Philadelphia Backlog Elimination Center Tracking

2005 Certified

Seems to be first 2005 PD has been approved from PBEC. From trackitt.com

Priority Date: 04 Jan 2005 DOL Receipt Date: 03 Jan 2006
45-Day Letter Received: 22 Jun 2006
45-Day Letter Replied: 26 Jun 2006
Transferred From: Atlanta
DOL Category: EB3-RIR
Case Number: P-05215-7xxxx
Status: certified
Certification Date: 26 Jan 2007
 
Tricky situation

Guys,

I am one of you all stuck in PBEC since ages, on my 7th year, in EB3 and desperate to get out of this mess somehow.

Recently my employer approached me with an offer to join an executive position in another part of US. Now this new position is not in same company as my current, though in same part of the corporation in a different city.

I know that there is a Executive transfree option where you got to go outside the company for an year or so and when you come back on an L1-A visa, you can try that option which is must faster.

Is there any way, I can still continue processing my current GC process with current employer and work for the new executive position in US? If so what kind of visa would I work on because as I understand when you cross 6th year on H-1B, you cannot transfer it...

If there is an option to work in the new position, I can then take up the one year posting outside and come back later to go for the executive track.

Not very sure if I should jump or hold back...

Any views are very appreciated in advance!

Thank you all in advance!
 
Confusion

I will be very thankful for any response. My third year H-1 with my present employer is going to expire in first week of March 2007. My attorney is going to file my renewal next week. My six year H1 is going to expire in Nov, 2007.
My questions to my questions are as under

1) When my attorney files renewal of H1 next week, how much duration of H1 will be approved.
2) If approved renewal is up to my expiration of 6th year i.e. Nov, 2007, do I again need to apply for 7th year extension.
3) If in the meantime, I get my labor (EB3) and apply I-140 and it is approved before my H-1 (6th year) expires, can I apply for 3 extension.

I know I am asking too many things in one email but please help me.

Thanks

Daru
 
Answers

I'm neither a attorney nor an expert. But been in your situations before. Here is my 2 cents !!

1) When my attorney files renewal of H1 next week, how much duration of H1 will be approved.
They may approve for 3 years, but your visa is valid only for the first 6 years of time spent in USA. Even if you get approval until 2009, it is of no use after your 6'th year expiration. So keep your 6'th year expiration date to apply for any future extension(s) even if they approve beyond your 6'th year expiration date now.

2) If approved renewal is up to my expiration of 6th year i.e. Nov, 2007, do I again need to apply for 7th year extension.
Yes, every year unless you have a I-140 approval (you can go for a 3 year approval)

3) If in the meantime, I get my labor (EB3) and apply I-140 and it is approved before my H-1 (6th year) expires, can I apply for 3 extension.
Yes


malidar said:
I will be very thankful for any response. My third year H-1 with my present employer is going to expire in first week of March 2007. My attorney is going to file my renewal next week. My six year H1 is going to expire in Nov, 2007.
My questions to my questions are as under

1) When my attorney files renewal of H1 next week, how much duration of H1 will be approved.

2) If approved renewal is up to my expiration of 6th year i.e. Nov, 2007, do I again need to apply for 7th year extension.
3) If in the meantime, I get my labor (EB3) and apply I-140 and it is approved before my H-1 (6th year) expires, can I apply for 3 extension.

I know I am asking too many things in one email but please help me.

Thanks

Daru
Click to expand...
 
Last edited by a moderator:
To US_LABOR

US_LABOR said:
Recently my lc got approved but when we look at it the approved labor the requirement for the position is Master or equivalent plus 1 yr of exp. I have bachelor's in Engineering. My employer filed this labor and made a mistake in the requirement.Attorney says this will cause the problem..anyone with similar situation or Can some one please advice what Should i do...

Thanks in Advance.
Click to expand...
Extracted from http://travel.state.gov/visa/immigrants/types/types_1323.html#second

Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and

Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field

If you have more than 5 years of experience maybe you are not in troubles.....

Good luck
ArgenBas
 
Answers Below, from my own experience.

malidar said:
I will be very thankful for any response. My third year H-1 with my present employer is going to expire in first week of March 2007. My attorney is going to file my renewal next week. My six year H1 is going to expire in Nov, 2007.
My questions to my questions are as under

1) When my attorney files renewal of H1 next week, how much duration of H1 will be approved.
Ans: [The H1B will come till Nov-2007 after which another extension needs to be filed on the basis of laor pending.

2) If approved renewal is up to my expiration of 6th year i.e. Nov, 2007, do I again need to apply for 7th year extension.
Ans: Yes, u can apply for 1 yr or 3yr depending upon whether u hv 140 cleared or not.
3) If in the meantime, I get my labor (EB3) and apply I-140 and it is approved before my H-1 (6th year) expires, can I apply for 3 extension.
Ans: <B>Yes, thats right. But you can not apply for 3 yr with 140 pending. I140 has to be approved to enable you for a 3 yr extension.

I know I am asking too many things in one email but please help me.

Thanks

Daru
Click to expand...
 
Last edited by a moderator:
indianpresent said:
Answers Below, from my own experience.
Click to expand...

I really appreciate your reponse. I have one more question.

If my I-140 is approved in February and my H1 is going to expire in Nov, can I apply for 3 year extension in Feb much before H1 expires.

If my I-140 is approved and I change my company, can I use that PD to my new company or not. Can my current employer cancel my I-140 if I move to new company. If yes, will I loose my PD.

Thanks Indian present

Daru
 
Cost associated with H1 extension

I have a question that is there any lawyers/application fee associated to 3 year extension of H1 after approval of I-140?

Thanks

Daru
 
H1 extention

If you read the instructions for I-129 form carefully you will be able to file yourself you don't need an attorney I did it 4 times. Most important are I129, LCA and proof of pending LC or approved I-140. The fee is $190 but you have to fill supplement B. This is a quote from I-129 Instructions for fees involved.

A U.S. employer seeking an exemption from the $1,500.00 or $750.00 filing fee must complete Part B. A U.S. employer is exempt from payment of the additional $1,500.00 or $750.00 filing fee if:
his petition is the second or subsequent request for an extension of stay filed by the employer regardless of when the first extension of stay was filed or whether the $1,500.00 or $750.00 filing fee was paid on the initial petition or the first extension of stay
Good luck
malidar said:
I have a question that is there any lawyers/application fee associated to 3 year extension of H1 after approval of I-140?

Thanks

Daru
Click to expand...
 
Most important are I129, LCA and proof of pending LC or approved I-140.

I am a novice. Can you please explain on how can we obtain LCA.

Thanks

SRK
 
Lca

Go to this site read the instructions and fill the Labor Condition Application form online you need to check you job code and prevailing wage for it, you will find link for those in the same site. If every think is right you will get an immediate approval print it sign it and add it to your I-129 package.
www.lca.doleta.gov
srkotturu said:
I am a novice. Can you please explain on how can we obtain LCA.

Thanks

SRK
Click to expand...
 
Lc Certified But No Original Certificate Received

Please see my signature for details.

LC certified but have not received the original copy though the attorney has requested address change for times to DOL.

I can only file I-140 alone with requesting duplicate LC from USCIS although my visa is current. I can not even file premium I-140 without the original LC. How long will it take I-140 approval with requesting duplicate LC? Please advise.
 
Question about birth certificate

HI there.
I am still hoping for the labor approval, but can't sit and wait. so I am starting to get things ready.
My question is:
How many birth certificates do you need in total per person to file the I-140?
And how many for the 485.
I called my embassy and they said it's better to contact somebody in my home country to get them for me, because thru them it takes a year. Unbelievable,but true.
Also can I just get one/person and have it copied, or do I need so many originals/person?
Do they have to be translated?.
I know it's a lot of questions but for those of you that have already done this, could you please answer.
I appreciate your help.
I am not sure when this H*LL will be over (PD 02/04), but when it comes to an end I want to be ready for premium.
Thanks
 
malidar said:
I really appreciate your reponse. I have one more question.

If my I-140 is approved in February and my H1 is going to expire in Nov, can I apply for 3 year extension in Feb much before H1 expires.

Ans: Yes you can. But it is not advisable to do that. They advise to apply it before 4-5 months of expiry.

If my I-140 is approved and I change my company, can I use that PD to my new company or not. Can my current employer cancel my I-140 if I move to new company. If yes, will I loose my PD.

Ans : Yes u can change once ur H1b extn is approved and use the old pd. Prior employer can anytime cancel 140. It is up to him.

Thanks Indian present

Daru
Click to expand...
 
Time in getting 3 year extension

How much time it takes to get 3 year extension (H1) after we get I-140 certified and apply for extension? Thanks for answer.

Daru
 
NOF Reappeal - Certified

Online status shows Certified :) . I hope my attonery will receive approval papers soon and I'm shocked that my NOF reappeal was processed so quickly.


Sumanthj said:
I'm in a similar situation. After almost 4 years I found out yesterday from my attonery that I received NOF. Please see attached PDF

FINDING: Unduly Restricitve Job Requirements-Requirements Exceed SVP

Job Title: Programmer
Exp reqd: Masters Degree + 1 yr Exp.

I personally want to reappeal and stay in EB2, rather than reducing the job requirements and going into EB3.

Any suggestions greatly appreciated.

Thanks

Sumanthj@hotmail.com
ETA#: P-05186-XXXXX
EB2 RIR New York
Priority Date : Mar 12th 2003
45 day letter issued by DOL: Jan 17th, 2006
45 day letter received & replied on: Jan 24th 2006
Currently on 6th year H1B
NOF response due date: Jan 16th, 2007
Click to expand...
 
Hi all,

I am new to this forum, and just start to worry about the slowness of my LC process.

my employer filed for LC during March 05, right before they switched to PERM. Now my situation is

PR: march, 05
RIR
45-day received: 10/05
P-05215-70xxx -- In Process

Should I try to force HR to file a new PERM application for me? I sort of asked HR about that, but they told me that my priority date would be pushed back, so it doesn't exactly work to my advantage. But then other people tell me that PD shouldn't really matter that much as long as mine is EB-2.

What should I do? Should I file a new PERM LC? Thanks in advance for any suggestions.
 
Lucky you

Sumanthj said:
Online status shows Certified :) . I hope my attonery will receive approval papers soon and I'm shocked that my NOF reappeal was processed so quickly.
Click to expand...

Congrats, most NOF rebuttal cases are taking months before PBEC is making final decision.
 
You must log in or register to reply here.
Top