Dallas Backlog Elimination Center Tracking

Question on multiple labor/I-140.

Gurus,

This May not be right place to post, But I really need your advice.

I have a question about perm/regular stuffs. Please advice.

I have labor pending at DBEC and I'm thinking of applying a new labor (PERM).
If new labor and I-140( using new labor) got approved, I can get a three years extension on my H1. While waiting for 485 (Because of priority date), If my OLD labor got approved, Can I use old labor priority to apply 485 or do I need to go through I-140 stage again with old labor?

Also is there any problem applying two I-140's?

Note: These are all for same person, same company, same poistion.

Appreciate all your responses.

Thanks in advance, MJee
 
MJee said:
Gurus,

This May not be right place to post, But I really need your advice.

I have a question about perm/regular stuffs. Please advice.

I have labor pending at DBEC and I'm thinking of applying a new labor (PERM).
If new labor and I-140( using new labor) got approved, I can get a three years extension on my H1. While waiting for 485 (Because of priority date), If my OLD labor got approved, Can I use old labor priority to apply 485 or do I need to go through I-140 stage again with old labor?

Also is there any problem applying two I-140's?

Note: These are all for same person, same company, same poistion.

Appreciate all your responses.

Thanks in advance, MJee
Click to expand...
Mjee,
If a PERM(new LC application via PERM) is filled for same person, same company, same position then his earlier (regular LC application) needs to be withdrawn. I am not 100% sure, I may be worng.
 
Input from the Gurus

Greetings Guys!!!
My PD is 8/2002. I got a 45 day letter and replied way back in February 2005. My lawyer sent a letter to the back log center for status and she received a a reply like this...


Dear XXX
The subject case has been received by the Dallas Backlog Elimination Center and is currently awaiting further review by a Backlog Elimination Center analyst....etc etc..

Can the gurus guess where exactly ( STEP ) my app is at. Is it RIR or Final Review....

Your input on this is greatly appreciated... :)
 
No.. I belive we can file new one

GcCovet,

I believe we can file a new one without withdrawing the old one. If we want to retain the old prority date only we need to withdraw old one.

Correct me if I'm wrong.

Thanks, Mjee


GCCovet said:
Mjee,
If a PERM(new LC application via PERM) is filled for same person, same company, same position then his earlier (regular LC application) needs to be withdrawn. I am not 100% sure, I may be worng.
Click to expand...
 
I asked the same question to my lawyer

MJee,

I asked my lawyer earlier this month to seek if it is possible to file another laber certificate under PERM while waiting my TR LCA in Dallas BEC at the same time. This is his reply:
------
If you file under PERM, we will lose the priority date, which is extremely important now. Further, even if we do transfer it to keep the original date, it is very difficult to do. I anticipate, although this is an educated guess right now, that most old cases will be decided in the next year so, since DOL does not have funding for the BRCs beyond that.
------
I don't know how true it is after reading his reply. But I can only file my application through him, so I am still stuck here waiting.... :(

MJee said:
GcCovet,

I believe we can file a new one without withdrawing the old one. If we want to retain the old prority date only we need to withdraw old one.

Correct me if I'm wrong.

Thanks, Mjee
Click to expand...
 
My lawyer states the same.

txtramdream,

Thanks for your response. My lawyer seems to be in same boat. I've read somewhere that says you can file new without withdrawing, but I couldn't find that info now. I'm searcing everywhere to find the information. If I find something, I'll post it here.

Mjee

txtramdream said:
MJee,

I asked my lawyer earlier this month to seek if it is possible to file another laber certificate under PERM while waiting my TR LCA in Dallas BEC at the same time. This is his reply:
------
If you file under PERM, we will lose the priority date, which is extremely important now. Further, even if we do transfer it to keep the original date, it is very difficult to do. I anticipate, although this is an educated guess right now, that most old cases will be decided in the next year so, since DOL does not have funding for the BRCs beyond that.
------
I don't know how true it is after reading his reply. But I can only file my application through him, so I am still stuck here waiting.... :(
Click to expand...
 
Here is some more information about multiple filing.

As a reminder to MurthyDotCom and MurthyBulletin readers, there is a box on the PERM application that asks whether the PERM case is a re-filing of a pending labor certification case. A re-filing must be identical to the initial filing. If approved and found to be identical, the new case will retain the priority date of the prior case. If this process is attempted by marking the re-filed box "yes," then the pending labor certification is withdrawn automatically. There has been a lot of speculation, however, as to what happens if there is a pending labor certification but the box is marked "no." For now, the DOL apparently will not withdraw the earlier filed and pending labor certification.
©MurthyDotCom
This is good news, as many employers are filing cases under PERM for individuals who are beneficiaries of cases that are pending at the BPCs. The BPC cases are older and have earlier priority dates. Thus, once the BPC case is approved, many people will want to have the option to use that case as the basis for the green card, rather than the more recently filed PERM case. With retrogression, the time difference between using the BPC case versus using the PERM case could have an enormous impact.
©MurthyDotCom
As with any policy, this DOL policy could change with little or no prior notice. Before the filing of a PERM case, when a labor certification is already pending at a BPC, the employer and employee should discuss these issues with a qualified, experienced immigration attorney to understand the possible ramifications and risks of a second filing.
 
Can an approved labor still be substituted? Or the new law does not permit anymore. Can someone please provide URL for new LC Substitution rule?
 
New to this site

Hi

I'm new to this site. One of my friend told me that it is very good resource. My Labor was filled in MI (09/2003) and was sent to DBEC. I havn't got 45 day letter yet. Just wondering about the current dates for 45 day letters. Can some one please let me about this.

Thanks
 
Another approval

http://www.immigrationportal.com/showthread.php?t=197925

Somehow we aren't seeing approvals in December from folks already registered on the tracker. Most(if not all) the approvals with Dec-2003 PD's are newly registered members.

Guys who are just viewing. Pls register and post your approval details. You made use of this wonderful tracker now once you receive approval pls don;t go without posting your details.

Thank you for listening.
 
7th year extension question for gurus

My friend's H1 is expiring in 3 months. If he files for the 7th year extension now, will he be out of status from the time his visa expires till the time he receives the approval from INS for the extension?? Is that considered an illegal stay that can cause problems later on in getting GC??

e.g. - Visa expires on 1st Feb. Applied for extension of visa, and approval comes on 25th Feb. Will the period of stay between 1st feb to 25th be considered illegal?


any help will be appreciated.
 
goingtocanada said:
My friend's H1 is expiring in 3 months. If he files for the 7th year extension now, will he be out of status from the time his visa expires till the time he receives the approval from INS for the extension?? Is that considered an illegal stay that can cause problems later on in getting GC??

e.g. - Visa expires on 1st Feb. Applied for extension of visa, and approval comes on 25th Feb. Will the period of stay between 1st feb to 25th be considered illegal?


any help will be appreciated.
Click to expand...

I don't think so. My H1 ended in April and I did not receive the approval until June. When you get the approval they give you a new I-94 to show that you are not out of status. As long as the paperwork is filed before the end of current H1 he should be fine. Plus 3 months is more than enough (generally speaking).
 
goingtocanada said:
My friend's H1 is expiring in 3 months. If he files for the 7th year extension now, will he be out of status from the time his visa expires till the time he receives the approval from INS for the extension?? Is that considered an illegal stay that can cause problems later on in getting GC??

e.g. - Visa expires on 1st Feb. Applied for extension of visa, and approval comes on 25th Feb. Will the period of stay between 1st feb to 25th be considered illegal?


any help will be appreciated.
Click to expand...

Reciept Notice enough continue to work, He should not travel out of country.
 
goingtocanada said:
My friend's H1 is expiring in 3 months. If he files for the 7th year extension now, will he be out of status from the time his visa expires till the time he receives the approval from INS for the extension?? Is that considered an illegal stay that can cause problems later on in getting GC??

e.g. - Visa expires on 1st Feb. Applied for extension of visa, and approval comes on 25th Feb. Will the period of stay between 1st feb to 25th be considered illegal?


any help will be appreciated.
Click to expand...

He will be legal till INS did not make a decision.

Unfortunatelly there is a very huge hole in the current law.
In case if INS declines to give an approval or gives denial that time from his H1B expiration till denied decision will be considered as staying in USA ILLEGALLY. If this time (Illegal staying) will exceed 180 days he will not get US visa during next several years (as I remember 5 years)
 
Yes, that is right...most of the LC backlog should be history by end of 2006 due to funding limitations.

The question is, as a BEC employee, why would I work myself out of my job faster? ;)
 
ranko said:
Hi

I'm new to this site. One of my friend told me that it is very good resource. My Labor was filled in MI (09/2003) and was sent to DBEC. I havn't got 45 day letter yet. Just wondering about the current dates for 45 day letters. Can some one please let me about this.

Thanks
Click to expand...

My PD is August/2003 RIR/EB3. I'm still waiting for 45 day letter. Anyone whose PD is after 08/2003 received 45 day letter?
 
sfmars said:
He will be legal till INS did not make a decision.

Unfortunatelly there is a very huge hole in the current law.
In case if INS declines to give an approval or gives denial that time from his H1B expiration till denied decision will be considered as staying in USA ILLEGALLY. If this time (Illegal staying) will exceed 180 days he will not get US visa during next several years (as I remember 5 years)
Click to expand...


thanks, all gurus, for u're replies
 
stsgc said:
My PD is August/2003 RIR/EB3. I'm still waiting for 45 day letter. Anyone whose PD is after 08/2003 received 45 day letter?
Click to expand...

I did but waiting for approval.
CA/August/2003 RIR/EB3
 
Manojs55 Congrats - Can you tell us exact PD date

manojs55 said:
I got my labor certification yesterday. MI/EB3/RIR, PD 11/2003, 45 day letter 9/2005. My case was forwarded to DBEC from MI SWA.
Click to expand...


Congrats manjos55 ... happy to hear this ...

Can you please tell us your exact PD date in November as
mine is MI/EB3/RIR, PD date is : 11/13/2003 (Nov 11th, 2003 )
and my collegue's PD date is : 11/11/2003 (Nov 11th, 2003).
But both of us didn't get 45 day letters as per our knoweldge .
It seems to be SWA cases also moving in Michigan .

Please provide your exact date and please confirm whether your case
is from SWA (Michigan state). Thanks
 
Baby Delivered

Hi All,

After 2 years of LABOR PAINS :) , finally my labor got approved. I have received the letter to my home address and my company also got it today.

Thanks to each and every one in this forum for sharing information and helping others. I wish you all good luck. Below are my case details.

State: IL
PD: Oct 21, 2003
EB3
45 Days letter replied: sometime in Mar/April 05.
RFE/NOF: Received exisitance check failed along with 45 days letter.
Case # D-05010*****
Approved Date: 11/14/2005
Letter Recevied: 12/06/2005

Thanks again,
RaviB
 
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