Non RIR Discussion Only !

[WhatALabor]

WhatALabor,

Did you get your labor approved?.
What does your screenshot show for status?.

Hi badluckinusa,

No , I did not receive anything so far, look like I am stuck in April 2001 bubble. I got my screen shot back in july for H1 7th yr ext and it showed RIR (For some reason , I do not know; instead of TR). The latest approval shangua got his/her 45 day letter back in december 2004. I got it on Feb 2005, So may be bec is still working on it. I am stll waiting. Sometimes I feel like sending an e-mail for screenshot but becasue of retrogression , I am not in a hurry any way. By the way, getting a birth certificate/non avilability cert. from my home county is next to impossible so I am focusing on that right now , otherwise even if the visa number becomes avilable and my LC gets approved, those lousy, lazy air-heads back home would be still sitting there asking for all kinds of evidences from pre-historic ages.... What a tragedy.

Any way let us keep this thread alive.....
Regards

 

[life_w/o_gc]

Infact it is almost impossible to derive a pattern of 45 day letters at this point, because , inorder to generate 45 day letter the bec has to complate the data entry , right now I do not think they completed the data entry, although they have finished partial data entry 45 day letter would not be generated until it is complete; which right now they are expecting to finish by february 06. The cases send to bec's were not in order because they received cases from various states containing various PD's.

So I would suggest that if you go to dol website and find out when your case was shipped to bec, then when you could go to the tracker maintained by JustWatching at the priority date tracker thread; then you will be able to predict approximate date. i think that is the only possible solution that some what logical and fact based.

Hi WhatALabor,

Quick questions. How can you find on dol's web site that actual date when your case moved to BEC?
And can we still ask for Screen shot ? I read on another forum that BEC has stopped sending screenshots , Only your lawer can request for screen shot.
Please advise.
Thanks for your help so far.

 

[WhatALabor]

Hi WhatALabor,

Quick questions. How can you find on dol's web site that actual date when your case moved to BEC?
And can we still ask for Screen shot ? I read on another forum that BEC has stopped sending screenshots , Only your lawer can request for screen shot.
Please advise.
Thanks for your help so far.

Hi life_w/o_gc

Please go to this link it is actually the shipping schedule of SWA cases
http://www.ows.doleta.gov/foreign/times.asp

also you could request a screenshot, but only thing is that your request should sound legible, that is what I figured out from the foum. You should have a legitmate e-mail address (like anybody@yourcompany.com) ( if it is your lawer or supervisor from your company there is a higher chance of getting a reply from the bec)and the e-mail main body also should provide the necessary details which could be found on the above website.

Hope this answers your question
Regards

 

[hiannie]

What is status "TR" means?. Is it ready for process?. How long they take if a case is under this status?.

According to the screenshot, TR means they don't need more information from employer...as far as how long to get there, I'd say it depends...took me more than four long years, God only knows how much longer it will stay there...lol

 

[WhatALabor]

According to the screenshot, TR means they don't need more information from employer...as far as how long to get there, I'd say it depends...took me more than four long years, God only knows how much longer it will stay there...lol

Hi all,

Today my employer informed me that they received information from DBEC that my case is awaiting "further review by a BEC Analyst " . And they would not give any other details, I do not know how my employer got this info also.

Regards

 

[shagua]

thx hiannie

Congrats shagua, my pd is right after you and whatalabor, just got a screenshot showed "TR", hopefully it will come soon...

hi hiannie:

sorry i was out of town so i didn't see your message in time.

this month dallas BEC is looking over cases with 2001 PD. i am sure your labor cert will come. remember October should be the lucky month.

-shagua

 

[shagua]

Hi all,

Today my employer informed me that they received information from DBEC that my case is awaiting "further review by a BEC Analyst " . And they would not give any other details, I do not know how my employer got this info also.

Regards

i thought they don't give out detail info regarding the case. the most case status we can get is from screen shot. maybe your employer got the response from an automated response. if your case says "final review" then you are in good shape. wish u all the luck WhatALabor.

-shagua

 

[WhatALabor]

It was specific to my case not AM

i thought they don't give out detail info regarding the case. the most case status we can get is from screen shot. maybe your employer got the response from an automated response. if your case says "final review" then you are in good shape. wish u all the luck WhatALabor.

-shagua

well believe it or not.... The employer told that they(BEC) specified my case details while responding to the query and it was not the automated message. My employer would not give me any details how they enquired about it. There could be a chance that the BECs are working on case status info system for employers and lawers now . I am just speculating here. I hope and pray that, the "Further Review" be the "Final Review" to get out of this time wrap......

regards

 

[life_w/o_gc]

Hi life_w/o_gc

Please go to this link it is actually the shipping schedule of SWA cases
http://www.ows.doleta.gov/foreign/times.asp

also you could request a screenshot, but only thing is that your request should sound legible, that is what I figured out from the foum. You should have a legitmate e-mail address (like anybody@yourcompany.com) ( if it is your lawer or supervisor from your company there is a higher chance of getting a reply from the bec)and the e-mail main body also should provide the necessary details which could be found on the above website.

Hope this answers your question
Regards

Hi WhatALabor,

Thanks a lot. It did help. Last week I talked to my lawyer about the screen shot, she asked me what is screen shot? so no help from her side.
I don't know how long I have to wait.

PD april 2002
CA/EB3/NON-RIR

 

[WhatALabor]

Hi WhatALabor,

Thanks a lot. It did help. Last week I talked to my lawyer about the screen shot, she asked me what is screen shot? so no help from her side.
I don't know how long I have to wait.

PD april 2002
CA/EB3/NON-RIR

Hi life_w/o_gc

You are welcome... That was really interesting that your lawer did not know about the screen shot. My lawer is not much better but I call and pester them all the time, because we are the ones who are in need and we are paying them for that. Getting a licence to practice law is all they need..., it is so unfortunate that the customer has to do all kind of reasearch which makes their service to an absolute ZERO... any way , I think that yours will not be much longer (Compared to our waiting times with PD's 2000 & Early 2001's). Once they are done with April 2001, it would be resonably fast. I heard that during April 2001 Alone they(EDD) received more than 25000 cases in about a couple of weeks (Including Non-RIR & RIR). Also in the forum I saw that some of the SWA cases are now getting some notifications. Just Hang in there!!.

Regards

 

[Gogol75]

Finally got the 45-days letter

After almost 4 years of filing, the attorney received and immediately replied to the 45-days letter.

I was not even tracking my case anymore and had lost all hope. This gives me some hope but even now it is a long journey ahead. My attorney cautioned me not to get too optimistic and the BEC is still processing April 2001 cases. But my hope is that once April 2001 is out of the way, thhings should move faster.

Wat_A_Labor: I appreciate all the good work your are doing on this forum? Now that my 45-day letter is out of the way, what's your educated guess in my case from here (No recruiting process has happened in my case).

 

[WhatALabor]

Info on TR Queue

After almost 4 years of filing, the attorney received and immediately replied to the 45-days letter.

I was not even tracking my case anymore and had lost all hope. This gives me some hope but even now it is a long journey ahead. My attorney cautioned me not to get too optimistic and the BEC is still processing April 2001 cases. But my hope is that once April 2001 is out of the way, thhings should move faster.

Wat_A_Labor: I appreciate all the good work your are doing on this forum? Now that my 45-day letter is out of the way, what's your educated guess in my case from here (No recruiting process has happened in my case).

Hi Gogol75,

According to the latest analysis(info from the forum + outside sources) most of the 2001 April 25, and some of April 26th cases are on the finalreview/Certification stage(please keep in mind that heavy filing occured between April 25th and April 30th). Getting 45 Day letter is a very good sign, that means they are catching up with the data-entry, Once the aproval of April 2001 cases and data entry completes then there will be more staff available for the SWA cases. So these are the two factors that is delaying the process, since your PD is pretty old, according to my calculations your case should reach the final decision stage, latest by Apr-May 2006. If they did not ask any more info with 45 day letter then you are good to go, yours should be in the queue for the recruitment process. Best of luck to you.

regards

 

[eternal-lc]

Hi Gogol75 and WhatALabor,

Were your cases RIR and Remanded anytime.

CA PD: Dec 2001
RIR - Remanded, No 45 day letter

 

[Gogol75]

Were your cases RIR and Remanded anytime.
CA PD: Dec 2001
RIR - Remanded, No 45 day letter

Eternal-lc: No, my case was not remanded. It was initially filed as TR.

 

[Gogol75]

Hi Gogol75,

According to the latest analysis....according to my calculations your case should reach the final decision stage, latest by Apr-May 2006.
regards

Thanks WhatALabor. I hope your calculations are right, and I also hope that you get your labor approved any day now.

Another related question: I got my I-140 approved thru a previous company and the prioirty date on that case was June 2000. Now when my current labor gets approved, can I use my previous I-140's priority date at the time of 485 filing?

Thanks.

 

[WhatALabor]

Thanks WhatALabor. I hope your calculations are right, and I also hope that you get your labor approved any day now.

Another related question: I got my I-140 approved thru a previous company and the prioirty date on that case was June 2000. Now when my current labor gets approved, can I use my previous I-140's priority date at the time of 485 filing?

Thanks.

Hi Gogol75,

To answer that question it actaully need more information on your previous LC and new job. It is actually a complex scenario. Please read the following post, it may be of help.


if your I-140 is still pending, then the application
will not remain valid if you change employers. The I-140 must be
approved and your I-485 must be unadjudicated for at least 180 days
before your I-140 would remain valid if you change employment.

"The purpose of this memorandum is to provide field offices with
guidance on processing Form I-485, Application to Register Permanent
Residence or Adjust Status, when the beneficiary of an approved Form
I-140, Petition for Immigrant Worker, is eligible to change employers
under §106(c) of AC21."
"If the Form I-140 (“immigrant petition”) has been approved and the
Form I-485 (“adjustment application”) has been filed and remained
unadjudicated for 180 days or more (as measured from the Form I-485
receipt date), the approved Form I-140 will remain valid even if the
alien changes jobs or employers as long as the new offer of employment
is in the same or similar occupation.1 If the Form I-485 has been
pending for less than 180 days, then the approved Form I-140 shall not
remain valid with respect to a new offer of employment."
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

New Interpretation On Job Flexibility During Adjustment Of Status
by Cyrus D. Mehta
"Section 106(c) of the American Competitiveness in the 21st Century
Act (AC21) introduced a very novel concept. It gave some degree of
mobility to the noncitizen employee who was being sponsored for
permanent residence by a US employer when an adjustment of status
application (Form I-485) took 180 days or more to process. When an
adjustment application is pending for more than 180 days, Section
106(c) allows such a noncitizen employee to either change jobs within
the same sponsoring entity or to move to a new employer who offers a
same or similar job."
"...Section 106(c) now keeps intact the validity of this labor
certification if the noncitizen changes jobs as long as the "new job
is in the same or similar occupational classification as the job for
which the petition is filed" and Form I-485 is pending for 180 days or
more."
http://www.ilw.com/lawyers/articles/2003,0905-mehta.shtm

regards

 

[Gogol75]

Thanks for the response WhatALabor:

My intention is to use only the PD from my previous I-140.

When I was with my previous employer, Labor was approved and I-140 was approved (PD: April 2000). However I did not file I-485 and change my employer.

Now this is my thought:
1. I apply for Labor using PERM with my current employer.
2. After PERM approval, I apply for I-140 (I believe I can't use the previous I-140).
3. After I-140 approval, can I not use the PD from my previous I-140 at the time of 485 filing.

Thanks

 

[Gogol75]

I just spoke to my attorney and he said that I can use the PD from my previous I-140 approval. That PD is June 2000 (and not April 2000 like I mentioned in my previous post).

Here's what I might do:

1. File a new PERM application.
2. Continue with the currently pending labor (EB3, TR, California, PD: December 2001).

3. Whichever approval comes first (out of 1 and 2 above), I can then use my June 2000 PD based on previous I-140 approval.

The attorney is hopeful that by the time my labor is approved, my June 2000 PD would become current.

I'm hopeful again.

 

[WhatALabor]

more april 25th Aproval

I just spoke to my attorney and he said that I can use the PD from my previous I-140 approval. That PD is June 2000 (and not April 2000 like I mentioned in my previous post).

Here's what I might do:

1. File a new PERM application.
2. Continue with the currently pending labor (EB3, TR, California, PD: December 2001).

3. Whichever approval comes first (out of 1 and 2 above), I can then use my June 2000 PD based on previous I-140 approval.

The attorney is hopeful that by the time my labor is approved, my June 2000 PD would become current.

I'm hopeful again.

Hi Gogol75

Well it is good that you could use the older PD.

While I am Still waiting to hear somethig from trhe BEC, My lawer got another April 25th approval Last week. That confirms that DBEC is still on April 25th

Please keep the thread alive

Regards

 

[MI_NonRIR]

Need advise from Gurus,

Gurus,

I'm planning to switch my job through a new H1B from the new employer and then apply through PERM.

However, I have already used up my 7 years and this is my 8th extension running.

My case status:

Non RIR, MI
PD is May, 2002 (non RIR)
Case Number DBEC 05171-7xxxx
No 45-day letter as of yet

My questions are:

1. Can I apply for an H1B?
2. Can I use the same PD from the old application?
3. Am I gaining anything out of this switch?

Please advise.

Thanks.