Philadelphia Backlog Elimination Center Tracking

My Answers

DOL_0903 said:
Gurus, Seek your advice and pardon in advance, as this is not related to our PBEC plights ... but do feel at home for your advice

My wife ins on H4 and recently got her H1 approved in Oct'06. She may like to join the job in a few months due to health reasons. But what worries me are the following

1. We havnt applied for SS# as we are not sure, if she joins job after a few months after the SS#, will that make her out of status or create some legal problems. - Per latest USCIS memo, out of status is not a problem
2. Not sure how to check, if the current visa for her is H4 or H1? How do we check? - H1
3. In situations like this can we invoke H1 or H4 by specific request to USICS and how adviceable it is for us. - Not to worry. You can invoke either one.

Happy new year and thanks in advance
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Thanks for your quick reply. Can you post or point us to more details on your reply. Thanks is advance and I sent you a PM as well. I am getting anxious to know more and appreciate if you can reply please.
 
DOL_0903 said:
Thanks for your quick reply. Can you post or point us to more details on your reply. Thanks is advance and I sent you a PM as well. I am getting anxious to know more and appreciate if you can reply please.
Click to expand...
---------------

I think he is referring to this on immigration-law.com
As per my understanding out of status is a problem. Just not being on h1 is not a problem, as long as a person has jumped around on different visas but maintained status extension can be granted.

01/01/2007: H-1B Extension Beyond Six-Year Limit Under 12/05/2006 Aytes Memorandum

* The Aytes memorandum clarified the availability of the H-1B extension beyond six years during the immigration processings. Following is the summary of this portion of his memorandum.
* The memorandum clarifies that those who seek the AC 21 exemptions to H-1B six-year limit must pass the following three thresholds:
o Threshold 1: They must prove that they are sufferring in green card process from (1) either the government delays or (2) unavailability of immigrant visa numbers. The government delay is established when labor certification or immigrant proceeding has taken longer than 365 days from the date of filing (priority date). In this case, the H-1B extension will be available beyond the six-year limit in one-year increment indefinitely. In the situation of immigrant visa number unavailability due to the visa number retrogression, the H-1B extension will be available, regardless the government's delays in the proceeding, in three-year increment indefinitely if I-140 petition has been approved. In the first situation, the priority date is relevant to determine counting of 365 days of filing, while in the second situation, the priority date is relevant to determine the visa number availability in the monthly Visa Bulletin. In either situation, people must prove one of these two requirements to apply for the H-1B extension beyond six years either in one-year increment or three-year increment.
o Threshold 2: They must prove that they have already taken out H-1B cap number and they are not subject to the H-1B cap. For this purpose, the alien does not have to be in H-1B status currently. Inasmuch as he/she took out H-1B visa number previously, the alien will be eligible for the H-1B extension beyond six year limit.
o Threshold 3: The alien must prove that the alien (1) is "admissible" or (2) "has been maintaining nonimmigrant status." For those aliens who are seeking the H-1B extentions beyond six years, admissibility or maintenance of nonimmigrant status may be determined by Section 248 of the immigration regulation. If the alien is not eligible for change of nonimmigrant status or extension of nonimmigrant status, such alien will not be eligible for extension of H-1B status beyond six years. Accordingly, even though the alien is not required to prove that the alien is in a valid H-1B status at the time of filing the H-1B extension application beyond six years, the alien must still prove that the alien has been maintaining one of the nonimmigrant visa status under the immigration law. It can be F-1, O-1, L-1, or any other nonimmigrant visa status. If the alien has fallen out of status, the alien will not be eligible for the H-1B extension beyond six year limit. With reference to this threshold, a question arises as to the eligibility of H-1B status beyond six year for those H-1B aliens who traveled on Advance Parole and whose current status is "not nonimmigrant" but a parolee. The memorandum does not touch on this specific issue. However, relevant to this question is another memorandum of the USCIS that states that such parolee is eligible for "reinstatement of H-1B status" without leaving the country and by filing "H-1B extension petition." This interpretation is provisional pending enactment of the AC21 regulation, which can change the rule. Until the enactment of the AC21, it thus appears that these parolees may be eligible for H-1B extension petition inasmuch as it is filed before expiration of his/her current H-1B validity period. Once the approved current H-1B petition expires, such extension may not be available as paroloee is not a nonimmigrant and not admissible to a nonimmigrant status within the U.S. It thus appears that those I-485 filers who were in a H-1B status before reentering the U.S. as a parolee may want to file the extension of the H-1B status before the current H-1B petition expires in order to reinstate his/her H-1B status and to extend the H-1B status beyond six year limit. [Caveat] The foregoing statement on the parolee's issue is the opinion of an individual attorney and neither a law nor any authoritative interpretation of the agencies. People should seek legal counsel before acting on this opinion. This website and reporter will not be responsible for the consequences of such reliance.]
* Some questions related to the foregoing posting will be discussed in our Hypothetical Facts and Analysis afterwards.
 
Happy New Year Guys,

Last week on 25th the online status said "certified" and today our attorney received the papers.

I personally did not think that the 45 day letter receipt date has any bearing on the approval dates. So i do not remember when I got my 45 day letter and when it was replied.

I thank all the members of this forum including those who left after getting their approvals.

Good luck to the rest of you. I know all of pending cases will be approved anytime soon.

P-05173- ***** with PD Jun 22nd 2004. Atlanta, EB2 RIR
 
Urgent - CT May 2004 approval - EB2 to EB3?

Our LC(PD 5/10/2004) has been certified on 12/8/2006. But we found the required experience years on the original EAT 750 A (item 14) changed to 3(hand written). It used to be 5 (typed) when we submitted it. Anybody has the same thing happened? We (even our lawyer) do not know who modified this from 5 to 3( no initial at all). Does this mean processing center can change Form EAT 750? Does this mean we have to process I-140 as EB3( we should be EB2 before)

All the ads we posted on newspaper and online show the job request is 4 BS + 5 yrs. I have MS and 10 yrs experience.

What we should do???

Please advise( urgent)!!!

Thanks in advance

State:CT
PD:5/10/2004
Approval:12/8/2006
Case Numer: P-05152-*****
 
Last edited by a moderator:
Hi, GAPDJuly062004, ThirstyFish, jaysai
any of you got the certification papers in hand? My labor is certified on line on 12/12/2006, but have not received papers yet. Just wondering if any of you got since you are in in the same boat..
 
Days_go_by said:
---------------

I think he is referring to this on immigration-law.com
As per my understanding out of status is a problem. Just not being on h1 is not a problem, as long as a person has jumped around on different visas but maintained status extension can be granted.

01/01/2007: H-1B Extension Beyond Six-Year Limit Under 12/05/2006 Aytes Memorandum

* The Aytes memorandum clarified the availability of the H-1B extension beyond six years during the immigration processings. Following is the summary of this portion of his memorandum.
* The memorandum clarifies that those who seek the AC 21 exemptions to H-1B six-year limit must pass the following three thresholds:
o Threshold 1: They must prove that they are sufferring in green card process from (1) either the government delays or (2) unavailability of immigrant visa numbers. The government delay is established when labor certification or immigrant proceeding has taken longer than 365 days from the date of filing (priority date). In this case, the H-1B extension will be available beyond the six-year limit in one-year increment indefinitely. In the situation of immigrant visa number unavailability due to the visa number retrogression, the H-1B extension will be available, regardless the government's delays in the proceeding, in three-year increment indefinitely if I-140 petition has been approved. In the first situation, the priority date is relevant to determine counting of 365 days of filing, while in the second situation, the priority date is relevant to determine the visa number availability in the monthly Visa Bulletin. In either situation, people must prove one of these two requirements to apply for the H-1B extension beyond six years either in one-year increment or three-year increment.
o Threshold 2: They must prove that they have already taken out H-1B cap number and they are not subject to the H-1B cap. For this purpose, the alien does not have to be in H-1B status currently. Inasmuch as he/she took out H-1B visa number previously, the alien will be eligible for the H-1B extension beyond six year limit.
o Threshold 3: The alien must prove that the alien (1) is "admissible" or (2) "has been maintaining nonimmigrant status." For those aliens who are seeking the H-1B extentions beyond six years, admissibility or maintenance of nonimmigrant status may be determined by Section 248 of the immigration regulation. If the alien is not eligible for change of nonimmigrant status or extension of nonimmigrant status, such alien will not be eligible for extension of H-1B status beyond six years. Accordingly, even though the alien is not required to prove that the alien is in a valid H-1B status at the time of filing the H-1B extension application beyond six years, the alien must still prove that the alien has been maintaining one of the nonimmigrant visa status under the immigration law. It can be F-1, O-1, L-1, or any other nonimmigrant visa status. If the alien has fallen out of status, the alien will not be eligible for the H-1B extension beyond six year limit. With reference to this threshold, a question arises as to the eligibility of H-1B status beyond six year for those H-1B aliens who traveled on Advance Parole and whose current status is "not nonimmigrant" but a parolee. The memorandum does not touch on this specific issue. However, relevant to this question is another memorandum of the USCIS that states that such parolee is eligible for "reinstatement of H-1B status" without leaving the country and by filing "H-1B extension petition." This interpretation is provisional pending enactment of the AC21 regulation, which can change the rule. Until the enactment of the AC21, it thus appears that these parolees may be eligible for H-1B extension petition inasmuch as it is filed before expiration of his/her current H-1B validity period. Once the approved current H-1B petition expires, such extension may not be available as paroloee is not a nonimmigrant and not admissible to a nonimmigrant status within the U.S. It thus appears that those I-485 filers who were in a H-1B status before reentering the U.S. as a parolee may want to file the extension of the H-1B status before the current H-1B petition expires in order to reinstate his/her H-1B status and to extend the H-1B status beyond six year limit. [Caveat] The foregoing statement on the parolee's issue is the opinion of an individual attorney and neither a law nor any authoritative interpretation of the agencies. People should seek legal counsel before acting on this opinion. This website and reporter will not be responsible for the consequences of such reliance.]
* Some questions related to the foregoing posting will be discussed in our Hypothetical Facts and Analysis afterwards.
Click to expand...

Hi Days_go_by..

According to the 2nd point can you please clarify from your understanding if one is eligible to file H1 right away and not wait for the new H1B quota.

Came to US in 2000 on H4, changed to H1 in Aug 2001 until Feb 2003, changed back to H4. The 6 yr limit on H status in all has been completed in 2005. Now to change back to H4 according to the latest Memo, do we need to wait for the new quota or can file for a H1 now...

Please post your thoughts..
 
No paperwork yet

ny-feb2002 said:
Hi, GAPDJuly062004, ThirstyFish, jaysai
any of you got the certification papers in hand? My labor is certified on line on 12/12/2006, but have not received papers yet. Just wondering if any of you got since you are in in the same boat..
Click to expand...

Not yet....ThirstyFish, jaysai .... any luck for you guys?
 
Certified

Just now checked my status it changed from 'In-Process' to Certified. What a relief. Now like others on the board the wait for the letter begins.

My PD was 08/10/2004 and received the 45 day letter on 04/20/2006. The case was filed as EB2 and the lat screen shot that I received about a week back still had empty fields. Case # was: P-05153-52***

Thanks to everybody and good-luck to everyone.
 
StressTestInUSA said:
Hi Days_go_by..

According to the 2nd point can you please clarify from your understanding if one is eligible to file H1 right away and not wait for the new H1B quota.

Came to US in 2000 on H4, changed to H1 in Aug 2001 until Feb 2003, changed back to H4. The 6 yr limit on H status in all has been completed in 2005. Now to change back to H4 according to the latest Memo, do we need to wait for the new quota or can file for a H1 now...

Please post your thoughts..
Click to expand...
-----
I think there are two things:
1) Since you were on H4 and now time on H4 is not counted against your H1, you might have some unused time left on your 6 year H1. You should be able to use that for H1.

2) I am not too sure about the second point, but if your 6 years of H1 did get over and you did not extend it, then you have to apply for a new H1, in that case you would have to wait. But if you have 6 years time and in between you changed status to H4 and then wanted to extend H1 then you could do it. You should clarify this with an attorney.
 
Can you guys verify the data

Can following guys confirm that they have not received labor?

bluesky133
gcforwhat
njgc2001
ragini_nj
Caliber
sejalmitesh
StruckCareer
labor_dec02
justdoit
ssdtm
anupal
sp0
NEverGreen
REACH US
kaservice
Johnmp
sachv
 
Days_go_by said:
-----
I think there are two things:
1) Since you were on H4 and now time on H4 is not counted against your H1, you might have some unused time left on your 6 year H1. You should be able to use that for H1.

2) I am not too sure about the second point, but if your 6 years of H1 did get over and you did not extend it, then you have to apply for a new H1, in that case you would have to wait. But if you have 6 years time and in between you changed status to H4 and then wanted to extend H1 then you could do it. You should clarify this with an attorney.
Click to expand...

Yes..I heard the same thing about the 2nd point, that ladies 6th yr is extending in May 2007 and was on h4 earlier, she got her H1 approved last month and dint have to wait for the new H1 quota, so its true I think.
 
any 2001 or 2002 approvals?

I was wondering if anyone had recently received any 2001 or 2002 approvals.
My wait seems to be endless with 5+ years and no news.
I hope this year brings better luck for all of us stuck here.

Being hopeful in 2007.
Good luck to all!
 
Online Approval-surprised-must decide on continuing or going ahead with family based

Hello everyone,
At a time when I had already given up, I just checked my online status one last time and saw that my LC is certified today! I sure hope that the rest of us waiting in the BECs will be able to see the same result soon.

FYI.
PD. August 24, 2004, Florida
Never made to regional
ETA#:p-05160-61xxx
45-day letter and applied in Feb, 2006

I am from a non-retrogressed county. Note that I just saw it certified on Jan 2, 2007, and neither heard from the lawyer, nor received a hard copy letter.

Now the fun stuff: this good news came just half a day before I see and pay my new lawyer tomorrow for a brand new application (family based)!!! So please keep reading and share your wisdom...

I am quite excited, but also quite confused at this moment, so advise from the gurus will be greatly appreciated.

Not-so-short history: Since the LC process has been taking so long, and due to the uncertainty that is attached to it, I decided to apply through my newly-wed wife, who is a US citizen. The lawyer I had talked to about the situation (different lawyer than the company used for LC process) had convinced me toward this family based application. That was couple of months ago, and approval of my LC definitely confused me at this point. My wife moved to a different city/state last year to go to school, and I am waiting anxiouly to follow as soon as I get my green card and get a job there with it. Obviously we want it to be at the soonest time.

My question is: which process, employer based after the LC approval, or the immediate family (spouse) base application is better at this point? I definitely want go with the less painful and shortest route. Are there any advantages to one method than the other? Are the time frames different from this point on? Are there any risks with one or other that might affect my decision? Can I do them both at the same time? Which application would you go for it were for you?

I reliaze that I might be in somewhat a better position at this point, and I am grateful, but I still need to make the best decision for my and my family's future, so any good advise will be really appreciated.

Thanks to all who share their wisdom and support here.
Best
 
Still in DATA REVIEW

PBECIsKillingMe said:
Can following guys confirm that they have not received labor?

bluesky133
gcforwhat
njgc2001
ragini_nj
Caliber
sejalmitesh
StruckCareer
labor_dec02
justdoit
ssdtm
anupal
sp0
NEverGreen
REACH US
kaservice
Johnmp
sachv
Click to expand...
 
Labor Certification Denied - Urgent Helps Needed!

When I'm checking my labor certification statuses, it shows "Denied". This is RIR case. My lawyer had recently received NOF, we rebutted for this. This is happened after 4+ years, the pd is aug,2002. We didn't yet received any reason for the denial.
I'm on my 7th year of H1 extension, it's valid till May'15,2007.
I need your expert advice. What will happen hereafter, whether I need to go back home country? what are my options are?

I'm newbie here and not sure this is right forum. If it's not, please redirect me to the right one
 
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