Dallas Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
Need your opinion
My Pd is March 2003
EB3 RIR (although MS from US at the time of applying for LC)
Michigan state.
45 day letter replied to
LC STILL NOT APPROVED
my lawyer says that he has cases similar to mine and says he cant do anything but wait. employer believes the lawyer.
Is it true that there are cases like mine from michigan that have gone to dallas BEC and just have no update?
Do they still provide screen shots?
What can I do to check if there is anything wrong with my lc application?
I just think 3 plus years for LC is just too much ..... something has got to be wrong with my application .
Is it even worth waiting for the priority to get current ? How long do you think it will take?
My Pd is March 2003
EB3 RIR (although MS from US at the time of applying for LC)
Michigan state.
45 day letter replied to
LC STILL NOT APPROVED
my lawyer says that he has cases similar to mine and says he cant do anything but wait. employer believes the lawyer.
Is it true that there are cases like mine from michigan that have gone to dallas BEC and just have no update?
Do they still provide screen shots?
What can I do to check if there is anything wrong with my lc application?
I just think 3 plus years for LC is just too much ..... something has got to be wrong with my application .
Is it even worth waiting for the priority to get current ? How long do you think it will take?
LC_blues said:
Hi, I saw couple of Michigan 2003 Oct's and Nov's cases and one 2002 case have been approved recently, and their applications are EB3. My PD is 06/2004, Michigan, I have replied 45 days letter on 05/2006, and didn't hear anything back yet. My personal opinion, you might want to ask your lawyer to get a screen shot for you. Good Luck.
jewelhaque
Registered Users (C)
I am sorry, I don't know any database or web site name but I could tell you that if the position is for senior level then easily job description could mention about the requirement of MS degree or (BS degree and 5 years experience). If your LC got approved based on EB-3 then I am not sure you could pursue for EB-2, I would say you should check with your attorney before go for any further.
cacanuk said:
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jewelhaque
Registered Users (C)
It could be replied by either employer or lawyer but not both.
avididy said:
Quo_vadimus
Registered Users (C)
Are you sure about this ?
Why would it be not OK for both, the employer and the lawyer to reply so long as the reply is consistent ? Would you shed more light on your statement above.
jewelhaque said:
Why would it be not OK for both, the employer and the lawyer to reply so long as the reply is consistent ? Would you shed more light on your statement above.
jewelhaque
Registered Users (C)
If you read 45 days letter, it is clearly instructed that one should response not both.
Quo_vadimus said:
Quo_vadimus said:
i guess both can reply...but per BEC, employer's reply overrides attorney reply like when attorney says 'continue' and employer says 'dont'...probably what jewel_haque meant was it might confuse some BEC analysts if both replies are *same* (might be there is nothing in manual to handle that!)...wouldn't want to confuse BEC even more!!..also more work for BEC
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EB2 or EB3
I went thru the same nightmare about 6 months ago. This is my experience:
Labor: If when your company submitted the labor certification they advertised for "Masters or 5 years or more of PROGRESSIVE experience" then, your I-140 could be submitted under EB2 if the company is willing to pay you for the increase on salary that EB3 vs EB2 requires. Also note the progressive word.
My labor said "Masters or 5 years of experience". So, when my lawyer talked to me about my chances of being approved under EB2 I said go for it. She said the only thing I could loose would be money, basically her fees since if my application would get rejected, I would have to re-apply under EB3. Again my company was willing to pay me the extra money.
As far as the I-140 is concerned, that is when company has to prove your progressive experience and that it is willing and can to pay you the extra money.
Luckly for me my I-140 got approved and since I am from Mexico, EB2 visas for me are current
As far as what "PROGRESSIVE" means, my lawyer explained to me that means that you can prove with previous employers letters that you have been climbing positions (more responsabilities) during those 5 years of experience. Which I did, not without a major hassle since I your in Mexico before coming to work here on H1b, so I had to do a lot of begging thru the phone.
Any way good luck to all.
Chocolate said:
I went thru the same nightmare about 6 months ago. This is my experience:
Labor: If when your company submitted the labor certification they advertised for "Masters or 5 years or more of PROGRESSIVE experience" then, your I-140 could be submitted under EB2 if the company is willing to pay you for the increase on salary that EB3 vs EB2 requires. Also note the progressive word.
My labor said "Masters or 5 years of experience". So, when my lawyer talked to me about my chances of being approved under EB2 I said go for it. She said the only thing I could loose would be money, basically her fees since if my application would get rejected, I would have to re-apply under EB3. Again my company was willing to pay me the extra money.
As far as the I-140 is concerned, that is when company has to prove your progressive experience and that it is willing and can to pay you the extra money.
Luckly for me my I-140 got approved and since I am from Mexico, EB2 visas for me are current
As far as what "PROGRESSIVE" means, my lawyer explained to me that means that you can prove with previous employers letters that you have been climbing positions (more responsabilities) during those 5 years of experience. Which I did, not without a major hassle since I your in Mexico before coming to work here on H1b, so I had to do a lot of begging thru the phone.
Any way good luck to all.
kalifornia_resi
Registered Users (C)
BEC Status Check and Processing times
Here is what I found on Mathew Oh's site today. Some transparency atlast!
* People will remember that this web site urged the DOL to start processing times reports and status check sites on the DOL website just like the USCIS. Now we have a good news. The DOL will indeed post online status check and processing time report sites in its website as early as the end of next month, July 2006. For the status check, people will need case numbers. Accordingly, those who have yet to receive 45-day letters will take a little bit longer to use the status check site.
Here is what I found on Mathew Oh's site today. Some transparency atlast!
* People will remember that this web site urged the DOL to start processing times reports and status check sites on the DOL website just like the USCIS. Now we have a good news. The DOL will indeed post online status check and processing time report sites in its website as early as the end of next month, July 2006. For the status check, people will need case numbers. Accordingly, those who have yet to receive 45-day letters will take a little bit longer to use the status check site.
Good News for BEC TR Labor Certification Processsing
BEC has today disclosed that they have completed dataentries for the entire 365 applications and all the 45-day letters will be sent out within this week.
Beginning from the mid-July 2006, the BECs will start sending out the recruitment instructions to the employers whose traditional regular labor certification applications have been pending at the Backlog Elimination Centers. In order to speed up the process, the BEC will enclosed with the instructions their prevailing wage determination which the employers will have to use for the purpose of the recruitment. The prevailing wage determination will reflect the prevailing wage at the time recruitment and not the wage at the time of initial filing no matter how long they were filed. Besides, the employers must offer 100% of the prevailing wage in compliance with the new federal law on the prevailing wage for the labor certification.
Employers, watch for these mails from the Backlog Elimination Centers from next week!
Courtesy : http://www.immigration-law.com
BEC has today disclosed that they have completed dataentries for the entire 365 applications and all the 45-day letters will be sent out within this week.
Beginning from the mid-July 2006, the BECs will start sending out the recruitment instructions to the employers whose traditional regular labor certification applications have been pending at the Backlog Elimination Centers. In order to speed up the process, the BEC will enclosed with the instructions their prevailing wage determination which the employers will have to use for the purpose of the recruitment. The prevailing wage determination will reflect the prevailing wage at the time recruitment and not the wage at the time of initial filing no matter how long they were filed. Besides, the employers must offer 100% of the prevailing wage in compliance with the new federal law on the prevailing wage for the labor certification.
Employers, watch for these mails from the Backlog Elimination Centers from next week!
Courtesy : http://www.immigration-law.com
sai2 said:
Will this help
Thanks for your input.One more clarification.My experience is MS + 4 years experience in a fortune 500 company before i joined my present company. I was also promoted on my job there once.Will this help me to switch from EB3 to EB2 in 140 stage.Any inputs
chemE said:I went thru the same nightmare about 6 months ago. This is my experience:
Labor: If when your company submitted the labor certification they advertised for "Masters or 5 years or more of PROGRESSIVE experience" then, your I-140 could be submitted under EB2 if the company is willing to pay you for the increase on salary that EB3 vs EB2 requires. Also note the progressive word.
My labor said "Masters or 5 years of experience". So, when my lawyer talked to me about my chances of being approved under EB2 I said go for it. She said the only thing I could loose would be money, basically her fees since if my application would get rejected, I would have to re-apply under EB3. Again my company was willing to pay me the extra money.
As far as the I-140 is concerned, that is when company has to prove your progressive experience and that it is willing and can to pay you the extra money.
Luckly for me my I-140 got approved and since I am from Mexico, EB2 visas for me are current
As far as what "PROGRESSIVE" means, my lawyer explained to me that means that you can prove with previous employers letters that you have been climbing positions (more responsabilities) during those 5 years of experience. Which I did, not without a major hassle since I your in Mexico before coming to work here on H1b, so I had to do a lot of begging thru the phone.
Any way good luck to all.
Thanks for your input.One more clarification.My experience is MS + 4 years experience in a fortune 500 company before i joined my present company. I was also promoted on my job there once.Will this help me to switch from EB3 to EB2 in 140 stage.Any inputs
nup said:
PD - June 2003 and no 45 day letter yet.
EB3/ general
Does anyone know, if we can call or write to Dallas center to get some information. Please repond.
I am in the same boat my friend.. My details below.. still did not receive my 45d letter.
PD Aug 2003
State OH
Type: Non RIR
45 Day Letter - Not received.
CaptainPicard
Registered Users (C)
Hi,
can you please paste the link where you got this info?
Thanks
can you please paste the link where you got this info?
Thanks
Chocolate said: