Dallas Backlog Elimination Center Tracking

Several Screen Shots has TR or RIR

shralite said:
Hi Gurus,
I requested a screen shot of my case. Both case status and processing type fields have an entry of 'TR'. It makes sense to have TR in processiing type, but not in case status field. Any ideas why the status field contains 'TR'???
Click to expand...

That's the meaningless pointer BEC practicing to direct analysts to process the case as TR or RIR. Nothing as the actual status of the case. I have seen several cases, wherein case status shows RIR or Data Review. In your case its TR. No wonder.
 
Hello,
This is my first post but I've been reading this forum for couple months now.
My husband just received his 45day letter yesterday. Finally!
The details are in the signature. The last screen shot showed RIR, but I think we are TR. We did the advertisement more than a year ago. I hope he'll get Labor soon. I've seen some people getting Labor in a month after receiving 45day letter.
I wish everyone who is still waiting for the letter to receive it soon!
 
How did you respond to your 45 day letter?

Here is a question for the group: how did you respond to your 45 day letter?

By fax, mail or both?

Did anyone try and include other information at that time (change of business address for example)?
 
If I were you I'd push for this sub in every possible way, because the window is closing. Be polite but extremely persistent. Get your manager involved, get his manager involved, whatever it takes. Talk about the money it saves if you don't have to extend your visa, able to travel freely for business, less distraction for work, etc.

Your lawyer and HR naturally wouldn't want to do this for you - why take on extra work without any pressure? Also you know they can lie straight to your face. But find out what their real concern is, like the coming new rule regarding sub, and deal with it directly.

You can google for LC substitution, I wish I had links. But good luck to getting this one nailed!

CA_Man_In_Labor said:
Hi friends,

I need some help on labor substitution. A labor certification for an employee who is no longer with the company has just gotten approved, and I am trying to get the employer and attorney to use it for me. The labor certification is for an entry-level MS degree with no work experience position filed as EB2 RIR in 2002. The attorney is arguing against the substitution saying that I am now in a position that requires MS plus 5 years work experience so I cannot fit the entry-level LC. However, if I understand things correctly, if I met ALL the MINIMUM requirements stated in the labor certification on the day it was filed, I am eligible for substitution - this is true in this case. I did have a MS degree and was myself in an entry level position in 2002 when the case was filed. In fact, my own labor certification was for an entry level position, but since that is far from being approved, I would like to benefit from this approved labor certification. Given that it takes anywhere from 2 to 5 years for these LCs to get approved, it is reasonable that in this time frame, employees will move to more senior positions.

What I would like help on from you guys is some pointers to where the requirements for labor substitution are mentioned - e.g. on DoL or USCIS websites or on AILA websites, etc so that I can use it against the attorney's argument of not being able to use the labor certification for me. The attorney and HR are being very shrewd, it sounds like it is a political decision on their part to not let me benefit from this labor certification because they know that I have had enough of slavery with the company and the day I get my GC I will be out of there. They'd rather see me get my GC 2+ years later using my own LC than get it in 1 year using this approved LC.

Guys and gals, please help. There are some very knowledgable folks on this forum, hence I am turning to this forum for some useful pointers to take to my attorney. Please post pointers here or PM me.

Thank you
Click to expand...
 
Any approval lately?

Hi ,

did anybody get hsi approval from DBEC in the last 1 week. it seems to me that they were processing lot of applications ealry in the month of april but from the second half of the month approvals became very rare. is that true?
 
CA_Man_In_Labor,

That is a great question! My two cents for you are to spend some money an consult an immigration lawyer in your area. Learn as much as you can from Pro's and Con's from an independent source. This second opinion will help you educate your managers and pressure HR.

Good luck,
xman_74





CA_Man_In_Labor said:
Hi friends,

I need some help on labor substitution. A labor certification for an employee who is no longer with the company has just gotten approved, and I am trying to get the employer and attorney to use it for me. The labor certification is for an entry-level MS degree with no work experience position filed as EB2 RIR in 2002. The attorney is arguing against the substitution saying that I am now in a position that requires MS plus 5 years work experience so I cannot fit the entry-level LC. However, if I understand things correctly, if I met ALL the MINIMUM requirements stated in the labor certification on the day it was filed, I am eligible for substitution - this is true in this case. I did have a MS degree and was myself in an entry level position in 2002 when the case was filed. In fact, my own labor certification was for an entry level position, but since that is far from being approved, I would like to benefit from this approved labor certification. Given that it takes anywhere from 2 to 5 years for these LCs to get approved, it is reasonable that in this time frame, employees will move to more senior positions.

What I would like help on from you guys is some pointers to where the requirements for labor substitution are mentioned - e.g. on DoL or USCIS websites or on AILA websites, etc so that I can use it against the attorney's argument of not being able to use the labor certification for me. The attorney and HR are being very shrewd, it sounds like it is a political decision on their part to not let me benefit from this labor certification because they know that I have had enough of slavery with the company and the day I get my GC I will be out of there. They'd rather see me get my GC 2+ years later using my own LC than get it in 1 year using this approved LC.

Guys and gals, please help. There are some very knowledgable folks on this forum, hence I am turning to this forum for some useful pointers to take to my attorney. Please post pointers here or PM me.

Thank you
Click to expand...
 
Is this true?

Hi,
I asked my attorney where my I-140 petition will be filled. Following is her reply. Is this true?

"
It will be sent to the Nebraska Service Center.
They will make a decision as to whether it will be adjudicated there or at the Texas Service Center.

This is a new procedure implemented by the USCIS."
 
GCCovet:
Following info source is www.immigration-law.com

03/24/2006: I-129 and I-140 Mailing Address vs. Processing Agency

Filing Agency:
I-129 Petitions and Related I-539: Vermont Service Center(VSC)
I-140/EB-485/Ancillary Applications: Nebraska Service Center(NSC)
Processing Agencies:
I-129 Petitions and Related I-539: Vermont Service Center(VSC) and California Service Center(CSC)
I-140/EB-485/Ancillary Applications: Nebraska Service Center(NSC) and Texas Service Center(TSC)

03/24/2006: Wow, USCIS Released Bi-Specialization and I-129/I-140 Filing Changes for Employers!

USCIS has just released a notice that effective April 1, 2006, employer must file I-129 petition with the Vermont Service Center and I-140 Petition filed with the Nebraska Service Center. Any accompanying forms should also be filed at these centralized locations.
After April 1, 206, the Vermont Service Center and California Service Center will process all I-129 petitions and related dependent applications. After April 1, 2006, all I-140 petitions and related I-485 applications will be processed by the Nebraska Service Center and Texas Service Center. USCIS however notes that the filing location for the form type is not necessarily the Service Center that will decide the case. USCIS will continue to process cases received before April 1, 2006 preexisting procedures.
Filing with the incorrect ServiceCenters will not be rejected but accepted and redirected to the correct location and USCIS will honor the initial receipt date

Another source
http://www.murthy.com/nflash/nf_032706.html

Hope this helps
 
Got 45-day letter

Finally I got an update from my attorney that they responded to the 45-day letter from Dallas BEC.

--
TX TR/EB2
ETA Case: unknown
Priority Date: 11/02/2004
45 Day Letter replied: 04/26/2006
 
Got 45 DL; replied today

2+ years in the waiting.. at least DBEC they issued a 45 DL. My lawyer said she got it 2 days back and they are replying today itself... Good luck to all.
 
Incomplete status

Does anyone know what this means in the immigration jargon " case is in incomplete status" for a pending labor certification? Does it mean that the case is close or lost or does it mean that the case hasn't been processed yet? Thank you for your help. I am truly panicking.
 
ca_man_in_labor,
You are right, you should have met the requirements at the time the labor was filed. I am sub labor myself. Filed I-140 a few weeks back. My labor was filed Oct, 2004 and I havent yet received my 45 day letter from DBEC.

My sub labor was filed in 11/2001. I joined my company in 5/2001 and had the requirements satisfied from my MS course work, obtained prior to joining the company. Even I am now MS + almost 5 years, so I am not sure why your lawyer says you are ineligible.

Basically, it comes down to what they want to do and who they want to give it to. If you are in good standing with your boss, please request your boss to talk to the lawyer or your immig represnetative/HR.

If you work for a big company (like mine), the lawyers usually take orders from the companies immigration dept/HR (the ones who pay them). You need to find who had the POWER and then have the highest possible person in your management chain talk to them on your BEHALF. It is one thing you going and asking for yourself and another when some one credible represents on YOUR behalf. You also need to pick the person who has good soft skills and who will really represent you and look out for you.

With the impending labor sub rule, this LC will likely be invalid in a few months. It is hence likely to be used by someone, unless your company is a slave driving company that likes to exploit immigrants. There is no real reason why it cannot be....its yours to get. Go for it!

Remember, there is really no use pi$$ing anyone off here, you will be the one to loose.
 
H1 transfer while Labor pending

Forum Gurus Please advise on the below question -
I've recently applied for my 7th year extension based on my pending labor with my current employer.
Meanwhile, my client wants me to convert to F/T and is willing to file a perm labor once I join them.
Can I do a H1 transfer during the 7th yr extension ?
If I can, then can I retain my PD (old company labor) with the PERM?

Please give your valuable inputs and possible work arounds if the answers are no for the above questions.I'm desperately trying to break away from my employers as well BEC's shackles.

Thank you.
 
Thank you !

Thank you very much, ESPOIR.
-GcCovet.

espoir said:
GCCovet:
Following info source is www.immigration-law.com

03/24/2006: I-129 and I-140 Mailing Address vs. Processing Agency

Filing Agency:
I-129 Petitions and Related I-539: Vermont Service Center(VSC)
I-140/EB-485/Ancillary Applications: Nebraska Service Center(NSC)
Processing Agencies:
I-129 Petitions and Related I-539: Vermont Service Center(VSC) and California Service Center(CSC)
I-140/EB-485/Ancillary Applications: Nebraska Service Center(NSC) and Texas Service Center(TSC)

03/24/2006: Wow, USCIS Released Bi-Specialization and I-129/I-140 Filing Changes for Employers!

USCIS has just released a notice that effective April 1, 2006, employer must file I-129 petition with the Vermont Service Center and I-140 Petition filed with the Nebraska Service Center. Any accompanying forms should also be filed at these centralized locations.
After April 1, 206, the Vermont Service Center and California Service Center will process all I-129 petitions and related dependent applications. After April 1, 2006, all I-140 petitions and related I-485 applications will be processed by the Nebraska Service Center and Texas Service Center. USCIS however notes that the filing location for the form type is not necessarily the Service Center that will decide the case. USCIS will continue to process cases received before April 1, 2006 preexisting procedures.
Filing with the incorrect ServiceCenters will not be rejected but accepted and redirected to the correct location and USCIS will honor the initial receipt date

Another source
http://www.murthy.com/nflash/nf_032706.html

Hope this helps
Click to expand...
 
Don't we have some expertise about this question in the forum?

Does anyone know what this means in the immigration jargon " case is in incomplete status" for a pending labor certification? The case number startes with a T instead of a C, A or P. Does it mean that the case is close or lost or does it mean that the case hasn't been processed yet? Thank you for your help. I am truly panicking.
 
biboo said:
Does anyone know what this means in the immigration jargon " case is in incomplete status" for a pending labor certification? The case number startes with a T instead of a C, A or P. Does it mean that the case is close or lost or does it mean that the case hasn't been processed yet? Thank you for your help. I am truly panicking.
Click to expand...

Hi

No Need to panic. If it says Incomplete it meanst that they have not entered fully all the information about your case that got transfered from the State/Region in DBEC system. Once they enter all the information they will generate a Letter ( called 45 day letter) and sent to your employer. Once that is replied further processing will start
 
DBEC(IL labor) still not approved

Hi all,

I know that so many cases even with priority date June2004 from IL transferred to DBEC got approved. My case is also from IL ( priority date APR 2004)and state cleared before transferred to DBEC. I don't know why my case is not approved. Anyone in the forum like me. My company got approvals for some cases around my priority date too and they say DBEC is sporadic in approvals and not to worry. I am confused. Even I don't see anymore approvals from DBEC of IL cases recent past.

SFMARS: Any thoughts..

Anyone in the forum like me waiting :confused:

Filed in : IL
ETA Case Number: D-05096-XXXXX
Priority Date: APR-04
ReceiveDate (regional): DEC-04
Processing Type: RIR
Case Received Date(DBEC): 04/06/2005
Processing Center: Dallas Backlog Elimination Center
Case Status: RIR
45 days letter responded in last April itself.

Thanks in advance
 
Changing employer in 7th Yr

I am in my 7th yr of H1. Got it extended based on my pending labor (in BEC) with my current employer.

Can I change employer in 7th yr and go with PERM processing from new employer?
If new employer offers me PERM processing with H1 transfer, Can I start working with new employer after PERM is cleared?

Appreciate your inputs.
 
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