Dallas Backlog Elimination Center Tracking

"LEGALS FIRST", April 14th, 2006

All,

Please join and show your support for the legal immigration reform process on "LEGALS FIRST" day, April 14th.

Wear a sticker or label that says "LEGALS FIRST": also, spread the word so that your office colleagues and friends support this cause too.

The Silent Majority must speak out!

details at: http://legalsfirst.blogspot.com
 
eb2kid said:
No need to worry at all about this! You shoudl be super confident.

Read this extensive analysis of mine: http://www.immigrationportal.com/showthread.php?t=189293

Especially the latest additions in January show in a very convincing fashion, using concrete numbers, why EB2 worldwide has no risk of retrogression at all.
Click to expand...

eb2kid,

You may remember me if not, read the next post in the link you have pointed out. USCIS is the big lottery, what makes you to be so sure that you will not be enforced by USCIS to move from EB2 to EB3. I was told that there are several people who were enforced in NSC to be moved from EB1 to EB3. You may know that NSC is going to take care all I-140, and it will decide itself whom they need to forward to Texas.

Are you sure that your position requires advanced degree ?
Even if you are University professor or heart surgeon, you never can not be sure.
 
Pending Labor

Please share your thoughts / knowledge / advise if this approach is advisable.

Should one file 2nd labor under PERM in different position. I understand it will give me current priority date. I am thinking about keeping both BEC and PERM case open, then file I-140 of both once I receive approval from both of them.

Reason I am thinking about PERM filling is I am in 7 th year H1 extension, so I can get 3 year H1 extension. And just in case my BEC case is not approved for another 3-4 years then I will have PERM approval in my hand.

But, I am not sure, what other points one need to make sure before filling 2nd Labor. Please advise.

Like

1. Is there some clause about 2nd labor having 50% different responsibilities than your current one
2. Do I have to show that I have 'different' experience prior to filing the LC.

------------------

EB2 RIR
PD: 07/2002
45-day letter: Not yet
Case Number: D-4280-xxxxx

-------------------
P.S. Send me emails alternatively at viveaga@yahoo.com
 
sfmars said:
eb2kid,

You may remember me if not, read the next post in the link you have pointed out. USCIS is the big lottery, what makes you to be so sure that you will not be enforced by USCIS to move from EB2 to EB3. I was told that there are several people who were enforced in NSC to be moved from EB1 to EB3. You may know that NSC is going to take care all I-140, and it will decide itself whom they need to forward to Texas.

Are you sure that your position requires advanced degree ?
Even if you are University professor or heart surgeon, you never can not be sure.
Click to expand...

sfmars, I have never heard this before. Can you point me to posts on immigratinoportal where people share this incident?

While this may happen, I think the chance of it happening is tiny.

Remember, there is also a tiny chance that you get unlucky and will be stuck in name check for 3 years.

You could also be diagnosed with cancer and die before your greencard is issued.

You should not take these very unlikely scenarios and assume they they will happen, it wont make your life very enjoyable.

If you are EB2, I think the vast majority of ppl get an EB2 I-140.

Also, while I agree with you there is uncertainty in terms of workload, there is also such a thing as statistics. And looking at the numbers from last year (as posted in my thread).. it looks very promising this year for EB-2 Rest of World.

In terms of uncertainty: everybody is eagerly awaiting the new immigration bills. In fact, I personally am very nervous about them. Suppose they suddenly pass a guest worker program and 11 million aliens will file forms with the existing service centers. Not due to priority dates, but due to sheer volume of applications, we might end up in a mess a lot worse than all teh backlogs previously.

For EB2 Rest of World, I think enacting new immigration bills before their GC is all done is probably the riskiest thing, in my opinion.
 
eb2kid said:
sfmars, I have never heard this before. Can you point me to posts on immigratinoportal where people share this incident?
Click to expand...

I am not sure what incidents you mean, if it is EB2->EB3 see examples of the people which I found easily on the NSC tracker. (I did not even look at other)

http://boards.immigrationportal.com/showpost.php?p=1198787&postcount=596
http://boards.immigrationportal.com/showpost.php?p=1135965&postcount=540

Unfortunately there is no separate thread kind of Enforcement EB2->EB3,
but you can trust me that since 1999 I saw a lot of people who were enforced from EB2->EB3. It is kind of standard INS practice.

In the second example (in the current conditions) if that guy started to work based on EAD or crossed the border based on AP becames out of status right away.

Just check I-140 theread forum you will find denials of EB1/EB2/EB3 and enforcements to move from EB2 to EB3
 
EB3 to EB2 Perm ?

Gurus,
I had two questions to ask and need someone's brahmgyan on these two questions.

My Labor is in EB3 category and it's in the DBEC (priority date is July 2004) currently.

(1) Can I apply for a new labor under perm with EB2 category without canceling my old EB3 labor with a different employer?
If answer to above question is yes then can I transfer my priority date from old (EB3) labor to EB2 (perm)?

(2)If I change my employer with who I applied my labor in July 2004 with EB3 category and apply in perm with same EB3 category but with different employer then can I transfer my priority dates from old EB3 labor to the new EB3 (perm) labor or it has to be same employer?

Please through me some light on it. I am in a big dilemma as no updates are coming from DBEC.
 
Win_OR_WIN said:
Gurus,
I had two questions to ask and need someone's brahmgyan on these two questions.

My Labor is in EB3 category and it's in the DBEC (priority date is July 2004) currently.

(1) Can I apply for a new labor under perm with EB2 category without canceling my old EB3 labor with a different employer?
If answer to above question is yes then can I transfer my priority date from old (EB3) labor to EB2 (perm)?
Yes you can apply for perm with a new employer
No you can not transfer your priority date from one emplyer to another.
LC belongs to employer and is non transferable till you clear the next stage which is I-140


(2)If I change my employer with who I applied my labor in July 2004 with EB3 category and apply in perm with same EB3 category but with different employer then can I transfer my priority dates from old EB3 labor to the new EB3 (perm) labor or it has to be same employer?

See above.
If employer is same I am not sure of upgrading rom Eb-3 to EB-2.


Please through me some light on it. I am in a big dilemma as no updates are coming from DBEC.
Click to expand...
 
couple of questions

Gurus can you please answer the following:

1.I'm in my 6th year of extension and my EB3 LC is pending with the current company.Is it possible to tranfer my H1 to a different company during this time(who is willing to file a PERM for me)?


2.If the answer is YES for the above, is it possible to retain my old PD on the new PERM application (EB2)? What are the pros/cons of this situation.

PLEASE ADVICE.

Thanks in advance.
 
sfmars said:
I am not sure what incidents you mean, if it is EB2->EB3 see examples of the people which I found easily on the NSC tracker. (I did not even look at other)

http://boards.immigrationportal.com/showpost.php?p=1198787&postcount=596
http://boards.immigrationportal.com/showpost.php?p=1135965&postcount=540

Unfortunately there is no separate thread kind of Enforcement EB2->EB3,
but you can trust me that since 1999 I saw a lot of people who were enforced from EB2->EB3. It is kind of standard INS practice.

In the second example (in the current conditions) if that guy started to work based on EAD or crossed the border based on AP becames out of status right away.

Just check I-140 theread forum you will find denials of EB1/EB2/EB3 and enforcements to move from EB2 to EB3
Click to expand...

Sfmars:

So what happens to these guys whose i140's get RFE to change from EB2 to EB3 and they have already used the EAD..? or they will have to refile in the EB3 category..? getting out of status means: can they switch back to H1 with another company. this is all so freaky..!!

and here we r all desperately waiting for the EAD part of the story..??!!
 
StressTestInUSA said:
Sfmars:

So what happens to these guys whose i140's get RFE to change from EB2 to EB3 and they have already used the EAD..? or they will have to refile in the EB3 category..? getting out of status means: can they switch back to H1 with another company. this is all so freaky..!!

and here we r all desperately waiting for the EAD part of the story..??!!
Click to expand...

Even if you worked on EAD one day or used AP, your H1 is gone forever, there is no way to tranfer H1 to another company because there is nothing to transfer. The general recommendation was all the time to work on H1 as long as possible.
 
StressTestInUSA said:
Sfmars:

So what happens to these guys whose i140's get RFE to change from EB2 to EB3 and they have already used the EAD..? or they will have to refile in the EB3 category..? getting out of status means: can they switch back to H1 with another company. this is all so freaky..!!

and here we r all desperately waiting for the EAD part of the story..??!!
Click to expand...

sfmars:

what happens to the approved EB2 LC?
is it automatically considered to be EB3 now?
or should the employer file an LC under EB3 again / or file for conversion?
what happens to 7th/8th year extensions?
Isnt auto conversion of EB2 to EB3 wrong, since all the ads were for EB2 equivalent exp? and maybe there *are* americans EB3 equivalent who can do the job?
what if the LC was from BECs and the BECs are closed after finishing their job? will the EB2 convert to PERM?

I know its lot of questions, but pls do answer, these are quite important questions to many who are in EB2.


thanks
 
AILA insight into BEC

Can someone who has access to the AILA web-site, get these documents?

Minutes of AILA-DOL Liaison Meeting held on March 23, 2006
http://www.aila.org/content/default.aspx?docid=19068

"Minutes of the March 23, 2006, AILA-DOL Liaison meeting, covering issues involving PERM applications, Backlog Elimination Center processing, improper PERM denials, “45-day letter” denials, correction of applications, and substitution of attorneys and employer contacts."

Action Regarding BEC 45-Day Letters
http://www.aila.org/content/default.aspx?docid=19066

"Current status with respect to labor certification applications that have been closed by the Backlog Elimination Centers for failure to respond to a 45-day letter."
 
NikePhoros said:
Gurus can you please answer the following:

1.I'm in my 6th year of extension and my EB3 LC is pending with the current company.Is it possible to tranfer my H1 to a different company during this time(who is willing to file a PERM for me)?


2.If the answer is YES for the above, is it possible to retain my old PD on the new PERM application (EB2)? What are the pros/cons of this situation.

PLEASE ADVICE.

Thanks in advance.
Click to expand...

both 1 & 2 need some cooperation from your old employer.

1. you can use current EB3 LC screenshot to xfer H1 to new company and file PERM
provided the current employer doesnt close your LC.
2. you can claim the old PD. provided your current employer files I140 on your name and gives you a copy of the approved I140.

(are you sure your current employer will do all this?)
 
calabor said:
sfmars:

what happens to the approved EB2 LC?

You or your sponsor will loose 190$ application fee for I-140 filing

is it automatically considered to be EB3 now?

That's right, you do not have to re-file new LC

or should the employer file an LC under EB3 again / or file for conversion?
what happens to 7th/8th year extensions?

If you filed concurrently and continue to work on H1 even if you got EAD and AP, nothing happens with your H1 and you can continue to get H1 extensions.


Isnt auto conversion of EB2 to EB3 wrong, since all the ads were for EB2 equivalent exp? and maybe there *are* americans EB3 equivalent who can do the job?

If it happens and you get RFE to move from EB2->EB3, your employer re-files I-140 under EB3 using your old approved EB2.


what if the LC was from BECs and the BECs are closed after finishing their job? will the EB2 convert to PERM?

You do not have to do anything with your LC, it is valid

I know its lot of questions, but pls do answer, these are quite important questions to many who are in EB2.


thanks
Click to expand...
 
Question on filing a parallel LC through Perm

Hi Everyone,
I am new to this forum and would like to request some guidence from you guys regarding my LC.
I have transferd my H1 from company A to company b in October and currently working for company B. Company A has filed my GC in September, 2004 and is willing to continue. However Company B is also willing to file a new LC under perm. My question is can i go ahead and file a new LC with company B, while continue to have my old filing with Company A. And also is there any way, i can use my old PD with the new one.

LC filing details:

EB2, RIR, MO
PD: 09-24-2004
Case Number: D-05010-14636
RD: ???
45 day letter: 03-2005
45 day letter replied: 03-2005
Arroval: :confused:

Your help with my decision will be greatly appreciated.
 
No and no. Your LC would be the property of company A, so if you work for B, you won't be able to use it.
Mits said:
Hi Everyone,
I am new to this forum and would like to request some guidence from you guys regarding my LC.
I have transferd my H1 from company A to company b in October and currently working for company B. Company A has filed my GC in September, 2004 and is willing to continue. However Company B is also willing to file a new LC under perm. My question is can i go ahead and file a new LC with company B, while continue to have my old filing with Company A. And also is there any way, i can use my old PD with the new one.

LC filing details:

EB2, RIR, MO
PD: 09-24-2004
Case Number: D-05010-14636
RD: ???
45 day letter: 03-2005
45 day letter replied: 03-2005
Arroval: :confused:

Your help with my decision will be greatly appreciated.
Click to expand...
 
Hey,

I have EB3 case stuck in the DBEC.
My employer screwed me by advertising according to the EB3 guidelines,
even though we don't even consider applicants with less
than a master degree (after two years we are still hiring).
Would it be possible to convert my EB3 --> EB2 during or after it is adjudicated?
If not, then is it possible to file PERM EB2, keeping my old priority date?

Thanks a lot for help.
 
Last edited by a moderator:
45 day letter

Hi,
I have been a silent reader, but now I would like to share with you that we recieved our 45 day letter. I would appreciate if you add me to your tracker:

State, CO
RIR
PD: 03/2004
ETA: D-05193
45 letter:4/10/2006
Aproval: ????

How long do you think it may take for our aproval?
 
Isor said:
Hi,
I have been a silent reader, but now I would like to share with you that we recieved our 45 day letter. I would appreciate if you add me to your tracker:

State, CO
RIR
PD: 03/2004
ETA: D-05193
45 letter:4/10/2006
Aproval: ????

How long do you think it may take for our aproval?
Click to expand...
I spot some tendency on this forum:
People who got their 45 day letter lately
had their approval within a month or two.
It was only three of four postings, not a reliable sample...
 
You must log in or register to reply here.
Top