Dallas Backlog Elimination Center Tracking

Hopeful in Hopeless Situation - Retrogression

Hi guys,

There are many know know about this and many who are just not aware. The current Visa retrogression that has happened for all EB categories was always expected.

If you are basically from India & you have PD somewhere in 2001, then your wait time will be more than 15 years if the unused VISA is not extracted for use by the Congress. I am not fooling around here, that is the correct scenario.

India gets 2800 EB3, 2800 Eb2, 2800 EB1 visa's every year. And I assume there are more than 5,000 Indians who are approximately waiting for Eb2,Eb3 since 2001. Since most of us get married , so It makes it double, So make those 5000 to 10000. Hence every 4 year, the forward movement will be 1 year.

The only way this numbers will become concurrent is if the Congressmen acts on a bill and pass it. Even that will take an year to do. That is one of the possibility.

Thanks,
Tanvir
 
Zany_Brainy said:
Since your Labor Cert is pending since July 2002 your H1 can be extended indefinitely till you stay with the same company. AC21 applies only when you change companies after approval of I140.

Also since you have not recieved your approval yet, most likely situation is your case must have been miscategorized. My case RIR EB2 was miscategorized as NON-RIR and is still sitting in queue after repeated attempts to get it fixed

thanks
Click to expand...

thx zany for clarification. i feel much relieved now.

Another questions is that how can I find out if my case is miscategorized or not?
 
My take on the visa bulletin

First of all: don't panic. None of what has happened was completely unexpected. Yes, the cut-off dates are a little more drastic than most people thought, but in the end this does not really matter. The time it takes for the cut-off dates to reach your personal PD only depends on how many others there are ahead of you in line (and on whether Congress increases visa numbers). It does not depend on the particular date where the cut-off dates start off at. That way, whether India starts off in 98 or 01 makes no difference in how long it takes to reach 02 or 03.

The problem is, as others have said, that the BEC's are about to generate a flood of approved LC's, and CIS has to "defend" itself against that. The job of CIS is not easy. If they are too liberal in using visa numbers then at the end of the FY they end up with a category being unavailable. That makes them look bad, is unfair to applicants who apply around that time, and is exactly what happened with EB3 in FY2005. If they are too conservative in issuing numbers then they may end up with unused numbers (as with EB2 in FY2005), and the lobbying groups and lawyers associations are going to hit them over the heads with very big sticks :), especially if numbers cannot be recovered in the next FY.

I don't think it is a coincidence that the BEC's were supposed to finish data entry right before CIS was supposed to issue the first visa bulletin for FY2006. CIS probably expected to get statistics on the PD distribution of LC applications (and estimates on approval dates) from the BEC's, and now that the BEC's are lagging behind, CIS has a hard time estimating the precise demand for each PD and category.

As a result they are overly cautious and are pushing PD's so far back that there is no chance of them getting "overrun" by unexpected LC's. Not a bad strategy really, and it has the nice (for them) side effect of also reducing their backlog -- something they are required to do during FY2006 anyway. I don't see any ulterior motives or political ploys here, just a good sense of management.

However the CIS cannot keep stonewalling like this forever. The backlog in some service centers is relatively short already (considering that, even without a backlog, an I-485 takes a few months to approve because of background checks), so eventually they will have to start accepting new applications again and move the cut-off dates forward. And, no, I don't think that the "nurses issue" fully explains the cut-off-dates. They are part of the puzzle, but only a small part. I think the real issue is that CIS is very annoyed and unsure about what is going on at the BECs, and they don't want to end up in a tight spot at the end of FY2006.

CIS is probably trying to wait until the BEC's have their act fully together, start approving ALL LC apps by PD (including state and TR), with synchronized PDs, and can project overall approval dates, so they can predict demand during FY2006. Either way though, I don't think it will take longer than 3-4 months before CIS moves the cut-off dates forward to the point where they get a good inflow of applications (2001 or later), because by that time some service centers will start to run out of work :). After that it will be very slow moving for India, and moderate for rest-of-world, as everyone has been expecting all along anyway.

In the meantime just sit tight and don't panic...
 
Not Always Wrong

Thinking about following case,

Somebody applied for PERM 2 month ago, and got approved this month.

Then he start file I-140/485 next month and get approved in 6 months.

Some of us have PD in 2001/2002 still wait for BEC to certified LC.
if they are lucky to get LC after 6 months and find the visa number for EB2/3 will
be used out by PERM application with PD 06/2005, what's their feeling?

I think CIS will adjust themself to prepare for FIFO for next couple months.

That's my best guess:)

Not always wrong.
Kanjoos said:
Hi guys,

There are many know know about this and many who are just not aware. The current Visa retrogression that has happened for all EB categories was always expected.

If you are basically from India & you have PD somewhere in 2001, then your wait time will be more than 15 years if the unused VISA is not extracted for use by the Congress. I am not fooling around here, that is the correct scenario.

India gets 2800 EB3, 2800 Eb2, 2800 EB1 visa's every year. And I assume there are more than 5,000 Indians who are approximately waiting for Eb2,Eb3 since 2001. Since most of us get married , so It makes it double, So make those 5000 to 10000. Hence every 4 year, the forward movement will be 1 year.

The only way this numbers will become concurrent is if the Congressmen acts on a bill and pass it. Even that will take an year to do. That is one of the possibility.

Thanks,
Tanvir
Click to expand...
 
hkr said:
First of all: don't panic. None of what has happened was completely unexpected. Yes, the cut-off dates are a little more drastic than most people thought, but in the end this does not really matter. The time it takes for the cut-off dates to reach your personal PD only depends on how many others there are ahead of you in line (and on whether Congress increases visa numbers). It does not depend on the particular date where the cut-off dates start off at. That way, whether India starts off in 98 or 01 makes no difference in how long it takes to reach 02 or 03.

The problem is, as others have said, that the BEC's are about to generate a flood of approved LC's, and CIS has to "defend" itself against that. The job of CIS is not easy. If they are too liberal in using visa numbers then at the end of the FY they end up with a category being unavailable. That makes them look bad, is unfair to applicants who apply around that time, and is exactly what happened with EB3 in FY2005. If they are too conservative in issuing numbers then they may end up with unused numbers (as with EB2 in FY2005), and the lobbying groups and lawyers associations are going to hit them over the heads with very big sticks :), especially if numbers cannot be recovered in the next FY.

I don't think it is a coincidence that the BEC's were supposed to finish data entry right before CIS was supposed to issue the first visa bulletin for FY2006. CIS probably expected to get statistics on the PD distribution of LC applications (and estimates on approval dates) from the BEC's, and now that the BEC's are lagging behind, CIS has a hard time estimating the precise demand for each PD and category.

As a result they are overly cautious and are pushing PD's so far back that there is no chance of them getting "overrun" by unexpected LC's. Not a bad strategy really, and it has the nice (for them) side effect of also reducing their backlog -- something they are required to do during FY2006 anyway. I don't see any ulterior motives or political ploys here, just a good sense of management.

However the CIS cannot keep stonewalling like this forever. The backlog in some service centers is relatively short already (considering that, even without a backlog, an I-485 takes a few months to approve because of background checks), so eventually they will have to start accepting new applications again and move the cut-off dates forward. And, no, I don't think that the "nurses issue" fully explains the cut-off-dates. They are part of the puzzle, but only a small part. I think the real issue is that CIS is very annoyed and unsure about what is going on at the BECs, and they don't want to end up in a tight spot at the end of FY2006.

CIS is probably trying to wait until the BEC's have their act fully together, start approving ALL LC apps by PD (including state and TR), with synchronized PDs, and can project overall approval dates, so they can predict demand during FY2006. Either way though, I don't think it will take longer than 3-4 months before CIS moves the cut-off dates forward to the point where they get a good inflow of applications (2001 or later), because by that time some service centers will start to run out of work :). After that it will be very slow moving for India, and moderate for rest-of-world, as everyone has been expecting all along anyway.

In the meantime just sit tight and don't panic...
Click to expand...


Good analysis not to mention uplifting!!!
but this could also get into the "famous last words" :p :D

personally i think immigration will be cut down, but not altogether
eliminated for technical folks. BUT this retrogression has probably
nothing to do with it...
 
visa retrogression: 3 year H1 extension in another company

Hi,
As we all know, most of us can't get an EAD and can't take advantage of AC-21 after retorgression of priority dates.
We know that if labour and I140 is approved and we are unable to apply for I 485, we can get H1 extension in increments of 3 year.
My question is -
CAN WE GET THIS 3 YEAR H1 EXTENSION IN ANOTHER COMPANY (on basis of labour and approved I 140 in the previous company)
 
hkr said:
First of all: don't panic. None of what has happened was completely unexpected. Yes, the cut-off dates are a little more drastic than most people thought, but in the end this does not really matter. The time it takes for the cut-off dates to reach your personal PD only depends on how many others there are ahead of you in line (and on whether Congress increases visa numbers). It does not depend on the particular date where the cut-off dates start off at. That way, whether India starts off in 98 or 01 makes no difference in how long it takes to reach 02 or 03.

The problem is, as others have said, that the BEC's are about to generate a flood of approved LC's, and CIS has to "defend" itself against that. The job of CIS is not easy. If they are too liberal in using visa numbers then at the end of the FY they end up with a category being unavailable. That makes them look bad, is unfair to applicants who apply around that time, and is exactly what happened with EB3 in FY2005. If they are too conservative in issuing numbers then they may end up with unused numbers (as with EB2 in FY2005), and the lobbying groups and lawyers associations are going to hit them over the heads with very big sticks :), especially if numbers cannot be recovered in the next FY.

I don't think it is a coincidence that the BEC's were supposed to finish data entry right before CIS was supposed to issue the first visa bulletin for FY2006. CIS probably expected to get statistics on the PD distribution of LC applications (and estimates on approval dates) from the BEC's, and now that the BEC's are lagging behind, CIS has a hard time estimating the precise demand for each PD and category.

As a result they are overly cautious and are pushing PD's so far back that there is no chance of them getting "overrun" by unexpected LC's. Not a bad strategy really, and it has the nice (for them) side effect of also reducing their backlog -- something they are required to do during FY2006 anyway. I don't see any ulterior motives or political ploys here, just a good sense of management.

However the CIS cannot keep stonewalling like this forever. The backlog in some service centers is relatively short already (considering that, even without a backlog, an I-485 takes a few months to approve because of background checks), so eventually they will have to start accepting new applications again and move the cut-off dates forward. And, no, I don't think that the "nurses issue" fully explains the cut-off-dates. They are part of the puzzle, but only a small part. I think the real issue is that CIS is very annoyed and unsure about what is going on at the BECs, and they don't want to end up in a tight spot at the end of FY2006.

CIS is probably trying to wait until the BEC's have their act fully together, start approving ALL LC apps by PD (including state and TR), with synchronized PDs, and can project overall approval dates, so they can predict demand during FY2006. Either way though, I don't think it will take longer than 3-4 months before CIS moves the cut-off dates forward to the point where they get a good inflow of applications (2001 or later), because by that time some service centers will start to run out of work :). After that it will be very slow moving for India, and moderate for rest-of-world, as everyone has been expecting all along anyway.

In the meantime just sit tight and don't panic...
Click to expand...


I agree. I think there will be a startegy to reduce backlog and also syncronize PDs across the CIS. We need to remember at the time of launching BECs, in their press release they mentioned goal is by end of Sep 2006, at any time the processing cycle will be not more than 6 months. Now after the dataentry, BEC will determine least PD and they will start working on approvals, accordingly cutoff dates will move further.

Let's wait for good days.

Thanks
CA PD 02
EB2 RIR CA
PD: Jun 2002
45 Days letter replied: jan 05
LC: No sign
 
3 Year extension after I140 Approval?

Hi manm17 and Gurus

Once I140 get approved can we file 3 years of H1B extension N number of times?????

Many Thanks

manm17 said:
Hi,
As we all know, most of us can't get an EAD and can't take advantage of AC-21 after retorgression of priority dates.
We know that if labour and I140 is approved and we are unable to apply for I 485, we can get H1 extension in increments of 3 year.
My question is -
CAN WE GET THIS 3 YEAR H1 EXTENSION IN ANOTHER COMPANY (on basis of labour and approved I 140 in the previous company)
Click to expand...
 
Reinstating the mistakenly closed case?

Hi,

My LC was mistakenly closed by Dallas BEC as 45 day was not received/responded. ( infact, My employer and attorney did not receive 45 day letter).

Is any body in similar sitution ?

Any body got the case reinstated? & How many weeks/months time does it take for reinstating the closed case?

My current H1B expires on Jan06 and Is there any way I can renew my 7th year extention? ( On Sep 9th Attorny has sent a letter to Reinstate the LC case.)


Thanks in advance..
AnbuFL

EB2 RIR
PD: Apr 2004
BRC/BEC: Dallas
45 Days letter: Not received
45 Day letter responded : None
LC: Case was mistakenly closed as 45 Day letter responded
 
Need Advice

Just like all of you, my labor is also stuck at Dallas BPC. I have a PD of May, 2004 (Ohio/RIR/EB3). I am contemplating on filing under PERM through some other company. Do you think i can get my GC faster that way ? I will appreciate any advice in this regard.

Thanks,
Amit
 
Back to tracking our LC progress!

Folks,

Now that we have all gone through the emotional roller coaster over the last two days with the Manila website information, the official visa bulletin, the analysis and discussions, etc., what say we get back to tracking our LCs?

After all, we still need to get our LCs approved, right?

So, here is a call to Icarus: Icarus, could you please give us an update as to where the queue stands at Dallas BEC?

Thanks,
 
damn_you_GC said:
I think if your labor is cleared, your child's age freezes. Can anyone confirm this or give more information? thanks
Click to expand...

As far as my knowledge goes the dependant child's age is considered frozen as of the date of filing of I-485 and not LC approval or 140 approval.
 
It depends!!!

amitkr20 said:
Just like all of you, my labor is also stuck at Dallas BPC. I have a PD of May, 2004 (Ohio/RIR/EB3). I am contemplating on filing under PERM through some other company. Do you think i can get my GC faster that way ? I will appreciate any advice in this regard.

Thanks,
Amit
Click to expand...

My dear friend,

I do not think anybody can tell with you with certainty what will be the faster way to a GC. I guess there are only slow and slower ways.

On a more serious note, here is my analysis:

BEC route:

With a PD of May 2004, you are looking at atleast 8 more months for your LC to come through (assuming the processing speed of 2 months PD progress for every month).

Then comes I-140 processing (assuming concurrent filing is not possible due to visa cutoff dates) - let us say 4 months (the processing times vary a lot, I am just trying to put a number on it..your guess is as good as mine)

So, you are looking at October 2006 when you could be ready to file I-485. That is right around the time when the new visa bulletin (ahem!!) would be out. What the visa cut off dates will be for EB-3 (I am assuming you are an Indian national) is anybody's guess. (FYI: The date is 01 Jan 1998 for this year.)

PERM route:

The big assumption here is that you would be able to file under EB-2. There is some prep work necessary to file under PERM. So, assuming you get your LC in 4 months (Your PD will be Jan 2006) and 4 more months (assumption, again!) for I 140 approval (no concurrent filing due to retrogression), you are looking at June 2006 to file for I-485. However, due your PD of Jan 2006, you are looking at a long wait at the I-485 stage.

To summarize:
1) If your goal is to change employers, approved I-140 + 180 days + AC21 portability is the way to go. Advantage: PERM

2) If your goal is to get to GC, your PD is king!. Advantage: BEC

DISCLAIMER: I am not a lawyer. Keep visiting this forum to learn more and you will be able to make a judgement for yourself.
 
Hi,

Just get LC approved letter,

What's benifit of filing I-140/485 before Oct 01. They will not approve your case until your PD is available, right?

Thanks
 
7th year extension

xterm said:
Gurus, please help!

Here is my case. My priority date is July 2002. I haven't received my approval of labor yet. My H1-b 6 years will expire next April. If my labor get approved this October, I can't catch to file i140 and i485 concurrently which is highly likely as i did not receive the labor yet and priority date cutoff is a reality now.

Here is the problem. I read some lawyer said under AC-21, one can extend h1-b only if ones' i140 or labor is pending more than a year. In my case, october is the month my labor getting approved and i don't have pending labor anymore. however, there is also no way for me to have a pending i140 as my h1 expires next April.

I called the company attorney and she told me i don't need to worry without giving a convincing reason. So whom should i believe? Any thing i can do?
Click to expand...

You can get 7th year and beyond extension if your LC was filed more than 365 days prior to the date of expiry of 6 years of H1 (irrespective of whether the LC is approved or pendinding process). The talk about one year of pending I-140 is for those cases where LC is not necessary (EB-1).

So you need not worry. You can get H1 extensions for as many years as it may take to get your 140 and 485 cleared.
 
mummy_return said:
Hi,

Just get LC approved letter,

What's benifit of filing I-140/485 before Oct 01. They will not approve your case until your PD is available, right?

Thanks
Click to expand...

But again file your I-140 and 485...at least you will have EAD and if you wish you can change the job after 180 days...

Good Luck ...
 
Don’t see any light as far as GC is concern……Is there any bill in congress which recommends making approved I-140 portable?
 
Back to backlog center issue.

Now back to the primary topic, has anybody gotton any more hard copies with PD Jan03 or Feb 03? Alex904 with PD 2/26/03 and nutcraker1978 with PD 2/05/03 were the last few who recieved their hard copies right? Any more? please post.........
 
e4c5 said:
Folks,

Now that we have all gone through the emotional roller coaster over the last two days with the Manila website information, the official visa bulletin, the analysis and discussions, etc., what say we get back to tracking our LCs?

After all, we still need to get our LCs approved, right?

So, here is a call to Icarus: Icarus, could you please give us an update as to where the queue stands at Dallas BEC?

Thanks,
Click to expand...

What is the point? Does it matter now if we get our LCs approved in 2 months or two years? They have snuffed the life out of us with the retrogression.
 
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