Dallas Backlog Elimination Center Tracking

shaaka said:
ICARUS what is your PD and which state you filed.? :confused: :) ...
Please Please Please Please come out and answer this question and also answer Zainy_Brainy's question....

Shaaka,
You are falling into the trap of trying to know who ICARUS is again.
Please do not.

Last time also people started asking him his sources and he got into trouble.

Thanks
ZB
 
ok, i don't understand the process well, but Ashton has his recruitment process already done. Maybe, that's why they picked up his file so that they could use that data to train people. BTW I am May 2001, CA, remanded case, and I haven't received anything, Dallas does have my case number.
 
WaitingonLC said:
My H1B 6yrs limit will expire by Dec,05.My labor is approved 10 months back and not yet filed 140 and priority date is 04/04.Am I eligible for 7th year extension?

File Extension based on Pending Labor at California.. (the one in your signature)
 
You are in the SWA queue

Days_go_by said:
ok, i don't understand the process well, but Ashton has his recruitment process already done. Maybe, that's why they picked up his file so that they could use that data to train people. BTW I am May 2001, CA, remanded case, and I haven't received anything, Dallas does have my case number.

SO it will be some time before they touch your application.
Once remanded it is a state case.

Thanks
 
shaaka said:
ICARUS what is your PD and which state you filed.? :confused: :) ...
Please Please Please Please come out and answer this question and also answer Zainy_Brainy's question....


FOLKS..

Can you please use smaller fonts ?? ICARUS will read even with normal fonts.

thanks in advance
 
GP111 would u pls advise me.

gp111 said:
FOLKS..

Can you please use smaller fonts ?? ICARUS will read even with normal fonts.

thanks in advance

I have a RIR pending case in BEC waiting for more than 1.5 yrs. my ETA form asks for MS +0 yr experience in civil engineering.whereas the minimum is bachelor. so I'm worried about the PW determination once BEC will come to my application. my wage is slightly above level 1 but far below level 2. i'm afraid because of the master degree, BEC will ask my employer to bump up my wage close to level 2 but my employer will not accept for sure. here is my question:

my lawyer says the company should pay me the PW once the BEC asks them about the PW because u r working in that position now. whereas a friend says,this PW is for future employment although u r working in that position currently so they have to pay u once u get the GC.

what is the accurate answer?the lawyer's one or the friend's?

is there any trick around this prevailing wage thing? please advice.
 
antonioa77 said:
I have a RIR pending case in BEC waiting for more than 1.5 yrs. my ETA form asks for MS +0 yr experience in civil engineering.whereas the minimum is bachelor. so I'm worried about the PW determination once BEC will come to my application. my wage is slightly above level 1 but far below level 2. i'm afraid because of the master degree, BEC will ask my employer to bump up my wage close to level 2 but my employer will not accept for sure. here is my question:

my lawyer says the company should pay me the PW once the BEC asks them about the PW because u r working in that position now. whereas a friend says,this PW is for future employment although u r working in that position currently so they have to pay u once u get the GC.

what is the accurate answer?the lawyer's one or the friend's?

is there any trick around this prevailing wage thing? please advice.


According to my attorneys a little bit of both.

You don't have to be at the PW now, you need to be at that level when GC is approved. However if you are not there you need to be within reasonable distance of the PW.

So if the PW is 100K and you make 60K right now. And you are getting GC in a couple of years it is not realistic to expect that through normal pay raises you would get from 60K to 100K.

If you are at 90K and the PW 100K, you can make an argument that by the time you get GC you will probably at the PW.
 
WaitingonLC said:
But can I file 7th year extn based on my approved labor?

Why don't you file I-140 & get extension based on pending I-140 ? I believe ( you may want to confirm this from others also) that for H1B extension

either
1) LC needs to be pending (365 days or more)
OR
2) I-140 & I-485 needs to be pending
OR
3) I-140 needs to be pending (if You cannot file I-485 due to Retrogression)
OR
4) I-140 Approved (if you cannot file I-485 due to retrogression)

thanks
 
WaitingonLC

Buddy, I am a bit confused:
Your signature shows PD of June 2002 and you mention PD 04/04 in your message. Which is right? I thought folks with CA PD of June 2002 (or 04/2004) are still languishing in BPCs. Or are you using a substitution LC?
--Manny

WaitingonLC said:
My H1B 6yrs limit will expire by Dec,05.My labor is approved 10 months back and not yet filed 140 and priority date is 04/04.Am I eligible for 7th year extension?
 
And I think you'll get H1 extensions in 3-year increments on the basis of a approved 140 (waiting for 485 retrogession). With pending LCs, you'll get extensions in 1-year increments.

gp111 said:
Why don't you file I-140 & get extension based on pending I-140 ? I believe ( you may want to confirm this from others also) that for H1B extension

either
1) LC needs to be pending (365 days or more)
OR
2) I-140 & I-485 needs to be pending
OR
3) I-140 needs to be pending (if You cannot file I-485 due to Retrogression)
OR
4) I-140 Approved (if you cannot file I-485 due to retrogression)

thanks
 
GOTGC thats incorrect information.

GOTGC,

You get only 1 year extension when i-140 is filed & you are unable to file for 485 because of retrogression.

I had confirmed it from Lawyer Rajiv Khanna. You can also find the whole argument in one of the articles he has written by searching on this subject.

I thought, I should clarify that, so as you are not caught in some kind of baseless information.


GotGC?? said:
And I think you'll get H1 extensions in 3-year increments on the basis of a approved 140 (waiting for 485 retrogession). With pending LCs, you'll get extensions in 1-year increments.
 
Risks with PERM/traditional LC failure

IllinoisGC said:
What is the employee's risk in PERM failure? for that matter does anybody see a risk for employee's chances at other LCs?

I hope each case is independent and failure means the employer couldn't succeed to recruit (may be it affects the employer in PERM?) - but will not affect the candidate in any way..

Please post if you people got/hear any such experiences..

P.S. Excuse me for this repost - but I'm counting on your feedback. Thanks!!
 
which year?

ASH KUTCHER:

Could you tell us which year and when you got your LC approved. I have got 45 days letter on the 12/2004, and replied immediately, but still no new about my cases. I don't know when Dallas BEC will start to process the case.
I know whether they process case and shift case at the same time or not?


Thanks
 
Supposedly the backlog centers are currently processing cases with priority dates before January 01, 2002. Labor cases with P.D.s after that date will be processed only at the end of summer '05. No preference to RIR cases is being given at the present time. Everything is based on priority dates.

Maybe our hotline gurus can confirm this or deny this.

Good luck.
 
Kanjoos:

Here is the source of my info: http://www.immihelp.com/visas/h1b/beyond6.html

Look for Scenario 1: I-140 filed/approved and unable to AOS because of visa unavailability: In this case you get 3-year increments.

Between scenario 1 & 2, the key point is you'll get 3-years increments ONLY if you are not able to AOS due to visa unavailability.

Hope this helps. But I'd also like to get a second opinion, so please could you point me to the article by Rajeev Khanna that you mentioned? Thanks.

Kanjoos said:
GOTGC,

You get only 1 year extension when i-140 is filed & you are unable to file for 485 because of retrogression.

I had confirmed it from Lawyer Rajiv Khanna. You can also find the whole argument in one of the articles he has written by searching on this subject.

I thought, I should clarify that, so as you are not caught in some kind of baseless information.
 
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