Dallas Backlog Elimination Center Tracking

lekheye said:
Or you can simply fill out the AR-11 form. It should update your address in the LC application. Although, it should be filled within 10 days, but its better than not filing at all.


Unfortunately, that is not true. The AR-11 form is just to inform the Homeland Security that you have moved. It has nothing to do with the LC. You have to file AR-11 form even if you have GC until you get Citizenship.

Thanks
 
Helpful info

sfmars said:
In general case government letters can not be forwarded.

What the problem to go to VA from OH, in the worst case if you lived in the appartment call to you land lord (leasing office), ask them to talk to the people who lives there.

All my fiends who moved during LC did not get letter, although all of them had forwarding.

Thanks for the info i will call the apartment people and tell them to contact the people who reside there.Do you think it will take 1 year at the least to get my labor approval? acc to HR it will take so long . :confused:
 
sfmars said:
EB2/EB3 depends how your position was advertised and your degree.
If you are PhD and full professor but your position requires BS + 4 years of experience. Your category will be EB3.

BS+4YearsExperience -> EB3

What i understood is: if the position requires BS(4yearsDegree)+5 YearsExperience then EB2. right?
 
Last edited by a moderator:
looks like ppl who replied their 45DLs between feb-apr 05 getting approvals ..

let's see who get's the next approval..
 
Last edited by a moderator:
dreamworld said:
BS+4YearsExperience -> EB3

What i understood is: if the position requires BS(4yearsDegree)+5 YearsExperience then EB2. right?


Employment Second Preference (E2)

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:

Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and

Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.



Employment Third Preference (E3)

Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas. All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:

Skilled workers are persons capable of performing a job requiring at least two years'' training or experience;

Professionals with a baccalaureate degree are members of a profession with at least a university bachelor''s degree; and

Other workers are those persons capable of filling positions requiring less than two years'' training or experience.
 
Need some info. My PERM LC got cleared recently. However I also have a RIR labor pending for approval in Dallas BEC. My RIR Labor PD is better than the PERM one. My attorney says that once PERM is cleared, all the pending labor petetions in BEC are cancelled. I am not sure if this is true. The question is does the PERM processing center inform Dallas BEC to cancel all the labor petetions applied on my name. Ideally I want to wait till I get my RIR Labor as it's PD is 04/2004. Any help....?
 
already got LC but company might close, H1 expires mid 06

Experts, Please give me some helping hands.
I've never thought I will ask this question to anyone but things happen.

I got my LC .
My H1 is in 6th year. My document say it is valid until mid 06. I had several times of business travel to out side of US. At best it will be around 3 months total. My company is willing to apply for the 7th year extension.

Here goes the dramatic condition. My company will probably be shut down in 07.

Questions,
1. Do I still have a option of H1-B transfer to other company? probably yes but what do you think?
2. If any company offer me E1 visa, I guess that's not that bad option to take. Do you agree?
3. What else can be my smart move in this case.

Let's say my company will really really shut down.

Thanks in advance.

:eek:
 
Last edited by a moderator:
similar situation

My case number also starts with 04320, CA PD = Nov. 02, RD = Nov 03, 45 day replied in Feb 05, Dallas BEC, no news till date

maybe a box of cases is lost somewhere :-(

Pegasus503 said:
Your post gives me hope, as our cases were both entered into the Dallas BEC system on the same day;

04320 being 15th Nov 2004.

I would be interested to know when your 45 day letter was received.


ETA # D-04320-xxxxx

Case arrived Dallas BEC 2004, 320th day, 15th Nov

PD - 25 Nov 2002

RD - 21 Nov 2003

SWA - California

45-day letter - 11 Feb 2005

45-day Letter returned - 23 Feb 2005

RIR EB2

Case was sent to Dallas from Regional
 
Louisiana Labor Cert - Pebding for a LONG time

Hi,

My case details are given below:

PD: 11/26/2001
State: LA
Method: TR (Traditional or non-RIR)
Received 45-day letter from State Labor Dept (before the formation of Backlog Centers) in 7/2003 and responded within 45 days.
45-day letter from Backlog Center - Not Received

I need to have the EAD by June 2006 since my wife has got into medical residency program. If I don't get EAD by that time she has to move to J1 visa.

Any suggestions?

Thanks
 
sujitm said:
Hi,

My case details are given below:

PD: 11/26/2001
State: LA
Method: TR (Traditional or non-RIR)
Received 45-day letter from State Labor Dept (before the formation of Backlog Centers) in 7/2003 and responded within 45 days.
45-day letter from Backlog Center - Not Received

I need to have the EAD by June 2006 since my wife has got into medical residency program. If I don't get EAD by that time she has to move to J1 visa.

Any suggestions?

Thanks

You are the first guy that I have seen on these forums, who is from LA..just like me.
You do not mention if your state was cleared.
My case cleared the state and received/replied the 45 day letter in Feb 05. Also mine is a non-rir July02 case. So your case does not make sense.
 
Last edited by a moderator:
Its not in your hand

manager2 said:
Need some info. My PERM LC got cleared recently. However I also have a RIR labor pending for approval in Dallas BEC. My RIR Labor PD is better than the PERM one. My attorney says that once PERM is cleared, all the pending labor petetions in BEC are cancelled. I am not sure if this is true. The question is does the PERM processing center inform Dallas BEC to cancel all the labor petetions applied on my name. Ideally I want to wait till I get my RIR Labor as it's PD is 04/2004. Any help....?

Once your PERM labor is approved from same employer, all other labor applications will be cancelled automatically.
 
PBECIsKillingMe said:
Once your PERM labor is approved from same employer, all other labor applications will be cancelled automatically.

No, not true.

Once PERM labor is filed, labor pending at BEC will be cancelled ONLY IF the jobs are "identical" AND if they "request on PERM form for preservation of priority date of earlier labor".

"Identical" means same job title, same job location, same job description, same employer, same alien and same job requirements.

I know of many people in these forums who have labor pending at BEC and have filed PERM and received approval sucessfully without jeopardizing the old labor. However, note that one or more parameters that determine "identical jobs" (as described above) between the old labor and new PERM labor were different.
 
Last edited by a moderator:
I am not very positive on this

mvinays said:
No, not true.

Once PERM labor is filed, labor pending at BEC will be cancelled ONLY IF the jobs are "identical" AND if they "request on PERM form for preservation of priority date of earlier labor".

"Identical" means same job title, same job location, same job description, same employer, same alien and same job requirements.

I know of many people in these forums who have labor pending at BEC and have filed PERM and received approval sucessfully without jeopardizing the old labor. However, note that one or more parameters that determine "identical jobs" (as described above) between the old labor and new PERM labor were different.

I am not sure what you say is true. The most complicated part is, if they find multiple job description for same guy - its again a different problem.

Please send me some link where I can verify this for my knowledge.
 
Pending law and 140

I just got following message from my lawter.
"I would like to file this 140 petition soon - there is a rule pending in congress that we would have to do this within a time limit (which you have already passed) so if this rule is passed, we will be in trouble"

I got my LC but haven't filed I140 yet.
Please give me some advice on what my lawyer is talking about.

Thanks for million.
 
sjgc1

I think you lawyer is talking about the pending legislation on the 45-day rule. Your I-140 has to be applied within 45 days of Labor approval. Otherwise, your Labor is going to expire. This is a proposed rule and is awaiting passage by the Congress. So, you would be better off applying for your I-140. Also, the pace of approvals is fast, and you are better off getting it out of your way. Another advantage is the 3 yr increments in H1 rather than the 1 year you have now.

sjgc1 said:
I just got following message from my lawter.
"I would like to file this 140 petition soon - there is a rule pending in congress that we would have to do this within a time limit (which you have already passed) so if this rule is passed, we will be in trouble"

I got my LC but haven't filed I140 yet.
Please give me some advice on what my lawyer is talking about.

Thanks for million.
 
Approval without 45 day letter?

So you got your approval WITHOUT ever getting the 45DL?

mo-lc said:
I have some good news to report after a long..... wait, my lawyer called me today and left a voice mail saying that my LC has been approved. I have not seen the approval letter yet. Thanks every body for your support and good louck to you all !!!

CASE DETAILS:
CASE NO (Dallas): D-05011-xxxx
Dallas Case received: 01/11/2005
PD:Aug 2002
RD (Chicago): April 2004
CASE TYPE: RIR/EB3
45 Day letter - Never Received ???
 
Re: Approval without 45 day letter?

There should never had been a 45 day letter stuff in the first place. Its just an attempt on BECs end to reduce their work by small fraction at the expense of high cost and burden further backlogging their backlogged process.
 
absolutely

lekheye said:
There should never had been a 45 day letter stuff in the first place. Its just an attempt on BECs end to reduce their work by small fraction at the expense of high cost and burden further backlogging their backlogged process.

I agree with the above (strongly). The 45DL was just an artificial means of "reducing" their backlog queues.. but at the expense of first generating all these letters and tracking their responses.. which as the situation seems (based on the numerous posts that I have seen that seem to indicate wrong closure of cases based on missing responses) .. is causing more pain than benefit.. I guess more pain at least to the applicants.. but to the BECs.. its one more way to conveniently justify the delays..
 
Top