New York SESA Tracker

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I have filed for LC in NY since oct 2001.

I got laid off but the company is still willing to continue processing my GC.
My termination day is jan31 , but they will inform ins 90 days after the ternination date.
I have another offer from a different company that is going on.
Will there be a major problen if they file for H1 transfer after the 31th ,lets say on Feb 3rd?
 
gz71 said:
I have filed for LC in NY since oct 2001.

I got laid off but the company is still willing to continue processing my GC.
My termination day is jan31 , but they will inform ins 90 days after the ternination date.
I have another offer from a different company that is going on.
Will there be a major problen if they file for H1 transfer after the 31th ,lets say on Feb 3rd?
Click to expand...

I think you should be fine as far as you can submit recent paystubs.
 
PERM or Substitution

Can someone give their 2 cents worth on this please -
I am looking at possible options to go for either PERM conversion or a substitution. Is it possible in substitution process to inherit priority date of the pre-approved labor? Or one cannot becasue you are using substitution ???

Thanks
 
mombasa said:
Can someone give their 2 cents worth on this please -
I am looking at possible options to go for either PERM conversion or a substitution. Is it possible in substitution process to inherit priority date of the pre-approved labor? Or one cannot becasue you are using substitution ???


Thanks
Click to expand...

If you use labor substitution you inherit the original Priority Date.
 
gz71 said:
I have filed for LC in NY since oct 2001.

I got laid off but the company is still willing to continue processing my GC.
My termination day is jan31 , but they will inform ins 90 days after the ternination date.
I have another offer from a different company that is going on.
Will there be a major problen if they file for H1 transfer after the 31th ,lets say on Feb 3rd?
Click to expand...

I think you need to ckeck this out. If you stop working on the 31st you would be out of status. You may want to apply for B1/B2 or something like that. You should really ask an immigration attorney about this.
 
PRE Approved labor question

I have an offer form a company that has a pre approved labor for my education qualification and experience. At this point I am not sure what is the PD of this preApproved labor.
The problem is that I have only 1 year left in my six year limit. Now the question is that if I joined them now will I able to get the 7 year extension based on this labor?
The company is willing to file I140/485 witihin 1-2 months of joining them. Will I able to the get an EAD before the six year limit expires?

I have also another labor certification pending in NY (PD Dec 2001). Should I wait for this laobr to get approved in BEC?

Please repsond to any of those questons. Your comments are very welcome
 
ropa said:
I have an offer form a company that has a pre approved labor for my education qualification and experience. At this point I am not sure what is the PD of this preApproved labor.
The problem is that I have only 1 year left in my six year limit. Now the question is that if I joined them now will I able to get the 7 year extension based on this labor?
The company is willing to file I140/485 witihin 1-2 months of joining them. Will I able to the get an EAD before the six year limit expires?

I have also another labor certification pending in NY (PD Dec 2001). Should I wait for this laobr to get approved in BEC?

Please repsond to any of those questons. Your comments are very welcome
Click to expand...


I think you can get your 7th year extension based on the pending December 2001 labor certification.

If you can file concurrently I-140/I-485 (your priority date is current) you should be able to get your EAD in time before your H1 expires and then you can just use that to work instead of the H1 extension.

Whenever possible though try to keep using the H1 instead of the EAD, gives you more options if the I-140/I-485 get denied.
 
Pre-Approved Labor ?

ropa said:
I have an offer form a company that has a pre approved labor for my education qualification and experience. At this point I am not sure what is the PD of this preApproved labor.
The problem is that I have only 1 year left in my six year limit. Now the question is that if I joined them now will I able to get the 7 year extension based on this labor?
The company is willing to file I140/485 witihin 1-2 months of joining them. Will I able to the get an EAD before the six year limit expires?

I have also another labor certification pending in NY (PD Dec 2001). Should I wait for this laobr to get approved in BEC?

Please repsond to any of those questons. Your comments are very welcome
Click to expand...

My question is ..... "How do they get or even offer a pre-approved labor ??"

Is there such a thing ? Legally ? Can someone explain !
 
Suhel said:
My question is ..... "How do they get or even offer a pre-approved labor ??"

Is there such a thing ? Legally ? Can someone explain !
Click to expand...

Yes. Labor Substitution is legal. Basically what happens is a company files a labor certification, then say for example the beneficiary of that labor leaves the company and the labor is not used to file I-140/I-485. Then someone that meets the same job and education/experience requirements can take that labor certification to file I-140, etc.
 
Suhel said:
My question is ..... "How do they get or even offer a pre-approved labor ??"

Is there such a thing ? Legally ? Can someone explain !
Click to expand...

To answer your question whether it is legal/illegal; I personally know some folks in NJ who utilized the subsituted labor and have the GC right now
 
JustWatching said:
Yes. Labor Substitution is legal. Basically what happens is a company files a labor certification, then say for example the beneficiary of that labor leaves the company and the labor is not used to file I-140/I-485. Then someone that meets the same job and education/experience requirements can take that labor certification to file I-140, etc.
Click to expand...

Wow ... I never knew that ! .... Thats a great deal ! ... less stress !
 
JustWatching has given you a pretty good explanation about the question you asked. I just want to remind you about so called "Pre-Approved labor". It's legal to do labor substitution. But there are many fraud cases that people get screwed up. Before you decide to take that approach, you should do more investigation about that company. Make sure you are taking a real chance in stead of falling into some trap. Good luck.

ropa said:
I have an offer form a company that has a pre approved labor for my education qualification and experience. At this point I am not sure what is the PD of this preApproved labor.
The problem is that I have only 1 year left in my six year limit. Now the question is that if I joined them now will I able to get the 7 year extension based on this labor?
The company is willing to file I140/485 witihin 1-2 months of joining them. Will I able to the get an EAD before the six year limit expires?

I have also another labor certification pending in NY (PD Dec 2001). Should I wait for this laobr to get approved in BEC?

Please repsond to any of those questons. Your comments are very welcome
Click to expand...
 
Eb2/eb3?

Will this be a criteria for Labor or 140/485?

will processing times be a lot different betwen EB2 and EB3 applications ?
 
LaborPains said:
Will this be a criteria for Labor or 140/485?

will processing times be a lot different betwen EB2 and EB3 applications ?
Click to expand...


EB2 / EB3 is used when processing I-140. Today, if you are not from India, China or Phillipines EB3 is faster. This may or may not be true in the future.
 
JustWatching said:
EB2 / EB3 is used when processing I-140. Today, if you are not from India, China or Phillipines EB3 is faster. This may or may not be true in the future.
Click to expand...

Thanks for the reply.
If I am from India, will the I-140 be significantly slower under EB3 than for EB2?
 
LaborPains said:
Thanks for the reply.
If I am from India, will the I-140 be significantly slower under EB3 than for EB2?
Click to expand...


Well, right now EB-3 priority dates after 1/1/02 cannot file for I-485 so you can still file for I-140. It is unclear if USCIS Service Center will process your I-140 until your PD becomes current. Even if they did you would not be able to submit your I-485 until your PD became current. It is very hard to predict how fast PDs will move in the future.

There are no such restrictions for EB-2 at this time.
 
:confused: :confused: :confused:
Hello Guys,
I have some questions for whoever is willing to help me. I would greatly appreciate it.

I filled my ETA 750 in February 2004 in New York. Is a normal application, not RIR. As I understand from this forum my application should be transferred from SWA to the Backlog Centers before March 31 2005.

What shoud I do ?? Try to change it to PERM or wait for approval ? (I don't really understand yet all the details of PERM so forgive me if this is a stupid question).
As I understand these backlog centers are suppose to finish this in 2 years ?!? Is there any advantage to try to change it to PERM especially since is not RIR ? Will I have problems if is not RIR and I let it roll like that?

Also next year I'm due for my H1B 7th year extension but I don't have any proof from SWA that I filled the application. What should I do ? Now since they transfer the files who do we ask for a letter, the SWA or the Backlog Center ? Is there any restriction in asking for this proof (something like for example they only issue this 3 months before H1B expires). I did my ETA 750 myself so no lawyer is envolved. Who should ask for proof, my employer ?? How long do they need to send me something ??

Any help would be greatly appreciated.

I'm really, really lost here ....
:( :( :(
Thanks,
A.
 
JustWatching said:
Well, right now EB-3 priority dates after 1/1/02 cannot file for I-485 so you can still file for I-140. It is unclear if USCIS Service Center will process your I-140 until your PD becomes current. Even if they did you would not be able to submit your I-485 until your PD became current. It is very hard to predict how fast PDs will move in the future.

There are no such restrictions for EB-2 at this time.
Click to expand...

Justwatching,
My Labor application is filed with NY on Jan 30 2002. So hopefully by the time my applicaoin is cleared the PD most likely will be current.
So after the I-140 is filed there will no longer any distinction betweek EB2 and EB3 applicaions, right?

Sorry if I am asking a stupid question. All these years I thought my applicaion was under EB2 as I have a Masters. I found out from my attorney only yesterday that it was filed under EB3. I am still under disbelief.
 
LaborPains said:
Justwatching,
My Labor application is filed with NY on Jan 30 2002. So hopefully by the time my applicaoin is cleared the PD most likely will be current.
So after the I-140 is filed there will no longer any distinction betweek EB2 and EB3 applicaions, right?

Sorry if I am asking a stupid question. All these years I thought my applicaion was under EB2 as I have a Masters. I found out from my attorney only yesterday that it was filed under EB3. I am still under disbelief.
Click to expand...

You are probably right. By the time your LC clears it is very likely your PD will be current. No distinction between EB-2 and EB-3 at the I-485 level.
 
JustWatching said:
You are probably right. By the time your LC clears it is very likely your PD will be current. No distinction between EB-2 and EB-3 at the I-485 level.
Click to expand...


I think you are wrong. Its 485 stage where EB2-EB3 matters. USCIS assigned specific no. of green cards for each category. So current visa no. retrogression applies you. Correct me if I am wrong.
 
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