Philadelphia Backlog Elimination Center Tracking

[Xipe Totec]

*Ignore this posting if you are just looking for tracking info

Hey guys,
I was reading the immigration.com FAQ on EB3 retrogression (http://www.immigration.com/faq/prioretro.html) and I found the following question and its answer:
"
Q11 I am a licensed physical therapist and am currently working. I heard about the retrogression in the priority dates for people born in India. How is this going to affect me if I start my green card process now?
A11 Your priority date is the date we file the I-140. We will not be able to file I-485 until your priority date is current. See the Current Visa Bulletin: http://www.immigration.com/newsletter/vbarchive.html
"

I was always under the impression that the priority date for one's labor is important and many people were not going for PERM as they thought that they might lose their priority date which comes into play when you apply for 485. But as per the answer above, the priority date is the date one files the I140. Am I missing something here? Does it mean that if someone files through PERM and gets her LC approved today will have no disadvantage as compared to someone who filed in 2001 and gets her LC approved today since both of them will have the same priority date for filing I 140 (i.e. today)?

As I understand the kicker here is "therapist" -- they probably don't need to have LC at all -- hence the priority date is that of I-140.

 

[yours_sincerely]

Thanks

Thats makes sense...thanks . Classic case of "little knowledge is dangerous"

As I understand the kicker here is "therapist" -- they probably don't need to have LC at all -- hence the priority date is that of I-140.

 

[aprlc2002]

Hi,

*Ignore this posting if you are just looking for tracking info

Priority Date is the date of your labor application. This is correct. That doesnt mean that you cannot obtain I-140 with a priority date if the VISA numbers are retrogressed. Also with new law if your I-140 is cleared you can get 3 years extension on your H Status if you have completed 6 years on stay on That.

Now coming to the importance of Priority Date, everything month dept of Justice release VISA number and if your priority date is not current ( meaning if it doesnt fall on or before the date that DOJ mentions) your I-485 cannot be processed.

Assuming that you applied for I-485 when the VISA numbers are available and is not approved and all of a sudden, if the VISA number are retrogressed you will not have your I-485 processed meaning you cannot have your EAD.. Also, recently I was reading somewhere that you can switch between your EAD and H status if you are working for the same Employer..

Hope this answers your doubt

 

[tikal]

The H1->EAD is as far as I know a one-way switch.

Ok, let's stop all this off-topic discussions, and go back to emails like the foll:

[1] Which email ID do I need to send the status mail?
[2] Is the H1b7yr mail ID better than the status mail?
[3] Do they track our pings?
[4] I am in the LC queue. Should I be worried?
[5] I check my status every 17 minutes. My status is still "Duh". Should I be ecstatic?

All other emails will be deleted.

Also, recently I was reading somewhere that you can switch between your EAD and H status if you are working for the same Employer..

 

[yours_sincerely]

Thanks

Thanks Aprc,
Actually, my issue was a bit different. Since, the answer I quoted mentioned that the priority date was the I-140 filing date (and not the LC filing date as per my knowledge which I assumed as I missed the fact that the applicant was a medical practitioner and might not have to file an LC at all), I got confused as I saw so many of us trying to preserve the LC priority date so that when the visa numbers get available until our priority date we can take advantage of our LC priority date.

*Ignore this posting if you are just looking for tracking info

Priority Date is the date of your labor application. This is correct. That doesnt mean that you cannot obtain I-140 with a priority date if the VISA numbers are retrogressed. Also with new law if your I-140 is cleared you can get 3 years extension on your H Status if you have completed 6 years on stay on That.

Now coming to the importance of Priority Date, everything month dept of Justice release VISA number and if your priority date is not current ( meaning if it doesnt fall on or before the date that DOJ mentions) your I-485 cannot be processed.

Assuming that you applied for I-485 when the VISA numbers are available and is not approved and all of a sudden, if the VISA number are retrogressed you will not have your I-485 processed meaning you cannot have your EAD.. Also, recently I was reading somewhere that you can switch between your EAD and H status if you are working for the same Employer..

Hope this answers your doubt

 

[aprlc2002]

The H1->EAD is as far as I know a one-way switch.

Ok, let's stop all this off-topic discussions, and go back to emails like the foll:

[1] Which email ID do I need to send the status mail?
[2] Is the H1b7yr mail ID better than the status mail?
[3] Do they track our pings?
[4] I am in the LC queue. Should I be worried?
[5] I check my status every 17 minutes. My status is still "Duh". Should I be ecstatic?

All other emails will be deleted.

Some one sent this to me a while ago... I was just quoting this....

Chat User : Good evening. Will my H1B be invalid if I return from India using advance parole?

Attorney Murthy : As mentioned above, the general rule is that, if one is still working for the same employer, merely travel abroad and reentry to the U.S. on AP does not prevent such a person from applying through the employer, for the H1B extension/s within the U.S.


1.) info@phi.dflc.us

2.) I do not this it is anyway better than the other ssytem... also they wil be cheking your petition if you send it to 7 yr h-1 address and if it is not legitimate request then it is said to be abusing their system which they have been urging not to do since the beginning

3.) Yes they do

4.) Not really unless you annoyed them

5.) need not...

 

[pennwaiting]

Assuming that you applied for I-485 when the VISA numbers are available and is not approved and all of a sudden, if the VISA number are retrogressed you will not have your I-485 processed meaning you cannot have your EAD.. Also, recently I was reading somewhere that you can switch between your EAD and H status if you are working for the same Employer..

I doubt this is true. My understanding is as far as you have a pending I485, you can file for EAD even if the I485 cannot be processed due to unavailability of visa quota. And if you use EAD, your H1B status is over and you cannot get back. You can keep your H1B if you apply for EAD but you do not use it.

 

[USCISisMockery]

The H1->EAD is as far as I know a one-way switch.

Ok, let's stop all this off-topic discussions, and go back to emails like the foll:

[1] Which email ID do I need to send the status mail?
[2] Is the H1b7yr mail ID better than the status mail?
[3] Do they track our pings?
[4] I am in the LC queue. Should I be worried?
[5] I check my status every 17 minutes. My status is still "Duh". Should I be ecstatic?

All other emails will be deleted.

aprl2002, what should I mention in the status email ?
my name, employers name and month/year when labor was filed ?

 

[aprlc2002]

not sure.. but

I doubt this is true. My understanding is as far as you have a pending I485, you can file for EAD even if the I485 cannot be processed due to unavailability of visa quota. And if you use EAD, your H1B status is over and you cannot get back. You can keep your H1B if you apply for EAD but you do not use it.

Yeah I am not sure too but am trying to interpret the statement that someone sent me... IF it is wrong I apologize...

 

[MDwaiter24]

No more awareness????

aprl2002, what should I mention in the status email ?
my name, employers name and month/year when labor was filed ?

Man, I am dosappointed. We should continue to raise the hell, call
congresspeople, senators, Secretary of Labor, Secretary of Justice,
media, file lawsuits, chain ourselves to PBEC facility and threaten not to
leave without the LC in our hand and so on. Because if we fall asleep
now, we will be a third class citizens for more years to come. Anyway, just
kidding, but I do miss your awareness movement. Good luck with your LC.

 

[USCISisMockery]

Some one sent this to me a while ago... I was just quoting this....

Chat User : Good evening. Will my H1B be invalid if I return from India using advance parole?

Attorney Murthy : As mentioned above, the general rule is that, if one is still working for the same employer, merely travel abroad and reentry to the U.S. on AP does not prevent such a person from applying through the employer, for the H1B extension/s within the U.S.


1.) info@phi.dflc.us

2.) I do not this it is anyway better than the other ssytem... also they wil be cheking your petition if you send it to 7 yr h-1 address and if it is not legitimate request then it is said to be abusing their system which they have been urging not to do since the beginning

3.) Yes they do

4.) Not really unless you annoyed them

5.) need not...

Thanks, info@phi.dflc.us and status@phi.DFLC.US are for the same purpose ?
If I send email to these address its not considered "abuse" right ?
What should I mention in the email ?

Okay, I got some more info from FAQs
http://boards.immigrationportal.com/showthread.php?t=165626

 

[pennwaiting]

Some one sent this to me a while ago... I was just quoting this....

Chat User : Good evening. Will my H1B be invalid if I return from India using advance parole?

Attorney Murthy : As mentioned above, the general rule is that, if one is still working for the same employer, merely travel abroad and reentry to the U.S. on AP does not prevent such a person from applying through the employer, for the H1B extension/s within the U.S.

AP and EAD are two different things. AP is for entry and EAD for work.

 

[Sam23]

aprlc2002

*Ignore this posting if you are just looking for tracking info

Priority Date is the date of your labor application. This is correct. That doesnt mean that you cannot obtain I-140 with a priority date if the VISA numbers are retrogressed. Also with new law if your I-140 is cleared you can get 3 years extension on your H Status if you have completed 6 years on stay on That.

Hope this answers your doubt

If my I-140 is approved, do I qualify for three year extension, even if my labor is not pending for over 365 days and a I have completed 6 year stay on that?

Sam23

 

[USCISisMockery]

Man, I am dosappointed. We should continue to raise the hell, call
congresspeople, senators, Secretary of Labor, Secretary of Justice,
media, file lawsuits, chain ourselves to PBEC facility and threaten not to
leave without the LC in our hand and so on. Because if we fall asleep
now, we will be a third class citizens for more years to come. Anyway, just
kidding, but I do miss your awareness movement. Good luck with your LC.

I see better progress from PBEC and so I think its not sane to continue gripping. But let me assure you that I will restart awareness effort, if nothing is done till sept-october end. Thanks for the wishes

 

[MDwaiter24]

Awareness should continue - increase the quota for EB

I see better progress from PBEC and so I think its not sane to continue gripping. But let me assure you that I will restart awareness effort, if nothing is done till sept-october end. Thanks for the wishes

On a serious note due to the retrogression thousands of folks from India,
China and Philipinies will be stuck for 2-3 years in the process after they receive their LC. It would be a good idea to start raising awareness and
urge the congress to increase the quota for EB categories. And the good
time to act is NOW. So you can do it while there is a cease fire towards
BEC.

 

[GCTitan]

aprlc2002...please respond to my private message.

aprlc2002...please respond to my private message.

Thanks
GCTitan

 

[GC_from_NJ]

Great... atleast somebody realized that we were off topic....

The H1->EAD is as far as I know a one-way switch.

Ok, let's stop all this off-topic discussions, and go back to emails like the foll:

[1] Which email ID do I need to send the status mail?
[2] Is the H1b7yr mail ID better than the status mail?
[3] Do they track our pings?
[4] I am in the LC queue. Should I be worried?
[5] I check my status every 17 minutes. My status is still "Duh". Should I be ecstatic?

All other emails will be deleted.

 

[vine95050]

Talking about PBEC...

Jaiatl, thanks for compiling the numbers. Regarding the current processing month at PBEC, I think they are processing March-April 2002 RIR cases right now. We have around 12 Certified or Final Review cases (just in this forum) from March-April 02, in the last few days only.

I think for 'straightforward regional cases' the processing would continue forward - March 02 onwards. By 'straightforward cases', I mean cases that are - not remanded to state, no RFE, no NOF, no recruitment issues, no education eval issues, no wage issue etc (tough, but there are many 'straightforward cases' with BECs). Similar things were happening at DBEC until recently, per Icarus' posts in the Dallas forum.

This is just my assessment based on discussions with my lawyer's office and posts on this site.

I do not think backlog clearance will be that fast. Currently (most likely) approval queue at Philadelphia Backlog for RIR is at Nov-01 and TR is at Jun-03.
...
...
...

 

[LC_2004]

Tax Returns for I-485

aprlc2002

I got W2 from my current Employer for 2004. He is the one who has sponser my Green Card I wil be getting W2 for 2005 as well as 2006. But I don't have a W2 from my Previous Employer instead I have 1099 Misc will that be a problem for me when I will file I-485 sometime next year?I will get W2 for 2006 in January 2007.

2003 – W2 No 1099 Misc says self employment Previous Employer
2004 – W2 Yes Current Employer
2005 – W2 Yes Current Employer
2006 – W2 Yes File for I 485 in Year 2006? Current Employer

Thanks

 

[VAhoper]

I doubt this is true. My understanding is as far as you have a pending I485, you can file for EAD even if the I485 cannot be processed due to unavailability of visa quota. And if you use EAD, your H1B status is over and you cannot get back. You can keep your H1B if you apply for EAD but you do not use it.

I have the same impression as Pennwaiting. Once 485 is filed, even if the visa number later retrogresses to a date earlier than your PD, you should still be able to apply for EAD and AP. Once you start using EAD, you lose your H1B.

Can someone verify this is the right understanding?