Dallas Backlog Elimination Center Tracking

late_twenties said:
hahahahah, dude I am glad to see people like you who find humor in this mess. I am with you on the same boat. I think there are bunch of blondes working on our cases.
On top of that because of this hurricane Rita nothing will move for a couple of days/weeks/months, the entire state of Texas is a mess right now and may be DOL employees are running away to save their lives ........God bless DOL :D
dask_1
PD:Jan 2002
case status:Incomplete
case type :TR
45 days letter:After hurricane season may be... :mad: :mad: :mad: :mad:
 
VISLI_COM said:
I am in 7th year extension, what if my company fires me…..
1> go back to India no other options.
2> Request current employer not to withdraw LC for 1year, after that file H1 & LC from new company. Is this possible?
3> Any other options to stay..?

option 2 is not an option. once you've used up your 6 years, you have to physically go out of the US to get another 6 years on H1. you can't be in the US on a 7th year extension, with your current LC still in status, and get a new H1 at the end of the year.
 
Incorrect!

You could apply for any number of H1 extensions in 1 year increments on the basis of a pending labor app. This labor app could be from a previous emp.

I *know* of a friend who was let go from company A while on his 7th year, but could get a H1 from company B on the basis of a LC pending for > 1 year by company A. Incidentally, he applied for PERM from company B, got his approval and enjoying a EAD now - so all happens for the better somehow :)

CA_Man_In_Labor said:
option 2 is not an option. once you've used up your 6 years, you have to physically go out of the US to get another 6 years on H1. you can't be in the US on a 7th year extension, with your current LC still in status, and get a new H1 at the end of the year.
 
OK, in this case, the ad should reflect the LC app as closely as possible.

Usually, if the candidate does not have MS but has >5 years experience, the LC would say that Masters required, will also consider BS + 5 (to satisfy the EB2 requirement). In this case, the ad should also match accordingly.

If the ETA 750 says just MS (that is, no mention of BS + 5), the ad need not mention that. And vice versa.

calabor said:
Hi GotGC

thanks for your response. I was aware of MS = BS + 5year rule.
However, my question is about the advertisement:

Lets say if ad says the job requires MS, then DOL may argue that since the employer failed to invite americans with BS+5yrs, the ads that were run were invalid. Even saying MS or Equivalent in the ad. might not satisfy DOL since not every american would know DOL rules.

So the question is:

Is it a must that for EB2 RIR, the ad. should run with both the possibilities *explicitly*? Something like:

Skills: C/C++ ... blah blah
Education: MS or Equiv [*WILL ALSO CONSIDER BS + 5years*]
Experience: 1 year

thanks
 
VISLI_COM said:
I am in 7th year extension, what if my company fires me…..
1> go back to India no other options.
2> Request current employer not to withdraw LC for 1year, after that file H1 & LC from new company. Is this possible?
3> Any other options to stay..?
You can find a new job and apply new H1B on the basis that your previous laobr application pending for more than 365 days. You can apply the rest of your current H1B plus one year in your H1B application.

For example, your H1B will be expire in Jun/2006, and you leave your current company in November/2005. You find a new job and start to work for the new employer right after you file a new H1B, which is H1B transfer policy.
You can apply 1 year and seven month in your new H1B application. In other word, you can catch the rest of current H1B, which is 7 months, plus one year extension based on your old labor pending 365 days. You should include the proof from Dallas or state labor dept receipt in your H1B application.

Then you will have H1B status until June/2007. You can file PERM and 140 through your new employer. You can always apply for one more year H1B extension if your old labor at Dallas is not denied and will not be used by other people.
If your current labor is denied, however, your new PERM labor is pending for 365 days before June/2007, you can still apply for 8th year H1B extension on the basis of your new PERM labor filed more than 365 days.

You will lose your PD if you don't have your current employer's 140 approved. However, when your new employer's 140 approved, you can apply 3 year H1B extension based on visa unavailability.
 
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GotGC?? said:
OK, in this case, the ad should reflect the LC app as closely as possible.

Usually, if the candidate does not have MS but has >5 years experience, the LC would say that Masters required, will also consider BS + 5 (to satisfy the EB2 requirement). In this case, the ad should also match accordingly.

If the ETA 750 says just MS (that is, no mention of BS + 5), the ad need not mention that. And vice versa.

I am not sure about this. As per my attorney, the ads should reflect min. requirement in case of RIR. In my case ads said BS + 2 years which we put for 2 positions, one EB2 and one EB3. But my ETA form says MS + 2 years and I am qualified under EB2 (again as per my attorney). I haven't heard from anybody contradicting this.
 
madur said:
I am not sure about this. As per my attorney, the ads should reflect min. requirement in case of RIR. In my case ads said BS + 2 years which we put for 2 positions, one EB2 and one EB3. But my ETA form says MS + 2 years and I am qualified under EB2 (again as per my attorney). I haven't heard from anybody contradicting this.

I would suggest you follow up with your attorney on this proactively.
If ad says BS+2yrs that means the job can be potentially done by someone with BS+2yrs [at least thats what the employer believes]. Which means it is an EB3 category job [regardless of how qualified the alien himself/herself is].
To qualify for EB2, the job itself should be EB2 category, and the alien also should be qualified accordingly.
 
Congrats!! My LC is filed from OH also. My PD is Mar 04. 1 year after urs. I hope I receive my approval in less than an year.

GCFromOHIO said:
Hi All,

Just wanted to let you all know that My lawyer received the hard copy of my labor cert today. See my signature for more details.

Thanks all for all your help, especially ICARUS.

If it is a quick message, can someone get me url for the I140 thread for Nebraska. Other wise, I will try to search the old messages.


Thanks,
 
I have been following this forum for the last three months. Decided that it was time to join in at last & make a useful contribution. I have to congratualate the forum members for being so helpful & sharing extremely valuable information & experiences.

After being spooked by all the case closure horror stories I had done a BEC e-mail status check on 8/9/05 even though my 6 years was some time away. Status showed as RIR. Have not done any check since then even though the temptation is rising.

I was kind of hoping to be able to file the I-485 before the retrogression ( I am a citizen of India ) but those hopes are fading very fast.

I then came to know from this forum that the EB-2 can be filed even if the dependent spouse is from a non-retrogressed country ( mine is ). Although this has given me a ray of hope I am not sure whether this will run into any issues?.
 
Endeavour2003 said:
I have been following this forum for the last three months. Decided that it was time to join in at last & make a useful contribution. I have to congratualate the forum members for being so helpful & sharing extremely valuable information & experiences.

After being spooked by all the case closure horror stories I had done a BEC e-mail status check on 8/9/05 even though my 6 years was some time away. Status showed as RIR. Have not done any check since then even though the temptation is rising.

I was kind of hoping to be able to file the I-485 before the retrogression ( I am a citizen of India ) but those hopes are fading very fast.

I then came to know from this forum that the EB-2 can be filed even if the dependent spouse is from a non-retrogressed country ( mine is ). Although this has given me a ray of hope I am not sure whether this will run into any issues?.
No issues if your spouse was born in non-retro affected countries. This is called "Changeability". you will be able to file 485 once your labor is cleared. You don't need to worry about retrogression for at least months to come.
 
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Do you know sir... since last june I was not able to sleep well, me and my friends thought ,we will have to leave, once we lost current job.

Thank you very much.
7th year ext.
PD- Aug'03
RD- Jul' 04
EB2/CA.






jnpr said:
You can find a new job and apply new H1B on the basis that your previous laobr application pending for more than 365 days. You can apply the rest of your current H1B plus one year in your H1B application.

For example, your H1B will be expire in Jun/2006, and you leave your current company in November/2005. You find a new job and start to work for the new employer right after you file a new H1B, which is H1B transfer policy.
You can apply 1 year and seven month in your new H1B application. In other word, you can catch the rest of current H1B, which is 7 months, plus one year extension based on your old labor pending 365 days. You should include the proof from Dallas or state labor dept receipt in your H1B application.

Then you will have H1B status until June/2007. You can file PERM and 140 through your new employer. You can always apply for one more year H1B extension if your old labor at Dallas is not denied and will not be used by other people.
If your current labor is denied, however, your new PERM labor is pending for 365 days before June/2007, you can still apply for 8th year H1B extension on the basis of your new PERM labor filed more than 365 days.

You will lose your PD if you don't have your current employer's 140 approved. However, when your new employer's 140 approved, you can apply 3 year H1B extension based on visa unavailability.
 
Hello
I just want to tell you all that i got my approval today.
can some one tell me how log it will take for GC & WORK PERMITS thank you.

GOOD LUCK TO ALL..
Keep It Desi
 
what's ur PD

desis said:
Hello
I just want to tell you all that i got my approval today.
can some one tell me how log it will take for GC & WORK PERMITS thank you.

GOOD LUCK TO ALL..
Keep It Desi

Hi desis,
can you please share ur info (priority date etc )?

thanks
 
VISLI_COM said:
Do you know sir... since last june I was not able to sleep well, me and my friends thought ,we will have to leave, once we lost current job.

Thank you very much.
7th year ext.
PD- Aug'03
RD- Jul' 04
EB2/CA.
You are welcome!
If you want to read the source yourself, you can go to google or USCIS.gov,
then search the Yates May12/2005 Memo.

If you are more patient and wait for your 140 approved you can enjoy:
1. 3 year H1B extension, it doesn't matter you file it through your current employer or from your new employer;
2. carry/port/transfer your earlier PD for your new GC application through new employer.
 
i don't know much

my case was files on

feb/22/2003
don't know about 45 letter and stuff
got my approval today.
 
Here at last!

My lawyer recieved hard copy LC yesterday!!!!!!

We filled out all the form within 2 hours, I did my medical exam within one hours.

Trick, please state the purpose of your immunization shots is to renew the shots rather than immigration or travel purpose then it can be reimbursed by your insurance company. State you have chicken pox before then you don't have take a 150 vaccine shot. Any chest x-ray with the last year will be good enough just provide the number tot he receptionist.

Imminization shot does not need an appointment is 0 deductible.



jnpr said:
You do NOT need include medical exam with 485.
You do need original labor certification.
If you don't have the original copy, file 485 on Sep 29 with overnight delivery. I think it's worth the trip to Dallas asking the mail person for the package or ask the mail person to send it overnight.

You should wait until Sep29 for the hard copy. Your 485 will be most likely returned without original labor certification.
 
La Vida Loca said:
My lawyer recieved hard copy LC yesterday!!!!!!

We filled out all the form within 2 hours, I did my medical exam within one hours.

Trick, please state the purpose of your immunization shots is to renew the shots rather than immigration or travel purpose then it can be reimbursed by your insurance company. State you have chicken pox before then you don't have take a 150 vaccine shot. Any chest x-ray with the last year will be good enough just provide the number tot he receptionist.

Imminization shot does not need an appointment is 0 deductible.
congrats on your last minute filing! The tricks are useful information. I will try when it's my turn to file.
 
desis said:
i don't know much

my case was files on

feb/22/2003
don't know about 45 letter and stuff
got my approval today.

thanks.
By the way congratulations for approval and all the best for 140/485.
 
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