Dallas Backlog Elimination Center Tracking

[ragas32]

Filed labour

Is already filed labour, in one employee's name, valid for transfer to another employee?

My employer told me that he has one already filed labour available, for which he has got a 45 day letter.

They told me that they can change it to my name and reply for the 45 day letter. I would like to know whether this is valid and legal.

Please let me know if any of you know about this.

Thanks a lot in advance.

 

[jewelhaque]

Yes your employer is correct, it is called labor substitute but check with any immigration attorney before you decide.

Is already filed labour, in one employee's name, valid for transfer to another employee?

My employer told me that he has one already filed labour available, for which he has got a 45 day letter.

They told me that they can change it to my name and reply for the 45 day letter. I would like to know whether this is valid and legal.

Please let me know if any of you know about this.

Thanks a lot in advance.

 

[kkosh]

Labor Certified

Hi,

I received a letter in the mail from DBEC on 07/06/06 stating that my labor has been certified. This forum has been very useful in getting useful information. Thanks a lot for all the informative posts. All the best to all.

Thanks
Kkosh

CA-RIR-EB3
Case Number : D-05195-*****
PD-02/03/2004
45 Days letter received 6/5/2006
45 Days letter replied 6/14/2006
Labor Certified 03/07/06

 

[yunest]

Status update

Hi all!
Just wanted to update my status... Today I learned that I received a 45-day letter apparently on June 10 - it was sent on June 8... The reply is going to be sent only today though, July 10 (!) for whatever reason...

Case Number : D-05210-*****
PD-03/2005
45 Days letter received 6/10/2006
45 Days letter replied 7/10/2006
Labor Certification: Will wait some more...

 

[jus_watching]

Hi,

I received a letter in the mail from DBEC on 07/06/06 stating that my labor has been certified. This forum has been very useful in getting useful information. Thanks a lot for all the informative posts. All the best to all.

Thanks
Kkosh

CA-RIR-EB3
Case Number : D-05195-*****
PD-02/03/2004
45 Days letter received 6/5/2006
45 Days letter replied 6/14/2006
Labor Certified 03/07/06

Congrats!! Good luck with the next stages. Has your lawyer/employer received the actual certified ETA750 form from DBEC?

jw

 

[desolate]

Received the 45 Day letter finally

received 45 day letter on July 5 2006. Replied on July 10 2006. Details already in tracked.

please update

D-05206-XXXXX
PD Aug 2004
State - MN
Regional Received Date - N/A

 

[kkosh]

Not yet

 

[chloekyle]

Congrats!! Good luck with the next stages. Has your lawyer/employer received the actual certified ETA750 form from DBEC?

jw

My company just received a letter today that my lc is certified, original ETA 750 is also received by my lawyer....

 

[Kupondole]

Duplicate Case Number

On Friday, I called the 202 number trying to get any information regarding the status of my LC application. When I gave my case number to the person on the line, he could not find me by my case number. The case number brought up application from another company. The person at the other end was a real gentleman and looked me up by my name. He was able to pull my application up by my first and last name. My case number was exactly the same as someone else.

I wonder what else could be messed up at BEC. Have any one of you on this forum have had similar experience?

 

[Chocolate]

info needed.

On Friday, I called the 202 number trying to get any information regarding the status of my LC application. When I gave my case number to the person on the line, he could not find me by my case number. The case number brought up application from another company. The person at the other end was a real gentleman and looked me up by my name. He was able to pull my application up by my first and last name. My case number was exactly the same as someone else.

I wonder what else could be messed up at BEC. Have any one of you on this forum have had similar experience?

Its good to know that the person on that 202 number is answering applicants of LC.will it be possible with my case too My PD is May 2004.and one more Dec 2004.will he also tell you whether it is eb2/eb3 becoz my hr say my case is eb3 although it has details of my masters and min exp is BS +5 years.
Any inputs

 

[bagyamala]

No 45 day letter yet

lviswa & am100: Did you get 45 day letter?

I got the snap shot last week, luckily they have my application but I have not recieved 45 day letter yet.

PD: Oct 2004
State: WI
CASE: EB2 RIR
45 day letter not recieved

I am in the same boat. Mine was mailed on Jun 28. Not recd yet.

 

[Thomas_WI]

I am on the same boat. No 45-day letter yet.

lviswa & am100: Did you get 45 day letter?

I got the snap shot last week, luckily they have my application but I have not recieved 45 day letter yet.

PD: Oct 2004
State: WI
CASE: EB2 RIR
45 day letter not recieved

 

[lviswa]

No trace of 45-day letter!!

lviswa & am100: Did you get 45 day letter?

I got the snap shot last week, luckily they have my application but I have not recieved 45 day letter yet.

PD: Oct 2004
State: WI
CASE: EB2 RIR
45 day letter not recieved

Hi,
I called up my attorny on Friday and insisted that they call Dallas BEC to find out about my 45-day letter. We got the information direct from the source that the letter had been mailed on June 26th and the person verified the address of the attorney and employer and then, mentioned that it should be coming up anytime 'soon' as they always seem to say these days
and that the attorney can call if they don't get the letter by Friday this week (Jul 14th).. My patience is stretching a bit too much!

 

[panjan04]

8th year extension - I-94 exipry date - status

Dear all,

I submitted same question in H1B related thread, but I am looking for help from all seniors in this thread who have such an extensive knowledge about the immigration process.

Please help me in understanding how bad is my situation in maintaining the status keeping the premium H1b filing as last resort as my employer is very reluctant do that.

I am on 7th year extension and 8th year extension was filed in June. As per the time lines on USCIS website, I am expecting my 8th year extension some where after September 15th.
I have receipt notice/number for 8th year extension.
My current H1B (7th year) and I-94 attached to it are valid only till September 8th. My current visa in passport already expired.

If in case, I do not get my 8th year H1b approved before September 8th, what will be the status for me? Will I be out of status?
Will the receipt notice be considered as valid document to maintain the status when I-94 is expired? Do I need to inform this to Port Of Entry as soon as my I-94 expires?
If I maintain status like that till I get H1B ext approved, and then if I go for staming in Mexico or Canada or India, will there be any problem in stamping and later at port of entry?

Thanks and regards,
panjan04

 

[Immi_Seeker]

Don't worry , you are good. All you have to do is apply for extension before the expiry of the current I-94. You are OK even if you receive the new I-94 after the expiry of the current one.

Dear all,

I submitted same question in H1B related thread, but I am looking for help from all seniors in this thread who have such an extensive knowledge about the immigration process.

Please help me in understanding how bad is my situation in maintaining the status keeping the premium H1b filing as last resort as my employer is very reluctant do that.

I am on 7th year extension and 8th year extension was filed in June. As per the time lines on USCIS website, I am expecting my 8th year extension some where after September 15th.
I have receipt notice/number for 8th year extension.
My current H1B (7th year) and I-94 attached to it are valid only till September 8th. My current visa in passport already expired.

If in case, I do not get my 8th year H1b approved before September 8th, what will be the status for me? Will I be out of status?
Will the receipt notice be considered as valid document to maintain the status when I-94 is expired? Do I need to inform this to Port Of Entry as soon as my I-94 expires?
If I maintain status like that till I get H1B ext approved, and then if I go for staming in Mexico or Canada or India, will there be any problem in stamping and later at port of entry?

Thanks and regards,
panjan04

 

[jewelhaque]

I agree with Immi_Seeker.

Don't worry , you are good. All you have to do is apply for extension before the expiry of the current I-94. You are OK even if you receive the new I-94 after the expiry of the current one.

 

[am100]

Yes, responded to 45 DL on Jul 7, 2006.

lviswa & am100: Did you get 45 day letter?

I got the snap shot last week, luckily they have my application but I have not recieved 45 day letter yet.

PD: Oct 2004
State: WI
CASE: EB2 RIR
45 day letter not recieved

 

[justdoit]

Dear all,

I submitted same question in H1B related thread, but I am looking for help from all seniors in this thread who have such an extensive knowledge about the immigration process.

Please help me in understanding how bad is my situation in maintaining the status keeping the premium H1b filing as last resort as my employer is very reluctant do that.

I am on 7th year extension and 8th year extension was filed in June. As per the time lines on USCIS website, I am expecting my 8th year extension some where after September 15th.
I have receipt notice/number for 8th year extension.
My current H1B (7th year) and I-94 attached to it are valid only till September 8th. My current visa in passport already expired.

If in case, I do not get my 8th year H1b approved before September 8th, what will be the status for me? Will I be out of status?
Will the receipt notice be considered as valid document to maintain the status when I-94 is expired? Do I need to inform this to Port Of Entry as soon as my I-94 expires?
If I maintain status like that till I get H1B ext approved, and then if I go for staming in Mexico or Canada or India, will there be any problem in stamping and later at port of entry?

Thanks and regards,
panjan04

I have been through that situation. Here's what you are looking for.
Per Law (Sec. 274a.12) - You have 240 days after I-94 expiration.

Sec. 274a.12 Classes of aliens authorized to accept employment.
(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to Secs. 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision. (Revised 1/1/94; 58 FR 69217)

URL - http://www.uscis.gov/lpBin/lpext.dl...0/slb-28404?f=templates&fn=document-frame.htm

 

[niceone]

received 45 day letter and responded
__________________
PD : March 11 2005
RIR/EB3 –
State - MI
ETA Case #
45 DL Received: JUNE 2006
Replied: END OF JUNE
LC ::: WHO KNOWS??

 

[jewelhaque]

Thanks for sharing this information !

I have been through that situation. Here's what you are looking for.
Per Law (Sec. 274a.12) - You have 240 days after I-94 expiration.

Sec. 274a.12 Classes of aliens authorized to accept employment.
(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to Secs. 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision. (Revised 1/1/94; 58 FR 69217)

URL - http://www.uscis.gov/lpBin/lpext.dl...0/slb-28404?f=templates&fn=document-frame.htm