Dallas Backlog Elimination Center Tracking

[indio0617]

We contacted TWC (my attorney and myself) and they confirmed that my case and some other files are still there. By the way they were very rude and offending in answering questions. The polite translation can be:
Q- What are those files? A: Enterjet files.
Q- Are you doing any process on them? A:No
Q- Why are those files still there? A: No idea
Q- When do you send them? A: No idea, check back every other month
Q- But DOL website says all files have been shipped to BEC? No idea

Asib:

It is very concerning to hear that some enterject files are still with TWC. Can you clarify if you found out whether all cases filed with Enterject are still with TWC or is it just after a certain Priority date.

Thanks.

 

[nother1inline]

this 5000 mark will make Approval Queue to reach PD Nov 2002 ?

thanks for your insights

Approval queue at 11/02!! - That would make it awfully painful for the guys with PDs before 11/02 to make surmises on reasons for not receiving the approval (NOF or some correspondence!!) from the Centre!!!

 

[Bunty2772]

All the Gurus (and that does include Icarus), I need you help a lot to decide on something. I asked this question before but got conflicting answers. Maybe I wasn't clear so I will try again. Please try and help me figure out what the right thing to do is.

I have 2 year left on my H1B. My labor was filed in Texas SWA on Oct, 2002 and was forwarded to Dallas Regional on May, 2003. It was then transferred to Dallas BEC and the 45-day letter was replied to in Jan 2005. The position is for a Software Engineer with B.E and 3 years experience. It will obviously qualify as an EB3 case. I have another opportunity (offer) from a company that is ready to file for my labor (EB2 qualified) in PERM right away. Since the EB3 dates have retrogressed (and may retrogress even more), is it a good idea to jump to this new company and go through with a brand new application? Even with EB2 dates retrogress, my guess is that they will not retrogress more than EB3. And since I have 2 years on my H1B (expires in Apr' 2007), I may be eligible for 1 or 3 year extensions on my H1B if I dont get my GC by then.

What do you think? Please share your opinion on this case. I am desperate for answers since I need a make a decision quickly.

 

[GCCovet]

All the Gurus (and that does include Icarus), I need you help a lot to decide on something. I asked this question before but got conflicting answers. Maybe I wasn't clear so I will try again. Please try and help me figure out what the right thing to do is.

I have 2 year left on my H1B. My labor was filed in Texas SWA on Oct, 2002 and was forwarded to Dallas Regional on May, 2003. It was then transferred to Dallas BEC and the 45-day letter was replied to in Jan 2005. The position is for a Software Engineer with B.E and 3 years experience. It will obviously qualify as an EB3 case. I have another opportunity (offer) from a company that is ready to file for my labor (EB2 qualified) in PERM right away. Since the EB3 dates have retrogressed (and may retrogress even more), is it a good idea to jump to this new company and go through with a brand new application? Even with EB2 dates retrogress, my guess is that they will not retrogress more than EB3. And since I have 2 years on my H1B (expires in Apr' 2007), I may be eligible for 1 or 3 year extensions on my H1B if I dont get my GC by then.

What do you think? Please share your opinion on this case. I am desperate for answers since I need a make a decision quickly.

Bunty,
I these situation, if I were you, I would go for PERM (provided it is filled in EB2) immediately, without wasting a single moment.
Good luck.

 

[spidey]

All the Gurus (and that does include Icarus), I need you help a lot to decide on something. I asked this question before but got conflicting answers. Maybe I wasn't clear so I will try again. Please try and help me figure out what the right thing to do is.

I have 2 year left on my H1B. My labor was filed in Texas SWA on Oct, 2002 and was forwarded to Dallas Regional on May, 2003. It was then transferred to Dallas BEC and the 45-day letter was replied to in Jan 2005. The position is for a Software Engineer with B.E and 3 years experience. It will obviously qualify as an EB3 case. I have another opportunity (offer) from a company that is ready to file for my labor (EB2 qualified) in PERM right away. Since the EB3 dates have retrogressed (and may retrogress even more), is it a good idea to jump to this new company and go through with a brand new application? Even with EB2 dates retrogress, my guess is that they will not retrogress more than EB3. And since I have 2 years on my H1B (expires in Apr' 2007), I may be eligible for 1 or 3 year extensions on my H1B if I dont get my GC by then.

What do you think? Please share your opinion on this case. I am desperate for answers since I need a make a decision quickly.

Bunty,

I agree with GCCovet. I would go for PERM and promotion. Either case you are probably looking at 2 - 3 years for GC (in case EB2 also retrogresses) - If EB2 doesn't retrogress, then you are better off for GC with new and higher position.

Either way new position has better title / pay - it's a step in the right direction for your career. You have time on H1 - I wuldn't be asking this question here - to me it seems like a no brainer.

Good wishes and luck to you.

 

[sfmars]

All the Gurus (and that does include Icarus), I need you help a lot to decide on something. I asked this question before but got conflicting answers. Maybe I wasn't clear so I will try again. Please try and help me figure out what the right thing to do is.

I have 2 year left on my H1B. My labor was filed in Texas SWA on Oct, 2002 and was forwarded to Dallas Regional on May, 2003. It was then transferred to Dallas BEC and the 45-day letter was replied to in Jan 2005. The position is for a Software Engineer with B.E and 3 years experience. It will obviously qualify as an EB3 case. I have another opportunity (offer) from a company that is ready to file for my labor (EB2 qualified) in PERM right away. Since the EB3 dates have retrogressed (and may retrogress even more), is it a good idea to jump to this new company and go through with a brand new application? Even with EB2 dates retrogress, my guess is that they will not retrogress more than EB3. And since I have 2 years on my H1B (expires in Apr' 2007), I may be eligible for 1 or 3 year extensions on my H1B if I dont get my GC by then.

What do you think? Please share your opinion on this case. I am desperate for answers since I need a make a decision quickly.

In your particular case PERM is the best solution.

If I were you It wouldn't be the question for me.
You have plenty of time to file PERM even several times (if your new company is not successful from the first time).

This BEC is oriented for long long years of waiting.

Only individuals who are on the 7th, 8th, 9th year of H1 should be worried about PERM.

 

[thedream]

how fast of using visa number

Gurus,

Questions:
1) It seems EB3 labor approvels started from March, 2005, and the visa number is gone till June, which means only 3 to 4 months. If it still keep the current retrogress date (May, 2002 for some countries) and if there are more approvals come between July and Sept., then when the visa number is available from Oct. 1, 2005, how soon the visa number will be run out of? one month?
2) Do 245i cases belong to EB3? Many cases filed on April 2001 are 245i case, is that right?

Thanks

 

[dsugandhi]

Bunty2772,

Do you qualify for EB2 because you have MS degree or you have BS+5 years? For PERM, I have not seen even a single approval for BS+5 years exp. I have seen PERM approvals for MS+0 years exp. So if you qualify for BS+5 as EB2 then stick to your current company as your LC will be certified at any time now. However, if you have MS+0 or more then you might have to think for PERM. Also PERM takes about atleast 3 months to file and then may be 1 or 2 months for certification. so overall it takes about 4 to 6 months.

 

[msabir]

Icarus: PLEASE HELP

Icarus
I wish there was someone like you from Philly BEC as well, but we have no clue about philly as to what is going on there. There is a dead lock there and we are very frustrated. Can you please shed some lights as to why philly continues to have excuses (i.e computer problems, etc) and why they are still stuck in April 2001 when DBEC is processing late 2002. If you can please use your inside contacts to share the frustration with philly BEC folks, that will be a GREAT help. We even have tried to contact senetors, media folks, congressmen, etc, but no luck Waiting for an "Icarus" from philly.

the 300,000 number has grown a bit by the way....that number is the total of backlogged regional and SWA cases together. While I doubt data entry will be completed by September, they are trying to get all of the cases entered in abbreviated form by then so that cases can be accounted for.

 

[mnhrdc]

All the Gurus (and that does include Icarus), I need you help a lot to decide on something. I asked this question before but got conflicting answers. Maybe I wasn't clear so I will try again. Please try and help me figure out what the right thing to do is.

I have 2 year left on my H1B. My labor was filed in Texas SWA on Oct, 2002 and was forwarded to Dallas Regional on May, 2003. It was then transferred to Dallas BEC and the 45-day letter was replied to in Jan 2005. The position is for a Software Engineer with B.E and 3 years experience. It will obviously qualify as an EB3 case. I have another opportunity (offer) from a company that is ready to file for my labor (EB2 qualified) in PERM right away. Since the EB3 dates have retrogressed (and may retrogress even more), is it a good idea to jump to this new company and go through with a brand new application? Even with EB2 dates retrogress, my guess is that they will not retrogress more than EB3. And since I have 2 years on my H1B (expires in Apr' 2007), I may be eligible for 1 or 3 year extensions on my H1B if I dont get my GC by then.

What do you think? Please share your opinion on this case. I am desperate for answers since I need a make a decision quickly.

What is your objective ? Carreer Growth or GC

Positives
2yrs of H1
PD is Oct 2002 (current analyzing is at Nov 2002 as per icarus)
PERM in EB2 ( Do you have MS or Progressive 5yrs of experience before you take up this new job)
Negatives
Attorneys are not sure of PERM successful process at this time
You require another 6 months to file PERM (ad,wage,etc.)
Priv wage should be higher (does your company ready to pay ?)
Your PD will be in Year 2006

My call
I would wait for another 3 - 6 months before i take decesion if my objective is GC
I would rightaway take the new JOB if my objectiveis Career Growth since i have 2 more years on my H1

 

[gp111]

Gurus,

Questions:
1) It seems EB3 labor approvels started from March, 2005, and the visa number is gone till June, which means only 3 to 4 months. If it still keep the current retrogress date (May, 2002 for some countries) and if there are more approvals come between July and Sept., then when the visa number is available from Oct. 1, 2005, how soon the visa number will be run out of? one month?
2) Do 245i cases belong to EB3? Many cases filed on April 2001 are 245i case, is that right?

Thanks

Visa Quota of the year for each category starts in Oct each year. Also I did not understand your statement "(It seems EB3 labor approvels started from March, 2005)" Many Regional Offices are approving LCs since last sept-oct (which goes to Visa Quota of 2005).. Boston, San Francisco, New York are still approving case (at a slower rate then normal)..

EB-3 has 40K yearly quota (plus unused EB-2 & EB-1).. Each country can take max of about 7% of 40K ( approx 3000 visas a year).

98% of 245i cases comes under OTHER WORKERS (10K per year) Quota & will not take any of regular EB-3 numbers.

In addition this year Schedual "A" workers have seperate quota so that would be a relief on regular EB-3

 

[mnhrdc]

Gurus,

Questions:
1) It seems EB3 labor approvels started from March, 2005, and the visa number is gone till June, which means only 3 to 4 months. If it still keep the current retrogress date (May, 2002 for some countries) and if there are more approvals come between July and Sept., then when the visa number is available from Oct. 1, 2005, how soon the visa number will be run out of? one month?

It is tough to predict now and it is better to complete I-140 process and keep ready all I-485 papers and wait for Sept 15 Visa bulletin

2) Do 245i cases belong to EB3? Many cases filed on April 2001 are 245i case, is that right?
Yes, but belongs to others skilled catagory of EB3

Thanks

 

[m_chundi]

Visa Quota of the year for each category starts in Oct each year. Also I did not understand your statement "(It seems EB3 labor approvels started from March, 2005)" Many Regional Offices are approving LCs since last sept-oct (which goes to Visa Quota of 2005).. Boston, San Francisco, New York are still approving case (at a slower rate then normal)..

EB-3 has 40K yearly quota (plus unused EB-2 & EB-1).. Each country can take max of about 7% of 40K ( approx 3000 visas a year).

98% of 245i cases comes under OTHER WORKERS (10K per year) Quota & will not take any of regular EB-3 numbers.

In addition this year Schedual "A" workers have seperate quota so that would be a relief on regular EB-3

GP111,
Come october Nurses may be using the regular EB-3 quota, untill the quota is consumed. Not very sure though.
--MC

 

[Bunty2772]

Thank you for all the inputs. Looks like PERM approval will take 6 months. Meanwhile, I am sure my current case will take atleast a month or two more since my PD is Oct 2002. And there is no guarantee that it will be approved right away, there might even be a NOF in between.

Even if the PERM takes 6 months, I may be able to make up for that time going with EB2. And yes, I do qualify for EB2 because I do have a Masters and 4 years experience. The job requirement current shows as B.S with 8 to 12 years experience. What's the deal with B.S + 5 yrs not being approved at all in PERM? That is weird indeed.

It is difficult to choose between G.C and career growth. But if both the processes take the same amount of time, then I'd definitely would like to pursue career growth.

Icarus, would you mind piping in since your views are very much respected in this forum. Others, please keep adding to this to help me make the right decision.

 

[nother1inline]

Visa Quota of the year for each category starts in Oct each year. Also I did not understand your statement "(It seems EB3 labor approvels started from March, 2005)" Many Regional Offices are approving LCs since last sept-oct (which goes to Visa Quota of 2005).. Boston, San Francisco, New York are still approving case (at a slower rate then normal)..

EB-3 has 40K yearly quota (plus unused EB-2 & EB-1).. Each country can take max of about 7% of 40K ( approx 3000 visas a year).

98% of 245i cases comes under OTHER WORKERS (10K per year) Quota & will not take any of regular EB-3 numbers.

In addition this year Schedual "A" workers have seperate quota so that would be a relief on regular EB-3

What is the quota for EB2? And what's the %age max for each country? I was under the (probably false!) impression that the total quota (EB2+Eb3) was 40K

 

[abzy2004]

What is the quota for EB2? And what's the %age max for each country? I was under the (probably false!) impression that the total quota (EB2+Eb3) was 40K

Every visa bulletin explains this:
http://travel.state.gov/visa/frvi/bulletin/bulletin_2539.html
Highlights:
:
annual employment-based preference immigrants is at least 140,000. => 28.6% = 40k
:
First: Priority Workers: 28.6% + not required for fourth and fifth preferences.
:
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% + not required by first preference.
:
Third: Skilled Workers, Professionals, and Other Workers: 28.6% + any numbers not required by first and second preferences,
not more than 10,000 of which to "Other Workers".
Schedule A Workers are entitled to up to 50,000 “recaptured” numbers.

NOTE THIS: 245(i) will be out of "Other category" - So effectively, for skilled workers, EB3 is equal to 30,000. Also, not sure if per-country limit still applies to 245(i). I guess, per-country limit supercedes everything.

As far as per-country, this statement is very confusing:
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.

 

[terminator2004]

AZ NON RIR/ PV 4466 and AZ LC

AZ NON RIR/ PV 4466 and AZ LC
------------------------- -------------------------------------------------------

Hi
AZ NON RIR / PV 4466 and AZ LC -
You all seem to be in a similar situation as mine -

PD - JAN 2003
RD - JAN 2004
EB2 - NON RIR from AZ
Moved to Dallas BRC from SFO DOL - jun 2005
45 day received and response sent - jun 2005

Let me know if you guys have any updates regarding your cases

Thanks

 

[PV4466]

Az Non-RIR

Good to see you got your 45 day letter. I haven't received mine yet. Looks like Dallas BRC is processing 2001 application now for non-RIR - how long do you think are they going to take to process 2003 applications - my PD Dec 03. Looks like it will take 2.5 years to reach Dec 2003 non-RIR cases.

Thanks,

PV

AZ NON RIR/ PV 4466 and AZ LC
------------------------- -------------------------------------------------------

Hi
AZ NON RIR / PV 4466 and AZ LC -
You all seem to be in a similar situation as mine -

PD - JAN 2003
RD - JAN 2004
EB2 - NON RIR from AZ
Moved to Dallas BRC from SFO DOL - jun 2005
45 day received and response sent - jun 2005

Let me know if you guys have any updates regarding your cases

Thanks

 

[Bunty2772]

Just to make things more interesting, I just got a mail from my lawyer that the Dallas BEC is requesting more information regarding the actual recruitment process in my case. My lawyer has asked for these details to formulate a response. I am not sure how long all this is going to take.

All the Gurus (and that does include Icarus), I need you help a lot to decide on something. I asked this question before but got conflicting answers. Maybe I wasn't clear so I will try again. Please try and help me figure out what the right thing to do is.

I have 2 year left on my H1B. My labor was filed in Texas SWA on Oct, 2002 and was forwarded to Dallas Regional on May, 2003. It was then transferred to Dallas BEC and the 45-day letter was replied to in Jan 2005. The position is for a Software Engineer with B.E and 3 years experience. It will obviously qualify as an EB3 case. I have another opportunity (offer) from a company that is ready to file for my labor (EB2 qualified) in PERM right away. Since the EB3 dates have retrogressed (and may retrogress even more), is it a good idea to jump to this new company and go through with a brand new application? Even with EB2 dates retrogress, my guess is that they will not retrogress more than EB3. And since I have 2 years on my H1B (expires in Apr' 2007), I may be eligible for 1 or 3 year extensions on my H1B if I dont get my GC by then.

What do you think? Please share your opinion on this case. I am desperate for answers since I need a make a decision quickly.

 

[gp111]

Just to make things more interesting, I just got a mail from my lawyer that the Dallas BEC is requesting more information regarding the actual recruitment process in my case. My lawyer has asked for these details to formulate a response. I am not sure how long all this is going to take.

Good News.. You will get certification soon.

This also confirms that Dallas BPC is working on OCT 2002 & beyond PD Cases.