Dallas Backlog Elimination Center Tracking

Here are the facts:

In a PERM briefing done by DOL back in January.
Go to this link: http://www.usimmigration.net/images...-05_Chicago.pdf

Look at slide #7. It clearly states "refile is considered a withdrawal"

Yesterday, in the DOL website FAQ II was posted regarding PERM.

It states:

"Only if an employer chooses to withdraw an earlier application and refile the application for the identical job opportunity under the refile provisions of PERM will previously filed application be processed under the PERM regulation"

Now immigration-law.com interpretation is:

"One question which the backlog filers have been anxiously awaiting was the affect of a new PERM filing on the pending cases in the Backlog Processing Centers. Some of them were reluctant to file a new application under the PERM program for fear that their pending applications might be considered automatically withdrawn or denied. However, the release of Q&A II has made clear that unless the PERM filers chose to withdraw by filing of the PERM applications, the pending cases at the Backlog Processing Centers will be processed without being affected by such filing. This policy is thus likely to spur filing of new applications by those whose pre-PERM applications have been pending as these cases may not be affected by the new PERM application regardless of the outcome of the decision of the PERM applications."

My opinion

Is that immigration-law is stretching the truth. What I would now say is the following:

If under PERM, you flag (there is a box in the application) the REFILE box your case will DEFINITELY be withdrawn from the Backlog Center. This is the only way you can attempt to maintain your PD in your PERM application.

What I am now wondering is:

If you file PERM, without stating it is a REFILED case, i.e. your PD is the day you file your PERM case then it seems like it may be possible to keep both your old LC in processing and the new PERM application.

However, I wouldn't agree with immigration-law in saying this is "clear", I think this is still somewhat speculation.
 
JustWatching said:
What I am now wondering is:

If you file PERM, without stating it is a REFILED case, i.e. your PD is the day you file your PERM case then it seems like it may be possible to keep both your old LC in processing and the new PERM application.

However, I wouldn't agree with immigration-law in saying this is "clear", I think this is still somewhat speculation.
Click to expand...

I have to agree with you JustWatching, immigration-law.com is just saying it is "clear" while its not.
However DOL is also not clear any more on this issue. I am not sure if you can file 2 LCs (PERM and NON-PERM) but if they do not want us to file 2 cases at same time, they should withdraw our PERM case back instead of old case becuase PERM case have new PD, thats what I think.
 
I agree.
DOL only says that:

If you mark "withdraw" in the PERM application (and you followed the PERM advertisement procedure etc.), you pending case will be converted to PERM.

But they did NOT say:

If you do NOT mark "withdraw" in the PERM application, what will happen?
 
puhrince, can you post your source?

puhrince said:
EB2 Retrogression Expected in FY2006

Mr. Oppenheim indicated that, based on currently available data, he believes the Employment-Based Second Preference (EB2) category for certain members of the professions holding advance degrees or persons of exceptional ability will not likely retrogress for the remainder of the current fiscal year. He does expect retrogression to occur in EB2 for nationals of mainland China and India starting sometime in fiscal year (FY) 2006 (October 1, 2005 through September 30, 2006). The predicted EB2 retrogression is not expected until the latter half of FY2006. The affected countries will likely only be India and mainland China, not the Philippines in the EB2 category.
Click to expand...
 
Hi Could you please anyone clarify my doubt.

I got a first love letter from Dallas on Feb09th and they mentioned my
ETA case number : D-05011-xxxxx

And again I got one more love letter from Dallas on Mar30th and they mention my ETA case number : D-05088-xxxxx

Both numbers are different. Can someone explain what it is...

Love letter means 45 day letter.
 
Hello Icarus

What are the dates that are being processed now for RIR cases? Somebody placed a post in Phily thread that 10/2002 RIR labor was approved. Could it be true that dates moved so fast?
Thanks a lot
 
Question to Icarus?

Hi Icarus,

Is all labor approvals or denials be clearly visible or flooded only after Sep 2005...Is this true?
Why we are not seeing any approvals recently? When will they start really?

Can we keep hope this year they will start processing atleast meaning all data enty will be completed.

By April 22 will all center shipping will be completed or not?

Give some approvals hope man...

Most of us are waiting for your feedback on various questions posted here...

Thanks in advance,

Have a great weekend.
 
Retrogression

Last time, it retrogressed, it took 10 months to become concurrent....so lets see this time when it happens. By the way, this month, they moved 2 months forward EB3 to Jun 2002. Most of the filings have been done on EB2 recently, hence EB3 moving fast, similiarly Most of filing RIR, so You may see sooner after may be 2005, Non RIR may start moving faster than RIR. Not for the Reggional cases but for the SWA cases that were filed in Late 2003 onwards....

gouzai said:
do you know when EB3 will be concurrent? Thanks!
Click to expand...
 
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4 months have started already...

FYI,

That has already started, approvals have started too, U can think your approval somewhere in July-Aug. And since its taking a month for them to send letters out of approval. You are looking at something of Aug-Sept for sure.

Iam hopeful and pray that my words come correct. But as far as my guess is, You should see light in Aug-Sept ..or even before. Right now that are working 4/2001 as per Icarus, and that may be finishing soon.

One more good news for you , by the time your Labour gets cleared, your PD will be concurrent if you are EB3, if EB2, nei bother...You are concurrent and you are on the way to next forum soon.

Enjoy


g2p2 said:
My RIR, non-IT case was received at Texas state TWC in August 2002 which made it to the Dallas Regional DOL in February 2003. So my PD is 8/2002, all right? Now, according to the monthly break-down on page 112 of this thread/forum, there are 34173 Regional/RIR cases with PD August 2002 or earlier at the BEC. However, according to the monthly break-down on page 114 of this thread/forum, there are "only" 19648 such cases at the BEC. Divide it by 2 to allow for 2 BEC's. I get my Q# = 9824. Divide it by 90 : 110 days or almost 4 months. But when will that 4 month start from? Today, tomorrow, next month, next year, next decade? The possibilities are limitless with the BEC's............
Click to expand...
 
longwait5 said:
What are the dates that are being processed now for RIR cases? Somebody placed a post in Phily thread that 10/2002 RIR labor was approved. Could it be true that dates moved so fast?
Thanks a lot
Click to expand...
Dallas is still working on the 4/01 cases due to heavy 245i filings in CA and TX. Occasionally, a 5/01 case will get into the queue when the 4/01 cases get worked down but a definite progression to 5/01 or later has not yet occurred. One reason this happens is cases closed prematurely by PBLS will get re-entered (generating a new D-05xxx number) and will go to the top of the queue due to the earlier PD.
 
shaaka said:
Hi Icarus,

Is all labor approvals or denials be clearly visible or flooded only after Sep 2005...Is this true? Nothing magical about 9/05...certs are being worked as we speak. Data entry is estimated to continue for another 12 months.
Why we are not seeing any approvals recently? When will they start really?
cases are reviewed for approval/NOF after analysis is completed and a recommendation given. Looking at around 1000 cases pending certification alone in Dallas
Can we keep hope this year they will start processing atleast meaning all data enty will be completed.

By April 22 will all center shipping will be completed or not? Majority of shipping to BRC has been completed, but additional shipments may be forthcoming as SWA's close down that aspect of their processing and transfer to BRC.

Give some approvals hope man...

Most of us are waiting for your feedback on various questions posted here...

Thanks in advance,

Have a great weekend.
Click to expand...
 
Indiana case

Hi Folks,

If you case has been filed at Indiana SWA and now is at DBEC, if you have rec'd 45 days letter , please post here.... Thanks. I have not heard any Indiana case has been processed... :)
 
Lc Approval Here On 03/09

shaaka said:
Hi Icarus,

Is all labor approvals or denials be clearly visible or flooded only after Sep 2005...Is this true?
Why we are not seeing any approvals recently? When will they start really?

Can we keep hope this year they will start processing atleast meaning all data enty will be completed.

By April 22 will all center shipping will be completed or not?

Give some approvals hope man...

Most of us are waiting for your feedback on various questions posted here...

Thanks in advance,

Have a great weekend.
Click to expand...
Hey dude I got approved on 03/09 see signature for more info , so if your PD is 03/01 or 04/01 you will be rec a decsion soon on your case .

Ash
 
Help! Changing Job..11 mths on H1.

Respected LC Gurus and immigration scientists,

I am at a critical stage of my career and need your suggestions on what my next move should be at this juncture? Although this message looks long it will also be very helpful for others like me in this stage.

Starting this May 11 I will be kicking into my 6th year of H1. My employer "X" has filed LC for me in Sep 2001. Currently its non-RIR and EB3 skilled worker class. Made to SFO DOL twice. Remanded both the times (once during auto remand). By now it has probably made to Dallas BPC. The reason for remand was no experience mentioned in the original application - a screw up by old lawyer and negligent HR. New lawyer FDBL at X has amended the application properly mentioning 3 years of experience and special skilss and are very hopeful of the outcome slow but sure.

At this moement I have an offer in hand from another company "Y", which sounds very lucrative. To add to the mix my passport and I-94 and even the H1B approval notice 1-129 says My H1-B expiry date is August 11, 2006. It should have been May 11, 2006 because I entered USA on May 12, 2000 on H1. Its not due to any mis-representation on my part.

Y has clarified that if I accept the offer:

1. They will file me a new PERM-EB2 before August 11,2005. But positively can not file before May 11, 2005 (due to 60 day SWA job posting and sunday news paper ads for my position).
2. They will be able to file H1 extension based on the current I-94 expiry date which is August 2006.
3. If needed they are also willing to file H1 extension based on X's pending labor. X won't withdraw my LC but since this is at the BPC level I could get 45-day notice anytime soon. And if I am not with X at that time, they will not reply and I could lose my LC.

Questions :
1> Whats the better option at the moment? New LC under PERM EB2? Or waiting for the non-RIR EB3 which has PD of 09/2001?

2> Does CIS check whether LC is really pending or they just look at SWA receipt that we submit? (in this case I am safe to make the move but if they somehwo notice that its revoked or not valid, I am screwed)

3> When Y applies for H1 extension sometime early next year will CIS look into my entry date ( which is only a stamp in the passport ) or the actual papers (I-129, visa and I-94) to count the 6 years.

4>Should I believe in this August 11 date at all or stick to May 11 as my expiry date? Its not my mistake that they gave me extra 3 months for no reason. All the documents say August 11.

5> Is it worth making such a big move for few more bucks at the cost of a four year old LC which protects me from retrogression? At the other hand Y is my dream company

You thoughts and suggestions are greatly appreciated. I understand that they will be just the thoughts and not legal advice.

Thanks
 
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kab_ayega_gc said:
Respected LC Gurus and immigration scientists,

I have been a silent reader of these threads for over 3 years now. I am at a critical stage of my career and need your suggestions on what my next move should be at this juncture? Although this message looks long it will also be very helpful for others like me in this stage.

Starting this May 11 I will be kicking into my 6th year of H1. My employer "X" has filed LC for me in Sep 2001. Currently its non-RIR and EB3 skilled worker class. Made to SFO DOL twice. Remanded both the times (once during auto remand). By now it has probably made to Dallas BPC. The reason for remand was no experience mentioned in the original application - a screw up by old lawyer and negligent HR. New lawyer FDBL at X has amended the application properly mentioning 3 years of experience and special skilss and are very hopeful of the outcome slow but sure.
At this moement I have an offer in hand from another company "Y", which sounds very lucrative. To add to the mix my passport and I-94 and even the H1B approval notice 1-129 says My H1-B expiry date is August 11, 2006. It should have been May 11, 2006 because I entered USA on May 12, 2000 on H1. Its not due to any mis-representation on my part.

Y has clarified that if I accept the offer:

1. They will file me a new PERM-EB2 before August 11,2005. But positively can not file before May 11, 2005 (due to 60 day SWA job posting and sunday news paper ads for my position).
2. They will be able to file H1 extension based on the current I-94 expiry date which is August 2006.
3. If needed they are also willing to file H1 extension based on X's pending labor. X won't withdraw my LC but since this is at the BPC level I could get 45-day notice anytime soon. And if I am not with X at that time, they will not reply and I could lose my LC.

Questions :
1> Whats the better option at the moment? New LC under PERM EB2? Or waiting for the non-RIR EB3 which has PD of 09/2001?

2> Does CIS check whether LC is really pending or they just look at SWA receipt that we submit? (in this case I am safe to make the move but if they somehwo notice that its revoked or not valid, I am screwed)

3> When Y applies for H1 extension sometime early next year will CIS look into my entry date ( which is only a stamp in the passport ) or the actual papers (I-129, visa and I-94) to count the 6 years.

4>Should I believe in this August 11 date at all or stick to May 11 as my expiry date? Its not my mistake that they gave me extra 3 months for no reason. All the documents say August 11.

5> Is it worth making such a big move for few more bucks at the cost of a four year old LC which protects me from retrogression? At the other hand Y is my dream company

You thoughts and suggestions are greatly appreciated. I understand that they will be just the thoughts and not legal advice.

Thanks
Click to expand...
in my application for RIR the lawyer didn't mention the amount of yr of experience. it just asked for MS in geotechnical engineering. when i asked my lawyer about that, he told me it will be assumed by DOL as MS+0 yr experience.is that right?would this be a problem when BPC will process my application?

and when usually an RIR application is changed to non-RIR?
 
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