Philadelphia Backlog Elimination Center Tracking

H1B != Labor certification

sbdol said:
.


In order to get an H1B one must get a permisison from the department of labor. So in fact everyone on H1B already has an approved labor certification. Why does he need to apply the second time ?
Let all H1B go directly to the I140 and your problem is solved and none of the laws is broken.

sbdol, when we get an H1 approved, we fill out a Labor Condition Application - that we are getting the prevailing wage, that is all. A Labor Certification attests that no able and willing American worker can be found for the job in question. Hence the two are fundamentally different.

IV cares about BEC victims - IV's webmaster and 2 core members are stuck in labor cert - but we will get laughed out if we ask for all BEC victims' applications to be approved automatically.

IV is asking for a realistic solution to the BEC problem, by increasing funding for the BECs. This will include a fee on new labor cert applications, and perhaps a premium processing fee for existing applications. The labor cert system carries no fees currently, and hence is set up for failure.

If we ask for automatic approval, Tancredo et al will immediately lump us with the illegals, saying that we want rules to be broken or bent. That will never fly.

If you have realistic ideas for the BEC victims, please post at IV. Please contribute to IV. As you know, a non-shareholder at any company has no rights whatsoever.

Don't expect IV to monitor every post on the Philly BEC forum and post replies.

What has frustrated me over the last couple months on this PBEC forum is that people complain like crazy and ask for unrealistic solutions like automatically clearing labor certs. All people do on this forum is *itch and moan. People like USCISMockery can only complain and criticize. They want IV to work on their issue but won't contribute money or efforts to IV. IV is a voluntary organization, and will go whereever the volunteers that are participating, steer it. If you want IV to work on your issues, get involved.
 
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IV and BEC

Guys:
Its a known proverb that 2 indians make three parties. I believe it is true for rest of us.. No flames, I have no intention to denigrate my country. But the truth of the matter is that, we are fighting for last 2 days over retrogression or BEC. One party is trying to convince that they are tryiing to fight against BECs, and the other party does not believe so.

In my take both are important(This is not rocket science to understand this), but first thing comes first. Backlogs are to be removed first, and then if retrogression gets relieved, thats a bonus.

I am thankful to the IV.org that they are trying to do something regarding retrogression, and may be somrthing about BECs. Its really a commendable effort. However I do not understand why some of the IV members are writing discouraging the lawsuite.

Please don't get devided and fight among ourselves. IV guys, please follow your agenda and we will join you when we come out of the mess(Or at the same time). For now BECs is the issue, and to my belief lawsuite is the only option, and lets all support that wholeheartedly.

Everyone is free to express their own thought. My request to Tanveer and other is not to get inflamed and write a reply that invite another of same kind.

From now onwards, please concentrate on fund collection for the lawsuite. Tell your friends in your office who are also in the same boat. If someone is reluctant, ask them if they are comfortable if their lifeline is lying somewhere in a warehouse and getting poked by forklifts.
 
Hi. i hope some body try to help. please
i got a letter yestrday from the PBEC and they closing my case by mistake. they calimed that i did not respond to the 45 days latter. did any body has my setuation and did they reopen the case for him/ her. and can i apply for h1-extension or should i go right away to PREM. please i waited 6 years to get that letter..i applied in APril 2001. i think i deserv more that a letter to close my case. it's my family future.
thanks
PD April 2001
45 r. AUg 2005
respond Sep 2005
closed by erro March 2006
what a nightmare
 
BEC mess and fighting against the backlogs...

googlw123 said:
Guys:
Its a known proverb that 2 indians make three parties. I believe it is true for rest of us.. No flames, I have no intention to denigrate my country. But the truth of the matter is that, we are fighting for last 2 days over retrogression or BEC. One party is trying to convince that they are tryiing to fight against BECs, and the other party does not believe so.

In my take both are important(This is not rocket science to understand this), but first thing comes first. Backlogs are to be removed first, and then if retrogression gets relieved, thats a bonus.

I am thankful to the IV.org that they are trying to do something regarding retrogression, and may be somrthing about BECs. Its really a commendable effort. However I do not understand why some of the IV members are writing discouraging the lawsuite.

Please don't get devided and fight among ourselves. IV guys, please follow your agenda and we will join you when we come out of the mess(Or at the same time). For now BECs is the issue, and to my belief lawsuite is the only option, and lets all support that wholeheartedly.

Everyone is free to express their own thought. My request to Tanveer and other is not to get inflamed and write a reply that invite another of same kind.

From now onwards, please concentrate on fund collection for the lawsuite. Tell your friends in your office who are also in the same boat. If someone is reluctant, ask them if they are comfortable if their lifeline is lying somewhere in a warehouse and getting poked by forklifts.

To me, it seems that many of us are not coming out whole-heartedly for filing lawsuit or taking some serious actions just simply because:

1. Many of us have hope that our labor will get approved in few months or at the most in an year from now. So, why contribute money on lawsuit or give our personal time to do something seriously on this BEC issue?

2. If all of us are being told "officially" that our labor will take another three to four years from now, everyone of us will gather the required momentum to fight.

You will see my point when you compare this with the retrogression event.

When first time the retrogression of PDs was announced in October 2005 visa bulletin (EB3 PD for India retrogressed to 1-Jan-1998 - a retrogression of about 8 years), all those who were waiting at I-140, I-485 and even some of us who were waiting at BECs, immediately came forward to do something for this. In mere few days, techworkers group was formed and many of us are aware that they could bolster support from thousands of guys waiting in the process. Why IV.org is able to oragnize better than us - I think reason is that there is a little ambiguity about how much wait is involved with PD cutoffs as they are officially announced wait times.

One more reason is that we do not have even any serious support from immigration lawyers organizations such as AILA.org and from their members on this issue.
 
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Hi. i hope some body try to help. please
i got a letter yestrday from the PBEC and they closing my case by mistake. they calimed that i did not respond to the 45 days latter. did any body has my setuation and did they reopen the case for him/ her. and can i apply for h1-extension or should i go right away to PREM. please i waited 6 years to get that letter..i applied in APril 2001. i think i deserv more that a letter to close my case. it's my family future.
thanks
PD April 2001
45 r. AUg 2005
respond Sep 2005
closed by erro March 2006
what a nightmare
 
elassar...

I know you must have had a sleepless night...

Speak to your attorney and get it 'opened' rightaway..it has happened to some members here, so dont panic....If you file to thru PERM you will lose such a good Priority Date, which is not good

Catch hold of your attorney...looks like 2001 cases r getting approved, so dont lose heart...this time mail it with a 'acknowledgemnt reciept' mail...

now it makes me think I shud have done that after hearing these horror stories
 
elassar....

tell your problem thru the attorney and mail it Elaine Chao in detail....thats the address, this cud be the quickest and safest path to avoid any more delay... give a thought to this...


The Honorable Elaine L. Chao
Secretary of U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC 20210
Elaine Chao's email is:
secretaryelainechao@dol.gov
Fax number for Office of the Secretary 202-693-6111
 
mch,

What was your priority date? The approval was from PBEC, correct?
When was it actually approved?

Thanks.

mch said:
details of approved labor:
EB2 RIR case
Case was filed thru Washington DC
Case was received by DOL on November 30, 2001.
Got 45 Day Notice Letter on :: April 12 2005


The funny thing is I spent $200 to consult with a Murthy lawyer the day before and was ready to go ahead and apply PERM labor as I had an earlier approved Priority date(current) from an earlier approved I-140.

Good luck to all you who are waiting - hope it happens sooner than later.
 
dvp1961 said:
To me, it seems that many of us are not coming out whole-heartedly for filing lawsuit or taking some serious actions just simply because:

1. Many of us have hope that our labor will get approved in few months or at the most in an year from now. So, why contribute money on lawsuit or give our personal time to do something seriously on this BEC issue?

2. If all of us are being told "officially" that our labor will take another three to four years from now, everyone of us will gather the required momentum to fight.

You will see my point when you compare this with the retrogression event.

When first time the retrogression of PDs was announced in October 2005 visa bulletin (EB3 PD for India retrogressed to 1-Jan-1998 - a retrogression of about 8 years), all those who were waiting at I-140, I-485 and even some of us who were waiting at BECs, immediately came forward to do something for this. In mere few days, techworkers group was formed and many of us are aware that they could bolster support from thousands of guys waiting in the process. Why IV.org is able to oragnize better than us - I think reason is that there is a little ambiguity about how much wait is involved with PD cutoffs as they are officially announced wait times.

One more reason is that we do not have even any serious support from immigration lawyers organizations such as AILA.org and from their members on this issue.

There is much discussion regarding lawsuit Vs IV.com etc. The point is not about who's approach is right or wrong. The point is about focussing preciously few resources. A very small fraction of the much vaunted H1 community actually bothers to open their wallets and do something.
So every persons approach should be like an investor.. which approach is better organized, better planned and better executed? Which has a better chance of getting anywhere? Remember, a 5 % improvement is still better than 0 % improvement. Taking the high road and "all or nothing" position is great if you have tons of resources and want to make a point. We dont.
 
sbdol said:
.

Hello indio0617 hope you are reading this. Tell your congresswoman there is an extremely simple solution to cut the backlog i half if not more. Most of the legal immigrants who filed labor application are on H1B visa.

In order to get an H1B one must get a permisison from the department of labor. So in fact everyone on H1B already has an approved labor certification. Why does he need to apply the second time ?
Let all H1B go directly to the I140 and your problem is solved and none of the laws is broken.

Those who are not on H1B would also benefit greatly as the BEC would concentrate on their cases and would finish the job much sooner.

If IV guys do care about the backlog they can try to convey this message to the authorities.

Hi sbdol

If we request DOL to consider the LCA approved earlier for H1b as final one and ignore the LC Petition in PBEC, then it wil bring another headache.

Currently when you file an LCA petition for Labor it get approved immediately ( same day after you fax it ) so that you can file H1b quickly. If they have to verify that LCA as a final labor (like you are asking for now) it will involve delay and no one will get H1b in time which is very crucial for lot of people. Consider the 7th yr, 8th yr extension cases and people who get Pink slip and has to move to New Companies on new h1b etc. They all will be struck with this.

You can argue that LCA can be as simple as it is now. But considering that to be a Labor approved and allowing 140 filing for those cases will involve lot of changes in Laws and regulatory practices.

Funding DOL with additional fees is another option IV.ORG is contemplating. But that will also take time ( atleast a Year to implement I think). It could be a longterm solution for future Generations. How many of us are truly interested in that here.

Current Mantra is like this here

Just get my Labor and I am gone from this Hole and from next minute I will start crying about Retro and what not and fight with every one who hate IV.org.

Every one has their own agenda and there is nothing wrong about that.

We share our opinions and news here and can take something which is offered here if it suits us .

Lot of people here sometime go beyond this as well.

They do not want any kind of opinion other than what they think is correct to be published here fearing that some one might get convinced with that and followsuit which might affect him.

They don't want any single guy here to constribute for Retro efforts. They can say that why one should not support IV.ORG by spelling out his points and arguements clearly. But they should leave the decision to the Individual concerned and not take a decision for them or force anything on them.

They have become self styled Dictators in a way

Sure all these discussion will be a laughing matter as soon as you get your LC approved here.

More suggestions like you mentioned or posted by others for and against retro or PBEC should be welcomed I think
 
katrina17 said:
Hi Saknia, please don't be discourage or feel bad because of some people comment. Everybody here appreciate for what you have done, for all your help and knowledge. Just because some people disagree with you doesn't mean others too. We all here because we are all in the same boat, stuck and no where to go :). Desperate and scared at the same time and don't know what to do with all this mess.

but at least with the existance of this forum we know that we are not alone and just by knowing that is already help :)

and you and others that are willing to share their knowledge, comment (even the bad one) do make a difference. Who willing to check this forum everyday or even twice or more a day if there is no update :p

so have a nice weekend. Cheers.

Hi Katrina

Thanks for your good words. Don't worry Few anagry words cannot stop somthing happening good to people struck with Katrina. It has to continue
 
Re-open take at least three to four months now

Very sorry to hear this. I was in the same situation. My case got closed in error and Notified my company/attoney in last Nov. (2005). Get a lot help from this forums, my HR manager, my boss, my congresswoman's officer, and my attoney. And my case get reopened a few days ago.

Call PBEC with your HR manager. You need to get ride of that door keeper, and get hold with someone and follow up.
Fax and FedEx documents to PBEC.
Keep calling every week to follow up your case.

Search this forum with closed, reopen, re-open. You can get a lot good advice.

Re-open, for my case, take three to four months.

As I know, following people were in the same situation:
StressTestInUSA, Pal_1, mariner555, GC_Lover
Search all their posts may give your some ideas. It helped me, so I added them to my Buddy list.

Good luck, hope your case can be reopened before you can file your H1b extension.

elassar2005 said:
--------------------------------------------------------------------------------

Hi. i hope some body try to help. please
i got a letter yestrday from the PBEC and they closing my case by mistake. they calimed that i did not respond to the 45 days latter. did any body has my setuation and did they reopen the case for him/ her. and can i apply for h1-extension or should i go right away to PREM. please i waited 6 years to get that letter..i applied in APril 2001. i think i deserv more that a letter to close my case. it's my family future.
thanks
PD April 2001
45 r. AUg 2005
respond Sep 2005
closed by erro March 2006
what a nightmare
 
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gc9906 said:
As I know, following people were in the same situation:
StressTestInUSA, Pal_1, mariner555, GC_Lover
Search all their posts may give your some ideas. It helped me, so I added them to my Buddy list.

Good luck, hope your case can be reopened before you can file your H1b extension.

Baap re baap...!!

I was trying to help out Essar cos I keep a close track of this forum...I am not in this situation of case closed..its been more than 3yrs my case is pending, I dont want any more harrasment by my fate..!!

sorry for the confusion :)
 
gc9906 said:
Very sorry to hear this. I was in the same situation. My case got closed in error and Notified my company/attoney in last Nov. (2005). Get a lot help from this forums, my HR manager, my boss, my congresswoman's officer, and my attoney. And my case get reopened a few days ago.

Call PBEC with your HR manager. You need to get ride of that door keeper, and get hold with someone and follow up.
Fax and FedEx documents to PBEC.
Keep calling every week to follow up your case.

Search this forum with closed, reopen, re-open. You can get a lot good advice.

Re-open, for my case, take three to four months.




As I know, following people were in the same situation:
StressTestInUSA, Pal_1, mariner555, GC_Lover
Search all their posts may give your some ideas. It helped me, so I added them to my Buddy list.

Good luck, hope your case can be reopened before you can file your H1b extension.




They have closed my case too.My laywer has sent them all the documents again.
Should i tell him to follow up every week or just wait for some time.
 
googlw123 said:
Guys:
Its a known proverb that 2 indians make three parties. I believe it is true for rest of us.. No flames, I have no intention to denigrate my country. But the truth of the matter is that, we are fighting for last 2 days over retrogression or BEC. One party is trying to convince that they are tryiing to fight against BECs, and the other party does not believe so.

In my take both are important(This is not rocket science to understand this), but first thing comes first. Backlogs are to be removed first, and then if retrogression gets relieved, thats a bonus.

I am thankful to the IV.org that they are trying to do something regarding retrogression, and may be somrthing about BECs. Its really a commendable effort. However I do not understand why some of the IV members are writing discouraging the lawsuite.

Please don't get devided and fight among ourselves. IV guys, please follow your agenda and we will join you when we come out of the mess(Or at the same time). For now BECs is the issue, and to my belief lawsuite is the only option, and lets all support that wholeheartedly.

Everyone is free to express their own thought. My request to Tanveer and other is not to get inflamed and write a reply that invite another of same kind.

From now onwards, please concentrate on fund collection for the lawsuite. Tell your friends in your office who are also in the same boat. If someone is reluctant, ask them if they are comfortable if their lifeline is lying somewhere in a warehouse and getting poked by forklifts.

This is excellent post that goes right to the heart of the problem. Its quite simple we are stuck in PBEC, we are fighting for it. If we are stuck at 485 stage, we will fight for that. THats it, why its so complicated for IV or anybody to understand. If everybody is so proactive, we would be organizing rallies to safeguard our social security. Its inevitable that we have to fight for SSN funds when we are around retirement age, but that doesn't mean we start our protest right when we are in 20s 30s.

Its condemning if someone tries to discourage BEC lawsuit just to get more support for 140/485 issue.
 
dvp1961 said:
To me, it seems that many of us are not coming out whole-heartedly for filing lawsuit or taking some serious actions just simply because:

1. Many of us have hope that our labor will get approved in few months or at the most in an year from now. So, why contribute money on lawsuit or give our personal time to do something seriously on this BEC issue?

2. If all of us are being told "officially" that our labor will take another three to four years from now, everyone of us will gather the required momentum to fight.

You will see my point when you compare this with the retrogression event.

When first time the retrogression of PDs was announced in October 2005 visa bulletin (EB3 PD for India retrogressed to 1-Jan-1998 - a retrogression of about 8 years), all those who were waiting at I-140, I-485 and even some of us who were waiting at BECs, immediately came forward to do something for this. In mere few days, techworkers group was formed and many of us are aware that they could bolster support from thousands of guys waiting in the process. Why IV.org is able to oragnize better than us - I think reason is that there is a little ambiguity about how much wait is involved with PD cutoffs as they are officially announced wait times.

One more reason is that we do not have even any serious support from immigration lawyers organizations such as AILA.org and from their members on this issue.

This is another thought provocking post. THats the game plan DOL is playing. While forming BEC, if officials had forecasted Sept 2007, everybody would have jumped on bandwagon, and by this time DOL might be defending several lawsuits.

Someway if we can add anonymity, I am sure we would collect more funds for lawsuit.

I am exteremely sorry for what happened to Essr. This is as worse it can get. You should try to contact as many local politician as possible. Also, keep updating your status and efforts here.

Regarding someone criticizing skania, I think this forum is worth visiting every hour because of active members like him/her. Forums are to express your opinions, whether you agree or not. I praise her/him than someone who comes here everyday, reads everybody fighting for the issues, laughs at it and gets on with his/her life without active participation.
 
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saknia said:
Hi sbdol

Currently when you file an LCA petition for Labor it get approved immediately ( same day after you fax it ) so that you can file H1b quickly. If they have to verify that LCA as a final labor (like you are asking for now) it will involve delay and no one will get H1b in time which is very crucial for lot of people. Consider the 7th yr, 8th yr extension cases and people who get Pink slip and has to move to New Companies on new h1b etc. They all will be struck with this.
Hi saknia. There is one very slight thing that you missed in your statement. If they consider LCA as the final labor certification no one would have to extend visas.
The delay would be only for the fresh new H1 applications. And I doubt that businesses would let DOL to be so relaxed with the labor application as they are now.

I agree that this is a very long shot. By why wouldn't they approve automatically all labor certifications that have alredy passed SWAs ?
 
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H1B is also known as LCA application, Labor Conditional Application. This is a condition visa where it will expire after certain period of time. When one files the LC, Labor Certification, and gets approved it is approved for indefinite period of time. There is no expiration of such LC. The current proposal of alien beneficiary substitution of 45 days rule is still needs to be reviewed. So, I would say there is a vast difference between LCA and LC application. Getting LCA won’t let the alien to qualify to file the subsequent I-140 and I-485.
 
Sorry StressTestInUSA! Sorry for my mistake! Actually your immediate reply and detailed suggestion have helped me a lot.
 
LCKY2004 said:
They have closed my case too.My laywer has sent them all the documents again.
Should i tell him to follow up every week or just wait for some time.

Depending on your situation! For me, I don't have enough time to wait. Don't worry about it. I believe your case will be re-open finally. I didn't see anyone failed re-open in this forum. If your attorney or HR officer would like to help you call PBEC on this issue, that would help a lot.
 
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