Philadelphia Regional DOL Tracker

Tomshu

Hello my friend,

Do you have any updates directly from BEC about the aprovals or certification :) :) I think that everyone are waiting for some news from your hotline.

I know Orissa lost her contact and Alkea to, so you are the only one rigtht now.

Regards
 
nviren said:
Hi Guys,

Few months back lot of people were sending emails to BPC/BRC for chacking the status of the LC .
Can you who did it got some reply please let me know how to go about it.
Where to send email, what details are needed , what format etc.
If the info is available on some DOL URL, please direct me there.

This forum was also keeping a spreadsheet wherein we kept the case details and the progess as reported by applicants. Anyone who has the latest copy, can you please publish it again.

Thanks
Click to expand...

I sent an email to info@phi.dflc.us with the following information:

Dear Sir/Madam,

My case number is P-xxxxx-xxxxx. My application has been forwarded to the Backlog Reduction Center in PA and the 45 day letter has been responded to. And my PD is Jan-xx-xxxx.

Please let me know how much time approximately it takes for my case to be approved.

I highly appreciate your time and help!

Regards,

Your name.

Got a reply from them with the old story!
 
question on substitute labor cert

Hi Guys,

I have few questions about a substitute labor cert.
What is the procedure the employer has to follow if the company wants to use an approved labor for sombody else other than the original beneficiery.

A friend of mine is a database developer. His employer has approved labor for QA position. If the employer uses that cert for my friend, will this create problems in i140 and i485? What other kind of problems might come up?

Thanks for your replies in advance.
 
My situation

Hello,

I applied RIR EB2 (CA SFO)

Here are my case details.

PD - 6/28/2001
Transmitted to DOL - 2/25/2003
Remanded to SWA (RIR to TR) - 5/14/2003

:mad:


After that, I have heard nothing. I am currently on 1st 7th year extn, recently applied for 2nd 7th year extension. Hope GC goes thru before my company goes under.

Hope this torture is enough penance for all sins comitted by me in my previous lives :) - I must have been Hitler or something in my previous life to be in this situation :eek:

Well, all those of you who curse Govts. functioning in India and are in this boat should realise that Govts. suck everywhere. In India, at least you can bribe your way thru :D

This has been the ultimate test of my patience. Almost ready to pack my bags and go back to India in order to salvage my career.

Good luck to others in the same boat. Any positive news for anybody in this situation will indeed by very welcome.

Ciao
 
The following is a message posted by someone in San Francisco Regional DOL Tracker. Dallas BEC has really started processing cases....See below:


#################################################

12th May 2005, 06:21 PM
tgunukula
Registered User Join Date: Apr 2004
Posts: 12

I got LC

--------------------------------------------------------------------------------

Hi fellow members.
Today i got email from lawyer saying that my labor application is aparoved. Mine was in Dallas BES center. That means they started processing. My priority date is 4/02 and RD is first week 0f 5/03. Got 45 daya love letter in Jan 05. replied on 20 the JAN. Hopefully we will meet all you in 140 tracker. GOD 3years waiting. Dont know what happens in 140 and 485.
__________________
-------------------
CA - RIR - EB2
PD May 1st 2002
RD May 2003
Recieved and replied to letter from Dallas BEC on 1/3/2005
 
Why PEC is not moving while Dallas is

I am seeing people getting approval from Dallas which is a good news, but it seems there has been not a single confrrmed LC approval from PEC. I hope I am wrong but looks like PEC is stuck. Do you guys have any idea ? Is there any thing we can do ( other than wait and curse) ?

mvinays said:
The following is a message posted by someone in San Francisco Regional DOL Tracker. Dallas BEC has really started processing cases....See below:


#################################################

12th May 2005, 06:21 PM
tgunukula
Registered User Join Date: Apr 2004
Posts: 12

I got LC

--------------------------------------------------------------------------------

Hi fellow members.
Today i got email from lawyer saying that my labor application is aparoved. Mine was in Dallas BES center. That means they started processing. My priority date is 4/02 and RD is first week 0f 5/03. Got 45 daya love letter in Jan 05. replied on 20 the JAN. Hopefully we will meet all you in 140 tracker. GOD 3years waiting. Dont know what happens in 140 and 485.
__________________
-------------------
CA - RIR - EB2
PD May 1st 2002
RD May 2003
Recieved and replied to letter from Dallas BEC on 1/3/2005
Click to expand...
 
Breaking news

Bi-Partisan Comprehensive Immigration Reform Bill Introduced in the Senate

•Today, a bill entitled "The Secure America and Orderly Immigration Act of 2005" was introduced in the U.S. Senate which include the concept of legalization of illegal aliens for temporary employment in the form of a new visa, H-5A and H-5B, and adjustment of status to a lawful permanent resident working in such temporary nonimmigrant workers for four years without the employer sponsorship. The following are the excerpts relevant to the legalization program under this bill:

Essential Worker Visa Program

•Creates a new temporary visa to allow foreign workers to enter and fill available jobs that require few or no skills (the H-5A visa)

source:immigration-law.com

•Applicants must show that they have a job waiting in the U.S., pay a fee of $500 in addition to application fees, and clear all security, medical, and other checks

•Requires updating of America's Job Bank to make sure job opportunities are seen first by American workers

•Initial cap on H-5A visas is set at 400,000, but the annual limit will be gradually adjusted up or down based on demand in subsequent years

•Visa is valid for three years, and can be renewed one time for a total of 6 years; at the end of the visa period the worker either has to return home or be in the pipeline for a green card

•Visa is portable, but if the worker loses his job he has to find another one within 60 days or return home

•Ensures that employers hiring temporary workers abide by Federal, state and local labor, employment and tax laws

•Prohibits the hiring of temporary workers as independent contractors

•Protects temporary workers from abuse by foreign labor contractors or employers.

•Gives temporary workers and U.S. workers remedies for violations of their rights

•An employer can sponsor the H-5A visa holder for a green card, or after accumulating four years of work in H-5A status, the worker can apply to adjust status on his/her own

•Sets up a task force to evaluate the H-5A program and recommend improvements

Adjustment of Status for H-5B Non-Immigrants

• Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years

• Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa

• They will receive work and travel authorization

• Their spouses and children are also eligible

• In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements

source: immigration-law.com
 
This is absurd. Illegal aliens can file for adjustment of status after 4 years and here I am working for the same employer for 5 1/2 years and still don't know whether I will be here six months from now or not.

Also, this H-5A visa is portable. If the employee loses his/her job he has 60 days to find another one...whereas an H1-Bs status is unclear once he/she loses his/her job.

Let us write to the sponsoring senators and ask them to allow H1-B workers to file for adjustment of status if they have worked for their employer for 3 years or more without labor certification. This will reduce the backlog, won't it.

Please write to these sponsoring senators:

Laura Capps (Kennedy) (202)224-2633
Andrea Jones (McCain) (202)224-7130
Brian Hart (Brownback) (202)224-0237
Casey Aden-Wansbury (Lieberman) (202) 224-0975
Kristen Hellmer (Kolbe) (202)225-1466
Matthew Specht (Flake) (202)225-2635
Scott Frotman (Gutierrez) (202)225-8203

Thanks.
 
Hey guys,
I am in a jam. I have helped you guys by contacting the hot line. I know this is not thr right forum but I am very desperate, can you tell me few things.
(I am about to be laid off- Hoping for that it does not happen).

1. I have till Feb 06 for my 6 year completion so even if I go for another job, I cannot dream of my GC, around that time I am gone back to my country, right?

2. I have had some 4-5 months vacation in my country so that time can be added back, Can it be?

3.The last important thing is I graduated here and started my job on OPT (which is for 1 year), my company applied and got my H1 when I just used 6 months of my OPT. Can I claim the other 6 months..

What I am trying to do is get 12 months and apply now for my GC so that I can get 7th yr extension.

Is there any other way around.
Please help a fellow traveller.
rgds,
A
 
My humble advice

akela said:
Hey guys,
I am in a jam. I have helped you guys by contacting the hot line. I know this is not thr right forum but I am very desperate, can you tell me few things.
(I am about to be laid off- Hoping for that it does not happen).

1. I have till Feb 06 for my 6 year completion so even if I go for another job, I cannot dream of my GC, around that time I am gone back to my country, right?

2. I have had some 4-5 months vacation in my country so that time can be added back, Can it be?

3.The last important thing is I graduated here and started my job on OPT (which is for 1 year), my company applied and got my H1 when I just used 6 months of my OPT. Can I claim the other 6 months..

What I am trying to do is get 12 months and apply now for my GC so that I can get 7th yr extension.

Is there any other way around.
Please help a fellow traveller.
rgds,
A
Click to expand...

Hi Akela

First of all I wish and pray that you do not lose your job and secondly I need to thank you for all your postings that have been very helpful.
Here are the few options you do have if the unfortunate thing is to happen:
1) If your company agrees to not discontinue your labor you should be safe vis-a-vis your 7th year extension.
2) I would suggest that you start looking for a new job, post a brief summary of your skill sets on this site. I am sure someone here will know about some opening somewhere ,we have a lot of helpfule people here.
3) File for your PERM with the new company ,if they say that labor is approved within 3 months then you would have a labor before the 6 year expiration you should be good. As I recollect it the rule is that a labor should be pending for a year or you should have applied for I-140 to be eligible for 1 year extension.

Once again my sincerest wishes to you and I know you will make it out of it,
do not consider yourself "Akela" (it means Lonely in Hindi) on this site.
 
Thaks guys!!
My company is one of the biggest company in US. I doubt they will do anything like not canceal my H1. tHEY WILL DO WHAT THEy do regardless.
In such case what a company can do


thx
A
 
akela said:
Thaks guys!!
My company is one of the biggest company in US. I doubt they will do anything like not canceal my H1. tHEY WILL DO WHAT THEy do regardless.
In such case what a company can do


thx
A
Click to expand...

Here is what I would do if my GC is pending, talk to some company and apply your 7th year H1 with that company, since you are still working for your current company and your GC is pending you get get 1 year H1 and at the same time apply for GC with that company. Chances are you will get LC through PERM in one year and you will not need more extensions. Trick is to act right away, do not waste any more time if you feel unsecure with your current company.
One more thing you can do is talk to your current company and ask them to continue with your labor so you can get more extensions.
 
You have quite a few options

Akela,

1. First of all I think you can safely file for a new H1B even in the 7th year as long as your existing GC has been pending for a year.

2. Your company will have to cancel your H1B but try to request them to keep your Labor pending which they should anyways as they could use it for preapproving someone else. In which case your only real problem is finding a new H1B sponsor.

3. This means you could use that labor (current companies one) to keep getting the 8th year extension as well. By then you will be well within one year of the new labor filing.

4. First of all get a new H1B immediately and file a new GC along with the H1B filing. If you dont know then doing so perfectly legitimate. Please post your brief set of skill sets here. If we can help we will be glad to help you.

And yes you can gain the time spent outside USA while on H1B add towards the 6th year limit.

You still have some more time to play with. The market is quite good currently for IT folks . In fact you may even find a good pre-approved labor. Good luck to you.

Sameer
 
Is this Bill is enacted, would it be possible to change the status from H1 to H5 for those folks who have already used 6 yrs H1B and labor is pending?
That way, even if you loose your job, you can stay in legal status by adjusting to H5 and reapplying it from the new company under PERM until your green card is done. Just some thoughts.

Also, I have heard with the new H5 status, you will not be bound to one employer. So this may be attractive for some folks to move from H1B to H5.


orissa said:
Breaking news

Bi-Partisan Comprehensive Immigration Reform Bill Introduced in the Senate

•Today, a bill entitled "The Secure America and Orderly Immigration Act of 2005" was introduced in the U.S. Senate which include the concept of legalization of illegal aliens for temporary employment in the form of a new visa, H-5A and H-5B, and adjustment of status to a lawful permanent resident working in such temporary nonimmigrant workers for four years without the employer sponsorship. The following are the excerpts relevant to the legalization program under this bill:

Essential Worker Visa Program

•Creates a new temporary visa to allow foreign workers to enter and fill available jobs that require few or no skills (the H-5A visa)

source:immigration-law.com

•Applicants must show that they have a job waiting in the U.S., pay a fee of $500 in addition to application fees, and clear all security, medical, and other checks

•Requires updating of America's Job Bank to make sure job opportunities are seen first by American workers

•Initial cap on H-5A visas is set at 400,000, but the annual limit will be gradually adjusted up or down based on demand in subsequent years

•Visa is valid for three years, and can be renewed one time for a total of 6 years; at the end of the visa period the worker either has to return home or be in the pipeline for a green card

•Visa is portable, but if the worker loses his job he has to find another one within 60 days or return home

•Ensures that employers hiring temporary workers abide by Federal, state and local labor, employment and tax laws

•Prohibits the hiring of temporary workers as independent contractors

•Protects temporary workers from abuse by foreign labor contractors or employers.

•Gives temporary workers and U.S. workers remedies for violations of their rights

•An employer can sponsor the H-5A visa holder for a green card, or after accumulating four years of work in H-5A status, the worker can apply to adjust status on his/her own

•Sets up a task force to evaluate the H-5A program and recommend improvements

Adjustment of Status for H-5B Non-Immigrants

• Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years

• Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa

• They will receive work and travel authorization

• Their spouses and children are also eligible

• In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements

source: immigration-law.com
Click to expand...
 
msabir said:
Is this Bill is enacted, would it be possible to change the status from H1 to H5 for those folks who have already used 6 yrs H1B and labor is pending?
That way, even if you loose your job, you can stay in legal status by adjusting to H5 and reapplying it from the new company under PERM until your green card is done. Just some thoughts.

Also, I have heard with the new H5 status, you will not be bound to one employer. So this may be attractive for some folks to move from H1B to H5.
Click to expand...

I don't think they can apply for H5. They will look at your papers and say you have advanced degree you are eligible for H1 and not H5, H5 is for unskilled labor, this is just my guess. No one knows much about this as of yet, we can wait and see how it works out, this is just a bill as of now.
 
Akela,

First of all, I wish you will not be affected by the lay-offs.

Coming to the point:-
The employer has legal obligation to cancel H1 and not LC. Normally companies won't withdraw LCs for laid-ff employees as they have spent so much money on adds etc., and anyway it is for future employement.

I am sure your company also does the same thing and will not withdraw LC which is not mandated.

Why I am stressing this is, based on the current LC pending you should be able to get your 7th year extension with the new employer. Subsequent extensions may not be possible with your current LC but with one extension you will be getting more time to plan things.

I would say before 6 months of your current H1 expiration i.e August 05 time frame, you should be able to file extension (and transfer if required).

I am sure you have ways to stay in status...

Good Luck,
MD2001


akela said:
Thaks guys!!
My company is one of the biggest company in US. I doubt they will do anything like not canceal my H1. tHEY WILL DO WHAT THEy do regardless.
In such case what a company can do


thx
A
Click to expand...
 
What documents do I need to proove or horde (if u will) to proove that my GC has been pending. Where do I get them from, Lawyer or employer??

Thanks,
a
 
Flood of approvals by Dallas BEC.

See message below by user_id shaaka.....in the Dallas BEC Approval Queue Tracker


##################################################


#69 13th May 2005, 03:36 PM
shaaka
Registered User Join Date: Mar 2005
Posts: 48

Approvals flooding over my attorney's office

--------------------------------------------------------------------------------

Guys,

My lawyer received lot of approvals for RIR cases from Dallas BEC. Some of them are 2001 and lot of 2002 approvals.

All approvals are from Dallas BEC

She said that latest approvals she got is for Mar 2002, End of Apr 2002 . She got this approvals in last week of Apr 2005.... .

She said Dallas BEC queue is far beyond Aug 2002.

When i asked how do you know about the queue she said, she sent a email query to find the status about one Aug 2002 RIR case and she got reply back with "FINAL REVIEW". That's how she confirmed this.


ICARUS.......Looks like you will need to give a queue status update..Where is the queue exactly now......
 
1. Labor filing (at SWA) receipt notice, your lawyer should have this.
2. Copy of your labor filing and any receipt received from Regional DOL.

Start collecting these documents even if you are not affected.

Thx

akela said:
What documents do I need to proove or horde (if u will) to proove that my GC has been pending. Where do I get them from, Lawyer or employer??

Thanks,
a
Click to expand...
 
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