Dallas Backlog Elimination Center Tracking

[jnpr]

rest_2004:

I posed the following qns to my attorney. This is what he said. See his answers in bold:

If you apply for I-140 in company A, get approval and then start new job in Company B do we get to carry the old Priority date with us ?


No, because it involves a brand new petitioner, brand new permanent job offer, and brand new labor certification application.

In labor certification-based cases, the only time that an approved I-140 can be “ported” to a new employer is after the I-485 has been pending for 180 days and the applicant is working in the same or similar occupational classification as the position that was listed in the approved LC/I-140. In this situation, the old priority date is retained.

In addition if one goes back to his home country or outside the US after the I-140 approval (in order to refill with new 6 years on H-1B) can one still use the old PD ?

Yes, the old priority date is retained, assuming the person is adjusting status in the US or consular processing abroad with the same I-140 petitioner. I-140 portability to a new employer might be possible after the I-485 has been pending for over 180 days - same as above


I think we need to be certain and seek further opinions on this. It will be very important for all of us in the current scenario. Can you also clarify with your attorney?

Your lawyer can't undertand plain english, and the answer is like some standard answer copied and pasted from somewhere.

Is it your company lawyer? You should fire your lawyer and find another one if you have chance.

 

[jnpr]

indio0617,

Most attorneys have a preconceived notion of what we heathens are going to
ask. Or probably they are stupid not to understand the question correctly....
it could also be automated response!!!

I see your questions and your attorney's answers. you are asking about PD and he/she is replying about I140 portability. Under I140 portability, you get to file 485 directly. But thats not your question...it is about your PD...you understand that you will be going thru labor and I140 again....he/she doesn't..

This is not to say that you will get the PD ... only hammer into the attorney what you understand and ask under what conditions PD [NOT labor or I140]
will be transferrable.....

I think Rajiv's communication was clear .. except that there was no mention of traveling abroad for 6yr refill.

Let me know what you find thin time ... am in similar situation

thanks

I read RAJIV's communication too. It's not very clear on this issue:

If you change job after 140 approved, then 140 was revoked by previous employer before you file 485, could you use your earlier PD?

 

[SSara]

How did you get 3 year extension at once? Are they not supposed to give only one year at a time for people with pending labor certification for more than 365 days?
Did you apply for 3 years or is it your I140 approved?
Thanks

I think am100 had the same situation as me... The first time my company applied for an HB visa for only 3 years, so I can extend it other 3 years to complete the 6 years.

 

[sravu]

I think they give only one year extensions after labor condition pending for more than 3 years, how come you got for 3 years at a strech? Did you apply for 3 years or they gave just like that? Can you please tell me as I applied for 7th. year extension last month.
Thanks

 

[Chocolate]

What about EAD/AP.

if i cant file 140/485 then will it effect the process of getting EAD /AP getting it wud be a relief to endless extensions of H1B .

 

[calabor]

calabor:

You are correct. I sought further clarification. He clarified saying

"As long as the first I-140 is approved (and not revoked due to fraud), and the second I-140 is being filed in the same EB category and specifically requests recapture of the earlier priority date, the earlier priority date can be retained."

Do you think the I-140 should not be revoked for us to retain the PD as he is saying? I think he is wrong on the "should be filed in the same category".

See the actual immigration law; section (e) on this link: http://uscis.gov/lpbin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec2045


It suggests that we can change the EB category with the new employer.

indio0617,

The dont think employer revoking the I140 will have any effect...after
I140 approval [Which is what Rajiv says]

Of course president of USA or some bigwig in DHS may
*always* revoke *anything* .... dont think that'll happen to you though


Also, I dont think category matters or even job description .....
as long as you are under one of eb1, eb2, eb3....

 

[sr2610]

Congrats... go ahead and apply for 140/485 before Sep 30th.
Dont worry about all required documents and medical check, worst case you may get an RFE. Big advantage is you will get EAD and can work for any employer after 6 months.

I was a silent reader. I just wanted to let you guys know that My LC has been approved and My lawyer recieved it yesterday.

Details
PD Feb 2003
Certified Date : 11 August 2005
LC posted: 12 Sept 2005.
EB2
RIR
CA

 

[sravu]

How did you get 3 year extension at once? Are they not supposed to give only one year at a time for people with pending labor certification for more than 365 days?
Did you apply for 3 years or is it your I140 approved?
Thanks

Folks:

I am regular reader of this forum and I have gained a lot of help from the wealth of information provided here.

I am looking to you all for some insights on H-1B ammendments. I know this forum tracks the BEC progress, but any ideas would really mean a lot to me.

My H-1B expired on Aug 22, 2005 and my employer sponsored the extension and we got it extended until the Aug 22, 2008. This completes my 6 yrs of H-1B. Now I am moving to a different job location with my current employer which requires me to ammend my H-1B. I have a foreign travel coming up on Oct 29, and I will start the job in the new location on Oct 16.

My question to you all is that can I ammend my H-1B after I come back from my foreign trip (Nov 20)? I have to get my passport stamped at the US Consulate abroad for reentry. Will they stamp my passport although my job location has changed and my physical address would be different from what is stated on the I-797?

Any ideas on how soon one should file for an ammendment to an H-1B after moving to a new location and is foreign travel ok during that period, esp if passport stamp has expired?

It is tough to make this any less complicated while writing. Look fwd to some ideas to get around this situation. Thank you.

 

[rest_2004_free]

Yes you can

As long as your 140 is approved you can use that PD, whether that employer revokes it or not. Only thing is INS should not revoke it for fradulent case...read what Rajiv is saying. I think it is very clear.

Also you can change your EB category also.

CHANGING EMPLOYER AFTER I-140 APPROVAL If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date. If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

I read RAJIV's communication too. It's not very clear on this issue:

If you change job after 140 approved, then 140 was revoked by previous employer before you file 485, could you use your earlier PD?

 

[indio0617]

I read RAJIV's communication too. It's not very clear on this issue:

If you change job after 140 approved, then 140 was revoked by previous employer before you file 485, could you use your earlier PD?

jnpr & calabor:

My attorney clarified further on my repeated challenges. Yes; They dont seem to understand the hell we are going through.

1. We can port the old PD even if the 1-140 has been revoked. It cannot be done only in a situation when it was revoked by the employer for some fraud. (We all understand that). The key thing here is that we need the approved I-140 copy.

2. We can also switch to a new EB category as long as we qualify.

That resolves the matter I guess.

 

[GotGC??]

Congrats!

Congrats dude!

Could you please specify some other details, such as job category, DOT code etc. Put simply, is this is a IT related job or not? It's good to see D-BEC reach Feb 2003!!

Bst wishes for your 140 & 485/CP.

I was a silent reader. I just wanted to let you guys know that My LC has been approved and My lawyer recieved it yesterday.

Details
PD Feb 2003
Certified Date : 11 August 2005
LC posted: 12 Sept 2005.
EB2
RIR
CA

 

[gc123_quest]

LC Approved

I was a silent reader. I just wanted to let you guys know that My LC has been approved and My lawyer recieved it yesterday.

Details
PD Feb 2003
Certified Date : 11 August 2005
LC posted: 12 Sept 2005.
EB2
RIR
CA

 

[calabor]

jnpr & calabor:

My attorney clarified further on my repeated challenges. Yes; They dont seem to understand the hell we are going through.

1. We can port the old PD even if the 1-140 has been revoked. It cannot be done only in a situation when it was revoked by the employer for some fraud. (We all understand that). The key thing here is that we need the approved I-140 copy.

2. We can also switch to a new EB category as long as we qualify.

That resolves the matter I guess.

One correction. Employer cannot revoke I140 for "fraud". He can however
just "revoke" it.

The law with relevant references.
========================================================
Sec. 204.5(e)
Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

Sec 204(e) [8 U.S.C. 1154]
Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted the United States as an immigrant under subsection (a), (b), or (c) of section 203 or as an immediate relative under section 201(b) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification.

Sec. 205. [8 U.S.C. 1155]
The Secretary of Homeland Security 1/ may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.
===============================================

Pls. charge your attorney an amount deemed appropriate for all our effort and time!!!!

DISCLAIMER: I am not an attorney, so I am not competent to advice on legal matters. This should not be construed to mean that any attorney's is competent on legal matters.

 

[SSara]

Please help... Eb2 or Eb3

This is my case. My employer filled an ETA 750 on May 2004. I received the 45 days letter on May 2005 and replied it the same month. I am now waiting for the certification. My employer filled the form for a position of Architectural Drafter which requires only 2 years of college education (An associate degree). I was hired for that position but now I am working in a better position. I am an Architect with more that 5 years of experience and I could apply for EB2. The problem is that the labor certification will say that the job requires only an associate degree. Can my company still fill the i-140 as EB2 with the same labor certification or... does my company need to request a different labor certification. What do you guys recommend me to do? If I fill EB2 I could apply for i-140 / i-485 concurrently

 

[gc123_quest]

It was for software/IT.

 

[cacanuk]

I can't believe how screwed up this is!!!

FYI - here is my request sent yesterday for a screen shot...

Dear Requestor,

You have reached the <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comffice:smarttags" />Dallas Backlog Elimination Center status inquiry mailbox. At this time, we are unable to provide status information on Permanent Labor Certifications. All Dallas Backlog Elimination Center files are being transferred to a new automated system. Once the data entry process is completed, a 45-Day Letter and Selection of Continuation Option letter will be issued on all applications providing a new case ID number and may request additional information from the employer.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" />
If your request is in reference to the following, if acceptable, we will update your information as requested:
• Address updates for attorney, employer, or alien
• Change of attorney (or attorney address changes)
Aliens seeking status must contact their employer or attorney to obtain information.

For frequently asked questions, please visit the following Internet website:

http://atlas.doleta.gov/foreign/faqs.asp

To obtain general information regarding transfer times, please visit the following Internet website:

http://www.workforcesecurity.doleta.gov/foreign/times.asp

To obtain general information regarding the PERM System, please visit the Internet website below or use the e-mail address provided:
www.plc.doleta.gov

PERM.DFLC@dol.gov

There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.

If you are requesting a 7th year extension to an H-1B visa, please send an e-mail to:

h1b7yr@dal.dflc.us

Your patience is appreciated.

DFLC Dallas Backlog Elimination Center

 

[waitwatch]

jnpr & calabor:

My attorney clarified further on my repeated challenges. Yes; They dont seem to understand the hell we are going through.

1. We can port the old PD even if the 1-140 has been revoked. It cannot be done only in a situation when it was revoked by the employer for some fraud. (We all understand that). The key thing here is that we need the approved I-140 copy.

2. We can also switch to a new EB category as long as we qualify.

That resolves the matter I guess.

If the old Employer uses your I-140 for substitute labor, the new assignee gets your I-140 and your priority date too. So you lose everything. I am pretty sure on this one.

 

[sfmars]

This is my case. My employer filled an ETA 750 on May 2004. I received the 45 days letter on May 2005 and replied it the same month. I am now waiting for the certification. My employer filled the form for a position of Architectural Drafter which requires only 2 years of college education (An associate degree). I was hired for that position but now I am working in a better position. I am an Architect with more that 5 years of experience and I could apply for EB2. The problem is that the labor certification will say that the job requires only an associate degree. Can my company still fill the i-140 as EB2 with the same labor certification or... does my company need to request a different labor certification. What do you guys recommend me to do? If I fill EB2 I could apply for i-140 / i-485 concurrently

Job advertisement for your position corresponds to EB3.

You can be professor and be more than eligable for EB2 than someone else but if requirements in advertisement was prepared for EB3 you will have to apply as EB3.

Your years of experiense on your current job position CAN NOT be counted towards to the greencard, only experience in previous companies can be counted (this is the rule).

 

[Maveric]

GOD saved me from this BEC black hole...... Got my LC

Thanks to ICARUS, Gp111 and other gurus for all the info and help...

Thanks to Rajiv Kanna who made us to unite here to share the all the info who ever has....

I just received my LC hardcopy at my apt address and Lawyer's office....

Thank GOD , i got it before September 30th....

Maveric
RIR/EB2/TX
LC requirement : Sr. Software Engineer -- MS + 2 years
PD : 02/18/2003
Approval date on LC : 08/08/2005
Approval Received at my apt and Lawyer address : 09/16/2005

 

[inneedofgc]

New YahooGroup for EB Retrogression issue

http://groups.yahoo.com/group/techworkers/

Activity within 7 days:966 New Members - 4 New Links - 323 New Messages - 3 New Databases


Purpose of this Group is a Movement to Remove the Retrogression for EB1, EB2, EB3 Category, Urge Senate and Congress to Increase Visa Numbers for Employment Based Visa Categories, Help Other Technology Workers to save them from their Employers who are Desi Consulting Companies and are not treating them well, To Guide Technology Workers in their Career, get Green Card Faster and have better Employment Prospects. Ultimate Purpose is to help Technology Workers to whom their employers are not able to provide much help in immigration matters. Primary Goal will be to Remove EB1, EB2, EB3 Retrogression