Dallas Backlog Elimination Center Tracking

DOCSIS said:
EB3/RIR/IL/Sep03 - waiting eagerly for the damn approval but I don't see it....
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EB3/RIR/IL/Sep03 me too.
Dont know whats holding up our LC's. I see Nov/Dec cases being approved.
 
h1bpro said:
With the current approval rating from DBEC Jan2004 application should be approved in a month or so, but my question is if your application crossed the SWA and fall in Regional category,

Please correct me GURUS's if I am wrong,
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Yes both cases have crossed SWA and fall in Regional category. what about the March 2004 cases?
 
If both cases made to regional and had no RFE in state or regional level, Jan 04 case should be cleared by end of Dec or 1st week of January. March one should be cleared by 2nd week of Feb. FYI, my PD is 4/7/04 & made to regional as well. :D

gcseeker2002 said:
Can some gurus estimate the approval timeline for EB3 RIR of January 2004 and March 2004 PDs
Thanks.
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Sai786 said:
my PD 11/19/2003, RD is first/second week of 08/04, NOF at State: no, not even single RFE/NOF etc., at state level, state: OH and my profession is software engineer. but i did not get the approval so far, do you think becoz of software profession they are keeping aside without processing? becoz i saw one approval of 11/22/03 which has got NOF at state but he got approval.

any idea what could be the reason? can anybody tell what was latest approval from OH state.
Click to expand...

Sai786,

I don't think it has anything to do with software engineer. I am too software engineer from CA. I even had query at State as well as Dallas BEC level but still got approved. I guess, it is the analyst who is assigned to your case. He might be on vacation. Don't worry, yours will get approved it is just a matter of week or two. If you are not on the same address as you have mentioned in your LC, keep calling your attorney's and employers because you won't get notification from Dallas BPC and your employer/attorney might take their own time even to inform you for what you are waiting so long.
 
Bad bad letter from Congressman Gary Miller - S California

Here is part (I could not scan/copy/past) of a letter Gary Miller, Member of Congress in S. California, sent back to me in reply to a fax I sent him through this forum.

Thank you for contacting me...blah, blah blah, ...Like you, I believe our nation's visa policies must not hinder the demands of our growing economy....Blah..blah... [bunch of stuff about reviewing mandatory spending]....H1-B program ... having critical skills and top talent from around the workld is essential for our economic progress, but at the same time, I firmly believe that the budget reconciliation bill is not the proper vehicle for major immigration policy reform. Any proposals should be fully debated regarding the social and economic impact of such changes.
The House Budget Reconciliation bill... passed on Nov 18, 2005, did not include proposals to increase legal immigration levels... As the budget reconciliation process continues ..... I will keep your concerns in mind...
Sincerely
Gary Miller
Member of Congress
 
cacanuk said:
Here is part (I could not scan/copy/past) of a letter Gary Miller, Member of Congress in S. California, sent back to me in reply to a fax I sent him through this forum.

Thank you for contacting me...blah, blah blah, ...Like you, I believe our nation's visa policies must not hinder the demands of our growing economy....Blah..blah... [bunch of stuff about reviewing mandatory spending]....H1-B program ... having critical skills and top talent from around the workld is essential for our economic progress, but at the same time, I firmly believe that the budget reconciliation bill is not the proper vehicle for major immigration policy reform. Any proposals should be fully debated regarding the social and economic impact of such changes.
The House Budget Reconciliation bill... passed on Nov 18, 2005, did not include proposals to increase legal immigration levels... As the budget reconciliation process continues ..... I will keep your concerns in mind...
Sincerely
Gary Miller
Member of Congress
Click to expand...

This apparently intelligent public representative cannot separate the budget reconciliation from immigration reform. They are two entirely different issues. Maybe if these representatives could appreciate this the budget bill would get through more easily. Essentially it is another band aid on a dire situation which is not being fully addressed by the government. They, and the media are spending an awful lot of time concentrating on illegal immigration and totally ignoring the plight of the legal non-immigrant who is trying to build their life in the US.
 
Couple of questions

Gurus,

I have a couple of questions.

I just talked with my lawyer and as we were going through various scenarios, she informed me that if my Labor Certification is rejected, then I will have to leave the country immediately as I am on the 7th year of H1 even though there is still time left on the H1. Is this true?

I have been offered a higher level postition within the company in another location. I understand that the LC is for a particular position in a particular Metro area. Is there a way to accept this higher level position in another state without jeopardizing the LC?

Thanks

SPP :confused:
EB-3 RIR TX
03/11/2004
 
spp1234 said:
Gurus,

I have a couple of questions.

I just talked with my lawyer and as we were going through various scenarios, she informed me that if my Labor Certification is rejected, then I will have to leave the country immediately as I am on the 7th year of H1 even though there is still time left on the H1. Is this true?

I have been offered a higher level postition within the company in another location. I understand that the LC is for a particular position in a particular Metro area. Is there a way to accept this higher level position in another state without jeopardizing the LC?

Thanks

SPP :confused:
EB-3 RIR TX
03/11/2004
Click to expand...

you will have to refile a new LC from the new state. I dont think you can do that at this point
 
That's what I was afraid of. Darn these people at BEC. If they would just get going, we all would not have to suffer Financially and Career wise.

Thanks

SPP :confused:
 
1. It is not true, if your LC is denied you can continue to work the time which is left on your I-129 form. The new extension can not be filed.

2. Any changes in the position responsibilities/location/reduced will jeopardize green card process. Your current LC can be approved. Because it is filed for the position and does not matter whose name is in the petition. But the next step is I-140 and what your employer is going to file ? Your new position with new location and original LC for old position. If so the I140 will be declined.

Technically it is possible that you take new position and when you are going to file I140 return back to the original one and to the original location. Why not if it is an option for you.

spp1234 said:
Gurus,

I have a couple of questions.

I just talked with my lawyer and as we were going through various scenarios, she informed me that if my Labor Certification is rejected, then I will have to leave the country immediately as I am on the 7th year of H1 even though there is still time left on the H1. Is this true?

I have been offered a higher level postition within the company in another location. I understand that the LC is for a particular position in a particular Metro area. Is there a way to accept this higher level position in another state without jeopardizing the LC?

Thanks

SPP :confused:
EB-3 RIR TX
03/11/2004
Click to expand...
 
another approval of 11/03 from yahoogroup

To: DallasBEC@yahoogroups.com
From: "murali chundi" <m_chundi@hotmail.com> Add to Address Book Add Mobile Alert
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Date: Sat, 26 Nov 2005 00:53:56 +0000
Subject: Re: [DallasBEC] Got my labor approved today.

I got mine today. CA, RIR.

PD : 11/20/03

Approval Letter dt: 11/15/05

--MC
--------------------------------------------------------------------------------
From: William Wang <gotnew@yahoo.com>
Reply-To: DallasBEC@yahoogroups.com
To: DallasBEC@yahoogroups.com
Subject: Re: [DallasBEC] Got my labor approved today.
Date: Wed, 23 Nov 2005 09:33:03 -0800 (PST)
>wow lots of approvals recently! congratulations!
>
>your case were transfered from San Francisco regional
>office (federal level) before transfered to BEC,
>right? Thanks.
>
>Sad I haven't even got my 45 day letter... I'm in
>California as well and I filed in Feb 2004. Anyone
>with similar situation?
>
>William
>
>--- Kesava Grandhi <kesavakumar@yahoo.com> wrote:
>
> > Hi Folks,
> >
> > Finally got my labot approved today (nov 22, 2005
> > from Dallas BEC.
> >
> > Filing date: Nov 2003
> > Category: EB2
> > State: California
> > Received 45 letter on Feb 2005, signed/returned on
> > Mar 2005.
> > My company can only file my I-140 but not I-485 as
> > current processing date seems to be year 2000
> > (hurrey in 2 months dates jumped from 99 to 00 for
> > Indians, hope same jump to be seen for rest of us).
> >
> > Lets meet you all there.
> >
> > Good Luck
> > Kesava
> >
> >
> > ---------------------------------
> > Yahoo! FareChase - Search multiple travel sites in
> > one click.
>
>
>
>
>__________________________________
>Yahoo! FareChase: Search multiple travel sites in one click.
>http://farechase.yahoo.com
>
>
>
>
>------------------------ Yahoo! Groups Sponsor --------------------~-->
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>
>Yahoo! Groups Links
>
><*> To visit your group on the web, go to:
> http://groups.yahoo.com/group/DallasBEC/
>
><*> To unsubscribe from this group, send an email to:
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>
 
Hope this helps.

Also if anyone else has more information - real life scenario on this topic - I would be interested in the details.

spp1234 said:
I just talked with my lawyer and as we were going through various scenarios, she informed me that if my Labor Certification is rejected, then I will have to leave the country immediately as I am on the 7th year of H1 even though there is still time left on the H1. Is this true?

I have been offered a higher level postition within the company in another location. I understand that the LC is for a particular position in a particular Metro area. Is there a way to accept this higher level position in another state without jeopardizing the LC?
Click to expand...

SOURCE: http://www.immigration-law.com/Advanced Q&A.html
(THE OH LAW FIRM)

Q-17 (11-17-05): My employer filed the labor certification application one week before my 5th anniversary of H-1B stay in the U.S. I have been working with this employer in the H-1B status. But now I have a new employer who wants to hire me inasmuch as the new employer will be able to file the 7th-year H-1B extension for me. Can I extend the 7th year extension through the new employer who is not the employer that filed my labor certification application?

A-17: Your question involves two separate issues. First, the law does not require that the labor certification application employer and the H-1B petition employer must be same. Accordingly, an employer other than labor certification application employer is eligible to file the 7th-year H-1B extension petition for you. Second, it is one thing that employer other than labor certification employer can file your 7th year H-1B extension and it is the other whether such 7th-year extension can survive under any circumstances. For instance, if the employer that filed the labor certification application does not need your services while it goes through the labor certification process and it would not object to your change of the H-1B employment, you will have no problem in applying for 7th-year H-1B extension through the new employer. However, if the labor certification employer disagrees to your departure from the employment and your taking a job with another employer, it can withdraw the labor certification application, and withdrawal of the labor certificaion will make your 7th-year H-1B extension not viable. For the 7th-year or 8th-year extension to survive, "a" labor certification must be pending or a I-140 petition is pending after the approval of the labor certification for more than 365 days. Once this "underlying" application or petition disappears due to withdrawal and revocation or denial, 7th-year H-1B extension collapses as well. However, if a new labor certification application is filed by the new H-1B employer before the old employer withdraws the pending labor certification application, it appears that you may be eligible for the 7th-year H-1B extension. One of the USCIS HQ official termed this as "alien-based" and the 365-day benefit is carried by the alien in his/her backpack. However, the alien-based concept does not apply when the labor certification is approved and the alien beneficiary is substituted by the employer. In the substitution context, it is the substituting alien beneficiary and not original substituted alien who takes the benefit of 7th year H-1B extension. All in all, the answer to your question is positive.
 
Well, I evaluated the GC from career perspective as follows.

First, what would be the financial gains that I would give up if I stay in the same position (If you have a better offer, this is money in the bank plus career growth over the next several years).

Let's say that the new position offers you 20k more in salary and another 10-15k in perks. Assuming the perks to be volatile, count only the salary increase and for simplicity, let's say the salary is 100k. Assume 3% salary increase per year (very modest) and assume 3 years (very aggressive) for processing time on your GC (LC plus all blah). So, you would be letting go ~64k plus future career prospects by staying on your current LC.

So, the question is 3 years down the road, what career enhancement do you expect by staying in the same position? Will your status as a permanent resident cause a career change significant enough to pay you back these 64k? If you believe so, then stick with current LC.

Otherwise, say bye-bye to current LC and move on to the better and greener pasteurs. Your new LC would be through PERM and decision would be in a few months. Once you have LC approved, you can be on your H-1 visa extension spree again (and that also of 3 years at a time rahter than 1 year extensions).

You will get hit in priority date, but who cares, till you can work here and earn more than you did last year? ;) I don't think that PDs are worth more than our careers.
 
Per my understanding LC has to be 1 year old to get H1B extensions beyond 6 years. Can you get 7th year extension based on 3-month old approved LC ?
 
justdoit said:
Per my understanding LC has to be 1 year old to get H1B extensions beyond 6 years. Can you get 7th year extension based on 3-month old approved LC ?
Click to expand...

if you have LC and 140 approved you can get H1 in 3 years extension, in that case LC does not have to be 1 year old, thats my understanding.
 
Sai786,
I posted my case here over the long weekend and Justwatching updated my info into the tracker. This is not a new one.
I was expecting a lot more approval postings after the thanksgiving weekend, but looks like u can never predict how the BEC works.
--MC
Sai786 said:
To: DallasBEC@yahoogroups.com
From: "murali chundi" <m_chundi@hotmail.com> Add to Address Book Add Mobile Alert
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Date: Sat, 26 Nov 2005 00:53:56 +0000
Subject: Re: [DallasBEC] Got my labor approved today.

I got mine today. CA, RIR.

PD : 11/20/03

Approval Letter dt: 11/15/05

--MC

>
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Ridiculous

Bomber said:
All the fields in my Screen shot are filled with correct values. Only one field is blank and that is "Data entry Assigned To".
Occupation code is 030062010.

Any Idea what can be done to remind them about my 45 day letter if they forgot to do so earlier?

Thanks
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Let them do their job. Why do you have to remind them? And how do you know they forgot to send YOU the letter. You are not the only one without the 45 day letter. So please wait patiently and things will happen. People like you are creating unnecessary delay and making it tough for those people in BEC to do their jobs. I would advise you to Get over yourself and stop being so desperate to get your GC.

------------------------------------------------------------ :mad:

PD Aug 2001
RD OCT 2002
Remanded Jun 2003
45 DL NONE
7th yr EXT Filed
 
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