Philadelphia Backlog Elimination Center Tracking

H1 extension based on pending labor

Hi All,

Hope someone will have the answer for this query. When h1 gets extended beyond six years based on a pending labor and by any chance the labor or i-140 is denied, what happens to the extended H1?. is it still valid.?

Thanks
gmat
 
I really dont know how she got that message. but my company is fortune 500 company and i dont feel she made it up.

isanybodyout said:
I hope your lawyer is right, that would be the greatest news for me too. Could you share some details like how your lawyer got his/her imformation or how did it come up? I mean I just enjoy even a shred of light in signt.
Click to expand...
 
i am just reading what others write here!

shoutout said:
according to my company lawyer, PBEC is processing NY 2002 cases right now, not sure how accurate this message it is. from the screen shot she sent to me, the prevailing wage is still empty, all others filled. my case is NY 2002/07 RIR EB2.
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NY approvals

FYI: NY approvals

heard from a friend that 4 from their company got approvals including him. they all applied in march, 2002

another friend of mine got NOF last week. he filed in may 2002.

so seems like they are working on skipped cases and currently they could be looking into 2002.



shoutout said:
according to my company lawyer, PBEC is processing NY 2002 cases right now, not sure how accurate this message it is. from the screen shot she sent to me, the prevailing wage is still empty, all others filled. my case is NY 2002/07 RIR EB2.
Click to expand...
 
GMAT said:
Hi All,

Hope someone will have the answer for this query. When h1 gets extended beyond six years based on a pending labor and by any chance the labor or i-140 is denied, what happens to the extended H1?. is it still valid.?

Thanks
gmat
Click to expand...

H1 Notice of action and I-94 is still in your hands...If one donot get into any trouble like drunk driving or some such dumb trouble....USCIS would not really interested in you...There would not be anyone coming to catch you .... You see the immigration law is kind of applied sporadically...You can stay under the radar and perhaps live out your remaining time on I-94 ...If you go for next extension they would catch on.....At the time of next extension they would wake up and throw NOFs queries at you ..worst case file removal proceeding against you...
Techinacally until they send you a notice to appear...you are not in deportation proceedings...Also I never heard of any H1b with valid I-94 ever getting deported....
 
GMAT said:
Hi All,

Hope someone will have the answer for this query. When h1 gets extended beyond six years based on a pending labor and by any chance the labor or i-140 is denied, what happens to the extended H1?. is it still valid.?

Thanks
gmat
Click to expand...


Yes, Your H1 is still be valid as long as you still work with the same company.
I40 denial is has nothing to do with your H1 status.
 
katrina17 said:
Yes, Your H1 is still be valid as long as you still work with the same company.
I40 denial is has nothing to do with your H1 status.
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Someone might argue that the status beyond 6 year is purely derivative of Labor/140 and becomes invalid immediately after 140 is denied....

Nobody has sued USCIS with this situation yet and USCIS has not officially taken any position to the best of my knowledge...So our friedn is reasonably safe I guess.....If you know if concrete statements by USCIS please let me know..
 
I hope and wish this is true. I have been waiting for over 4 years and I have friends who applied after me and already have their GC's.

LoveNY said:
FYI: NY approvals

heard from a friend that 4 from their company got approvals including him. they all applied in march, 2002

another friend of mine got NOF last week. he filed in may 2002.

so seems like they are working on skipped cases and currently they could be looking into 2002.
Click to expand...
 
PBEC Delays---

I think US is the best example of survival of the fittest. If we would have taken the opportunity and applied for labor during 99/2000, life would have been much simpler. Ofcourse, I am just saying this to one who is living here for around 7-8 years. Going forward,I guess, we just have to be really ready for new opportunities and knock it before it goes off...!!
Sorry not trying to preach or something, but trying to learn a good lesson out of all these confusions...its midnight, and I am still looking for my
approval :-( . Thanks everyone...this forum helps me a lot..
 
I140 filed based on online status

Hi,
Is it OK to file I140 and I485 based on online approval status of EB2 labor cert.

Thanks,
 
Nothing happeing with Non RIR cases.

Guys,
I heard from my lawyer that nothing seems to be happening with the Non RIR cases lately. She has suggested me to convert to RIR right away.

Any idea on cost???
Anyone else in same boat????
 
2004 Case Certified

Online Case status Shows Certified this morning yesterday it was In Process

Thanks for everyone help here.

The details are as follow

Case # P-05012-*****
FL, EB3, RIR.
PD; Feb 2004
45 Days Letter Received in Feb 2005
Onlien Status Showed Certified on October, 17, 2006
 
nmohsin said:
Online Case status Shows Certified this morning yesterday it was In Process

Thanks for everyone help here.

The details are as follow

Case # P-05012-*****
FL, EB3, RIR.
PD; Feb 2004
45 Days Letter Received in Feb 2005
Onlien Status Showed Certified on October, 17, 2006
Click to expand...


Congratulations !
 
OCT 2004 case certified

Online status shows that my case is certified.

Details are

EB3 NON-RIR
State : NH
PD: OCT-2004
RD : APR-2005
Sent to Backlog center : AUG 2005
45 letter : May 2006
Online Certified status : 10-17-06

I have another EB2 with PD JAN 2002, pending with PBEC. That's traditional as well, but recruitment not done at state. Wonder when I will get that. Now I am in dilemma whether to spend $$ for 140 on this EB3 which GOD only knows when it will be ready for 485 filing, or wait for the Eb2 labor. Any suggestions?
 
qcv715 said:
Online status shows that my case is certified.

Details are

EB3 NON-RIR
State : NH
PD: OCT-2004
RD : APR-2005
Sent to Backlog center : AUG 2005
45 letter : May 2006
Online Certified status : 10-17-06

I have another EB2 with PD JAN 2002, pending with PBEC. That's traditional as well, but recruitment not done at state. Wonder when I will get that. Now I am in dilemma whether to spend $$ for 140 on this EB3 which GOD only knows when it will be ready for 485 filing, or wait for the Eb2 labor. Any suggestions?
Click to expand...

Congratulations.

Well, 01/2002/EB2 is lot lot better than 10/2004/EB3. I would have asked my HR to convert the existing TR application to RIR. Please note that once in the RIR queue, this will be processed as per priority date (of course this is not always the case with BECs).
 
frust_pbec said:
Hi,
Is it OK to file I140 and I485 based on online approval status of EB2 labor cert.

Thanks,
Click to expand...

I don't think you can - the online status merely states the case number and nothing else (unlike the screen shot).
 
stamping

This question may not belong to this forum,however being a victim of pbec I am looking for suggestions.....

I came to this country on tourist visa then changed to f-1 and then h1. At the moment stuck with the labor applied in feb 2002. I got to go back to India to visit parents. Please suggest if stamping involves any risk as my H1 b is not stamped. Any suggestion will be highly appreciated.
 
What my lawyer said is confirmed. my case is certified today from the online website. cheer up and good luck, 2001/2002 guys.

shoutout said:
according to my company lawyer, PBEC is processing NY 2002 cases right now, not sure how accurate this message it is. from the screen shot she sent to me, the prevailing wage is still empty, all others filled. my case is NY 2002/07 RIR EB2.
Click to expand...
 
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