Philadelphia Backlog Elimination Center Tracking

smallamp1 said:
My new employer is willing to file for my perm ASAP.. but they are not sure if they can extend my H1B next year just based on 140 approval.. They think they also need to fulfil the condition that my labor should be applied 1 year before along with I140 approval.. so they want to see some real immigration lawyer say that that is not the case... so even though my company wants to take me, they say they cannot.. :-(
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--If your I-140 is approved, you can get 3 year H1b extension provided visa numbers for your country are retrogressed. In this scenario, there is no mention of labor being 1-year old.Explore that option further.You may find a positive option.
 
anilt75 said:
--In PRINCIPLE, job requirement + credentials validate EB category. However, it is only allowed to be SPECIFICALLY MENTIONED at I-140 level.
Whether credentials match upto the category specified in the I-140 application is DETERMINED by adjudicator at I-140 level only.
Someone was assuming that recent labor approvals from BEC are EB2 cases mostly and not for EB3. Implying that priority is given to EB2. I made a statement that it need not be necessarily true. There is no way they can look at an application and say this is EB2 or EB3 unless they go through the details of what is required for the job and what is being presented in the case. With a huge mess of applications in the queue, I dont think it sounds realistic for them to sort them out in the priority order of EB2 or EB3.

Again, EB2 or EB3 is NOT designated at DOL level. It is done at I-140 level. Labor requirements merely pave the way to EB category in further processing but do not get categorized at DOL.
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In PRINCIPLE, job requirement + credentials validate EB category. However, it is only allowed to be SPECIFICALLY MENTIONED at I-140 level.

My say: True. No argument.

Whether credentials match upto the category specified in the I-140 application is DETERMINED by adjudicator at I-140 level only.Someone could have EB2 qualifications and yet process a case under EB3.

My say: Your employer defines this job description + required credentials at the time LC filing. If it matches EB3 catgeory then at the time of I-140 filing you will have to mention "EB3". You just can not mention EB2 otherwise that
adjudicator will deny. So in other words practically your employer have already decided your category and it will be a just matter of waiting to declare on paper while filing I-140.

Someone could have EB2 qualifications and yet process a case under EB3.

My say: Logically you seem to be right here.

Again, EB2 or EB3 is NOT designated at DOL level. It is done at I-140 level. Labor requirements merely pave the way to EB category in further processing but do not get categorized at DOL

My say: True not on paper but practically it is decided while you file LC. You just put things on paper while filing I-140
 
"True not on paper but practically it is decided while you file LC. You just put things on paper while filing I-140"

--Precisely why I said DOL adminstrative staff could not look at LC and determine its EB category for prioritzation purpose.

Recent EB2 approvals from BEC, as opposed to EB3, could be mere happenstance or may have some other theory to it. Reason behind this need not be due to EB categorization.
 
StressTestInUSA said:
I think you should file thru PERM asap,as you have about 6-7 months time from now and file for i140 - premium process by May 2007 and file for H1 extn based on approved i140.

also have this Eb3 i140 approved...be ready with all the green dollars
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Helo Mate,

Sorry I tried google for AC21 rule and could not get to the correct destination. Can you pls send me the linsk you used??

Sorry for the trouble ..
Thanks
 
anilt75 said:
"True not on paper but practically it is decided while you file LC. You just put things on paper while filing I-140"

--Precisely why I said DOL adminstrative staff could not look at LC and determine its EB category for prioritzation purpose.

Recent EB2 approvals from BEC, as opposed to EB3, could be mere happenstance or may have some other theory to it. Reason behind this need not be due to EB categorization.
Click to expand...

--Precisely why I said DOL adminstrative staff could not look at LC and determine its EB category for prioritzation purpose.

Ans: Nobody can disagree with that. Here on this forum if somebody is mentioning his/her category do not claim that DOL administrative staff has defined his/her category while LC in process. But they are clear in their minds for their category and so they use to define category even in forums meant for LC
 
StressTestInUSA said:
yea..I know its very tough to convince employers/HR dept...meanwhile looking for an attorney, google for AC21 portablity rule etc and print it out and show them. I had the same problem to file H1 with current employer that I can change employers based on a pending labor after 6yrs on H1..

tell them as much as you dont want them to get in trouble you yourself dont want to get into any mess with immigration issues...
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Thank You.. it is Rule AC21 104(c) to be exact.. I have sent the info to my lawyers.. Now the ball is in their court.. It is all upto them on how they interpret the rule..

Thank You..
 
Section 104(c) : "One-Time Protection" of Three-Year H1B Extension
©MurthyDotCom"

As mentioned above, AC21 Section 104(c) allows for a one-time, three-year extension of the H1B status, beyond the standard six-year limit on H1Bs. These are for individuals with green card cases in which both the labor certification and I-140 have been approved, but the case cannot move forward to the I-485 stage due to the per-country limitations on issuance of immigrant visas. There is no 365-day requirement in this provision. Essentially, this provision is for those who face delays due to visa retrogression caused by the unavailability of the priority dates.

--Italicized text indicates that if labor is approved, I-140 is approved and visa numbers are retrogressed, then regardless of how old the labor application is, one can get 3-year H1b extension.
 
anilt75 said:
Section 104(c) : "One-Time Protection" of Three-Year H1B Extension
©MurthyDotCom"

As mentioned above, AC21 Section 104(c) allows for a one-time, three-year extension of the H1B status, beyond the standard six-year limit on H1Bs. These are for individuals with green card cases in which both the labor certification and I-140 have been approved, but the case cannot move forward to the I-485 stage due to the per-country limitations on issuance of immigrant visas. There is no 365-day requirement in this provision. Essentially, this provision is for those who face delays due to visa retrogression caused by the unavailability of the priority dates.

--Italicized text indicates that if labor is approved, I-140 is approved and visa numbers are retrogressed, then regardless of how old the labor application is, one can get 3-year H1b extension.
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Thanks.. this is exactly the link I have sent to my legal department.. keeping my fingers crossed..
 
GA case are moving slow and totally random

vc594088 said:
I think GA cases are all slower than other states. :mad:
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Yeah thats my hunch too. I have a colleague, who filled labor same day for the same position from NC state. He got approval 3 weeks back and poor me .. from GA still waiting :(

What a misery ... :confused: :mad:
 
DOL_0903 said:
Yeah thats my hunch too. I have a colleague, who filled labor same day for the same position from NC state. He got approval 3 weeks back and poor me .. from GA still waiting :(

What a misery ... :confused: :mad:
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I don't think it is isolated to GA cases. My SWA was KY and the regional was Atlanta. I think they have not touched my petition. I am positive that the number of petitions from KY is very few in comparison to other job rich states and so I doubt if PBEC is under any pressure to touch them too.
 
Sec'y Chao's Addr

a_to_z_gc said:
Do you have Elaine Chao's email address by any chance? How helpful was her office, did you call her or email her?

Thanks!
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The Honorable Elaine L. Chao
Secretary of U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC 20210
Email:secretaryelainechao@dol.gov
Tel: 202-693-6000
Fax: 202-693-6111

I faxed my letter and followed up w/ a phone call to confirm receipt of fax.
 
Thanks!!

Did their office help you in any way or did it end up they forwarding your request to PBEC. Could you please let me know...

I have also sent you a private message asking more details...

Thanks,

NYRIREB3_11_02 said:
The Honorable Elaine L. Chao
Secretary of U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC 20210
Email:secretaryelainechao@dol.gov
Tel: 202-693-6000
Fax: 202-693-6111

I faxed my letter and followed up w/ a phone call to confirm receipt of fax.
Click to expand...
 
a_to_z_gc said:
Thanks!!

Did their office help you in any way or did it end up they forwarding your request to PBEC. Could you please let me know...

I have also sent you a private message asking more details...

Thanks,
Click to expand...

I don't know if they "helped" but I was surprised to receive a response (via snail mail) from William Carlson saying my labor was certified.
 
anilt75 said:
Section 104(c) : "One-Time Protection" of Three-Year H1B Extension
©MurthyDotCom"

As mentioned above, AC21 Section 104(c) allows for a one-time, three-year extension of the H1B status, beyond the standard six-year limit on H1Bs. These are for individuals with green card cases in which both the labor certification and I-140 have been approved, but the case cannot move forward to the I-485 stage due to the per-country limitations on issuance of immigrant visas. There is no 365-day requirement in this provision. Essentially, this provision is for those who face delays due to visa retrogression caused by the unavailability of the priority dates.

--Italicized text indicates that if labor is approved, I-140 is approved and visa numbers are retrogressed, then regardless of how old the labor application is, one can get 3-year H1b extension.
Click to expand...


Thanks for the information. I have a simple question for you based on the AC21 104(c).

My labor is stuck is PBEC and god only knows when it'll get cleared. My H1b runs out in Sep'07. With some miracle if my labor gets cleared and I file for my I-140 and even thats gets certified by early Feb'07 (random mth)........do you think I can change my job after that ? Assuming that the hiring company is filing for my H1b transfer. If thats the case then what happens to my gc case with the old company ? Do I have to file a new gc application alltogether with the new company. Does this law help me in any way.

Thanks for your time and your response is appreciated.
 
See this thread to understand the process

It discusses about PD transfer between companies.

http://immigrationvoice.org/forum/showthread.php?t=912

aamchimumbai said:
Thanks for the information. I have a simple question for you based on the AC21 104(c).

My labor is stuck is PBEC and god only knows when it'll get cleared. My H1b runs out in Sep'07. With some miracle if my labor gets cleared and I file for my I-140 and even thats gets certified by early Feb'07 (random mth)........do you think I can change my job after that ? Assuming that the hiring company is filing for my H1b transfer. If thats the case then what happens to my gc case with the old company ? Do I have to file a new gc application alltogether with the new company. Does this law help me in any way.

Thanks for your time and your response is appreciated.
Click to expand...
 
Last edited by a moderator:
aamchimumbai said:
Thanks for the information. I have a simple question for you based on the AC21 104(c).

My labor is stuck is PBEC and god only knows when it'll get cleared. My H1b runs out in Sep'07. With some miracle if my labor gets cleared and I file for my I-140 and even thats gets certified by early Feb'07 (random mth)........do you think I can change my job after that ? Assuming that the hiring company is filing for my H1b transfer. If thats the case then what happens to my gc case with the old company ? Do I have to file a new gc application alltogether with the new company. Does this law help me in any way.

Thanks for your time and your response is appreciated.
Click to expand...

This contains the information you need:
http://www.immigrationportal.com/showthread.php?t=226267&page=2
 
smallamp1 said:
Guys,

anyone here can point me to a good immigration lawyer who can adivse me and who is available NOW??

I am on my 8th yr of H1B expiring in Jun of next year.. My client offered me a FullTime position.. they r willing to file for my GC too...

Now my questions are:
1. If they apply for my LC thru Perm now, and when they want toapply for my H1B extension next June How can they show that I have my LC applied 1 year before?
2. If I have my I140 cleared, Can I extend my H1B even if I have not applied for my LC 1 year before my 6 years of H1B?

Guys This is very urgent.. Any info/help would be really really appreciated.

Thanks
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Regarding Option 1
You can get a H1 extension with the new employer based on your old Labor filing that. I'm sure about this. Moreover, if your old labor from old employer gets approved and you just need to file 140 with your old employer, to carry over your priority date. Yes, there is no typo. Yesterday only I spoke to one lawyer and he said, you just need to file 140 and then if you can change your employer, you can carry over your old PD.
Obviously, you need to file everything including labor and 140 from scratch. But you'll maintain your old PD.

Regarding option 2
I'm not 100% sure about this. But I think if you have 140 approved, you should get a extension.
 
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