Philadelphia Regional DOL Tracker

Spouse H4 to H1 in 7th year extension

I am in 7th year extension as my labor is pending for the last 4 years. My wife has been on H4 with me for 6+ years. Can any company apply for a new H1B petition for her? I will greatly appreciate, if somebody can share their personal experience/guidance on this issue.

Thanks in advance.
Sanjay
 
sanbaj said:
I am in 7th year extension as my labor is pending for the last 4 years. My wife has been on H4 with me for 6+ years. Can any company apply for a new H1B petition for her? I will greatly appreciate, if somebody can share their personal experience/guidance on this issue.

Thanks in advance.
Sanjay
Hi Sanjay,

Usually I don't post any replies or post. But since your case is same like mine. your spouse cannot get H1 since she has no pending labor beyond 365 days time period. She can only work when you get an EAD and that is something is like a PAHELI.
 
Visa Bulletin

Just saw from the visa bulletin that visa to EB3 are unavailable to people from China & Philipines? Is it true????
 
Beam said:
Just saw from the visa bulletin that visa to EB3 are unavailable to people from China & Philipines? Is it true????
Very much true......EB3 visa numbers unavailable for whole world until Oct 2005... That means cannot file I-485/EAD/AP ...Can only file 140 if you get LC...
..
 
Does the visa cap for I-485 also apply to CP?

What if you want to apply for Consular processing, does the visa for CP also get used out of the same pool as I-485...??
 
45-Day Letter Received? VA Priority Date 11/03/2003

Hi all,

My lawyer says that he has received and as responded back to the 45-day letter! I think he is lying for some unknown reasons! My case details are as follows and I would appreciate if you could take some time to answer the following questions:

Case Type: RIR
State: VA
Priority Date: 11/03/2003
Case did not make it to regional (unopened case)

(1) Considering my priority date, is it possible that my lawyer has received the 45-day letter?

(2) What does a typical 45-day letter contains? a scanned copy of the 45-day letter would be a great help (ofcourse you can hide your personal information)

(3) Lets assume that he has received and responded back to the 45-letter. How to track the status of my application? I tried to send an email to Philly email address that is used for tracking and they told me that they don't have information on my case yet and I should contact my employer! should I try again to send an email?

I know none of us is a lawyer but your advice based on your personal experiences would be really helpful and highly appreciated.

Thanks,
Stewart Rogers
 
Hi! Rogers,

You may have a lot of reason to doubt about your lawyers answer, but I do not see any reason he/she has to lie to you. I do not see any benefit he/she can get to lie. But based on your filing date, it will surprise me if you do receive the 45 day letter. A lot of guys in my company, whose filing date is way before yours (2 years+ before you filed your case), have not received the 45 days letter yet. And the cases do not look like to be FIFO. Some one filed before my case has not received the letter yet. May be you are lucky?

Regarding to the 45 day letter (I have a copy of mine own from my company), it does not say anything at all. It does not contain any informaion. It is a very standard government letter to the emplyer asking if the case should go forward. Nothing special. It is exactly the same as what is opened to the public as the one on the BEC website. It does not ask any information specific to the applicants. It simply ask if the employer want to proceed. That is it. So do not search for the sample letter anymore. No use.

But I can not think of why your lawyer want to lie. What is his/her advantage to lie?

You may be the lucky guy. Good luck to you.
 
Stewart__Rogers said:
Hi all,

My lawyer says that he has received and as responded back to the 45-day letter! I think he is lying for some unknown reasons! My case details are as follows and I would appreciate if you could take some time to answer the following questions:

Case Type: RIR
State: VA
Priority Date: 11/03/2003
Case did not make it to regional (unopened case)

(1) Considering my priority date, is it possible that my lawyer has received the 45-day letter?

(2) What does a typical 45-day letter contains? a scanned copy of the 45-day letter would be a great help (ofcourse you can hide your personal information)

(3) Lets assume that he has received and responded back to the 45-letter. How to track the status of my application? I tried to send an email to Philly email address that is used for tracking and they told me that they don't have information on my case yet and I should contact my employer! should I try again to send an email?

I know none of us is a lawyer but your advice based on your personal experiences would be really helpful and highly appreciated.

Thanks,
Stewart Rogers

hi

if u look at the last processing time presented by DOL in jan 15 2005,it shows that virginia was processing october 2003 case by that time. so i think ur case (early november 2003) was probably one of the last case which cleared SWA before moving them to BEC. so i think ur case is considered regional now although u didn't receive any update from phili dol. i think this is why u got ur 45 days letter bcs ur case is considered at the regional level.
 
Reason for lawyer to lie

smallriver and antonioa, thanks for your responses.

smallriver, as far as your question about why wud the lawyer lie to me is concerned, I am sure you have experienced these god damn blood sucker desi employers who will suck the every single drop of your blood just to make some $$$ and to keep you hanging in b/w until they squeeze you out enough. So considering that, I would not be surprised if the lawyer, the pet dog of my employer, lies to me b/c most of the god damn employers want their employees to be unaware of the status of the green card process and don't tell them anything @ all; they will just keep you guessing b/c they know the knowledge is power and if employees knows too much, he/she can become independent! Let me give you an example of why employers keep us in dark.

Do you know that under certain circumstences one can use the former employer's labor certification for the new employer????? But employee needs to have some kind of proof that the labor has been filed! that is the reason these suckers don't give us any kind of document to proof that labor certification is in process!

Anyway, lets talk about something productive.

Could you guys give me the phone number or any other mechanism that I could use to track my status @ Phill BEC?

By the way, does not 45-day letter contain the new case number? if not, then how BEC notifies the employer/lawyers with the new case number?

I need all that information in order to question the pet dog!

Anyone from VA with priority date around 11/2003 please be in touch. thanks.

Stewart
 
I do not know if it contains any new case number. I did not take a good look at it at all when I got it from HR. I do not have that letter with me now. I can take a look at it and let you know by tudesday.
 
Stewart__Rogers said:
Hi all,

My lawyer says that he has received and as responded back to the 45-day letter! I think he is lying for some unknown reasons! My case details are as follows and I would appreciate if you could take some time to answer the following questions:

Case Type: RIR
State: VA
Priority Date: 11/03/2003
Case did not make it to regional (unopened case)

(1) Considering my priority date, is it possible that my lawyer has received the 45-day letter?

(2) What does a typical 45-day letter contains? a scanned copy of the 45-day letter would be a great help (ofcourse you can hide your personal information)

(3) Lets assume that he has received and responded back to the 45-letter. How to track the status of my application? I tried to send an email to Philly email address that is used for tracking and they told me that they don't have information on my case yet and I should contact my employer! should I try again to send an email?

I know none of us is a lawyer but your advice based on your personal experiences would be really helpful and highly appreciated.

Thanks,
Stewart Rogers


Hi Stewart,

My Case was also filed on 30th Oct 2003, and I havent yet received the 45 Days letter. I also filed from VA and it was RIR.
 
Stewart__Rogers said:
smallriver and antonioa, thanks for your responses.

smallriver, as far as your question about why wud the lawyer lie to me is concerned, I am sure you have experienced these god damn blood sucker desi employers who will suck the every single drop of your blood just to make some $$$ and to keep you hanging in b/w until they squeeze you out enough. So considering that, I would not be surprised if the lawyer, the pet dog of my employer, lies to me b/c most of the god damn employers want their employees to be unaware of the status of the green card process and don't tell them anything @ all; they will just keep you guessing b/c they know the knowledge is power and if employees knows too much, he/she can become independent! Let me give you an example of why employers keep us in dark.

Do you know that under certain circumstences one can use the former employer's labor certification for the new employer????? But employee needs to have some kind of proof that the labor has been filed! that is the reason these suckers don't give us any kind of document to proof that labor certification is in process!

Anyway, lets talk about something productive.

Could you guys give me the phone number or any other mechanism that I could use to track my status @ Phill BEC?

By the way, does not 45-day letter contain the new case number? if not, then how BEC notifies the employer/lawyers with the new case number?

I need all that information in order to question the pet dog!

Anyone from VA with priority date around 11/2003 please be in touch. thanks.

Stewart

Ask your lawyer to send you a copy of the 45 day letter.
At least ask them for your new ETA number.
FYI... as far as I know by law they are supposed to give you a copy of everything.

Pls note I am not an expert of professional, I am just another one like you and my opinion is based on information I have recd from reliable sources.
 
Hi! Rogers,

In my 45 day letter. It has the following:

1. ETA Case Number (I do not know what this is, nor it is a new number or my old number).
2. My name
3. My occupation @ the time my case was first filed to Maryland 4 years ago
4. My filing date: 10/23/2001 to Maryland.

The others are simply orders to my emplyer asking them to respond properly and gaving warnings to my employer that it is my employer's responsiblity to respond correctly and timely, and anything wrong is my employer's mistake. The Labor Department does not take any responsibilty.

THAT IS IT.

You may ask your lawyer for the copy of your 45 day letter if he has it. In my company all the guys get a copy of their own 45 day letter. It is supposed to open to you and no secrete to hide from you anyway.

Good Luck,
 
45 day letter and case closure in error

Hi Guys,
My company's lawyer received 45 day letter for my case on 16 Feb 2005. She replied back affirmatively on 1st Mar 2005. On 21st Apr she received a letter from BPC that the case has been closed due to untimely or incomplete response.

The company's lawyer replied the letter with the proof of fedex tracking and a request to reopen the case.

My company says that the case is now open.
My question is, how can I make sure that the case is really open and my company is not giving me bull****?

Another q is, in my 45 day letter, the ETA case number does not match the case number I was given earlier by my company, although the Alien's name is my name. So does the ETA case number mentioned in 45 day letter is a new case number assiged to my case?

My case details are:
EB3 Non-RIR
PD: 10/07/2003 PA
Regional received date: 01/13/2004
 
Backlog reduced. Anybody see any approval ? ? ?

06/28/2005: USCIS Report of Immigration Benefits Backlog Statistics

The last time the DHS updated the immigration statistics on a monthly basis was February 2005. Since then for the unknown reasons, the DHS ceased to release the monthly statistics.
It is interesting to learn that the USCIS is releasing selectively some of the immigration statitstics in the form of its public relations campaign on the web site. The latest campaign release indicates that the backlock has been reduced 69% between May 2004 and May 2005 and the backlog numbers has been reduced from 3,419,039 to 1,047,096.

http://uscis.gov/graphics/publicaffairs/USCISToday_July_05.pdf

Check page 2 in the above link.

source: http://immigration-law.com then click breaking news link and scroll down.
 
raj_vagc_oct02

raj_vagc_oct02 said:
Guys,

What happened to this tracker. I dont see it any more.

the tracker has moved to a different thread called "Backlog Elimination Centers"...check under the list of threads.
 
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