Anand_Mishra
Registered Users (C)
I heard that for sub LC your PD will be filing of your 140. so please ask attorney.
thx,
thx,
sacbee said:
Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
JustWatching
Registered Users (C)
A bit of info
Based on the case no.s in the tracker and assuming that the last 5 digits of the new ETA# is shared between the two BECs. Between Philly BEC and Dallas BEC, they entered approximately 40,000 cases in January.
So if by end of Feb they had entered about 86,000. They would enter the remainder by June/July 2005.
I know it's a bit of old news, just wanted to share.
Based on the case no.s in the tracker and assuming that the last 5 digits of the new ETA# is shared between the two BECs. Between Philly BEC and Dallas BEC, they entered approximately 40,000 cases in January.
So if by end of Feb they had entered about 86,000. They would enter the remainder by June/July 2005.
I know it's a bit of old news, just wanted to share.
karthick_m
Registered Users (C)
PD for sub LC
He will get the PD of the approved labor. Sub LC will be treated as if the LC was filed under your name. My friend did the same and he got the PD of the approved labor. It will NOT be the PD of 140, there is no such a thing. See, if this approved labor is in EB3 and the PD on it is in 2001, you can file 140/485 using that labor, this mean 2001 is your PD, you cannot do it if it is the otherway. This is just my own 2 cents, verify it before you act on it.
Anand_Mishra said:
He will get the PD of the approved labor. Sub LC will be treated as if the LC was filed under your name. My friend did the same and he got the PD of the approved labor. It will NOT be the PD of 140, there is no such a thing. See, if this approved labor is in EB3 and the PD on it is in 2001, you can file 140/485 using that labor, this mean 2001 is your PD, you cannot do it if it is the otherway. This is just my own 2 cents, verify it before you act on it.
JustWatching
Registered Users (C)
Rajiv Khanna posted this a couple months back...
I studied this issue back in the 1990's and have revisited my notes.
Folks there is always someone who knows something better than another lawyer. In my opinion, in labor substitution cases, the law should be that for filing 485/Visa Bulletin purposes, the PD is the date of filing the I-140 . But beacause of the strange (and good for us) language used in AC21, for 7th year extensions, the date of filing the Labor Cert is used. Also, I am aware that CIS has been approving cases otherwise, but their regs point in the opposite direction.
By the way, CIS Regulations 8 CFR Section 204.5(e) (which may or may not have application to LCert substitution cases - I think it does) states that "A priority date is not transferable to another alien."
(e) Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
However, INS has given instructions contrary to their regs. So, it appears so far that CIS has been following the Crocetti memo (right or wrong):
See this link
http://www.immigration.com/newsletter1/submemoins.html
Note: This memo referes to subscetion (d) of 8 CFR 204.5 (again, which does not refer to substitition)
d) Priority date. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the Department of Labor shall be the date the request for certification was accepted for processing by any office within the employment service system of the Department of Labor. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an application for Schedule A designation or with evidence that the alien's occupation is a shortage occupation within the Department of Labor's Labor Market Information Pilot Program shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of a petition filed for classification as a special immigrant under section 203(b)(4) of the Act shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of an alien who filed for classification as a special immigrant prior to October 1, 1991, and who is the beneficiary of an approved I-360 petition after October 1, 1991, shall be the date the alien applied for an immigrant visa or adjustment of status. In the case of a special immigrant alien who applied for adjustment before October 1, 1991, Form I-360 may be accepted and adjudicated at a Service District Office or sub-office.
Bottomline, so far it is working. Why should we rock the boat.
I do not know if this position will ever be revised.
__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
703-908-4800 Extension 110
I studied this issue back in the 1990's and have revisited my notes.
Folks there is always someone who knows something better than another lawyer. In my opinion, in labor substitution cases, the law should be that for filing 485/Visa Bulletin purposes, the PD is the date of filing the I-140 . But beacause of the strange (and good for us) language used in AC21, for 7th year extensions, the date of filing the Labor Cert is used. Also, I am aware that CIS has been approving cases otherwise, but their regs point in the opposite direction.
By the way, CIS Regulations 8 CFR Section 204.5(e) (which may or may not have application to LCert substitution cases - I think it does) states that "A priority date is not transferable to another alien."
(e) Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
However, INS has given instructions contrary to their regs. So, it appears so far that CIS has been following the Crocetti memo (right or wrong):
See this link
http://www.immigration.com/newsletter1/submemoins.html
Note: This memo referes to subscetion (d) of 8 CFR 204.5 (again, which does not refer to substitition)
d) Priority date. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the Department of Labor shall be the date the request for certification was accepted for processing by any office within the employment service system of the Department of Labor. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an application for Schedule A designation or with evidence that the alien's occupation is a shortage occupation within the Department of Labor's Labor Market Information Pilot Program shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of a petition filed for classification as a special immigrant under section 203(b)(4) of the Act shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of an alien who filed for classification as a special immigrant prior to October 1, 1991, and who is the beneficiary of an approved I-360 petition after October 1, 1991, shall be the date the alien applied for an immigrant visa or adjustment of status. In the case of a special immigrant alien who applied for adjustment before October 1, 1991, Form I-360 may be accepted and adjudicated at a Service District Office or sub-office.
Bottomline, so far it is working. Why should we rock the boat.
I do not know if this position will ever be revised.__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
703-908-4800 Extension 110
wsj2002 said:
He should have some kind of certification of post that he has mailed on certain date, (like Fedex,USP, trackingno.) in case of some future problems.
However he does not look like an Professional Attorney , he had options of sending letter and FAX it as backup.
DID ANYONE REC'D LETTER FROM PHILLY BPC for Philly case
Hi,
New to this forum. My case was filled in Philly region in May'2004 and I checked with my attorney y'day, they have not rec'd any corresponding BPC. I am confused, When will my attorney be getting 45 days letter? Could one of you guru please reply.
Thanks,
Navjo
Hi,
New to this forum. My case was filled in Philly region in May'2004 and I checked with my attorney y'day, they have not rec'd any corresponding BPC. I am confused, When will my attorney be getting 45 days letter? Could one of you guru please reply.
Thanks,
Navjo
Navjo said:
If your application was initiated in May 2004, it probably went to Harrisburg SWA and has been transferred to the BPC and sitting in a box. Your lawyer and employer will recv this letter before the end of Summer (read before September)
If it was transferred to the Regional DOL in May 2004 your lawyer and employer should receive a 45-day letter in the next few weeks.
fresh_prince
New Member
backlog processing 45 days Letter
New to this forum.
Hi, did anyone recieve such letter.
Mine Labor is filed from NJ Sept. 2002 and haven't recieved any such letter.
Anyone recieved 45 days letter from Philly. I have only a year left....
New to this forum.
Hi, did anyone recieve such letter.
Mine Labor is filed from NJ Sept. 2002 and haven't recieved any such letter.
Anyone recieved 45 days letter from Philly. I have only a year left....
fresh_prince said:New to this forum.
Hi, did anyone recieve such letter.
Mine Labor is filed from NJ Sept. 2002 and haven't recieved any such letter.
Anyone recieved 45 days letter from Philly. I have only a year left....
You can get H1-B extensions based on your Labor PD of 2002.
Of course assuming you are on H1-B.
fresh_prince said:New to this forum.
Hi, did anyone recieve such letter.
Mine Labor is filed from NJ Sept. 2002 and haven't recieved any such letter.
Anyone recieved 45 days letter from Philly. I have only a year left....
Welcome Fresh_Prince ,
There are many people who got the letters
You can view them in the tracker (Thanks to JustWatching for this awesome job).
http://www.immigrationportal.com/attachment.php?attachmentid=12180
luckylucky
Registered Users (C)
Does anybody knows if there were more LC approved in Phily recently?