Dallas Backlog Elimination Center Tracking

[fogman1]

Eb2 Perm?

Might not be the exactly right place to discuss, but anyway...

mnhrdc,

I talked to attorney last week. He brought some information a little bit different...

The lawyer said there is no difference between before and after PERM, except for the 95% vs 100 %. He raised an example of software engineer, Master degree with 2 year experience in network programming in Northern CA. The position on the evaluation form (from state agency?) is level 2 and salary is around 73k. He mentioned level 3 and level 4 should be around 84k and 95k. However, he thought level 2 can make strong enough a case for EB2 since it's Master already. So seems salary won't be a big issue???

Of course there are more requirements for ads and more legal burden for company, in case of audit.

My understanding is, as long as your case is well-prepared, meet the requirement and follows rules, there is no reason to reject you. (it's not illegal for them to shelve your case and do nothing). The only hassle may be the laboring advitisemeent. However, if there are qualified US workers want to and can assume your job and take your salary, there is really nothing to complain in the 1st place.

Furthermore, one important question is there any side effect to file a new PERM while keep the pending one? The attorney's answere is very likely you can do that, "no reason you can't do that". If that is the case, there is no reason not to explore the possibility of PERM.

May be answeres to all the questions will turn out soon.

30% Employers will have audit checks
Retain Documents for 5 years (electronic format is allowed)
Strict Job order postings, Advt in News papers will cost more money
100% privialing wages, EB2 is more restrictive and more Pay
Attorneys are now not sure what makes the computers to reject there applications. After a while they may start making documentation based on sucess rates.
(Remember they use to file EB3 comapred to EB2 even though you have more experience, and job requirement is allways very general in nature depending on the region)

Fallowing link may has some more info on PERM
http://www.ilw.com/lawyers/articles/2005,0314-yardum.shtm

 

[antonioa77]

Might not be the exactly right place to discuss, but anyway...

mnhrdc,

I talked to attorney last week. He brought some information a little bit different...



Furthermore, one important question is there any side effect to file a new PERM while keep the pending one? The attorney's answere is very likely you can do that, "no reason you can't do that". If that is the case, there is no reason not to explore the possibility of PERM.

May be answeres to all the questions will turn out soon.

but the problem of PERM EB-2 is that if u r in engineeirng the minimum way to get to EB-2 is that ur PW be level 3 which is in most engineering positions in high 70K $. which i doubt many people would get such a salary. so how can u go around that if ur salary is lower than 70's although ur exp or degree makes u qualify? any thought?

 

[fogman1]

the attorney showed me the salary form. I might be wrong, but I roughly recall,

basically, BS has 1 point, to advertise as an Master, you get extra 1 point, 2-4 years experience give you extra 1 point. For that case with MS+2 year, 2 year is no higher than 2-4 year, so it's only 2 points, which means level 2 and it's an EB2. So seems like for EB2, the minimium requirement is still Master or BS+5year, and the position could still be level 2.

I guess level 2 is much more achievable than level 3. Anyway the salary is future salary, isn't it?

but the problem of PERM EB-2 is that if u r in engineeirng the minimum way to get to EB-2 is that ur PW be level 3 which is in most engineering positions in high 70K $. which i doubt many people would get such a salary. so how can u go around that if ur salary is lower than 70's although ur exp or degree makes u qualify? any thought?

 

[antonioa77]

the attorney showed me the salary form. I might be wrong, but I roughly recall,

basically, BS has 1 point, to advertise as an Master, you get extra 1 point, 2-4 years experience give you extra 1 point. For that case with MS+2 year, 2 year is no higher than 2-4 year, so it's only 2 points, which means level 2 and it's an EB2. So seems like for EB2, the minimium requirement is still Master or BS+5year, and the position could still be level 2.

I guess level 2 is much more achievable than level 3. Anyway the salary is future salary, isn't it?

but if u read the way they calculate the level of PW, they say that if ur experience is in the lower end of the experience (which is for engineering 2 to 4 yrs) then add 1 point. therefore for an MS+0 yr experience the level will be calculated as follows :
1 to begin with+1 bcs of master+1 experience lower end of 2 to 4 yrs.

therefore it is level 3.

i think this is the missing part in ur calculation or i'm wrong.

 

[mnhrdc]

Pardon my ignorance - but I'd like to complete the cycle here:
what about a case where we've filed I485? Can we stop planning for H1 extension at that stage? YES Also get an EAD after 180 dyas
What is the downside of not having a valid H1B after you file 485?
If there is no extensions and if I485 gets denied the person becomes out of status
Thanks!

 

[mnhrdc]

Might not be the exactly right place to discuss, but anyway...

mnhrdc,

I talked to attorney last week. He brought some information a little bit different...

The lawyer said there is no difference between before and after PERM, except for the 95% vs 100 %. He raised an example of software engineer, Master degree with 2 year experience in network programming in Northern CA. The position on the evaluation form (from state agency?) is level 2 and salary is around 73k. He mentioned level 3 and level 4 should be around 84k and 95k. However, he thought level 2 can make strong enough a case for EB2 since it's Master already. So seems salary won't be a big issue???

Of course there are more requirements for ads and more legal burden for company, in case of audit.

My understanding is, as long as your case is well-prepared, meet the requirement and follows rules, there is no reason to reject you. (it's not illegal for them to shelve your case and do nothing). The only hassle may be the laboring advitisemeent. However, if there are qualified US workers want to and can assume your job and take your salary, there is really nothing to complain in the 1st place.

Furthermore, one important question is there any side effect to file a new PERM while keep the pending one? The attorney's answere is very likely you can do that, "no reason you can't do that". If that is the case, there is no reason not to explore the possibility of PERM.

You loose your earlier PD unless you want to convert.
I am afraid how many no. of company wants to explore this avenue since one is allready pending. This is extra time,effort,and cost for there HR dept.
Exceptions are Consultiing companies which sponsor based that employee meets expenses which is illegal. One of the major issue is prevention of Fraud in PERM which has more onus with sponsoring Employer.
May be answeres to all the questions will turn out soon.

 

[fogman1]

how to determine level and PW

I am no expert, that was also the 1st time I learnt how to calc...

Isn't the higher level, the higher salary? Isn't the purpose of PW to determine a number, given the qualification in the Ads?

so I guess it's more likely the salary of (MS + 5 year) should be higher, thus classied as level 3, than that of ( MS + 1 year) level 2...

yeh, if any one has knowledge about PW and level, please provide a link. I've been searched for a while with no luck.

thanks!

but if u read the way they calculate the level of PW, they say that if ur experience is in the lower end of the experience (which is for engineering 2 to 4 yrs) then add 1 point. therefore for an MS+0 yr experience the level will be calculated as follows :
1 to begin with+1 bcs of master+1 experience lower end of 2 to 4 yrs.

therefore it is level 3.

i think this is the missing part in ur calculation or i'm wrong.

 

[antonioa77]

I am no expert, that was also the 1st time I learnt how to calc...

Isn't the higher level, the higher salary? Isn't the purpose of PW to determine a number, given the qualification in the Ads?

so I guess it's more likely the salary of (MS + 5 year) should be higher, thus classied as level 3, than that of ( MS + 1 year) level 2...

yeh, if any one has knowledge about PW and level, please provide a link. I've been searched for a while with no luck.

thanks!

the guidance r there.
http://www.flcdatacenter.com/skill.aspx

the most important r appendix A and B.

 

[mnhrdc]

Anyway my PD is 06/2002 CA RIR, Initially i thought will get my labor approved this year, But from my lawyer my labor may get approved only by june 2006. She say even we may see RIR approvals in near future but all test cases for training purposes....

If your Attorneys estimate is true WE ARE ALL STUCK and NOT a GOOD NEWS.
Having missed the BOOM of third world conuntries by being at wrong place at wrong time we will become "NA GHAR KA NA GHAT KA"

 

[fogman1]

right, it was that form on annex B... Thanks!

the lawyer showed a form for his client, (of course named is removed).

in step2, "job offer requirement' is 2 year, "O-Net" is 2-4. and resulting wage value is 0. The lawyer said 2 year is on the boundary, and a bit ambiguous and in this case it's fortunate. The safer bet may be "1 year" ???

and in step3, it's master and get 1 point.

So it is still level2. I am not sure the result of this case. Technically, he tried to give me an example EB2 and salary, since I raised same question about qualification of EB2 and salary.

Anyway, I am trying to convince my employer to do a PERM.

the guidance r there.
http://www.flcdatacenter.com/skill.aspx

the most important r appendix A and B.

 

[puhrince]

DFLC Backlog Processing Centers Update

As we reported earlier, DFLC initially focused on performing the data entries in order to identify and establish the national queue and to process cases on first in first out basis. DFLC reported to the AILA that as of mid-March 2005, the Backlog Processing Centers were able to complete transfer of 250,000 cases from the states and the Regions and worked on the data entry. As the earlier cases completed data entry, the Backlog Processing Centers also started processing of actual cases with old priority dates. Since the DFLC reportedly had over 300,000 backlog cases, it is anticipated that the initial step of shipping and data entry may be completed in the near future. It is also anticipated that for the next few months, actual decision of cases may not be that visible at least until the end of September 2005.

One way to reduce the backlog was to encourage applicants to refile under the PERM system without taking too much risk and without losing priority dates, but so far the PERM initiative has failed, leaving the mountain of backlog cases behind. At this juncture, applicants want to hear from the leadership of DFLC its policy on the affect of refiling on the pending cases, but they refuse to clarify this policy issue in both "identical" case refiling as well as "not idential" case refiling by the same employer for the same employee. This indecision also hurts indirectly its efforts to reduce the backlogs. We hope to see DFLC's decisive actions on various issues in the near future to achieve its goal of the foreign labor certification system reengineering smoothly and successfully.

As the DFLC gradually moves from the data entry stage to the actual processing stage, it should also clearly define the processing rule of "first in first out." In a number of occasions, it insisted that there would be no separate queues for different type of cases such as RIR vs. Regular Applications. However, considering the fact that these two cases involve a distinctly different type of work, a single queue of FIFO is not going to work when it comes to the order of actual certification. Probably, the analysts may be able to pull out files on the basis of "first in" (priority date), but since RIR cases practically do not need any work other than review and decision, meanwhile the regular applications must go through the time-consuming supervised recruitment process, it will be absurd that the RIR cases should remain a hostage pending the decision of regulation application cases with older priority dates. Accordingly, unless the DFLC adopts separate queues for different type of cases, a single national queue ignoring different type of cases will result in the extreme ineffective and inefficient management of processing of backlogs with no purposes served what-so-ever. This is particularly true that out of 300,000 or so backlog cases, the number of RIR cases appear to small. Again, we want to remind the DFLC that all it takes to make a decision on the RIR cases is to "review and decide," period!
Reasonable minds do not understand why these cases will have to sleep in the storage boxes pending processing of the mountain of regular application cases. The regular application cases need different type of processing work and processing time because of the different type of process the applicants will have to go through under the law in terms of "supervised recruitment process." The concept of "FIFO" processing rule will work only if the DFLC recognizes different type of cases requiring different type of work and processing time, and process the cases on "FIFO" basis for each type of cases separately. In other words, each type of cases should have a separate national queue and be processed on FIFO for that type of cases only.

In our opinion, the processing at the "front end" may be performed on a single national queue and on "first in" basis, but when it comes to the "back end" processing, there cannot be a single first in first out processing regardless of different type of cases. Even the front end work, it may be more efficient to process the cases in different queue for different type of cases. We hope that DFLC recognizes this issue as soon as possible before they move from the step of data entry to the next step of actual processing. For the back-end processing, a single national queue isn't going to work!!!!

 

[shaaka]

As we reported earlier, DFLC initially focused on performing the data entries in order to identify and establish the national queue and to process cases on first in first out basis. DFLC reported to the AILA that as of mid-March 2005, the Backlog Processing Centers were able to complete transfer of 250,000 cases from the states and the Regions and worked on the data entry. As the earlier cases completed data entry, the Backlog Processing Centers also started processing of actual cases with old priority dates. Since the DFLC reportedly had over 300,000 backlog cases, it is anticipated that the initial step of shipping and data entry may be completed in the near future. It is also anticipated that for the next few months, actual decision of cases may not be that visible at least until the end of September 2005.

One way to reduce the backlog was to encourage applicants to refile under the PERM system without taking too much risk and without losing priority dates, but so far the PERM initiative has failed, leaving the mountain of backlog cases behind. At this juncture, applicants want to hear from the leadership of DFLC its policy on the affect of refiling on the pending cases, but they refuse to clarify this policy issue in both "identical" case refiling as well as "not idential" case refiling by the same employer for the same employee. This indecision also hurts indirectly its efforts to reduce the backlogs. We hope to see DFLC's decisive actions on various issues in the near future to achieve its goal of the foreign labor certification system reengineering smoothly and successfully.

As the DFLC gradually moves from the data entry stage to the actual processing stage, it should also clearly define the processing rule of "first in first out." In a number of occasions, it insisted that there would be no separate queues for different type of cases such as RIR vs. Regular Applications. However, considering the fact that these two cases involve a distinctly different type of work, a single queue of FIFO is not going to work when it comes to the order of actual certification. Probably, the analysts may be able to pull out files on the basis of "first in" (priority date), but since RIR cases practically do not need any work other than review and decision, meanwhile the regular applications must go through the time-consuming supervised recruitment process, it will be absurd that the RIR cases should remain a hostage pending the decision of regulation application cases with older priority dates. Accordingly, unless the DFLC adopts separate queues for different type of cases, a single national queue ignoring different type of cases will result in the extreme ineffective and inefficient management of processing of backlogs with no purposes served what-so-ever. This is particularly true that out of 300,000 or so backlog cases, the number of RIR cases appear to small. Again, we want to remind the DFLC that all it takes to make a decision on the RIR cases is to "review and decide," period!
Reasonable minds do not understand why these cases will have to sleep in the storage boxes pending processing of the mountain of regular application cases. The regular application cases need different type of processing work and processing time because of the different type of process the applicants will have to go through under the law in terms of "supervised recruitment process." The concept of "FIFO" processing rule will work only if the DFLC recognizes different type of cases requiring different type of work and processing time, and process the cases on "FIFO" basis for each type of cases separately. In other words, each type of cases should have a separate national queue and be processed on FIFO for that type of cases only.

In our opinion, the processing at the "front end" may be performed on a single national queue and on "first in" basis, but when it comes to the "back end" processing, there cannot be a single first in first out processing regardless of different type of cases. Even the front end work, it may be more efficient to process the cases in different queue for different type of cases. We hope that DFLC recognizes this issue as soon as possible before they move from the step of data entry to the next step of actual processing. For the back-end processing, a single national queue isn't going to work!!!!

Thanks for the update...
So all RIR Cases screwed up for big time.

 

[dbecwaiting]

45 day letter

does a case number starting with D mean that they have sent 45 day letter?


Thanks

 

[gth999]

does a case number starting with D mean that they have sent 45 day letter?


Thanks

I have my case number from Dallas D-XXX 2 months back and till date no letter

 

[gcin05]

Case number starting with D means that the case is being processed at the Dallas Backlog Center.

You may be receiving the 45 day letter soon if they have assigned you a case #.

does a case number starting with D mean that they have sent 45 day letter?


Thanks

 

[gbroder]

45 day love letter received

Guys, even I received my love letter today.

Here are my data:

Date of Acceptance for Processing (Michigan State): January 2002
ETA Case Number: D-05006-XXXXX (Changed from T to D)
Sent to Regional (Chicago) on March 2004 and tranferred to Dallas BLC.
45 day letter received today (dated April 05, 2005)
Responded today.
6th year H1B expires in October 2006

One question to the GURUS:

- Can a potentional new employer get me another H1B with the remaining time?
- Can a new employer file PERM for me?
- Can this be done while I am employed with me old company, or do I have to make the change to a new employer first and take the risk?

Bottem line, how does a potenional change of employment work and what are the risks involved?

Thanks Guys

 

[gp111]

Guys, even I received my love letter today.


- Can a potentional new employer get me another H1B with the remaining time?

YES

- Can a new employer file PERM for me?

YES

- Can this be done while I am employed with me old company, or do I have to make the change to a new employer first and take the risk?

No you don't need to change

Bottem line, how does a potenional change of employment work and what are the risks involved?

If the Job requirements & your profile matches there are no risks in processing GC thru New employer while working with current. You should join the new employer at later stage of I-485 OR atleast ASAP after getting GC...

Thanks Guys

 

[fastergcwanted]

PERM-EB2 with US Master's Degree

Given the not-a-lot-of-hope situation at BPC currently, I was wondering what everyone here thinks about filing PERM EB2 case with US Master's degree, even at the cost of losing PD? What are the chances of success after initial technical problems with PERM system gets resolved? (Initial rejections we heard under PERM are for sure due to some technical glitch which should be resolved at some point)

EB2 not yet retrogressed, it might be worth taking this chance instead of waiting for 2 more years under BPC (u never know the economy and if we would have same jobs for next 2 years)

Anyone with thoughts on this, one way or other, please share opinions.

 

[barbaraliu]

Date of Acceptance for Processing

Is the "Date of Acceptance for processing date" the Priorty Date on 45days letter?
Thanks

Case number starting with D means that the case is being processed at the Dallas Backlog Center.

You may be receiving the 45 day letter soon if they have assigned you a case #.

 

[Zany_Brainy]

Iiiiccaaaaaruuuuusss

As we reported earlier, DFLC initially focused on performing the data entries in order to identify and establish the national queue and to process cases on first in first out basis. DFLC reported to the AILA that as of mid-March 2005, the Backlog Processing Centers were able to complete transfer of 250,000 cases from the states and the Regions and worked on the data entry. As the earlier cases completed data entry, the Backlog Processing Centers also started processing of actual cases with old priority dates. Since the DFLC reportedly had over 300,000 backlog cases, it is anticipated that the initial step of shipping and data entry may be completed in the near future. It is also anticipated that for the next few months, actual decision of cases may not be that visible at least until the end of September 2005.

One way to reduce the backlog was to encourage applicants to refile under the PERM system without taking too much risk and without losing priority dates, but so far the PERM initiative has failed, leaving the mountain of backlog cases behind. At this juncture, applicants want to hear from the leadership of DFLC its policy on the affect of refiling on the pending cases, but they refuse to clarify this policy issue in both "identical" case refiling as well as "not idential" case refiling by the same employer for the same employee. This indecision also hurts indirectly its efforts to reduce the backlogs. We hope to see DFLC's decisive actions on various issues in the near future to achieve its goal of the foreign labor certification system reengineering smoothly and successfully.

As the DFLC gradually moves from the data entry stage to the actual processing stage, it should also clearly define the processing rule of "first in first out." In a number of occasions, it insisted that there would be no separate queues for different type of cases such as RIR vs. Regular Applications. However, considering the fact that these two cases involve a distinctly different type of work, a single queue of FIFO is not going to work when it comes to the order of actual certification. Probably, the analysts may be able to pull out files on the basis of "first in" (priority date), but since RIR cases practically do not need any work other than review and decision, meanwhile the regular applications must go through the time-consuming supervised recruitment process, it will be absurd that the RIR cases should remain a hostage pending the decision of regulation application cases with older priority dates. Accordingly, unless the DFLC adopts separate queues for different type of cases, a single national queue ignoring different type of cases will result in the extreme ineffective and inefficient management of processing of backlogs with no purposes served what-so-ever. This is particularly true that out of 300,000 or so backlog cases, the number of RIR cases appear to small. Again, we want to remind the DFLC that all it takes to make a decision on the RIR cases is to "review and decide," period!
Reasonable minds do not understand why these cases will have to sleep in the storage boxes pending processing of the mountain of regular application cases. The regular application cases need different type of processing work and processing time because of the different type of process the applicants will have to go through under the law in terms of "supervised recruitment process." The concept of "FIFO" processing rule will work only if the DFLC recognizes different type of cases requiring different type of work and processing time, and process the cases on "FIFO" basis for each type of cases separately. In other words, each type of cases should have a separate national queue and be processed on FIFO for that type of cases only.

In our opinion, the processing at the "front end" may be performed on a single national queue and on "first in" basis, but when it comes to the "back end" processing, there cannot be a single first in first out processing regardless of different type of cases. Even the front end work, it may be more efficient to process the cases in different queue for different type of cases. We hope that DFLC recognizes this issue as soon as possible before they move from the step of data entry to the next step of actual processing. For the back-end processing, a single national queue isn't going to work!!!!

Icarus,
We need some info man. All the information coming out in the last few days indicate that there is no processing on RIR cases...

When will we see 1 RIR case being approved?

Please reply

ZB