Philadelphia Backlog Elimination Center Tracking

[gc_ka_wait]

can't leave the country while LC is pending ?

same way medical people (Physical therapist, Nurses and Pharmasists) will be f***ed after 5 years.

Its not that we are stupid to be manipulated but we are sure divided and DOL, employers, white house knows that. Our hands are tied so tightly that we can't even ask for support. We can't change jobs, spouse can't work, H4 can't get SSN, have to renew f***king license every year, can't organize, can't raise our voice, have to pay $1000 premium for extension, can't leave the country, can't get visa stamped here, can't even talk about this situation with employer or lawyer, can't demonstrate (fear of geting arrested).
I am fed up of this nonsense: backlog, DOL, BEC, retrogression, no visas.
There is just no end to the tunnel. Bad news keeps on coming every month and we keep on discussing it without taking any rigid action.

Do you think slaves has these many restrictions ?

"can't leave the country ?????" ...pls clarify that ? while my LC is pending...,i can not leave the country ???? is it correct..it sounds not correct to me

 

[MDwatch]

Well after going through the H1 mess and on top of the problems like being under paid and over worked, being taken advantage of status (H1B), wife not able to work etc. I have finally decided to quit my present job and get a job which atleast pays what I want. Scre*** this Green card atleast the remaining time I have on H1, I would rather have fun and enjoy.

That's right we are under paid, over worked but the biggest issue is still our spouse not being able to work. It creates a pretty big strain on our relationship.

If they only would let them work, like they let spouse of E visa holder, it would be fine, we would be able to stand waiting that long ...

 

[MDwatch]

Just a thought. If Visa number are not available for EB3 category, what about going for consular processing? Is anybody looking into that?

I doubt consular processing would give you any advantages since there are no visa numbers available ... Anyone correct me if I am wrong ....

 

[MDwatch]

"can't leave the country ?????" ...pls clarify that ? while my LC is pending...,i can not leave the country ???? is it correct..it sounds not correct to me

As long as you are on H1 visa you can come and go as you please. Then once you file your I-485 you will be able to get Advance Parole and still get in and out ...

 

[msp1976]

Consular processing also uses numbers from the same number pool...Consular processing also stops with this July Visa bulletin...

 

[werner]

any PERM approval?

hi guys,
have any of you ear anything about PERM approvals?
it is true that responses are issued between 45- 60 days?
your comments and information will be appreciated
best regards
werner

pd: by the way, no 45 - days letter received for me , PD march 2003!!

 

[cherrygums]

Is that for a people from CHINA, INDIA only ??? or it for everyone from all the countries around the world ????

D. EMPLOYMENT VISA AVAILABILITY FOR JULY AND THE REMAINDER OF FY-2005

The Employment Third and Third Other Worker categories have reached their annual limits and no further FY-2005 allocations are possible for the period July through September. With the start of the new fiscal year in October, numbers will once again become available in these categories. It is not possible to make any estimates regarding potential cut-off dates at this time



Does this mean that if ones LC gets approved in EB3 category and his/her priority date is 01 JUN 2002 of before can file I-140 and I-485 before 1st July 2005?

 

[luckylucky]

Is that for a people from CHINA, INDIA only ??? or it for everyone from all the countries around the world ????

I think so. I am in EB2. BUt I think you are EB3, and your PD is earlier than Jun, 03(I just estimate), you don't need to worry too much. I guess when you get you LC, it may be 1 year from now, and may be your PD will be current then because they move forward every month.

 

[cherrygums]

THANK YOU....

I think so. I am in EB2. BUt I think you are EB3, and your PD is earlier than Jun, 03(I just estimate), you don't need to worry too much. I guess when you get you LC, it may be 1 year from now, and may be your PD will be current then because they move forward every month.

 

[msp1976]

THANK YOU....

THANK YOU....
Quote:
Originally Posted by luckylucky
I think so. I am in EB2. BUt I think you are EB3, and your PD is earlier than Jun, 03(I just estimate), you don't need to worry too much. I guess when you get you LC, it may be 1 year from now, and may be your PD will be current then because they move forward every month.
__________________

Not so fast guys....There might be a substantial number of EB3 petitions in the 245(i) load...That just might causes the EB3 PD progress a bit shaky...In fact I would expect EB3 to retrogress.... I would be VERY HAPPY if I am wrong and luckylucky is right.... Keep you spirit up...But donot take off yet....

I am EB3 July 2004

 

[lvka]

Labor certificate substitute

Hi,

There is a company who had an approved LC but the original employee didn't use it for I485, if there are willing to help, can I use it as substitute?

The problem is that person already applied I140 using the LC, but he will not go ahead for I485 because his spouse get the GC now. Can I still use the LC?

Thanks

 

[fogman1]

lvka,

For such important question with special situation, you better ask a lawyer.

I guess any non-professional opinion on this forum won't satisfy you.

Hi,

There is a company who had an approved LC but the original employee didn't use it for I485, if there are willing to help, can I use it as substitute?

The problem is that person already applied I140 using the LC, but he will not go ahead for I485 because his spouse get the GC now. Can I still use the LC?

Thanks

 

[krik]

As long as you are on H1 visa you can come and go as you please. Then once you file your I-485 you will be able to get Advance Parole and still get in and out ...

need some clarification.....

From the posts out here, am under the impression that with the visa numbers being unavailable, we would not be able to even "file" for I-485. So that means we cannot even file for EAD or AP, is that right?

Thanks everyone.....

 

[NJ Oct02-PD]

how many 45 days letters?

Quick question: My attorney told me that they have received the 45 days letter. They have checked the box saying, “continue” (continue the RIR application instead of withdrawing), and then faxed the answer back right away. That’s it for now? Shouldn’t my employer get the same letter as well? I mean, there should be two identical letters sending to both my attorney and employer right? Can somebody who has got the 45 days letter share your experience and I would really appreciate.

 

[msp1976]

need some clarification.....

From the posts out here, am under the impression that with the visa numbers being unavailable, we would not be able to even "file" for I-485. So that means we cannot even file for EAD or AP, is that right?

Thanks everyone.....

You are correct..

No Visa number ....No I-485
No I-485 ... No EAD/AP

 

[forumuser]

Just a thought. If Visa number are not available for EB3 category, what about going for consular processing? Is anybody looking into that?

The consular processing is also subjected to visa number limit. Your case file is sent to the consulate only when a visa number can be allocated for you , that means your PD is current.

 

[eefrog]

No Visa Number --> No I-485 --> No EAD, No AP

Yes, thats correct
No Visa Number --> No I-485 --> No EAD, No AP

What I am interested in is the protability with I-140? I remeber seeing a memo from DOL on dealing with the issues of approving/rejecting I-140 when the person has moved to another job.
Can anyone shed any light on whether there is portability with approved I-140 or not.
- In simple words, can I change employers if my I-140 is approved and visa numbers are still unavailable?
- If yes, how can I extend my H1 under that condition?
- Is H1 extendable based on approved I-140 and visa number unavailability?

Please provide your comments, if any.
frog

 

[krik]

I am pretty sure that's it for now. Basic requirement is that someone (either the employer or the lawyer) gets back to them with a response to the 45 day letter.

In my case, the lawyer received the letter who forwarded it to the employer (i do not think the employer received a letter by themselves). Employer then checked the box "Continue" and faxed it over. When i spoke to the lawyer, she assured me it's fine. They are not bothered about who replied. So as long as someone replied on a positive note, you should be fine and all set to wait..wait...and wait.....

But hey :-} i guess we all are used to waiting by now !!!!

Quick question: My attorney told me that they have received the 45 days letter. They have checked the box saying, “continue” (continue the RIR application instead of withdrawing), and then faxed the answer back right away. That’s it for now? Shouldn’t my employer get the same letter as well? I mean, there should be two identical letters sending to both my attorney and employer right? Can somebody who has got the 45 days letter share your experience and I would really appreciate.

 

[krik]

I remember reading on murthy.com that if you have an approved I-140 and unable to file for I-485, you are eligible to get a 3-yr extension on your H1.

http://www.murthy.com/news/n_yath1b.html for more info....

Yes, thats correct
No Visa Number --> No I-485 --> No EAD, No AP

What I am interested in is the protability with I-140? I remeber seeing a memo from DOL on dealing with the issues of approving/rejecting I-140 when the person has moved to another job.
Can anyone shed any light on whether there is portability with approved I-140 or not.
- In simple words, can I change employers if my I-140 is approved and visa numbers are still unavailable?
- If yes, how can I extend my H1 under that condition?
- Is H1 extendable based on approved I-140 and visa number unavailability?

Please provide your comments, if any.
frog

 

[VAhoper]

With the visa quotas as they are it would be 3/4 years before I can get to 485...may be even more...As far as job is concerned my horizon is 3 months at most.. So I keep telling myself...calm down son.....

Given your situation, if I were you, I would change employer and try to file a new PERM under EB2 if possible.