Tracker for EB3 cases
- Thread starter mohanmurali
- Start date
nsk99-
Can you please let us know what was your experience and time frame to get a approval?.
Im surprised to know that opening an old file would require so much effort by INS.
Guys who have got approval through substitution, can you please share your experience.
-Thanks.
Can you please let us know what was your experience and time frame to get a approval?.
Im surprised to know that opening an old file would require so much effort by INS.
Guys who have got approval through substitution, can you please share your experience.
-Thanks.
rambo2002CA
Registered Users (C)
Substitution v/s Non Substitution
Hi Ceebee,
There have been others in my company who had filed for their I140 via substitution of an LC and they got approvals , some got RFE's but eventually got approved. On an average their waiting period was 4 mths to 6 mths (if they got RFE mostly regarding companys financials). This has been the experience with some guys from my company, but this was all of 2001.
Now with the job market deteriorating in California, Im not sure whether these kind of cases will be scrutinized closely. I have now been waiting for over 100 days and I have not even got an RFE. If the current processing date shows upto 05/17 , my assumption is that it may take a longer time for this kind of a case. I agree with you when you say that referring an old file shouldnt cause a lot of delay. But who knows. Lets hope for the best and continue playing the waiting game.
Rambo
Hi Ceebee,
There have been others in my company who had filed for their I140 via substitution of an LC and they got approvals , some got RFE's but eventually got approved. On an average their waiting period was 4 mths to 6 mths (if they got RFE mostly regarding companys financials). This has been the experience with some guys from my company, but this was all of 2001.
Now with the job market deteriorating in California, Im not sure whether these kind of cases will be scrutinized closely. I have now been waiting for over 100 days and I have not even got an RFE. If the current processing date shows upto 05/17 , my assumption is that it may take a longer time for this kind of a case. I agree with you when you say that referring an old file shouldnt cause a lot of delay. But who knows. Lets hope for the best and continue playing the waiting game.
Rambo
I have been studying the RFEs
Hi guys,
I have been studying the RFEs that ppl are talking about on various boards. I feel most RFEs are happening due to incomplete lawyer legwork. This is not surprising since many lawyers didn't even know about this stuff in the heydeys of 1999-2000. LC was not a problem in those days.
Most RFEs are on
1. Company financials
This is of course the biggest cause.
I know for a fact that my company lawyer spend a lot of time collecting financial info from my HR. I am not sure if he forwarded the info to INS ... I can say they at least seemed to prepare for it.
2. Signed copy of the Form ETA 750, Part B.
Some RFEs are on this, and I believe this is required for an LC substitution to prove that the substituted candidate had the same or more qualification as the original applicant on the date of filing the original LC
3. Experience certificates
I believe that this is needed for the same reason as no 2.
So guys who are doing their LC substitutions now, make sure your lawyer is doing all this legwork. If he simply goes ahead and files the 140 without any involvement from you, alarm bells should ring.
I would like the ppl who are getting delayed or have gotten RFEs to post on what they think. Did your lawyers do this ?
-gurudev
Hi guys,
I have been studying the RFEs that ppl are talking about on various boards. I feel most RFEs are happening due to incomplete lawyer legwork. This is not surprising since many lawyers didn't even know about this stuff in the heydeys of 1999-2000. LC was not a problem in those days.
Most RFEs are on
1. Company financials
This is of course the biggest cause.
I know for a fact that my company lawyer spend a lot of time collecting financial info from my HR. I am not sure if he forwarded the info to INS ... I can say they at least seemed to prepare for it.
2. Signed copy of the Form ETA 750, Part B.
Some RFEs are on this, and I believe this is required for an LC substitution to prove that the substituted candidate had the same or more qualification as the original applicant on the date of filing the original LC
3. Experience certificates
I believe that this is needed for the same reason as no 2.
So guys who are doing their LC substitutions now, make sure your lawyer is doing all this legwork. If he simply goes ahead and files the 140 without any involvement from you, alarm bells should ring.
I would like the ppl who are getting delayed or have gotten RFEs to post on what they think. Did your lawyers do this ?
-gurudev
Will someone please help me?
Iam in CA and there is a company in NC willing to process my GC using Substitute Labor(pre-approved labor).
My question is:
1. Can I process I140 in CA instead of Texas (since the company is in NC they usually file in Texas)
2. Is CA faster then Texas?
3. Is it better to not to use a substitute, and do a regular LC first and then file I140? ( as it seems the substitution cases get
delayed very much).
I would be grateful if someone could help me.
Will someone help me please?
Iam in CA and there is a company in NC willing to process my GC using Substitute Labor(pre-approved labor).
My question is:
1. Can I process I140 in CA instead of Texas (since the company is in NC they usually file in Texas)
2. Is CA faster then Texas?
3. Is it better to not to use a substitute, and do a regular LC first and then file I140? ( as it seems the substitution cases get
delayed very much).
I would be grateful if someone could help me.
Will someone help me please?
rambo2002CA
Registered Users (C)
What is this category
Hi All,
I just sent an email to my attorney as to why the delay at INS for processing cases where LC has been substituted. His email says that as of July 19 th the processing time is 03/25/2002 for my case. (I-140 C E1- 3 3/25/2002 ). So I should wait some more.
My ND is 04/18. I thought that EB3 cases were under the
I-140 E E - 3 5/17/2002 category.
Would some one who knows the difference between these two categories please clarify what these are.
I observed that for other INS centers, there is only one I140 processing date. Less confusion that way.
Rambo
Hi All,
I just sent an email to my attorney as to why the delay at INS for processing cases where LC has been substituted. His email says that as of July 19 th the processing time is 03/25/2002 for my case. (I-140 C E1- 3 3/25/2002 ). So I should wait some more.
My ND is 04/18. I thought that EB3 cases were under the
I-140 E E - 3 5/17/2002 category.
Would some one who knows the difference between these two categories please clarify what these are.
I observed that for other INS centers, there is only one I140 processing date. Less confusion that way.
Rambo
Rambo-
Wow...Thats news!!!!!. Is there any way u can please confirm this once more...according to my lawyer the dates are 5/17.
One more confusion added i guess!!!.
At any rate if the dates are around 3/25, its a long wait. What kind of progress is this category making?.
-Thanks.
Wow...Thats news!!!!!. Is there any way u can please confirm this once more...according to my lawyer the dates are 5/17.
One more confusion added i guess!!!.
At any rate if the dates are around 3/25, its a long wait. What kind of progress is this category making?.
-Thanks.
Guys-
I just checked the processing for the category (I-140 C E1-3) that Rambo mentioned and if you read the bottom part, it mentions that the A & C fall under replace/renewal.
I guess for substitution it is 3/25
.
Upon looking at the progress that it had made over the last couple of months, it has hardly moved. Anyone with inputs on this, please share. This wait is agonizing and it would definitely make our lives more easier if the information from the lawyers is more transparent.
-Thanks.
I just checked the processing for the category (I-140 C E1-3) that Rambo mentioned and if you read the bottom part, it mentions that the A & C fall under replace/renewal.
I guess for substitution it is 3/25
.Upon looking at the progress that it had made over the last couple of months, it has hardly moved. Anyone with inputs on this, please share. This wait is agonizing and it would definitely make our lives more easier if the information from the lawyers is more transparent.
-Thanks.
EB3 classification
This link clarifies the different classifications (go to the bottom of the page):
http://www.baconanddear.com/service-centers/csc.php
It seems there is no special category for LC substituted applications. All EB3 (professional applicants) fall under I-140 E E3.
I-140 C E1-3 is for Multinational executives or Manager as per the link.
So we are back to 05/17 processing time
Hope this helps!
This link clarifies the different classifications (go to the bottom of the page):
http://www.baconanddear.com/service-centers/csc.php
It seems there is no special category for LC substituted applications. All EB3 (professional applicants) fall under I-140 E E3.
I-140 C E1-3 is for Multinational executives or Manager as per the link.
So we are back to 05/17 processing time
Hope this helps!
Last edited by a moderator:
i140limbo-
Thanks...Whew....that makes me feel better. But im still not very clear that if INS is processing cases as of 5/17, why dont we see any approvals so far?. And as far as substitution is concerned, none at all in this forum.
A request to all the guys who have applied I-140 thru substitution, can you please talk to your respective lawyers and find out why it is taking so long.
According to my lawyer, it was mentioned that substitution cases take about 2-4 weeks for additional processing apart from the normal processing. Hopefully we should hear something around early september. (Hopefully no RFE's).
Can someone please update the tracking list that was created sometime back, dont seem to find it here anymore.
-Thanks.
Thanks...Whew....that makes me feel better. But im still not very clear that if INS is processing cases as of 5/17, why dont we see any approvals so far?. And as far as substitution is concerned, none at all in this forum.
A request to all the guys who have applied I-140 thru substitution, can you please talk to your respective lawyers and find out why it is taking so long.
According to my lawyer, it was mentioned that substitution cases take about 2-4 weeks for additional processing apart from the normal processing. Hopefully we should hear something around early september. (Hopefully no RFE's).
Can someone please update the tracking list that was created sometime back, dont seem to find it here anymore.
-Thanks.
a new comer
Hi all,
Today I got to know my LC has been certified.
I'm about to file I-140 in EB3 category.
Which is better Consular Process or AOS?
I have heard it's better to decice at the I-140
filing stage. In my opinion CP in Japan is much
faster than AOS. Any pros and cons?
thanks!
kenboo
Hi all,
Today I got to know my LC has been certified.
I'm about to file I-140 in EB3 category.
Which is better Consular Process or AOS?
I have heard it's better to decice at the I-140
filing stage. In my opinion CP in Japan is much
faster than AOS. Any pros and cons?
thanks!
kenboo
rambo2002CA
Registered Users (C)
Dates progess, Concurrent processing looks OK
Hi All,
Lots of issues to discuss :
1. My attorney has agreed to file my I 485 ASAP as this rule is already in effect from 07/31/2002. I read on some other threads if lawyers were openly accepting to file 485 while 140 was pending. Fortuantely mine is
2. Processing Dates seemed to have progressed
EB3 at 05/21, yet no news from INS for me ND is 04/18
EB2 seems to have gained over EB3 now. Hope to see lots of approvals on that thread atleast.
3. What is the Priority Date for substituted LC's. Is it the date of the original LC or is it the date on which the I140 is filed. I ask this as there is going to be a rush of I485 filings. In such a case I wonder if the availability dates will be pushed back.
Rambo
Hi All,
Lots of issues to discuss :
1. My attorney has agreed to file my I 485 ASAP as this rule is already in effect from 07/31/2002. I read on some other threads if lawyers were openly accepting to file 485 while 140 was pending. Fortuantely mine is
2. Processing Dates seemed to have progressed
EB3 at 05/21, yet no news from INS for me ND is 04/18
EB2 seems to have gained over EB3 now. Hope to see lots of approvals on that thread atleast.
3. What is the Priority Date for substituted LC's. Is it the date of the original LC or is it the date on which the I140 is filed. I ask this as there is going to be a rush of I485 filings. In such a case I wonder if the availability dates will be pushed back.
Rambo
rambo2002CA
Registered Users (C)
Dates progess, Concurrent processing looks OK
Hi All,
Lots of issues to discuss :
1. My attorney has agreed to file my I 485 ASAP as this rule is already in effect from 07/31/2002. I read on some other threads if lawyers were openly accepting to file 485 while 140 was pending. Fortuantely mine is
2. Processing Dates seemed to have progressed
EB3 at 05/21, yet no news from INS for me ND is 04/18
EB2 seems to have gained over EB3 now. Hope to see lots of approvals on that thread atleast.
3. What is the Priority Date for substituted LC's. Is it the date of the original LC or is it the date on which the I140 is filed. I ask this as there is going to be a rush of I485 filings. In such a case I wonder if the availability dates will be pushed back.
Rambo
Hi All,
Lots of issues to discuss :
1. My attorney has agreed to file my I 485 ASAP as this rule is already in effect from 07/31/2002. I read on some other threads if lawyers were openly accepting to file 485 while 140 was pending. Fortuantely mine is
2. Processing Dates seemed to have progressed
EB3 at 05/21, yet no news from INS for me ND is 04/18
EB2 seems to have gained over EB3 now. Hope to see lots of approvals on that thread atleast.
3. What is the Priority Date for substituted LC's. Is it the date of the original LC or is it the date on which the I140 is filed. I ask this as there is going to be a rush of I485 filings. In such a case I wonder if the availability dates will be pushed back.
Rambo
CEEBEE
CEEBEE,
I have a question. My company had applied for my labor certification (Job: Software - category:RIR) at the SFO DOL. The federal DOL received the application on Nov 19th 2001. SFO DOL had reviewed the application and "remanded the application to employer" on May 31st 2002 (since the job was in the software area). My employer had advertised for a period of 2 weeks and sent back the response to DOL on July 2nd 2002. We have not heard back from DOL yet. Appreciate if you can let me know if you have had (or know of anyone who has had experience) with this type of case. How long does it take for DOL to respond? What has been the typical reponse? Does the automatic voice mail get updated as soon as the status gets changed?
Appreciate your assistance. I understand that this is an I140 forum - but thought would get some inputs from people like you who may be experienced in my type of a case.
Thanks ,
ZEBRAUS1 (formerly posted message as ZEBRAUS)
CEEBEE,
I have a question. My company had applied for my labor certification (Job: Software - category:RIR) at the SFO DOL. The federal DOL received the application on Nov 19th 2001. SFO DOL had reviewed the application and "remanded the application to employer" on May 31st 2002 (since the job was in the software area). My employer had advertised for a period of 2 weeks and sent back the response to DOL on July 2nd 2002. We have not heard back from DOL yet. Appreciate if you can let me know if you have had (or know of anyone who has had experience) with this type of case. How long does it take for DOL to respond? What has been the typical reponse? Does the automatic voice mail get updated as soon as the status gets changed?
Appreciate your assistance. I understand that this is an I140 forum - but thought would get some inputs from people like you who may be experienced in my type of a case.
Thanks ,
ZEBRAUS1 (formerly posted message as ZEBRAUS)
zebraus1-
We posted the Ad for about 2 weeks and got a reply from the DOL in about a weeks time.
Iam not sure about the AVM system. Ideally you should hear from the DOL in about 2 weeks time.
Was the Ad that was posted similar to the original one?. Did you get any responses for that Ad?. Did you company have any layoff's?.
It depends on a lot of factors, kindly ask you lawyer to follow up and see if he can through any light, in the interim keep praying, thats the least we can do.
-Thanks.
We posted the Ad for about 2 weeks and got a reply from the DOL in about a weeks time.
Iam not sure about the AVM system. Ideally you should hear from the DOL in about 2 weeks time.
Was the Ad that was posted similar to the original one?. Did you get any responses for that Ad?. Did you company have any layoff's?.
It depends on a lot of factors, kindly ask you lawyer to follow up and see if he can through any light, in the interim keep praying, thats the least we can do
.-Thanks.
Ramboo-
Wow, EB2 is finally moving, thats great news for EB2 people. However it is surprising to know that you havent heard from the INS yet. My lawyer has asked me to wait till the INS processes cases pass the 30 days of my RD. Any inputs from your lawyer?.
If this is the waiting period then the processing date by the INS is definetly deceptive.
Anyone else on this forum getting approvals for I-140 and havinf RD somewhere in April or May, please post.
Unfortunately my lawyer is reluctant to file 485, he thinks there a lot of grey areas and they are in the process of finding the details.
Good luck on the 485 though.
-Thanks.
Wow, EB2 is finally moving, thats great news for EB2 people. However it is surprising to know that you havent heard from the INS yet. My lawyer has asked me to wait till the INS processes cases pass the 30 days of my RD. Any inputs from your lawyer?.
If this is the waiting period then the processing date by the INS is definetly deceptive.
Anyone else on this forum getting approvals for I-140 and havinf RD somewhere in April or May, please post.
Unfortunately my lawyer is reluctant to file 485, he thinks there a lot of grey areas and they are in the process of finding the details.
Good luck on the 485 though.
-Thanks.
rambo2002CA
Registered Users (C)
EB3.txt
Hi All,
I have compiled everyones data in the file EB3.txt. Please take time to go through it and check if this is accurate.
Ceebee,
As of last night no news from INS regards my case(ND 04/18). As I mentioned earlier my attorney thinks that my case is under the other category as mentioned in an earlier post.(Some ppl wont listen). So for "that category" the date is 04/11 so Im gonna bother my attorney only in two weeks. Lets hope I hear something before that.
VishDev,
your case is earlier to mine. Have you received any further info ?
nsk99,
can you please provide further details about your case so that I could update this file
Rambo
Hi All,
I have compiled everyones data in the file EB3.txt. Please take time to go through it and check if this is accurate.
Ceebee,
As of last night no news from INS regards my case(ND 04/18). As I mentioned earlier my attorney thinks that my case is under the other category as mentioned in an earlier post.(Some ppl wont listen). So for "that category" the date is 04/11 so Im gonna bother my attorney only in two weeks. Lets hope I hear something before that.
VishDev,
your case is earlier to mine. Have you received any further info ?
nsk99,
can you please provide further details about your case so that I could update this file
Rambo
Rambo-
Thanks for preparing the list. That is very helpful. However i would like people to keep updating the list so that we can track the cases and know what to expect.
It surprised me to know that there are just a handful of cases, I am sure that there should be more EB3 cases being under process.
Does anyone know if any regular I-140 EB3 cases are getting approval?.
Since EB2 is processing faster than EB3, my guess is that the EB2 cases may be given preference in processing and we may see some more delay. Hope that my guess is wrong.
My AVM message has changed from 60-90 days to 30-60 days. Did anyone notice this change?.
-Thanks.
Thanks for preparing the list. That is very helpful. However i would like people to keep updating the list so that we can track the cases and know what to expect.
It surprised me to know that there are just a handful of cases, I am sure that there should be more EB3 cases being under process.
Does anyone know if any regular I-140 EB3 cases are getting approval?.
Since EB2 is processing faster than EB3, my guess is that the EB2 cases may be given preference in processing and we may see some more delay. Hope that my guess is wrong.
My AVM message has changed from 60-90 days to 30-60 days. Did anyone notice this change?.
-Thanks.
gonna file I-140, I-485 concurrently
Today I talked to my lawyer, and he agreed to file I-140 and I-485 concurrently.
- my wife can get a work permit in 3 months
- probably faster than consular processing
- I-485 is safer than CP since lawyers can negotiate
it looks all good.
So long as I keep H1B status, I can freely leave/reenter
the USA even while filing I-485. So this is the best way
to do.
kenboo
Today I talked to my lawyer, and he agreed to file I-140 and I-485 concurrently.
- my wife can get a work permit in 3 months
- probably faster than consular processing
- I-485 is safer than CP since lawyers can negotiate
it looks all good.
So long as I keep H1B status, I can freely leave/reenter
the USA even while filing I-485. So this is the best way
to do.
kenboo