Dallas Backlog Elimination Center Tracking

Is PD portable in case of substitution labor

Hi

If i apply for I-140 using substitution labor, will i get the PD of the substitution labor or will the PD be the date i apply for I-140.

Karr
__________________
PD: Aug '03
RD: Nov '04
EB3 - RIR
45 day received/replied Mar - 2005
Case Status:RIR ( as per screen shot Aug05)
 
karr said:
Hi

If i apply for I-140 using substitution labor, will i get the PD of the substitution labor or will the PD be the date i apply for I-140.

Karr
__________________
PD: Aug '03
RD: Nov '04
EB3 - RIR
45 day received/replied Mar - 2005
Case Status:RIR ( as per screen shot Aug05)
Click to expand...
PD of the substitution labor
 
Post Labor question??

Once you receive the LC Approval notice, what would the next step/s be?
Unfortunately, I fall under EB3 category.Cross Chargeability does seem to apply to my situation as my wife was born in New Zealand.
Next question is, when will I be able to get EAD (Approx. Time)?
 
LC_Ki_Kahaani said:
Though visa numbers for EB3 cat have been retrogressed back to 1998 and are unavailable as of now, can I-485 still be filed with the USCIS so that whenever the visa numbers are available, I-485 will get in the processing?
Click to expand...


No. They will not accept the I-485 filing unless there is a current visa number available.
 
Labor Substitute Question before Retrogression.

jnpr said:
What’s on your substitute labor’s 750 form? Is it BS+2years or BS+5 years?
If it’s BS+2 years required and 5 years preferred, it’s a EB3 case.

If you want to file two 140 based on one labor, I don’t think it’s practical and I think you will have problem because the second 140 adjudicator will find out the labor had been used for the first 140.
However, if your lawyer wants to try it, you can ask DOL to send another copy of previous labor. I know some people got 140 RFE for the original copy in substitute labor cases. They can never find the original copy.
Some people say USCIS is responsible to contact DOL for the case, some people say they can get another copy from DOL.
Click to expand...

Hi Jnpr ,
Thanks for your response ......
Actually in substitute I-750 Form it is written in experience Column, Job Offered = 2 years and Related Occupation = 5 years and Related Occupation = Systems Analyst / Programming Business Environment.
I don't know whether it is EB2 or EB3 case. My Lawyer is saying that she will draft a convincing letter and attach with my EB2 application (along with I-140, 485, ap, ead) saying that I have master's degree with 3+ years of Exp till Dec. 99 PD , so consider me as EB2 . While in another I-140 case she will file regular EB3 case. I asked so many times that whether it is legal to file 2 I-140's on one Labor, and she is saying it is legal and I can not say don't file in 2 and 3 categories.
Please let me know how my application will be treated as EB2 or EB3 . One more Question how many people will be in EB3 before Dec. 99, I think there should not be lot of people waiting for their GC of 1998 and 1999.

Thanks for your help in advance.
 
case closure

Hi VPJ1943,
Sorry to hear about the case closure.
Unfortunately, we never heard anything from DBPC and I am worried about my 7th Year H1B extension which was filed with OH SWA copy.

FYI - Your HR/Attrorney may try sending mails to Crystal williams cwilliams@aila.org ( I read in the forum)

Good luck
AnbuFL



vpj1943 said:
My case was also closed mistakenly without receiving 45 days letter. My HR faxed a letter to DBPC and requested to reopen the case, but never heard anything back. I know there had several persons' case had been closed mistakenly before, like Vsaxena, rdalls, case closed AnbuFL.I want to know 1.what other ways your attorneys or HR can reach DBPC except through fax number: 214-237-9135.
2. Will you get any confirmation from DBPC that your case has been reopened?
3. Normally how long it will take to reopen a case?

Thanks
Click to expand...
 
case closure

Hi JDSAI,

jaydsai said:
My case was closed as per screen shot received on 08/30/05. my attorney talked to DBEC and reopened it. on 09/01/05.
Click to expand...
That was quick. Good! May we know the name of DBEC person and direct phone/fax no ? BTW, did you get any case closure letter ?

Thanks,
AnbuFL
 
dsugandhi said:
vsaxena,

One of the employee in my company also received BLANK status in screenshot. His PD is Jan 2003. I think, now a days DOL is removing case status "Certified" from screenshot.

When did you re-fax your 45 day letter at correct fax number?
Click to expand...

My lawyer sent the fax on 2nd Sep 2005 second time. I confirmed the fax # with DBEC and with lawyer and it is/was correct.

What was the 'case stauts' of you co-worker who also got blank status?

I don't understand why blank? there are already so many black holes, now there is one more to deal with.

thanks,
 
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gcchahiye2003 said:
Hi Jnpr ,
Thanks for your response ......
Actually in substitute I-750 Form it is written in experience Column, Job Offered = 2 years and Related Occupation = 5 years and Related Occupation = Systems Analyst / Programming Business Environment.
I don't know whether it is EB2 or EB3 case. My Lawyer is saying that she will draft a convincing letter and attach with my EB2 application (along with I-140, 485, ap, ead) saying that I have master's degree with 3+ years of Exp till Dec. 99 PD , so consider me as EB2 . While in another I-140 case she will file regular EB3 case. I asked so many times that whether it is legal to file 2 I-140's on one Labor, and she is saying it is legal and I can not say don't file in 2 and 3 categories.
Please let me know how my application will be treated as EB2 or EB3 . One more Question how many people will be in EB3 before Dec. 99, I think there should not be lot of people waiting for their GC of 1998 and 1999.

Thanks for your help in advance.
Click to expand...
Could you send EB3 140 later on to see what will happen with your EB2 140?
You don’t have too many advantages to file EB3 140 right now if you are from retro affected countries.

It’s very common to file EB3 140 after EB2 140 failed---hope not. If the same 140 team see your both 140 they might approve your EB3 and deny EB2, then all your 485,131,765 will be denied same time----knock the wood.

However, if you concentrate on EB2 140, you get big chance, and even it doesn’t get through, you can still file EB3 140 right after that.

Many people, including me, were screwed by lawyer to some degree.

If you are from retro affected country, I don’t see any benefits to get EB3 140 approved several months earlier. Why not wait for a moment? 140 is kind of fast at several centers—mine at Nebraska in 2 weeks.
 
vsaxena said:
My lawyer sent the fax on 2nd Sep 2005 second time. I confirmed the fax # with DBEC and with lawyer and it is/was correct.

What was the 'case stauts' of you co-worker who also got blank status?

I don't understand why blank? there are already so many black holes, now there is one more to deal with.

thanks,
Click to expand...
vsaxena,

He never requested screenshot before so we know only BLANK as his status.
 
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TR cases in DBEC - status please

csrini1 said:
Is this an swa case or region case?? need more details like my signature...
Click to expand...

Can you or someone please give an update on the dates in the TR queue in DBEC.

Here are the case details:


Kansas SWA, RIR, EB2 (MS+2)
PD: 10 July 2002
Moved to Federal RD: Feb 2003

Remanded back to state: July 2003
Moved to TR in state : Aug 2003

45-DL Arrived: April 2005
45-DL Replied: 25 April 2005

Dallas BPC Case # D-05097-5****
 
jnpr said:
Could you send EB3 140 later on to see what will happen with your EB2 140?
You don’t have too many advantages to file EB3 140 right now if you are from retro affected countries.

It’s very common to file EB3 140 after EB2 140 failed---hope not. If the same 140 team see your both 140 they might approve your EB3 and deny EB2, then all your 485,131,765 will be denied same time----knock the wood.

However, if you concentrate on EB2 140, you get big chance, and even it doesn’t get through, you can still file EB3 140 right after that.

Many people, including me, were screwed by lawyer to some degree.

If you are from retro affected country, I don’t see any benefits to get EB3 140 approved several months earlier. Why not wait for a moment? 140 is kind of fast at several centers—mine at Nebraska in 2 weeks.
Click to expand...
So, the summary of the story is that
If RIR is filed under EB3 category, then I-140 can be filed under EB2 category? (Provided I qualify to do so)
As it is one cannot get EAD/AP by doing that. So, what is the big advantage of filing I-140 under EB2 category?
 
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TR Could be Jan-Apr 2001

Immi_Seeker said:
Can you or someone please give an update on the dates in the TR queue in DBEC.

Here are the case details:


Kansas SWA, RIR, EB2 (MS+2)
PD: 10 July 2002
Moved to Federal RD: Feb 2003

Remanded back to state: July 2003
Moved to TR in state : Aug 2003

45-DL Arrived: April 2005
45-DL Replied: 25 April 2005

Dallas BPC Case # D-05097-5****
Click to expand...

Actually nobody really knows where the TR queue is right now. The latest TR approval in this forum was in Aug 20 and the PD was December 2000 so now they would be most probably working on Jan-Apr 2001 PDs, I am just speculating. Unfortunately we do not have anyone with those Month PDs in the tracker file and they had a large volume of filing during Apr 2001 because of 245(i). I also think once it passes Apr 2001 it will gain speed on TR cases also, because they have to; otherwise the future of BECs will be dark as they have approved funding for only 2 years and it is already reaching one year. Let us keep our fingers crossed

Regards
 
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LC_Ki_Kahaani said:
So, the summary of the story is that
If RIR is filed under EB3 category, then I-140 can be filed under EB2 category? (Provided I qualify to do so)
As it is one cannot get EAD/AP by doing that. So, what is the big advantage of filing I-140 under EB2 category?
Click to expand...
It was a longer and more complicated story than this. Please go to more posts to see the details.

S/he's not sure which EB to apply. If EB2 is filed by this week, EAD/AP is still available.
If your labor is EB3, you can only apply 140 EB3. However, some people's labor certificate is ambiguous or leaving some room for lawyer to play as far as job requirement is concerned.

In his/her case, the lawyer wants to give EB2 a shot.
 
Two numbers?

Hello,
Last week my employer called Dallas BEC and he got my file number as:
D-05243-XXXXX
Today my attorney got a letter that shows a file number as:
P2005-TX-XXXXXXXX

My question is what are those two numbers and why did I get two different one?
Thank you,
 
dsugandhi said:
vsaxena,

He never requested screenshot before so we know only BLANK as his status.
Click to expand...
HI,

Why do you think that they are doing this with 'Certified' cases only?

I also think the same because I have seen other guys who got the screenshot with their case status not blank but not certified. So this is in line with you comment. Do you have any other reason?

Please do reply!
 
Thank you for the update...on DBEC TR

WhatALabor said:
Actually nobody really knows where the TR queue is right now. The latest TR approval in this forum was in Aug 20 and the PD was December 2000 so now they would be most probably working on Jan-Apr 2001 PDs, I am just speculating. Unfortunately we do not have anyone with those Month PDs in the tracker file and they had a large volume of filing during Apr 2001 because of 245(i). I also think once it passes Apr 2001 it will gain speed on TR cases also, because they have to; otherwise the future of BECs will be dark as they have approved funding for only 2 years and it is already reaching one year. Let us keep our fingers crossed

Regards
Click to expand...


Immi_Seeker said:
Can you or someone please give an update on the dates in the TR queue in DBEC.

Here are the case details:


Kansas SWA, RIR, EB2 (MS+2)
PD: 10 July 2002
Moved to Federal RD: Feb 2003

Remanded back to state: July 2003
Moved to TR in state : Aug 2003

45-DL Arrived: April 2005
45-DL Replied: 25 April 2005

Dallas BPC Case # D-05097-5****
Click to expand...


Thanks for your update. You can have this case in your excel too for tracking. This is for a friend of mine (SKK).

My case details are in the signature below. :(
 
Asib said:
Hello,
Last week my employer called Dallas BEC and he got my file number as:
D-05243-XXXXX
Today my attorney got a letter that shows a file number as:
P2005-TX-XXXXXXXX

My question is what are those two numbers and why did I get two different one?
Thank you,
Click to expand...

May be the employer (petitioner) filed RIR for more than one employee and when they called the BEC they gave their names instead of employees' (your) name.
 
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