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Backlog Processing Center Labor processing for those who applied before Mar 28

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  #16 (permalink)  
Old 07-12-2006, 10:07 AM
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Feb-04
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EB2
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delayed is on a distinguished road
Default Post 45 day letter

My company is willing to do PERM but the lawyers mentioned:

1. I can not have PERM as well as Traditional LC filing. The DOL will reject one.

2. Its better to stick to Traditional as I would need the priority date from there (Feb 2004).

After recieving 45 day letter, how long is the delay for the LC stage ? I have EB2, Feb 2004, California, Traditional.

Delayed
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  #17 (permalink)  
Old 07-14-2006, 09:45 PM
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Bezzy is on a distinguished road
Exclamation

Quote:
Originally Posted by delayed
My company is willing to do PERM but the lawyers mentioned:

1. I can not have PERM as well as Traditional LC filing. The DOL will reject one.

2. Its better to stick to Traditional as I would need the priority date from there (Feb 2004).

After recieving 45 day letter, how long is the delay for the LC stage ? I have EB2, Feb 2004, California, Traditional.

Delayed
--
Depending where you get the 45 days letter from? Dallas or Philly?
California applications been splitted between these two backlog centers ...
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  #18 (permalink)  
Old 07-25-2006, 05:25 PM
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wigc04 is on a distinguished road
Default Moving for job during GC

Appreciate if some one could let me know if it is OK to move for work from Place A to Place B with the following scenario.

Planning to move from place A to place B. Place A still exists. The job description will be the same, but the job in place B it is a higher (promotion) position. My LC is certified recently and planning to apply for I140. Place A is under Dallas BEC and Place B will be under Philadelphia BEC.

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


Quote:
Originally Posted by logiclife
I am sorry to break to you this bad news Rishi. You lawyer probably will have the same thing to say.

If the position for which your GC labor was filed is having a location in IL, and the company does not have any offices/facilities in IL, then it proves that it will not be possible for you to work in IL after your get your greencard.

While your greencard is in process, you can change the job location(not the job description though) between the start of labor and the end of 485. However, from stages A thru Z, USCIS must believe that you will take up the job offer at the location in your labor with the same job description after you get your greencard.

Now, if the company had offices in IL, and they simply asked you to work out of NY, then you would have been fine. Your greencard would continue and USCIS would believe that upon receiving greencard, you will relocate to IL from NY. However, that is not possible anymore. You cannot convince USCIS that you will take up the job mentioned in your labor in IL upon receiving GC since the company has no facilities/offices in IL. You cannot prove that in your I140 that there is a job in IL and there is an address, IL tax id etc.

Moving from location A to location B within the same company during the greencard process is ok only if location A exists and there is an office at location A that you can GO BACK TO upon receiving the greencard. IN that case, you can keep moving your location and even employers. One thing you cannot change is your job description. But while you change location and employers, to keep your greencard process alive, the position mentioned in the labor of greencard must be such that it exists and its something you can accept upon receiving greencard. Another thing. If you move from location A to location B within the same employer who has filed your greencard, and if by chance, your I 485 get approved in less than 180 days(unlikely) then YOU HAVE TO REALLY GO BACK TO LOCATION A mentioned in your labor as soon as you get your greencard(485 approved). That is because, if your 485 is approved in less than 180 days, you cannot invoke your AC21 and you have to abide by the "Future employment" promised in your GC labor. However, if you have move since your GC filing and if your 485 takes more than 180 days, then you dont have to go back to the location A mentioned in your labor and you can continue working in location B. The job description must not change though.
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  #19 (permalink)  
Old 08-24-2006, 10:50 PM
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Dec-04
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India
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mangal can only hope to improve
Default labor problem

hi guys,
I m loging first time in this forum.
i applied my G.C. from newjersey and mennosota now mennosota company is already closed and newjersey is still open and i got 45 day letter from dallas, so is there any problem for me...i called my lawyer office and they said that now only two backlog centre is available and u choose for dallas,so i dont know is it true?because if my company is in newjersey so i suppose to get letter from philadelphia backlog centre.
pls. reply me back
P.D. Dec2004
EB2

Last edited by mangal; 08-24-2006 at 10:56 PM.
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  #20 (permalink)  
Old 09-10-2006, 03:02 PM
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Dec-04
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India
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Join Date: Jul 2006
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mangal can only hope to improve
Default 45 days letter comes from different centre

hi my name is mangal,
i have same problem.My GC was filed in n.j. and m.n. now my company close m.n.(mennosota) office and i received letter from dallas centre,now m.n. comes in dallas and n.j. comes in phila. so i called my layer and he told me that its ok...do u think so it might be problem for me...still i dont belive it..
pls reply me back.
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  #21 (permalink)  
Old 09-11-2006, 03:27 AM
Senior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
07/28/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
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:
07/28/2007
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Join Date: May 2006
Posts: 198
rbharol will become famous soon enough rbharol will become famous soon enough
Default

Quote:
Originally Posted by delayed
My company is willing to do PERM but the lawyers mentioned:

1. I can not have PERM as well as Traditional LC filing. The DOL will reject one.

2. Its better to stick to Traditional as I would need the priority date from there (Feb 2004).

After recieving 45 day letter, how long is the delay for the LC stage ? I have EB2, Feb 2004, California, Traditional.

Delayed
--
Not True.
My lawyers told me that I can file PERM while my traditional is in "Backlog ACCUMULATION center".
He filed my PERM As well and I got it approved. I-140 is filed based upon the new PERM Approval. Lawyer says that when the old labor gets approved, we shall file another I-140 if it is needed to capture that priority date.

Not only mine many of my colleagues in my company too did the same.
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  #22 (permalink)  
Old 10-03-2006, 01:45 AM
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Apr-04
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nparikh is on a distinguished road
Default Moved to another location, working from home

Thanks for everyone providing the feedback... this has helped me quite a bit.

Question:

I applied while living in New Jersey, and have now moved to Arizona still working for the New Jersey office. The lawyer received my 45 day letter in April of 2006 - and haven't heard anything yet. I work from home, and my company has no office in Arizona. Does anyone see this as a problem??

Thanks!!
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