhi,

Absolutely Not.

You can not inherit PD. If you have your LC approved and I140 you can own PD it is your forever even if you change employer in the different region and different position you use your old PD.

But if you get a new job at the different employer and got his substituted LC, your PD will become today's date.

I would like to be wrong if you find any facts agains it.



dsugandhi said:
sfmars,

One correction about PD in case of labor substitution.

When a person substitutes the approved labor and files I-140 then the PD would be original PD of labor rather then I-140 filing date.

For ex. Company 'A' files a labor for Person 'X' on 10/10/2002 (PD) which got approved on 10/10/2004. Then, Company 'A' substitutes the approved labor for person Y on 9/10/2005 by filing I-140 on 09/10/2005 then the PD for person Y would be 10/10/2002.

I-140 substitution is not possible. Only way is to withdraw approved I-140 and re-file new I-140 using labor substitution.
Click to expand...
 
dsugandhi said:
sfmars,

One correction about PD in case of labor substitution.

When a person substitutes the approved labor and files I-140 then the PD would be original PD of labor rather then I-140 filing date.

For ex. Company 'A' files a labor for Person 'X' on 10/10/2002 (PD) which got approved on 10/10/2004. Then, Company 'A' substitutes the approved labor for person Y on 9/10/2005 by filing I-140 on 09/10/2005 then the PD for person Y would be 10/10/2002.

I-140 substitution is not possible. Only way is to withdraw approved I-140 and re-file new I-140 using labor substitution.
Click to expand...

dsugandhi:

I think you are wrong. In Labor Substitution the new beneficiary's PD is the day he files his I-140 NOT the PD of the Labor.

So, in some sense justice is served now since all categories are heavily retrogresed. Unscrupulous employers or consultants cannot trade substitute LC as the PD comes into play.
 
This is a scam and an insult!!!!

Unbeleivable!

The "rest of the world" moved only 15 days, whereas India EB-3 moved a whole year!!!
Come on, give me a break!!!!! This is ridiculous!!!

Just mo make things clear: I have nothing against poor souls waiting since '98 or '99, but I am sure us "others" should have moved more than 15 days in 2 months!!!

Crazy!!!
 
genemaster said:
Unbeleivable!

The "rest of the world" moved only 15 days, whereas India EB-3 moved a whole year!!!
Come on, give me a break!!!!! This is ridiculous!!!

Just mo make things clear: I have nothing against poor souls waiting since '98 or '99, but I am sure us "others" should have moved more than 15 days in 2 months!!!

Crazy!!!
Click to expand...

You must feel happy that they moved 15 days for others means people filed in those 15 days PD will get there GC.
But in case of the poor souls do u believe anybody still alive here if he has filed in 1998 and waiting for GC, No way . This means real snail pace processing will start now for these poor souls in next couple of months later. They must be just reconciling there visa numbers.

My guess is there may be ppl waiting since 2000-1 only and definetly not earlier folks.( except some freak cases of Name check.deniels.etc..)
 
Screen Shot

Hi! Mjee and all.

Even your case is in Dallas for screen shot send request to Phily.
Also if your case is approved there will be no Status field.

When my case was in process the CASE STATUS was shown as RIR and after it is approved it does not show case status.

Good Luck
 
Strange case

Mine is a strange case, my case was filled in delaware under x company , it got transfered to regional on sep 04, when i looked up the tranfer letter lately that my lawer sent to me, i found my labour was filled under a different company name(which i haven't heard), when i asked my lawer he is saying that he havn't heard about that company either and saying DOL screwed up my case he said that he is going to mail DOL about that.
Now i am in my 7 th year extension and i even got that under my present company when i used that transfer letter from different company, i don't know whats happening, now i have to file for my 8th year extension.

Any suggestion is appreciated
 
I've seen this somewhere before

genemaster said:
Unbeleivable!

The "rest of the world" moved only 15 days, whereas India EB-3 moved a whole year!!!
Come on, give me a break!!!!! This is ridiculous!!!

Just mo make things clear: I have nothing against poor souls waiting since '98 or '99, but I am sure us "others" should have moved more than 15 days in 2 months!!!

Crazy!!!
Click to expand...

Guys,

This is very similar to going for dinner to a busy and understaffed restaurant on a friday night. They are using the same tactics:

You arrive there to find a Huge population waiting for a table. You approach the host - they tell you its going to be an Hour and a half wait time (PD).

You look at the crowd waiting (Visa bulletin) and decide its probably true. You therefore leave hoping to find another place that doesnt have a wait.
This is what they want: they dont really want you to wait - they want to "clear the queue and go" because the staff cant handle the load anyway

People who stay and try and ride out the wait (retrogressed visa queue) generally notice that they get their table within 30 minutes. SO 1.5 hours was a "LIE" and grossly overestimated (hence 1 yr queue moves in 1 month).

While waiting you also notice that people who came after you get a table quicker (PERM) and this is due to several factors including number of people in a party (2 vs 4). Highly frustrating ! however on second inspection you will find that they havent progressed very far and just made it to the bar to have drinks while they are waiting (LC cleared but cant file 140 or 485).

Some people get adventurous and pay a person to wait for 1.5 hours who will call the original party when the table is ready. (Labor substition).

Finally i would like to conclude by saying that there is no method to the madness here. USCIS are well and truly a lost cause as an Organisation.
The best thing to do is not get depressed and look for other options - this is what the USCIS want with their PD retrogression message.

Hang in there, Stick it out - the people who dont will open the opportunity for people who do !
 
Indio - Actually you are wrong here.

I've read about this in extensive discussions in labor substitution forum. Actually the USCIS is suppose to give PD of the date when the person filed 140/485 with substitute labor.

But actually USCIS give the PD of the old labor to the new substitute case. USCIS itself does not seem to know the law, that it is suppose to enforce. :D

indio0617 said:
dsugandhi:

I think you are wrong. In Labor Substitution the new beneficiary's PD is the day he files his I-140 NOT the PD of the Labor.

So, in some sense justice is served now since all categories are heavily retrogresed. Unscrupulous employers or consultants cannot trade substitute LC as the PD comes into play.
Click to expand...
 
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