Dallas BEC Approval Queue Tracker
- Thread starter Zany_Brainy
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Pending LC and relocation
My Labor Certification (RIR - EB2) was filed on Feb 6, 2004 with the Texas SWA in Dallas. I have to relocate with my current job (with the same company) to a different city in the US.
1) What would be the impact to my LC?
2) Is there any way, I can retain my original priority date?
3) Is it possible to retain the priority date by maintaining the current location as home base and the new location as a temporary project location? What are the exact provisions under that situation?
Any other thoughts/ideas as to how I can relocate while maitaining my current LC application and priority date. Thanks.
My Labor Certification (RIR - EB2) was filed on Feb 6, 2004 with the Texas SWA in Dallas. I have to relocate with my current job (with the same company) to a different city in the US.
1) What would be the impact to my LC?
2) Is there any way, I can retain my original priority date?
3) Is it possible to retain the priority date by maintaining the current location as home base and the new location as a temporary project location? What are the exact provisions under that situation?
Any other thoughts/ideas as to how I can relocate while maitaining my current LC application and priority date. Thanks.
I have received bunch of PMs in last one week asking about approval & status from Dallas BPC.. I am trying to respond each one but Its difficult to answer each person separately. If you are only looking for Information about latest approvals from Dallas BPC please keep on checking DATABASE at http://groups.yahoo.com/group/DallasBEC/ Or (http://groups.yahoo.com/group/DallasBEC/database) Group members daily update the database with latest approvals.
thanks
thanks
am100 said:
1. There is a big chance that your LC can be denied. You can not move to the different Metropolian area on this step of GC. Based on the law your employer/lawyer needs to inform DOL about any changes in the address.
2. As I remember before 2001 an individual saved PD but only if his LC was approved and such type of changes happened (address changed) on the further step (I140). However LC needed to be filed from the beginning only PD was saved. I do not know how it works now.
3. It is possible if you have good relationships with your employer and your salary will come from the original place where your LC was filed.
WaitingonLC
Registered Users (C)
am100 said:
They have recruited you for a specific position for a future job in a perticular location.If the offered position location has not changed/moved there should not be any issue.If the offered job position locations are moved/changed to a reasonable distance places then employer will have to do the new labor market recruiting.This is per recent FAQ's from Backlog center.Please read the FAQ for more information
http://www.ows.doleta.gov/foreign/pdf/backlog_faqs_5-2-05.pdf
WaitingonLC said:
Thanks sfmars and WaitingonLC.
Let me provide some clarifications. I have been on my current position for the past 3 years and LC was filed about 1.5 years back (Feb 04) for my current position. My LC is at Dallas BEC. No 45 day letter recd.
Now my employer wants to relocate me with my current job to a new location. And I am trying to figure out my options of not impacting my pending LC.
Also, if my pending LC will not be valid anymore cos of my relocation, the employer is willing to pursue PERM, which according to them, would take 6-8 months of prep work before filing. (Fortune 100 company, more than 100,000 employees).
Given the fact that EB2 might retrogress, I am more inclined to save my current pending LC and the priority date.
Any thoughts please? Thanks.
am100 said:
How far is your new job ? If it is less than 40-50 miles I do not think it will be the problem to maintain your current LC.
If it is more than reasonable distance then you can explore 2 options:
1. Negotiate with the employer to keep you on the payroll on the old place and physically work on the new one (as a temporary contractor).
This way is too risky from my point of view
2. Ask your employer to file PERM from the new place for your new position
sfmars said:
Thanks sfmars.
Yes, the new job is in totally different city. Much farther than 40-50 miles.
Looking at your suggestions, why do you feel that it is too risky to be temporarily assigned to a new project. I will still be a permanent employee. But I will just be assigned on "long distance project" for a little while. Do you think that would be reasonable? But given the size of my company, I am not yet sure if they will agree to it. I am gonna give it a shot though.
Also, looking at PERM, I am just concerned that I might loose 2 years of my LC case and priority date, which will be handy if EB2 goes into retrogression. Tough decision.. !!
Thanks.
am100 said:
I just wanted to say that technically the first option should work but some conditions need to work all the time during your GC process:
1. Your employer should agree with your proposal but judging by the size of your company it is not going to be easy to convince him.
2. If they say yes now, nobody can not guaratee that the will not change their decision in the future (mangement can be changed) if so you can loose more than 2 years and your PD.
3. Some other independant circumstances can happen which do not depend on you employer (Law can change ) and they can change their decision.
In any case you know the situation better and you will have to make your choice.
am100 said:
If you have a job with the same company in a different city wouldn't that be considered a new LC altogether ? In which case you could keep the old LC and file PERM for the new location ... You should ask them if they are willing to change your title a little bit (maybe a small promotion in order to have a totally different LC. Then if the old one come before thta one you can try to relocate to your previous city with your previous title. If PERM goes through first then you win on every aspect ... Just my two cents
am100 said:
This came up when I originally filed. At that time my company intended to setup a number of satellite offices in various states including TX and CA.
What was in box 7 of your eta750 - the main location or a phrase similar to "one or more unanticipated sites throughout the country"? If the latter you should be ok, however it's still probably best to check with your attorney.
Last edited by a moderator:
Thanks sfmars, pcc and MDwatch.
I liked the idea from MDwatch. I am going to see if they accept that. It is difficult though with large corporations. They are ready to promote me along with the relocation, but I am trying to see if not taking the promotion will help me retain my currently pending LC.
I liked the idea from MDwatch. I am going to see if they accept that. It is difficult though with large corporations. They are ready to promote me along with the relocation, but I am trying to see if not taking the promotion will help me retain my currently pending LC.
am100 said:
if your hr is understanding, you should go for the promotion. as long as your hr agrees to leave things as they are on your current lc application, you should be ok on that one and then try the perm with the promotion title as mdwatch suggested. then you win on all sides.
but you are right about big corporations. i am in one and given all the re-orgs, groups and titles are always changing here. my hr was "understanding" (for lack of a better term to use here
). anyways, don't forgot anything or propose not to get the promotion...talk to them and see if you have chance to win on all counts.
good luck to you!
Chicago-case
Registered Users (C)
Another Approval
Originally posted by GCPlan
--------------------------
1. PD: July 1st 2002, State cleared in Aug 2003.
2. Job Requirement: BS+2 yrs. My exp at the time of application: BS + 2.5 yrs
3. State: CA: Received notification letter from Dallas BEC in March 2005.
4. Company was small with about 30 people at the time of filing.
Originally posted by GCPlan
--------------------------
1. PD: July 1st 2002, State cleared in Aug 2003.
2. Job Requirement: BS+2 yrs. My exp at the time of application: BS + 2.5 yrs
3. State: CA: Received notification letter from Dallas BEC in March 2005.
4. Company was small with about 30 people at the time of filing.
Chicago-case
Registered Users (C)
Yet another approval
Also Icarus has updated that the RIR queue has reached Nov02
Originally Posted by pkpalta
Hi I got my Labor Certification Approved.
PD Aug 2002
RD June 2003
State: California
EB-3
BS+2 years...
Also Icarus has updated that the RIR queue has reached Nov02
Originally Posted by pkpalta
Hi I got my Labor Certification Approved.
PD Aug 2002
RD June 2003
State: California
EB-3
BS+2 years...
zany_brainy
zany brainy - is there a way to get similar details for all the cases in both the Philly and Dallas BEC.
]
RIR CASES PENDING/MONTH
Cases Month Year
... ... ...
15 1 2001
36 2 2001
155 3 2001
5546 4 2001 According to Icarus we are past this point now!!
192 5 2001
281 6 2001
338 7 2001
351 8 2001
351 9 2001
419 10 2001
282 11 2001
333 12 2001
361 1 2002
388 2 2002
555 3 2002
660 4 2002
1022 5 2002 <-- This is where I am and pretty much all CA backlog is starting from here
1261 6 2002
1641 7 2002
1526 8 2002
1593 9 2002
1465 10 2002
1403 11 2002
1781 12 2002
1941 1 2003
1921 2 2003
1947 3 2003
2122 4 2003
2184 5 2003
2014 6 2003
2151 7 2003
1950 8 2003
2129 9 2003
2007 10 2003
1304 11 2003
1619 12 2003
1250 1 2004
1061 2 2004
854 3 2004
603 4 2004
530 5 2004
518 6 2004
407 7 2004
684 8 2004
54 9 2004
[/CODE]
(Remember that many many cases between 5/2001 and 5/2002 PD has already been processed by DOLS, I have excluded the cases processed by CA DOL, but I dont have an exact Idea enough to remove cases from other DOLs)
SO WORST CASE SCENARIO WE HAVE 4511 Cases before the RIR Queue reaches May 2002. i.e. 4511/90*2 (90 cases a day per BEC)= 25.06 Days ~ 1.2 month.
My estimates are that there are very few cases between these dates actually and we should get May 2002 cases in Analysis within a week or 2 at max..
ICARUS...Please just send us a message once you see even 1 (ONE) May 2002 case in Analysis (PLEASE)!!
Thanks[/QUOTE]
zany brainy - is there a way to get similar details for all the cases in both the Philly and Dallas BEC.
]
RIR CASES PENDING/MONTH
Cases Month Year
... ... ...
15 1 2001
36 2 2001
155 3 2001
5546 4 2001 According to Icarus we are past this point now!!
192 5 2001
281 6 2001
338 7 2001
351 8 2001
351 9 2001
419 10 2001
282 11 2001
333 12 2001
361 1 2002
388 2 2002
555 3 2002
660 4 2002
1022 5 2002 <-- This is where I am and pretty much all CA backlog is starting from here
1261 6 2002
1641 7 2002
1526 8 2002
1593 9 2002
1465 10 2002
1403 11 2002
1781 12 2002
1941 1 2003
1921 2 2003
1947 3 2003
2122 4 2003
2184 5 2003
2014 6 2003
2151 7 2003
1950 8 2003
2129 9 2003
2007 10 2003
1304 11 2003
1619 12 2003
1250 1 2004
1061 2 2004
854 3 2004
603 4 2004
530 5 2004
518 6 2004
407 7 2004
684 8 2004
54 9 2004
[/CODE]
(Remember that many many cases between 5/2001 and 5/2002 PD has already been processed by DOLS, I have excluded the cases processed by CA DOL, but I dont have an exact Idea enough to remove cases from other DOLs)
SO WORST CASE SCENARIO WE HAVE 4511 Cases before the RIR Queue reaches May 2002. i.e. 4511/90*2 (90 cases a day per BEC)= 25.06 Days ~ 1.2 month.
My estimates are that there are very few cases between these dates actually and we should get May 2002 cases in Analysis within a week or 2 at max..
ICARUS...Please just send us a message once you see even 1 (ONE) May 2002 case in Analysis (PLEASE)!!
Thanks[/QUOTE]
Pending LC and relocation
Foret1 - I sent you a PM. Would you care to respond. Thanks much.
foret1 said:if your hr is understanding, you should go for the promotion. as long as your hr agrees to leave things as they are on your current lc application, you should be ok on that one and then try the perm with the promotion title as mdwatch suggested. then you win on all sides.
but you are right about big corporations. i am in one and given all the re-orgs, groups and titles are always changing here. my hr was "understanding" (for lack of a better term to use here
anyways, don't forgot anything or propose not to get the promotion...talk to them and see if you have chance to win on all counts.
good luck to you!
Foret1 - I sent you a PM. Would you care to respond. Thanks much.
Approved !!!
Friends..
Finally I got something to post regarding to my case
Just got a call from my Attorney that my case has been approved by Dallas Backlog Reduction Center.
Here are the details
CA RIR EB-2
Priority Date : Sept 23 2002
Regional Receipt Date : August 14 2003
Dallas BPC Case # D-04320-025xx
45 Day Letter Received/ Replied : March 14 2005
Approval Received in Mail (Attorney): June 30 2005
It was a long journey.. But hey I really had good time (even though lot of fustration, tension, confusion, yelling at eachother) sharing information with all of you guys..
I really hope & pray that all of you will get out of this BPC as soon as possible.
MAY THE FORCE BE WITH YOU
Gaurang
Friends..
Finally I got something to post regarding to my case
Just got a call from my Attorney that my case has been approved by Dallas Backlog Reduction Center.
Here are the details
CA RIR EB-2
Priority Date : Sept 23 2002
Regional Receipt Date : August 14 2003
Dallas BPC Case # D-04320-025xx
45 Day Letter Received/ Replied : March 14 2005
Approval Received in Mail (Attorney): June 30 2005
It was a long journey.. But hey I really had good time (even though lot of fustration, tension, confusion, yelling at eachother) sharing information with all of you guys..
I really hope & pray that all of you will get out of this BPC as soon as possible.
MAY THE FORCE BE WITH YOU
Gaurang
PainfulGC123
Registered Users (C)
gp111 said:Friends..
Finally I got something to post regarding to my case
Just got a call from my Attorney that my case has been approved by Dallas Backlog Reduction Center.
Here are the details
CA RIR EB-2
Priority Date : Sept 23 2002
Regional Receipt Date : August 14 2003
Dallas BPC Case # D-04320-025xx
45 Day Letter Received/ Replied : March 14 2005
Approval Received in Mail (Attorney): June 30 2005
It was a long journey.. But hey I really had good time (even though lot of fustration, tension, confusion, yelling at eachother) sharing information with all of you guys..
I really hope & pray that all of you will get out of this BPC as soon as possible.
MAY THE FORCE BE WITH YOU
Gaurang
Hey gp111,
Let me be the fist one to whole heartedly congratulate you!!!
You have been an outstanding resource to this forum and we will miss you in the LC forums. Please do stick around a little while in the LC threads to help poor souls like us.
I was seriously thinking about changing jobs today and your approval gives me a new ray of hope.
Best of luck with I-140 and 485! These days 140 and 485 approvals are coming out very quick and you may have your GC in hand before the end of the 2005.
Hearty congratulations again!!!
mvinays