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45-days letter of Labor Certification

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  • 45-days letter of Labor Certification

    I had filed my Labor Cert on October 03 in Oklahoma and I am awared that all the case has been transfered to Dallas Backlog Centre. As of today, I haven't received my 45-days letter that asked you if you wanna to continue the application. I had checked with both of my human resource department and my lawyer, they both said they haven't received the letter yet and I am started to worry if they have lost my case during the transfer. Does anyone here have the same issues or is it just me? Is there anyway I can contact the Dallas Backlog Centre about the 45-days letter. Any advice would be much appreciated. Thanks

  • #2
    I had filed my Labor Cert on October 03 in Oklahoma and I am awared that all the case has been transfered to Dallas Backlog Centre. As of today, I haven't received my 45-days letter that asked you if you wanna to continue the application. I had checked with both of my human resource department and my lawyer, they both said they haven't received the letter yet and I am started to worry if they have lost my case during the transfer. Does anyone here have the same issues or is it just me? Is there anyway I can contact the Dallas Backlog Centre about the 45-days letter. Any advice would be much appreciated. Thanks

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    • #3
      I have the same problem like you in Virginia. I have not received the 45 days letter.
      I guess there is no need to be worried at this time, since I know of many people with the same condition at work.
      Please keep us updated of your status!

      Comment


      • #4
        Are you currently in H-1B status?

        Many countries are now subject to retrogression meaning they have to wait until their number is current they can file the I-485 (this can take a few years sometimes) Therefore they have to have the H-1B extended in order to keep working. Unfortunately extensions of the H-1B can only be filed past the sixth year if the labor cert or PERM was filed prior to the beigining of the sixth year in H-1B status.

        Some people may advise you to ask your employer to refile the petition under PERM so that you can speed up the laboer cert process. KEEP IN MIND THOUGH that you can only re-file under PERM AND KEEP YOUR CURRENT PRIORITY DATE if there has been no change the job (title location pay etc).

        this can be an issue if your previous priority date was prior to the beginning of the 6th year of your H-1B status and you are currently past the beginning of the sixth year.


        If you can not refile under PERM and keep the priority date all you can do is wait for backlog processing to continue and hope the ETA 750 was not lost.

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        • #5
          Thanks for your reply. Kasra, my labor cert was filed on October 2003 (I wasn't very clear about my filling date in my first discussion), and haven't even received the 45 days letter. When was yours or the people you know filed on?

          Sugarpuff, yes I am under my second H1b status, I still have 2.5 years left. I am from Malaysia and I don't believe that my country is currently under retrogression. I thought about refile under PERM however, I have waited for more than 2 years now and it's hard to withdraw the case and start all over again under PERM but appreciate your advise. My current concern is the 45 days letter and the backlog centre doesn't even post their processing time.

          Thanks

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          • #6
            It is not your decision whether or not the labor cert will be re-filed under PERM; it is your employers decision.

            I have seen employers get fed up waiting on paperwork and refuse to support an individual any further. I have also seen employers hold aliens hostage to the green card. If it were me I would want it all to go through ASAP so as to put the green card behind me.

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            • #7
              If you're EB3 than you're currently under retrogession regardless of country of origin. There're predictions that the EB2 for worldwide will also experience retrogession in the coming months (of course, no one is sure about one way or the other).

              In short, my suggestion is to stop waiting for the god-know-how-long backlog center to do their job and switch to PERM, providing you can retain the priority date as Sugarpuff's mentioned.

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              • #8
                Even if you don't retain the priority date you should still switch to PERM if you have 2 1/2 years left in H status. PERM applicaitons go through in about 6 months max.

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                • #9
                  Thank you all for your advise, let me get with my lawyer and look into refilling my case under PERM.

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                  • #10
                    Sugarpuff, How do I know my priority date? Is Priority Date the date I filed my ETA-750?? thanks

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                    • #11
                      I have heard the passing rate is still low if we get to apply through the Perm! It's about 20.00 %

                      Do we lose the case if the application denied via PERM?! or we can start all over again?

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                      • #12
                        Kflee: As for your question about the date I filed, I'll look it up and let you know ...

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                        • #13
                          I had consulted my lawyer. In my case, if I refile under PERM, I wouldn't be able to retain my original priority date and the PERM process takes about from 2 weeks to 140 days to get approval. Plus, the recruitment process(job advertisement,interview,etc) have to start all over again. He said it's "risky" to switch to PERM. I am not quite sure what he meant by "risky", I guess he wouldn't recommend to switch to PERM.

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                          • #14
                            Hi everybody..
                            I feel better to know that I'm not alone Currently I'm on H1B visa and my first 3 year will be up in March 2006. Supposedly I have no problem to get extension for the second 3 year.
                            I filed ETA back on November 2003 in New jersey, now is in the BLC in Philadelphia. I haven't received anything at all. Make it worst, my lawyer lost my file so I dont even know if they really did file my ETA (or not lost in the way...).
                            On top of that, I'm working with county government agency with civil services test and they don't really do advertising like private companies do. So, when my lawyer wants to see if i can apply for PERM, my employer doesn't want to do advertising stuffs since basically there is no job opening, no budget from the state and usually state the one who does the advertising.
                            Now, like Sugarpuffs said, I just have to wait forever till my 45 days arrived.
                            Hopefully will sometimes before my 6th year...
                            KflleO, apa kabar? I'm from Indonesia...
                            Hope we both get the H1B going well.. Good luck!

                            Comment


                            • #15
                              20% approval? Mind posting a link to that Kasra? That's ridiculously low....

                              srikandi:
                              If i'm not mistaken, wasn't govt agency supposed to have priority on on processing? I know its probably still a way to go, but you might take a bit of solace of knowing there's some boost to reach the end of the tunnel

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