Dallas Backlog Elimination Center Tracking

Use substitute EB3 labor?

Hi Everbody,
I have been following this thread for some time. Following are my case details
RIR-EB2
PD= Nov 2002
DOL= May 2003
45 day letter (Recd. and replied Feb 2005)
Case#= D-04260-01XXX
My company has approved using a substitue labor in EB3 with PD ealier than June 2002. It seemed to be a lucky break until I heard the news about June cutoff for EB3. What do you guys think. Should I go ahead and file before Jul1 and probably wait in the 1-485 stage or wait for my EB2 LC to get approved. Thanks in advance
 
EB2orEB3 said:
Hi Everbody,
I have been following this thread for some time. Following are my case details
RIR-EB2
PD= Nov 2002
DOL= May 2003
45 day letter (Recd. and replied Feb 2005)
Case#= D-04260-01XXX
My company has approved using a substitue labor in EB3 with PD ealier than June 2002. It seemed to be a lucky break until I heard the news about June cutoff for EB3. What do you guys think. Should I go ahead and file before Jul1 and probably wait in the 1-485 stage or wait for my EB2 LC to get approved. Thanks in advance
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The priority date of the approved labor will not apply to you if you use that certified labor.
There are some legal intricacies on what your priority date would be if you use the approved labor. You should consult your attorney.
At this stage, it is probably better for you to wait for your current labor petition to be approved since you are EB2 eligible.
Even if EB2 retrogresses, since your PD is Nov 2002, you will be ok.
 
Thanks for the reply jnathan. My company lawyer confirmed that I should be able to file concurrently for -I-140/I-485 using the substitute EB3 labor before Jul1. My concern with going for EB3 is the rate at EB3 has been retgrogressing. However the random order of approvals from BEC do not give any clue as to how long it would take for my EB2 LC to get approved not to mention the possibility of retrogression for EB2
 
Dallas Backlog Processing Center Labor Certification Approvals Reported by Attorneys

Dallas Backlog Processing Center Labor Certification Approvals Reported by Attorneys

Attorneys started reporting approval of their clients' backlog labor certification applications which have been pending before the Dallas Processing Center. The DOL has yet to release the details on the adjudication of backlog labor certification applications, but reports indicate the approved cases are those which had been pending at the Regional Offices before it was transferred to the Dallas Processing Centers. Please stay tuned to this website for the new developments at the Backlog Processing Centers.

Source:Immigration-law.com
 
EB2orEB3 said:
Thanks for the reply jnathan. My company lawyer confirmed that I should be able to file concurrently for -I-140/I-485 using the substitute EB3 labor before Jul1. My concern with going for EB3 is the rate at EB3 has been retgrogressing. However the random order of approvals from BEC do not give any clue as to how long it would take for my EB2 LC to get approved not to mention the possibility of retrogression for EB2
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Retrogression Prediction from AILA sometime back in April.

For FY2005, that will end by september of this year 2005.
EB2 will be current, not going to retrogress by the end of Sept 05.
EB3 will remain where it is now, meaning there is no visa available worldwide from July 05.

For FY2006, that is going to start from Oct 05 to Sept 06.
EB2 China and India may be oversubscribed and experience retrogression, sometime during the FY 2006.
EB3 Slow movement of cut-off dates for China and India or in the worst case may retrogress further, depending on the pace of the USCIS I-485 backlog reduction speed. There is no specific pediction for the worldwide category, but no one will be surprised to see some level of oversubscription in some distant future as well.
source: www.immigration-law.com
 
IndiraGandhi said:
Hi, I have been an active member of this forum. I was wondering if any gurus can answer my few questions.

I applied my LC few years back. My lawyer said they have received a new case number in late december. Today I asked him, and he said the case number that was assigned to me is not valid anymore? How could I check why the case number in invalid when case number has already been assigned to a single individual?

This could be possible since one my collegue was first issued Dallas Bec new number and again was changed to another new number (actual reason not known)

Also I heard that the employer has right to transfer LC to someone else, which is commonly known as sub-labor. Which I term as the "selling labor". I suspect he alreday sold my labor, is it possible at this stage? I think they would not sell it if has not been approved, but seems like its been approved as other members during my timeline already received the approval notice.

If your LC was approved only the employer can use to substitute for other person after denying you. Before approval this is not possible. Your only source is your Attorney who should be able to tell that it was approved or NOT. If your Employer has done at this stage after approval without giving a chance it is Bad News. It is better to negotiate with your current employer than taking any evasive action.

I hope to get answers, but if you think that my question doesn't fit in this particular thread, you can ask any USNYCUS to remove it.

As long as it is questions related to GC and not discriminatory against personnel i dont think it is invalid. All the best
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Hong S said:
I asked this on the Philli thread, but thought to post here also since some people like Icarus only visit here. This is a little complicated, so I’d appreciate your patience and opinions:

Employer A filed my LC-RIR in May 2002, it reached CA regional and is now with Philli BEC. But the company shut down in 2003. I then joined company B, which happens to be a parent company of A, and filed a new LC in 2004. I am essentially doing the same work and in fact I’m still in the same building.

I have no idea if 45-day letter was mailed out, since no attorney or HR available to check with. Also I know A didn’t withdraw the application, otherwise it wouldn’t get to BEC in the first place.

Since the company is gone and nobody is going to use the LC, I was just wondering if there is any way that I can somehow use it if it is approved. But first thing is, is there any legal way to continue the application in regard to the 45-day letter. BTW, I still use the same attorney office but different lawyer, and they know each other.

This is probably next to impossible, but given the endless waiting ahead, I’m willing to explore all options. Any thoughts? Thanks guys and good luck to us all.
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If company was bought /take over with liabelities the new company has to file amendment to existing LC with BEC (you can check FAQ of DOL) If not when 45 day letter is issued the old company may not be able to answer and the applln will be closed. The best thing is immediately consult an attorney
 
GCCovet said:
Fellow sufferers with SWA Cases (Never made it to Regional).


Got an email from attorney, last week they Recd 45 day letter on my behalf and replied to it immediately.
Will provide more information (like Date recd. . Case # etc) as soon as I get a photocopy of the letter from attorney. (I hope paralegal is not screwing me up on this!)

My case details:
RIR-EB3
PD= 05/10/2004
SWA=WI (Wisconsin)
RD= Never made it to Regional
45 day letter (Recd. and replied in 2nd week of June 05)
Case#= Will publish it as soon as I get a photocopy of the letter from attorney's.

JustWatching, I will provide more information as soon as I get them for tracker update.
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Thanks for sharing the good news. I am in a similar situation and slightly behind you.

My case details:
RIR-EB3
PD= 10/20/2004
SWA=WI (Wisconsin)
RD= Never made it to Regional
 

Thanks for your prompt reply. I am sure that my employer has sold that pending LC, that I was looking to get it approved for the past few years. It was so misforutne that it did happen that way. I don't see any way out. My attorney is house based lawyer, who tends to listen to my employer than me, as he makes money from them. Time is too complicated as any move from my side will eventually jeopardize my way of finding jobs. I too know that staying with the same employer, I don't know what it will bring at the end as I have known from the past that he is indeed an inveterate liar.

Anyone could suggest me the way out, that would be great. I really wanted to know if that LC has been approved by DOL, and then he sold it to someone who is looking his/her way out without realizing that they are dealing with my 4 years work of hard labor. I am in drab state; well anyways, its not going to work even I poured all my energy to describe what I am running thru now. Thanks again for the previous reply by mnhrdc. I think the message is too long, but I could not just stop as this is the disgorged matter to me.
 
IndiraGandhi...

IndiraGandhi said:
Thanks for your prompt reply. I am sure that my employer has sold that pending LC, that I was looking to get it approved for the past few years. It was so misforutne that it did happen that way. I don't see any way out. My attorney is house based lawyer, who tends to listen to my employer than me, as he makes money from them. Time is too complicated as any move from my side will eventually jeopardize my way of finding jobs. I too know that staying with the same employer, I don't know what it will bring at the end as I have known from the past that he is indeed an inveterate liar.

Anyone could suggest me the way out, that would be great. I really wanted to know if that LC has been approved by DOL, and then he sold it to someone who is looking his/her way out without realizing that they are dealing with my 4 years work of hard labor. I am in drab state; well anyways, its not going to work even I poured all my energy to describe what I am running thru now. Thanks again for the previous reply by mnhrdc. I think the message is too long, but I could not just stop as this is the disgorged matter to me.
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Sorry to know that you have such an unprofessional employer. I would think it would be better for you to confirm that your LC is indeed being given to someone else. Talk to people around you; your peers and well-wishers in the company. Sometimes they might have an insight that we dont. The necessity to keep things secret at a work place usually works to only the EMPLOYER's advantage.
If you do end up confirming your worst fears, then it is pointless to continue with the current employer. You might as well make up some reason to quit amicably with the current company and move on to a place where the company is much more professional. But these are my personal thoughts and not necessarily the right piece of advice. Good luck and make sure you take actions after a lot of thought and deliberations.
 
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SFDoLRd_082003 said:
Sorry to know that you have such an unprofessional employer. I would think it would be better for you to confirm that your LC is indeed being given to someone else. Talk to people around you; your peers and well-wishers in the company. Sometimes they might have an insight that we dont. The necessity to keep things secret at a work place usually works to only the EMPLOYER's advantage.
If you do end up confirming your worst fears, then it is pointless to continue with the current employer. You might as well make up some reason to quit amicably with the current company and move on to a place where the company is much more professional. But these are my personal thoughts and not necessarily the right piece of advice. Good luck and make sure you take actions after a lot of thought and deliberations.
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Dear SanFranciscoDeptOfLaborReceivedDateAug03,
The comment you passed surely would have worked if I was working without being contracted. I work for a consulting firm, and they are so notorious in doing such a deed. The time I joined the company, I didn't hear about their bad karma, otherwise I would not join them no matter what. They are in East coast, and I am working here in West. My few peers are all in the site, and they are blindfolded as I am. So, here, in theory, the connotation doesn't work.

There is only one aggressive way to knock him down would be I am thinking about sending a detail note to Dallas BEC. I do have a labor receipt notice from DOL in the past, and I will include my paycheck which stongly holds the evidence that I am currently being employed by him. Also enclosed, I am attaching the welcome letter, and the attorney fee that I put on. What you guys think, does it work or no. Thanks for all your concern.
 
IG Dont loose cool

IndiraGandhi said:
Dear SanFranciscoDeptOfLaborReceivedDateAug03,
The comment you passed surely would have worked if I was working without being contracted. I work for a consulting firm, and they are so notorious in doing such a deed. The time I joined the company, I didn't hear about their bad karma, otherwise I would not join them no matter what. They are in East coast, and I am working here in West. My few peers are all in the site, and they are blindfolded as I am. So, here, in theory, the connotation doesn't work.

There is only one aggressive way to knock him down would be I am thinking about sending a detail note to Dallas BEC. I do have a labor receipt notice from DOL in the past, and I will include my paycheck which stongly holds the evidence that I am currently being employed by him. Also enclosed, I am attaching the welcome letter, and the attorney fee that I put on. What you guys think, does it work or no. Thanks for all your concern.
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First it all depends on how long you have 6yr Visa period left and based on that i feel actions should be taken.
1.If you have enough time left, ie atleast one year and above change the employer and start the New LC under PERM.
2.I believe in negotiations and bringing any kind of People to table will solve the issues and other actions will make the other half chances to loose.
3.If he is after money better neogotiate
4.What you are suggesting does not help you in any way and that is the last step before leaving the country/Employer
5.Please think cooly and this not the end of world and you definitely will see some workable solutions for this.
6 i definitely understand your pain and anger but i feel you must try to see some oppurtunity in this trying period and take action as suggested by you only if required as a last card in your hand.
7.Be Cool,Get Motivated and this is not end of World for young folks like you
Disclaimer for others :If not intrested in reading ignore/skip it
 
Dear Mr. mnhrdc. I really appreicate your input in suggesting the solution. Moreover, I am so greatful and thankful to you in answering my post during this hour. I could not sleep and try got myself googled to see if any possible solution to my burn, but there is nothing out there to heal my fresh wound.

I have been employed with him for the past 5 years. I am with him since the establishment of my OPT accordance. I saved 1 full year working in OPT. I still have 2 years in my H1B.

If I go to find new employer, it will again take some time, and I am not sure due to visa retrogression, even I go with PERM, when my time will come to see if I can file 140/485. One of my his former employee, he asked for 15K to get his GC done. He would certainly ask me that much amount, which I don't have, as I don't have this much savings. Do you guys think ICARUS could help me if I give him the D-BEC case number, if he could verify its been approved or no. This is the only thing thats killing me to know if any CO's has unfortunately signed the petition without any RFE and get it done.
 
calling Dallas BEC ?

Can someone call Dallas BEC and try to get info on pds being processed,approvals being mailed out ?
If we are lucky we may get some data from them.
I saw that phily folks got some good data from
philly BEC
This would serve as a "reality check"
hopefully analysis done by other forum members gets validated!
 
also talk to a competent lawyer

sorry to hear about your bad luck. i'd recommend you talk to a competent lawyer before taking an aggressive action. It'll probably cost you areound $100 but at least you'll get professional advice. Maybe you can consider Rajiv Khanna or Sheela Murthy? (I never used these attorneys and only know about them through the web sites).

One point is not very clear to me - can an employer really sustitute a labor certificate while the beneficiary (you) is still working for him? at the same position?

Good luck!

IndiraGandhi said:
Dear Mr. mnhrdc. I really appreicate your input in suggesting the solution. Moreover, I am so greatful and thankful to you in answering my post during this hour. I could not sleep and try got myself googled to see if any possible solution to my burn, but there is nothing out there to heal my fresh wound.

I have been employed with him for the past 5 years. I am with him since the establishment of my OPT accordance. I saved 1 full year working in OPT. I still have 2 years in my H1B.

If I go to find new employer, it will again take some time, and I am not sure due to visa retrogression, even I go with PERM, when my time will come to see if I can file 140/485. One of my his former employee, he asked for 15K to get his GC done. He would certainly ask me that much amount, which I don't have, as I don't have this much savings. Do you guys think ICARUS could help me if I give him the D-BEC case number, if he could verify its been approved or no. This is the only thing thats killing me to know if any CO's has unfortunately signed the petition without any RFE and get it done.
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State or Regional

Does BEC handle the case differently if the case had made to regional before going to BEC. Does that speed up the process?
 
jxm0020 said:
Does BEC handle the case differently if the case had made to regional before going to BEC. Does that speed up the process?
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BEC will not treat Regional & SWA cases seperately BUT still Regional Cases will be approved bit faster because of two reasons

1) Most Regional cases reached & entered earlier then the SWA ones
2) SWA part is complete in those cases
 
IndiraGandhi said:
Dear Mr. mnhrdc. I really appreicate your input in suggesting the solution. Moreover, I am so greatful and thankful to you in answering my post during this hour. I could not sleep and try got myself googled to see if any possible solution to my burn, but there is nothing out there to heal my fresh wound.

I have been employed with him for the past 5 years. I am with him since the establishment of my OPT accordance. I saved 1 full year working in OPT. I still have 2 years in my H1B.

If I go to find new employer, it will again take some time, and I am not sure due to visa retrogression, even I go with PERM, when my time will come to see if I can file 140/485. One of my his former employee, he asked for 15K to get his GC done. He would certainly ask me that much amount, which I don't have, as I don't have this much savings. Do you guys think ICARUS could help me if I give him the D-BEC case number, if he could verify its been approved or no. This is the only thing thats killing me to know if any CO's has unfortunately signed the petition without any RFE and get it done.
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Two years is lot and think about surviving and as i said earlier GC is not everything and also by end of 2006 the whole process is being planned to be completed in 6 months. So dont loose heart with current sitiuation.
1.I am not sure how you are able to say that yours have been certified
2.I am confident that approvals have not come in large quantities to know where exactly the PD Q stands.
3.Send a status check to Dallas BEC to know about your case with company email id.
4.It is better we take this offline in PM if you want
 
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