Philadelphia Backlog Elimination Center Tracking

Hi spidey,
i have a question about this issue. when does the visa number get consumed? upon filing I-485 or upon approval? there use to be one year gap between the two. now maybe faster. In any case, using your example: "A" files I485 on Nov 1, 2005 but it will take, say 6 month, for INS to even look at A's application. So if "YOU" manage to get LC approved in Dec 1, 2005, then you can still file your I485, right?
thanks,

spidey said:
Technically it can be a little tricky.
Let me illustrate with example.

Case 1:
Lets say "A" has PD = April 10, 2002
Lets say YOU have PD = Feb 10, 2002

Lets say "A" has LC from DBPC
Lets say YOU are stuck in PBPC

Lets say both of you are from China and both of you are EB3. Then on Nov 1 if above assumptions hold, and dates become current upto Apr 30, 2002 -- "A" will consume the visa number you could have taken.

Case 2
Lets keep all other assumptions same BUT assume that both of you have LC by the time Apr 30, 2002 becomes a current date. Then you will get visa number before "A".

Short answer is YESssss if you are stuck in PBPC and someone from Dallas BPC moves on ahead, then irrespective of the fact they may have later PD than you, as above scenario suggests they would consume a visa number that would have been allotted to you.

Oh.. I am just one of you and this is only my interpretation.
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LC substitution

Thank you for the post. The info clarified some of my questions. The best option to get out of this backlog center/ visa retrogression quagmire is to find an employer with approved labor and file I-140 ASAP.

srkotturu said:
Pl. read the posting at http://www.immigration-law.com/Archive XI.html under 06/17/2005: Visa Number Unavailability or Retrogression and Helpful Information for Survival

Hope this will help.

SRK
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srkotturu said:
Pl. read the posting at http://www.immigration-law.com/Archive XI.html under 06/17/2005: Visa Number Unavailability or Retrogression and Helpful Information for Survival

Hope this will help.

SRK
Click to expand...

thanks srkotturu for the link. the secion under 6/17 says that:

"For those who have already submitted EB-485 applications, it means that the USCIS will not be able to conclude his/her application during the period of visa unavailability and the USCIS will just store the application and wait for the visa number availability for him or her until it becomes available."

so i guess even those that have been lucky to get lc lately from bec and can file before july 1st will be stuck anyway since their application will simply be stored? so there is no use rushing to apply for 140/485 if one gets lc before july 1st since nothing will be processed?

am reading this right??? just want to make sure i am not off base here....
 
foret1 said:
thanks srkotturu for the link. the secion under 6/17 says that:

"For those who have already submitted EB-485 applications, it means that the USCIS will not be able to conclude his/her application during the period of visa unavailability and the USCIS will just store the application and wait for the visa number availability for him or her until it becomes available."

so i guess even those that have been lucky to get lc lately from bec and can file before july 1st will be stuck anyway since their application will simply be stored? so there is no use rushing to apply for 140/485 if one gets lc before july 1st since nothing will be processed?

am reading this right??? just want to make sure i am not off base here....
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You are eligible for EAD/AP (after three months of I485 filing) if you can file for I485 before July 1st. However, after July 1st, you cannot apply for 485 -> cannot get EAD or AP.
 
liaoguoxf said:
Hi spidey,
i have a question about this issue. when does the visa number get consumed? upon filing I-485 or upon approval? there use to be one year gap between the two. now maybe faster. In any case, using your example: "A" files I485 on Nov 1, 2005 but it will take, say 6 month, for INS to even look at A's application. So if "YOU" manage to get LC approved in Dec 1, 2005, then you can still file your I485, right?
thanks,
Click to expand...


I wont say I know the answer to that question BUT I will make an educated guess. Since USCIS wont let us file the I-485 / instead of adjudicate the I-485 upon visa number unavailability, it is my contention (based on amateur powers of deduction, not an expert opinion) that the visa number is consumed as soon as the I-485 application is initiated.

Of course, the exact logistics of consumption may vary, but for our purposes it's reasonable to say this...
 
spidey said:
I wont say I know the answer to that question BUT I will make an educated guess. Since USCIS wont let us file the I-485 / instead of adjudicate the I-485 upon visa number unavailability, it is my contention (based on amateur powers of deduction, not an expert opinion) that the visa number is consumed as soon as the I-485 application is initiated.

Of course, the exact logistics of consumption may vary, but for our purposes it's reasonable to say this...
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Good guess. But one thing is not clear that how come USCIS come up with a date - July 1st?
How can they predict that exactly by that date all the visa numbers will be consumed?
Isn't that incoming flow of I-485 applications decide the consumption and subseqently an end date?
 
gc4long said:
Good guess. But one thing is not clear that how come USCIS come up with a date - July 1st?
How can they predict that exactly by that date all the visa numbers will be consumed?
Isn't that incoming flow of I-485 applications decide the consumption and subseqently an end date?
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Its not an exact guess.. State Department publishes Visa Buletin every month Which is effective from 1st of the Month.. They see current tread of applications & predict which month they will run out of visa numbers. To reduce number of people applying I-485/CP (when too many are applying & probability of Visa Numbers getting over is high) they set a PD cutoff date that is what called Retrogression.

Also, Visa number is consumed Not when you apply for I-485 ( otherwise everyone who applied I-485 in EB-3 before retrogression need not wait for PD to be current) But Its assigned to I-485/CP case when the case is ready to be approved.
 
what is happening in PBLC

Gurus:

I am not seeing single post of approval from last two weeks in PBLC, I don't know what is happening???

Lucky buddies enjoy in DBLC, good luck !!!!!!

wait, wait, wait is the only MANTRA for PBLC!!!!!!
 
Odd man out here..

Hello all,

Anyone with CA cases and the case is in Philly BEC instead to Dallas BEC.

I am the un-fortunate one :mad:

Details

CA-RIR
PD: 08/01/2002
RD: 06/23/2003
45 day letter: End of March '05

No new after that.
 
rania said:
Hi Guys,

I have been a faithful reader/contributor to this forum for sometime now. I waited since Feb 2002 for the LC to be certified. Unfortunately I was laid off a couple of days ago, and I lost everything associated with the immigration process. I now have 1 1/2 years left on my H1B. So I desperately need to get a new employer who will transfer over the H1B before the old employer terminates it.

Anyways, best of luck to you all. May all of you get your LCs approved quickly.

Best wishes,

Rania
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Hi Rania, Sorry to hear that. We all are with you. I know you have lot of thing going right now so coming to Immigration portal is the last thing. But if you can post your skill set here some of us can help you out. People please help Rania in whatever way you can.
 
mnhrdc

I'm more confused now. Are you trying to make a statement that is different from what MDwatch said in his last post?

MDwatch said:
Quote:
Originally Posted by MDwatch
I have done more research and I believe you are right. The clock start ticking once you are in H status ... wether it be H4 or H1B. So let me retract my previous comment ... your wife can't get sponsorship until she goes out of the country for one year ....
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mnhrdc said:
Just to restate this statement,
spouse will get H1 which is not linked to H4
When you apply for status change you may need a new I-94
When you go back to your country and apply for h1 visa then you may be in trouble unless you are stayed away from the country for one year.
Click to expand...
 
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foret1 said:
thanks srkotturu for the link. the secion under 6/17 says that:

"For those who have already submitted EB-485 applications, it means that the USCIS will not be able to conclude his/her application during the period of visa unavailability and the USCIS will just store the application and wait for the visa number availability for him or her until it becomes available."

so i guess even those that have been lucky to get lc lately from bec and can file before july 1st will be stuck anyway since their application will simply be stored? so there is no use rushing to apply for 140/485 if one gets lc before july 1st since nothing will be processed?

am reading this right??? just want to make sure i am not off base here....
Click to expand...

What does NOF mean?
 
MannyD, I think he is saying the same in different words ...

The bottom line is that you can't stay in the US more than 6 years in H status (at this point it doesn't matter if it is H1 or H4) unless you have an LC application pending.

After 6 years, the only way you can apply for another H visa is to go out of the USA for one year and then apply.

If you have spent some considerable time out of the country during that 6 year period you can apply to recapture that time. But I am no expert on that question .... :D

MannyD said:
I'm more confused now. Are you trying to make a statement that is different from what MDwatch said in his last post?
Click to expand...
 
NOF is a notice of findings.

I quote from "Memorandum Sent to Labor Department Officers Regarding Labor Certification Backlog"

"Applications that do not meet the completeness and/or compliance regulations may be issued a Notice of Finding (NOF). "

"The DOL may require additional information, interviews or advertisement if it feels the employer has not met all conditions for certification. It may issue a Notice of Findings (NOF) indicating the intent to deny the application and identifying all reasons for the intended denial. The NOF will also offer the employer an opportunity to rebut the NOF within 35 days. The letter will also provide guidance to the employer regarding their right to appeal the final decision. "

Hope it helps

vc594088 said:
What does NOF mean?
Click to expand...
:)
 
MDwatch said:
MannyD, I think he is saying the same in different words ...

The bottom line is that you can't stay in the US more than 6 years in H status (at this point it doesn't matter if it is H1 or H4) unless you have an LC application pending.

After 6 years, the only way you can apply for another H visa is to go out of the USA for one year and then apply.

If you have spent some considerable time out of the country during that 6 year period you can apply to recapture that time. But I am no expert on that question .... :D
Click to expand...

A correction MDwatch......... A person X can stay in the US on an H4 visa IFF the spouse has a valid H1 beyond 6 yrs. So in a way, it is dependant on the type of H-visa (H1 or H4).

X can stay beyond 6 yrs on H4 if spouse has a valid H1.

But, X can stay beyone 6 yrs on an H1 IF AND ONLY IF the labor app for X individually is in process for over a year...
 
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Rania

USCISisMockery said:
Hi Rania, Sorry to hear that. We all are with you. I know you have lot of thing going right now so coming to Immigration portal is the last thing. But if you can post your skill set here some of us can help you out. People please help Rania in whatever way you can.
Click to expand...

Friends..

I have created a new google group for helping out eachother in terms of sharing info about JOB OPENINGS as well as Resume Sharing. I don't want it to be a commercial job site but something which may help out our friends like Rania in the time of need.

http://groups-beta.google.com/group/HiTechJobs

thanks
 
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