Dallas Backlog Elimination Center Tracking

TooMuchWorried said:
For filing I-485, the priority date has to be current. WHAT is the priority date - the date when labor was applied or the date when labor case approved?

For I-485, is it based on country of birth or present country of citizenship?

Any one who know, please reply.

Thanks


filing for i-485 means looking to see if visas are available. each month a bulletin is published

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

A priority date is a person's place in line for becoming a permanent resident of the United States. Most green cards are numerically limited, depending on your country of birth, and the employment category by which you are obtaining permanent residence. For the employment based categories, a priority date can be established in one of the following two ways:

1) When your employer submits an application for an alien labor certification on your behalf; or

2) For those categories where no labor certification is required, when you or your employer submits a visa petition (Form I-140) to the INS on your behalf.



per the last bulletin (7th Dec 06)

EB1 is current world wide

"C" means current, i.e., numbers are available for all qualified applicants

EB2 is current for "rest of the world", Mexico & Philippines, China PD 22 Apr 05, India PD 8 Jan 03


EB3 PD for "Rest of the world", China & Philippines is 1 Aug 02. India PD 8 May 01 and Mexico PD 15 May 01


For example My PD date is 25 Nov 02, I am EB3 and "rest of the world", the current cut-off date per the visa bulletin is 1 Aug 02. I have to wait for the cut off date to advance so I can file i-485.

I have enclosed a sheet I use with my kids to measure how close we are.

http://www.murthy.com/mb_pdf/121506_P.html

January 2007 Visa Bulletin : Not a "Happy New Year"

The U.S. Department of State (DOS) has issued the first Visa Bulletin for the new calendar year. The January 2007 Visa Bulletin does not bring good tidings for everyone who hoped to start the year on a happy note. The employment-based (EB) categories were all either unchanged or had extremely limited forward movement. The only good news is that there was no further retrogression and that the EB3 preference category for Indian nationals broke the April 30, 2001 barrier and moved forward to May 8, 2001. All of the categories that were previously "current" continued to be current, and no category moved backward. There was a change in Schedule A, from unavailable to a June 15, 2004 cutoff date.
Employment-Based First Preference

The EB1 category remains current for all countries of chargeability.

Employment-Based Second Preference

In the EB2 category, all countries remain current except China and India. The cutoff dates for persons from mainland China and India remain unchanged. China continues to have a cutoff date of April 22, 2005. India continues to have a cutoff date of January 8, 2003. It is likely that these dates will remain stagnant in the near future, due to increasing demand for visa numbers.

Employment-Based Third Preference

India's cutoff date moved forward slightly, from April 22, 2001 to May 8, 2001. This slight movement may be significant, as it takes India past April 30, 2001, which was the deadline for 245(i) filings. This has importance because there were enormous numbers of cases filed on or right before April 30, 2001.

The only other country of chargeability that moved forward at all in EB3 was Mexico, which moved by a few days to May 15, 2001. All other areas of chargeability stayed at August 1, 2002, including worldwide, China, and the Philippines.

Other Workers

The Other Worker category was unchanged, with a cutoff date of October 1, 2001.

Schedule A Workers

The Schedule A category moved from "unavailable" to a cutoff date of June 15, 2004. This simply means that there are very few remaining of the 50,000 visas allocated to this category. The category was supposed to be eliminated in the January Visa Bulletin. Some numbers that had been issued to consulates for November were returned as unused, however, making them available again. Once these numbers are gone, the Schedule A cases will return to being counted with EB3, unless there is legislative relief.

Iraqi or Afghani Translators

This new subcategory within EB4 applies only to 50 Iraqi or Afghani nationals who have worked with the U.S. Armed Forces as translators for at least 12 months. The cutoff date remains at September 18, 2006.

Future Predictions by DOS

The Visa Bulletin indicated that the already heavy demand for EB2 visa numbers for China and India has been increasing. The DOS stated that the cutoff dates will not be able to move forward until current demand decreases.




Remember it's based on country of birth

I recommend Premium Processing for your i-140
 
Labor Substitute

Hi,

My husband has a RFE on his Eb2 Labor ..But stupid employer has just looked at it and we have couple of days to respond to them .Instead his employer has opted to offer us couple of Pre approved labors.My Husband is worried if this would create any problem going further....And another question i have is how can i identfy looking at the ETA 750 if its Eb2/Eb3 category . Any help is appreciated.

Thanks
potlavs:(
 
Change of employers mid LC Processing

Hi Guys,

Here is a lesson to learn from. I filed for LC from Company A, moved to Company B after waiting for 3 years. Finally the LC got approved from Company A after 3 1/2 years. The company B have yet to file PERM labor and I have just 14 months for 6 years H1B.

Now I cannot use the Company A LC any more and start over fresh. I am really frustrated with the LC process.

Guys, this is what happened to me. :(
 
wish30 said:
Hi Guys,

Here is a lesson to learn from. I filed for LC from Company A, moved to Company B after waiting for 3 years. Finally the LC got approved from Company A after 3 1/2 years. The company B have yet to file PERM labor and I have just 14 months for 6 years H1B.

Now I cannot use the Company A LC any more and start over fresh. I am really frustrated with the LC process.

Guys, this is what happened to me. :(

Did you explored the option of filing I-140 with Company A? Once this is approved, you can port the Company A's priority date after you start the GC process in Company B.
 
potlavs said:
Hi,

My husband has a RFE on his Eb2 Labor ..But stupid employer has just looked at it and we have couple of days to respond to them .Instead his employer has opted to offer us couple of Pre approved labors.My Husband is worried if this would create any problem going further....And another question i have is how can i identfy looking at the ETA 750 if its Eb2/Eb3 category . Any help is appreciated.

Thanks
potlavs:(
If it mentions masters degree OR bachelors/any other degree plus 5 years of experience then you can assume that it is a EB2 category. There is no place where it mentions directly.
 
manwithnoname said:
Did you explored the option of filing I-140 with Company A? Once this is approved, you can port the Company A's priority date after you start the GC process in Company B.

I believe you have to be working currently with that employer in order to file I-140.
 
Labour Certified

Online status shows CERTIFIED !!!
:)


ETA Case No: D-05139-XXXX
PD : Nov 22nd 2004
45 Day Letter Recvd 04/21/06
45 Day Letter replied: 04/24/06
 
Congratulations and good luck to your next step !!! Could you please tell us from which STATE your LC was submitted. Thanks a lot !!

sdolbg said:
Online status shows CERTIFIED !!!
:)


ETA Case No: D-05139-XXXX
PD : Nov 22nd 2004
45 Day Letter Recvd 04/21/06
45 Day Letter replied: 04/24/06
 
manwithnoname said:
Are you sure? FYI - nothing of that sort is mentioned in the Form I-140 link. Please let us know.
Thanks.

That's what my employer told me. I think we need to submit couple of recent pay stubs too. If not my employer does not want to file I140.
 
any one with D-05011 series

Its been a long time that I see any certified labor starting with D-05011- series. Am I the lone star in this series or other people still around.

Does any one have any idea of what are my chances of getting certified in near future?
 
I am with you

justlc said:
Its been a long time that I see any certified labor starting with D-05011- series. Am I the lone star in this series or other people still around.

Does any one have any idea of what are my chances of getting certified in near future?

Dont worry, you still have friends here with that same D-05011- series and with PD of jan 2003 wiating for decision.
 
NOF - Multiple reasons

Hi all,
My labor was filed under RIR from Chicago in July 2004. I got a Notice of Findings, Intent to Deny letter from DBEC. The reasons are:
1. Location where I will be working
2. Company Financials and ability to pay by the company and existing salary review
3. Results of Recruitment: This requires my company to submit the candidates who were interviewed and the reason for rejecting the candidates. DBEC is saying that according to Item 14 and 15 on the labor form 750A the rejected candidates may meet the requirements.
Item 14 states: Bachelor's Degree in Comp Sc., 2 yrs of experince an Item 15 states "combination of Degree and Experience"

Has anyone got such an elaborate NOF? Can anyone shed some light on how to respond to this, especially point #3 above?
 
I just stopped by to say hi to you Dallas folks. We're getting so many denials from PBEC that I just lost hope to get my case certified. When Marooti above said he got a NOF about "Location where I will be working", I lost another piece of hope since my lawyer put my home address in that field, because at the time I was working from home (from another state).

Looks like thats how they plan to clear the backlog: by denying as much as they can. I had never seen a denial form PBEC until just recently, when they started to rain on us. Well, good luck to yall, and lets hope for a miracle.
 
I am with you

Kanjoos said:
Dont worry, you still have friends here with that same D-05011- series and with PD of jan 2003 wiating for decision.


I am with probably filed a lil bit earlier than you. I filed from Wisconsin. Still waiting :-(((
 
PERM online status

Is it possible to find out PERM application status on your own w/o taking help of employer or lawyer?

Any input woiuld be appreciated.

Thanks.
 
Dec 2003 RIR Labor Finally Certified!

As of this morning 12/29/2006, my RIR labor is shown as "CERTIFIED", finally after 3 years!

Ohio, RIR, EB2
ETA Case No: D-05010-XXXX
PD: Dec. 24th 2003
RD: Aug. 10th, 2004 (Chicago)
45-Day Letter Received/Replied in March 2005
 
dhirajs98 said:
I am with probably filed a lil bit earlier than you. I filed from Wisconsin. Still waiting :-(((

Any updates on this series D-05175-xxxxx? I have been waiting for since Jun 2002. Mine was filed with EB3 and I am going to convert to EB2 soon.

Does conversion help?
 
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