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

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  #1 (permalink)  
Old 07-01-2006, 10:45 PM
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Question 45 day Letter Response

My RIR labor was filed in Illinois in Nov. of 2004. In Nov. of 2004, the company closed its Illinois office, but is still operating in New York and is still offering the position. We got a 45 day letter from the Dallas backlog center, asking for proof of existence. Is there a risk of having the labor certification denied if we change the address to New York? Is there a chance they will ask for additional recruitment?


Your input in this regard will be highly appreciated.
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  #2 (permalink)  
Old 07-01-2006, 11:13 PM
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iptel will become famous soon enough
Default Another Plight of being Legal

Quote:
Originally Posted by Rishi123
My RIR labor was filed in Illinois in Nov. of 2004. In Nov. of 2004, the company closed its Illinois office, but is still operating in New York and is still offering the position. We got a 45 day letter from the Dallas backlog center, asking for proof of existence. Is there a risk of having the labor certification denied if we change the address to New York? Is there a chance they will ask for additional recruitment?


Your input in this regard will be highly appreciated.
I am in same boat as you are in I was in CO company asked me to move in CA.
My attorney told me that my LC will potentially move forward but file in PERM as backup. One good thing in my case is CA and CO both come under jurisdiction of Dallas BEC. Kind of surprised to know IL is in Dallas BEC jurisdiction. If I am not mistaken NY is in Philadelphia BEC. So please make sure your 45 days letter really came from Dallas or Philly. If its in Philly I think it should be fine. Contact some good Attorney .
Well both of us are legal and see how we are punished for being legal. Cross southern border ILLEGALLY and you decide where you want work or move.
Welcome to the real world....

Last edited by iptel; 07-01-2006 at 11:15 PM.
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  #3 (permalink)  
Old 07-01-2006, 11:54 PM
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If labor and I-140 is approved, then we can change place of work i,e from one state to another, for the same company.

Or place of work is still a cordon in our throat ?
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  #4 (permalink)  
Old 07-02-2006, 12:01 AM
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iptel will become famous soon enough
Default Still Cordon

Quote:
Originally Posted by ashismaity
If labor and I-140 is approved, then we can change place of work i,e from one state to another, for the same company.

Or place of work is still a cordon in our throat ?

Remember GC is for future employment so LC is meant for the work location after you get GC. So technically once you get GC you have to work in the location for where you have filed your LC. Ofcourse you have AC21 after
I-140 but it has its own complication.
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  #5 (permalink)  
Old 07-02-2006, 12:11 AM
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If LC Work location is tied to future employment, then why a transfer while the GC process is going on, initiates a new LC process ?

I can go to new office because the company might have closed the office, but who knows they can get some work in future in that place.


Quote:
Originally Posted by iptel
Remember GC is for future employment so LC is meant for the work location after you get GC. So technically once you get GC you have to work in the location for where you have filed your LC. Ofcourse you have AC21 after
I-140 but it has its own complication.
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  #6 (permalink)  
Old 07-02-2006, 12:29 AM
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Default

Quote:
Originally Posted by iptel
I am in same boat as you are in I was in CO company asked me to move in CA.
My attorney told me that my LC will potentially move forward but file in PERM as backup. One good thing in my case is CA and CO both come under jurisdiction of Dallas BEC. Kind of surprised to know IL is in Dallas BEC jurisdiction. If I am not mistaken NY is in Philadelphia BEC. So please make sure your 45 days letter really came from Dallas or Philly. If its in Philly I think it should be fine. Contact some good Attorney .
Well both of us are legal and see how we are punished for being legal. Cross southern border ILLEGALLY and you decide where you want work or move.
Welcome to the real world....
Thanks for sharing thoughts
Presently I got the 45 day letter from Dallas..since IL cases are supposed to go to Dallas....Now if I change the address to NY...then per process it should do to Philli ..Backlog center...So I am not sure how this is going to work...
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  #7 (permalink)  
Old 07-02-2006, 02:04 AM
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Default Company not having offices - That is bad news

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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  #8 (permalink)  
Old 07-02-2006, 02:14 AM
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iptel will become famous soon enough
Default

Quote:
Originally Posted by ashismaity
If LC Work location is tied to future employment, then why a transfer while the GC process is going on, initiates a new LC process ?

I can go to new office because the company might have closed the office, but who knows they can get some work in future in that place.
Here the question is receiving 45 days letter. Which means green card process or LC certification has NOT started yet. Yes you are right once started then person is in boiling hot water now Rishi and myself is in warm water
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  #9 (permalink)  
Old 07-02-2006, 12:54 PM
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Default

Quote:
Originally Posted by ashismaity
If LC Work location is tied to future employment, then why a transfer while the GC process is going on, initiates a new LC process ?

I can go to new office because the company might have closed the office, but who knows they can get some work in future in that place.
This is my personal opinion.

This has to with your labor approval. According to the old labor rules, DOL considers that labor availability in different local markets varies depending on the region. For example, Midwest might not attract that many candidates compared to NY etc ... Once they are certain that there are not any available candidates for the permanent position, they will let you apply for the labor petition. Change of employment place means the old labor test is invalidated and you have to restart to verify labor nonavailability in the new work location.

If they closed the office location in the old place, that means essentially the future permanent job offer also was gone.
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  #10 (permalink)  
Old 07-02-2006, 03:54 PM
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Default

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.

Thanks for you elaborate response..Your are right..Will need to have a detailed discussion with the employer
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  #11 (permalink)  
Old 07-03-2006, 11:00 AM
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Default

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.

My lawyer sent me a note that they had put up in my labor that I would be working at "various unanticipated locations", it was not tied solely to Illinois..
will that make any difference.
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  #12 (permalink)  
Old 07-03-2006, 12:34 PM
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In this case, you will be absolutely fine.
Quote:
Originally Posted by Rishi123
My lawyer sent me a note that they had put up in my labor that I would be working at "various unanticipated locations", it was not tied solely to Illinois..
will that make any difference.
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  #13 (permalink)  
Old 07-03-2006, 04:37 PM
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Default

I saw there is another similar post on the forum "Dallas Backlog Elimination Center Tracking" under the user id "rahulmahajan", I am not sure you are the same person or not but anyway your situation is very sensitive, so talk to a very good immigration attorney, don't screwed up your GC process.

Here is my opinion anyway, you might know already, I am just reminding you, LC is for future job only, if your company closed their operation in IL then you could not use this LC any more. Unforetunately DOL does not have option to transfer LC. I don't think you have any other choice but PERM (probably you could keep your old PD when you apply for PERM).

Again, my suggestion would be talk to a really good immigration attorney.

Quote:
Originally Posted by Rishi123
My RIR labor was filed in Illinois in Nov. of 2004. In Nov. of 2004, the company closed its Illinois office, but is still operating in New York and is still offering the position. We got a 45 day letter from the Dallas backlog center, asking for proof of existence. Is there a risk of having the labor certification denied if we change the address to New York? Is there a chance they will ask for additional recruitment?


Your input in this regard will be highly appreciated.
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  #14 (permalink)  
Old 07-10-2006, 03:47 PM
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Default

Quote:
Originally Posted by iptel
I am in same boat as you are in I was in CO company asked me to move in CA.
My attorney told me that my LC will potentially move forward but file in PERM as backup. One good thing in my case is CA and CO both come under jurisdiction of Dallas BEC. Kind of surprised to know IL is in Dallas BEC jurisdiction. If I am not mistaken NY is in Philadelphia BEC. So please make sure your 45 days letter really came from Dallas or Philly. If its in Philly I think it should be fine. Contact some good Attorney .
Well both of us are legal and see how we are punished for being legal. Cross southern border ILLEGALLY and you decide where you want work or move.
Welcome to the real world....

You are right welcome to the painfull world of legal immigration...Well a quick question that can throuw some light on my case...Did you lawyer finally change the adress on the relevent forms..What were those forms ? What was the main argument he put in regarding the change of the address..If you don't mid could you provide contact information of your lawyer, I am willing to go for a paid consultation with him.
Thanks in advance
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  #15 (permalink)  
Old 07-11-2006, 01:34 PM
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Default 45 day lettert

Hello,

I have a question. My lawer told me that they recieved a 45 day letter from the DOL in Dallas. HOwever, I have yet to see that letter. This was 6 monts ago. My company has since applied PERM wih is approved, and I140 approved. In any case, to take benefit of retrogression, i would sitll like to get my old labor approved as weel that way I can file for my 485 right now since my old priority date is current.

Anyways, the question is, what does the 45 day letter states. Is it in a form of a letter to the attorney or to the company. Does the attorney actually recevies a letter. IF so, my attorney should be able to send my company a copy of that letter right? Well apparantlly he tells me that he responded to that letter and that all I needed to know. This is making me worried a little bit.

Comments appreciated.
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