UG. said:Hello,
It seems that cases that had NOF (Notice of Finding) at state level are not being approved at the same pace as others. Instead of starting a separate thread for such cases, I suggest that those who had NOF should specify it in their signature. See mine for example.
Sunofeast_GC,sunofeast_GC said:GetOneLC,
Did you received any query at state level? Please reply this.. it will help us... I am really gald to know that BEC is approving case with code D-05147-XXXX.
GetOneLC said:Hey Guys,
Saturday I found a letter in my mailbox addressed from DFLC Backlog Elimination Center. Big size envelope. As other folks reported, the text is nothing special – a final decision is reached and LC certified. ETA 750A&B forms were not included and probably went to attorney. Letter was dated Nov 7th.
My info
CA/EB2
PD: Oct 30, 2003
Cleared SWA on 10/24/2004
ETA #: D-05147-XXXXX
Screen shot on 9/13/2005
status: RIR
Case Source: State
45-day received 6/8/2005
There are few things I’d like to point out. First, I wasn’t really expecting to get my LC approved in November. My expectation was for this to happen between Jan and June of 2006. Knowing how many people have PD of 2002, 2001 and earlier makes me feel lucky and feel compassion for these folks.
Second, this is a great forum to share information and calm anxiety for everyone. Thank you everyone and keep up the great work.
Also, if you notice the screen shot showed case source as “state” even though the application cleared SWA a year ago. There were few questions on that, it’s looks like everything is Ok and few folks can breath easier.
I’ll still be around but now off to the next hurdle and message thread.
Bless you all and Best of Luck,
GT
cacanuk said:JW
Just a thought - maybe you can add to the tracker a column on NOFs?
(I know - easy for me to write a couple of lines -- but to implement -- another issue.)
ss_2004 said:Congrats perter700101! Which state did you file from ?
dsugandhi said:WhyThisDelay,
I have not got any writing in law book about 3 categories I have mentioned in labor substitution case but very positive about the way USCIS is handling the three categories by going through few cases and analyzing them. So far, I have concluded, the principal that USCIS is adopting is "One labor PD to one I-140", so if PD is already used before you do substitution then they will put RD of I-140 as PD for later stages.
About the second scenario, I have not noticed any actual case but for 1st and 3rd scenario I have noticed the pattern in various forums.
So my conclusion is in case when I-140 is approved and then substituted, RD of I-140 becomes the PD and in case I-140 was never filled, original labor's PD becomes PD for I-485.
Can you please share your I-140's PD and the category you belong to?
WhyThisDelay said:dsugandhi.
I confirmed with my lawyer today. My PD is teh PD of the sub labor viz 2001. I am not sure which category I belong to (dont really care about it now), but my best guess is that it was 3rd category.
Congratulations!!!!sergen said:I got e-mail from my lawyer. my Labor certification has been approved today.
I don't have detail information right know.
EB3
RIR
PD:10/24/2003
45 days letter 03/24/05
Case#:05011####
good luck everyone.
sfmars said:WhyThisDelay and dsugandhi,
Sec. 204.5 Petitions for employment-based immigrants
http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec2045
This is an official USCIS web page
This document says: A priority date is not transferable to another alien.
Please correct me if I do not understand it right
GCPD0102 said:sfmars
My understanding of this clause is that once a priority date is established on an I-140, the PD is for that particular alien beneficiary to keep. If he/she quits that company and moves to another company either using AC21 or without AC21 the PD is his/hers tp keep. If the move is without AC21 a new LC has to be applied for but when filing new 140 if they file a copy of the old 140, then the PD of the old 140 will be the PD of the new 140 irrespective of the date of the new LC application.
The PD is established based on the original LC application because the company declares to DOL that a job vacancy was existing on the date of initial filing of LC and that American employees were not available to fill that job position.
Say a company has two employees A and B for whom 140s are approved. A has PD of 1/1/2000 and B has 2/2/2001. Assume A left the company. The employer cannot request to substitute B's 140 with A's and B cannot claim 1/1/2000 as PD even if the job specs are same. Probably that may be possible if company revokes A's 140 and refiles another 140 petition for B using the LC approved for A as a substituion. (I am not sure if this is allowed by law.)
Hope I have not made this more confusing.
gth999 said:Congratulations!!!!
did u r case reach regional? and did u get any queries at state level?
Best of luck in your journey to GC.