Dallas Backlog Elimination Center Tracking

Please advise on the H1 trasnfer question

NikePhoros said:
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.
Click to expand...
 
I am trying to express my thoughts, I think BEC has changed their strategy, there is no advantage being Regional RIR case any more. It looks like they are treating Regional RIR and SWA RIR as same and now they are concentrating more on generating 45DL instead of approving cases.

This is just my thought.

SFMARS can explain more.

HuhGC said:
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
Click to expand...
 
I think you can. As long as your old employer does not withdraw LC application.

You should discuss with an immigration attorney.

LaborNoWhere said:
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.
Click to expand...
 
jewelhaque said:
I am trying to express my thoughts, I think BEC has changed their strategy, there is no advantage being Regional RIR case any more. It looks like they are treating Regional RIR and SWA RIR as same and now they are concentrating more on generating 45DL instead of approving cases.

This is just my thought.

SFMARS can explain more.
Click to expand...


I agree 100% with that. There is nothing else I can add to that.
 
NikePhoros said:
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.
Click to expand...

You may find it useful and 100% applicabe to you but I do not believe personally that you will be successful to maintain your green card.

The major obstacle is that you have to be very nice to your former employer.
Your former employer must be very cooperative with you and wish the success to your green card process from your new employer

Anyway see this link (very impressive story of surviving)

http://immigrationvoice.org/forum/showpost.php?p=840&postcount=10
 
Does the numbers change when T becomes D or P for the Case # ?

My case # from the BEC snaphot is T-05217-82XXX. Does this number changes when T becomes D?
 
Same case

HuhGC said:
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
Click to expand...
Same case here too
ETA case number-D-05111-xxxxx
PD May 2004 RD
Type EB2RIR
45 day letter Oct 2005
approval -?
 
DBEC(IL labor) not approved yet

Thanks SFMARS, Jewelhaque and chocolate for your responses. So it looks like we may have to wait for more time, since there are somany cases from other states in DBEC pending prior to us. :(


HuhGC
 
Correct !
HuhGC said:
Thanks SFMARS, Jewelhaque and chocolate for your responses. So it looks like we may have to wait for more time, since there are somany cases from other states in DBEC pending prior to us. :(


HuhGC
Click to expand...
 
AC-21 and changing employers during the seventh year on H-1.

Guys,

I am totally frustrated with my LC's being in the pipeline for 5 years now and had the same questions on changing employers after the 6th year. There is a document that I downloaded from the department of state website called ac21.pdf which basically explains how to extend your H-1 beyond six years.

The problem is that the document is not very clear about what happens if the filing company revokes the pending LCA but for sure it mentions that the seventh year extension can be applied by a "new employer" or the original employer who actually filed the petition.

Unfortunately I am unable to find the downloaded document, but shall attach it as soon as I find it. It is only about 11 pages. If anyone can go through it we can get a second opinion to figure this out.

Thanks.

========================================================
Relevant part from the document.

1. Procedures for Obtaining Extension of Status in Cases of Lengthy Adjudication
In order for an H-1B nonimmigrant to receive an extension of stay under AC21 106
beyond the maximum 6-year limit, a petitioner must file a Form I-129 on behalf of the
nonimmigrant beneficiary. The petitioner may be either the beneficiary's current employer or a
new employer. If the H-1B petition is approved, the petition will be valid for a period of 1 year.
One-year extensions of the beneficiary's H-lB status may continue until a final decision is made
on the alien's lawful permanent resident status. A petitioner is required to file a new Form I-129
and pay the $110 filing fee for the request for a I-year extension of status under AC21 106.
Existing guidelines in the instructions to the Form I-129W for payment of the $1,000 H-lB
Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a
nonprofit research organization or the petition is a second or subsequent request for extension of
stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment
of the $1,000 H-1B Nonimmigrant Petitioner Account Fee.
The status of a dependent of an H-lB nonimmigrant is derivative of and linked to the
status of the principal H- 1B nonimmigrant. Therefore, dependents are eligible for H-4 status
upon the filing of an H- 1B petition on behalf of the principal alien, and the filing of a Form I-
539 with filing fee and all necessary supporting documentation for the dependent. Dependents
should be advised to file the Form I-539 concurrently, whenever possible, with the H- 1B
petition filed on behalf of the principal H- lB nonimmigrant.

=======================================================
sfmars said:
You may find it useful and 100% applicabe to you but I do not believe personally that you will be successful to maintain your green card.

The major obstacle is that you have to be very nice to your former employer.
Your former employer must be very cooperative with you and wish the success to your green card process from your new employer


Anyway see this link (very impressive story of surviving)

http://immigrationvoice.org/forum/showpost.php?p=840&postcount=10
Click to expand...
 
Need advice, getting a screen shot?

Hello,

I have been following the forum for a while and just wanted to get your advice on my case. My PD is 11/2003, MI, with the 45 day already replied to. MY case no is D-05192-XXXXX. I have waited for almost 7 months now without any updates from the lawyer. I am already seeing case numbers later than mine getting approved. What should I do in my case at this stage? Should I request for a screen shot of my case? If yes, please let me know where I can find the corresponding email address and format.

Thank you.

ddl

PD 11/2003
45 day: 11/2005
state: MI
 
It looks like DBEC changed their strategy. They are concentrating more on generating and sending 45 DL instead of approving cases. Not to scare you but I think you need to wait for a while.

ddl said:
Hello,

I have been following the forum for a while and just wanted to get your advice on my case. My PD is 11/2003, MI, with the 45 day already replied to. MY case no is D-05192-XXXXX. I have waited for almost 7 months now without any updates from the lawyer. I am already seeing case numbers later than mine getting approved. What should I do in my case at this stage? Should I request for a screen shot of my case? If yes, please let me know where I can find the corresponding email address and format.

Thank you.

ddl

PD 11/2003
45 day: 11/2005
state: MI
Click to expand...
 
joke

My Nights are becomin sleepless. My Days are becoming restless. So I asked God.... Is this love? GOD said "idiot ur labor is in backlog"
 
My PD is march, 2003. TR-EB2.I haven't received 45days notice yet.

ddl said:
Hello,

I have been following the forum for a while and just wanted to get your advice on my case. My PD is 11/2003, MI, with the 45 day already replied to. MY case no is D-05192-XXXXX. I have waited for almost 7 months now without any updates from the lawyer. I am already seeing case numbers later than mine getting approved. What should I do in my case at this stage? Should I request for a screen shot of my case? If yes, please let me know where I can find the corresponding email address and format.

Thank you.

ddl

PD 11/2003
45 day: 11/2005
state: MI
Click to expand...
 
LaborNoWhere said:
My Nights are becomin sleepless. My Days are becoming restless. So I asked God.... Is this love? GOD said "idiot ur labor is in backlog"
Click to expand...


that was funny .. !!! :)
 
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