Dallas Backlog Elimination Center Tracking

Not a single RIR case

Looking through all the forums and other information sources, I find that not a Single RIR case has been certified yet.

BUT

Icarus is insisting that Dallas DOL is working and processing approx 90 RIR cases a day. Where are the cases going after that ?

Also, looking at the tracker it seems like there are a very few RIR cases pending from 2000-2001 (as seems natural) most of them start from the California DOL RIR cases from May 2002 PD. (remember the remand to state cases are not in the same line).

Need some light on whats happening!!!

Also,
Latest update from my source

'Dallas BEC has started to process Regional cases as they think that nearly all older cases have been entered and the queue is big enough to start processing. Processing is strictly on PD.

SWA case processing will start only when the BEC believes that majority of cases from the state offices are in the system which they are projecting could take till Sept 2005.

Since the processing has started on Regional cases, the case entry has slowed down as around 30 Analysts are now processing cases and not entering data anymore'
 
BEC inconsistencies

Hello everybody,
I really appreciate this forum because it gives us all quite valuable information and hope when we need it the most. Thank you, Icarus, for the great job you're doing, whoever you are!!! Also, many thanks to all the people with good intentions and valid information...

Anyhow, here's something I have noticed based on my personal experience with Dallas /Philly BEC's:

My friend and I work for the same company (non high tech) in CA. he filed for LC in August of '03 and I have filed in January of '04. I have received 45 day letter at the end of January '05 and he only received it a couple of days ago. My case went to dallas and his to Philly.
What does this mean regarding our proccessing times? Shouls I expect my answer sooner even though I filed later than him or will the FIFO rule based on filing date apply in both our cases. Also, will Dallas and Philly BEC's coordinate in order to process same filing dates at the same time or do they work as independent entities????

Thanks again and I'm sorry if I'm repeating questions posted earlier...just have no tome to read all 1500 messages!!!
;)
 
Zany_Brainy said:
Looking through all the forums and other information sources, I find that not a Single RIR case has been certified yet.

BUT

Icarus is insisting that Dallas DOL is working and processing approx 90 RIR cases a day. Where are the cases going after that ?

Also, looking at the tracker it seems like there are a very few RIR cases pending from 2000-2001 (as seems natural) most of them start from the California DOL RIR cases from May 2002 PD. (remember the remand to state cases are not in the same line).

Need some light on whats happening!!!

Also,
Latest update from my source

'Dallas BEC has started to process Regional cases as they think that nearly all older cases have been entered and the queue is big enough to start processing. Processing is strictly on PD.

SWA case processing will start only when the BEC believes that majority of cases from the state offices are in the system which they are projecting could take till Sept 2005.

Since the processing has started on Regional cases, the case entry has slowed down as around 30 Analysts are now processing cases and not entering data anymore'
Click to expand...

well according to what u said there is something that is missing i think. according to DOL, they entered till mid feb around 87000 cases in the database between dallas and phili. BEC started in sep 2004, so approximately it took them around 6 months to enter into the data around 90000 cases with a full staff. now that a big part of the staff moved to processing, it means that estimated number of data entry in 6 months will be less than 90000.
the total backlog is more than 330000 cases. so how would BEC finish entry data of around 240000 cases remaining in 6 months from now (sep 2005)?

the math doesn't add up, there is something weird. therefore data entry will finishes much further than sep 2005 i think probabaly not before early 2006 i think.
 
IllinoisGC said:
P.S. Excuse me for this repost - but I'm counting on your feedback. Thanks!!
Click to expand...
Mnhrdc posted some info on this, hence i did not reply to this.

Most of the Atty's are famaliar with the methodologies and procedures at the regionals and most of the cases are getting thru. Perm is new even for them, u dont know why and how a case will be rejected. If u r in in 6th year, it is always risky to try perm thru the same company (thru whom u already have a labor pending) as u cannot seek extensions beyoubd 6th year.
Yes, it is not risky thru other employers.
--MC
 
Orissa, Tomshu , Icarus, Alkea

Hello my friends,
Please tell us if is true that the BEC have given the order to all the employyes and oficers of not give any information to the people like us that call them by phone. :confused: :confused: :confused:
Maybe someone who lives near the BEC can go there personally???

If you have any updates please le us know. :rolleyes:

Thank you very much for your cooperation ;) ;)

Regards.
 
GOTGC thats incorrect information.

That is precisely what I am saying. That this information is incorect. The increment is only 1 year and not 3 year. You have to ask lawyer and not rely on a non-lawyer website, although most of information may be correct and I would not want to debate on correctness.

But, You can ask Lawyer Rajiv Khanna or probably lawyer Murthy & they will tell you that its 1 year increment. I was under same impression and initially I thought same that it is 3 year and I was happy about retrogression, but all came down, when I came to know that its 1 year increments only.


GotGC?? said:
Kanjoos:

Here is the source of my info: http://www.immihelp.com/visas/h1b/beyond6.html

Look for Scenario 1: I-140 filed/approved and unable to AOS because of visa unavailability: In this case you get 3-year increments.

Between scenario 1 & 2, the key point is you'll get 3-years increments ONLY if you are not able to AOS due to visa unavailability.

Hope this helps. But I'd also like to get a second opinion, so please could you point me to the article by Rajeev Khanna that you mentioned? Thanks.
Click to expand...
 
Zany - Keep Patience

Zany,

Rome was not built in a day. You can see how much work load these guys are handling, so its not very good to expect results so quickly. 50 States + 4 Regional centres processing have been merged in 2 BPC, starting from entry of the Data in the system.

I trust ICARUS, when he says RIR is being processed and approx. 90 cases are being certified everyday. I have earlier replied to you in a post that its taking 40-50 days in most of the initial cases from the time of approval of thier labour to send the letters to them. It has happened to 3 cases that I came to know about, Most of them had dates of approval of Feb 4th - Feb 9th, but they got Approval letter in hand by March 17th, with Approval date mentioned above.

Now, I dont know the reson why will it take that long, not sure, if it was test cases or what kind of cases. What I know is What I wrote here. This 40-50 days will be reduced to 3-4 days sooner and then you will start seeing things move pretty quick.

I just hope, that ICARUS keeps on coming and provides us with healthy information. He is the only constant ray of hope for me atleast and I am always eager to see his messages.

And please keep patience, we will soon get good news.





Zany_Brainy said:
Looking through all the forums and other information sources, I find that not a Single RIR case has been certified yet.

BUT

Icarus is insisting that Dallas DOL is working and processing approx 90 RIR cases a day. Where are the cases going after that ?

Also, looking at the tracker it seems like there are a very few RIR cases pending from 2000-2001 (as seems natural) most of them start from the California DOL RIR cases from May 2002 PD. (remember the remand to state cases are not in the same line).

Need some light on whats happening!!!

Also,
Latest update from my source

'Dallas BEC has started to process Regional cases as they think that nearly all older cases have been entered and the queue is big enough to start processing. Processing is strictly on PD.

SWA case processing will start only when the BEC believes that majority of cases from the state offices are in the system which they are projecting could take till Sept 2005.

Since the processing has started on Regional cases, the case entry has slowed down as around 30 Analysts are now processing cases and not entering data anymore'
Click to expand...
 
I'm not sure if it's entirely appropriate to have this discussion here, but I guess quite a few (including me) will benefit from a clearer understanding on this issue.

Kanjoos: Like you, I'd also prefer a 3-year extension. Who wouldn't? I wouldn't trust a website - any website - 100% so that's why I asked you for a licnk to RK's newletter because that'd carry more weight. In any case, I found a Murthy comment where she says

"Yes. In fact, based on the LC having been filed at least 1 year earlier or one's having filed the I-140 more than one year earlier, or possibly the I-140 approval based on the June 2001 Legacy INS Memo, a person is able to either extend the H1B for a 3-year term or, at the minimum, a one-year annual extension. It is worth arguing and requesting a 3-year extension since the costs and legal fees for one year are the same as for 3 years, but if it is approved for 3 years based on the priority dates having retrogressed, it is three times more valuable for the employee and also brings so much peace of mind!"

How you interpret that is up in the air :)

SOurce: http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9024019812&m=420100575

Also in the same forum it is said that 3-years extension is possible ONLY if your PD is not current and you're waiting for 365+ days. Your PD plays a subtle, but significant, role in whether you get a 1 or 3 year extension.

Kanjoos said:
That is precisely what I am saying. That this information is incorect. The increment is only 1 year and not 3 year. You have to ask lawyer and not rely on a non-lawyer website, although most of information may be correct and I would not want to debate on correctness.

But, You can ask Lawyer Rajiv Khanna or probably lawyer Murthy & they will tell you that its 1 year increment. I was under same impression and initially I thought same that it is 3 year and I was happy about retrogression, but all came down, when I came to know that its 1 year increments only.
Click to expand...
 
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IllinoisGC said:
P.S. Excuse me for this repost - but I'm counting on your feedback. Thanks!!
Click to expand...

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
 
mnhrdc said:
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
Click to expand...

u said above that EB-2 in PERM is more restrictive and more pay . it was always the case that EB-2 is more paid than EB-3. I don't understand the difference here between the old system and PERM. can u clarify?
 
Data entry estimates

antonioa77 said:
well according to what u said there is something that is missing i think. according to DOL, they entered till mid feb around 87000 cases in the database between dallas and phili. BEC started in sep 2004, so approximately it took them around 6 months to enter into the data around 90000 cases with a full staff. now that a big part of the staff moved to processing, it means that estimated number of data entry in 6 months will be less than 90000.
the total backlog is more than 330000 cases. so how would BEC finish entry data of around 240000 cases remaining in 6 months from now (sep 2005)?

the math doesn't add up, there is something weird. therefore data entry will finishes much further than sep 2005 i think probabaly not before early 2006 i think.
Click to expand...

Here are my estimates of case entry for the combined BECs. Can't split up sorry.

September '04 - 10,000
October '04 - 20,000
November '04 - 10,000
December '04 - 3,000
January '05 - 40,000
February '05 - 10,000
March '05 - 5,000

Total: 98,000

These are estimates! so cut me some slack. For those of you that are checking my math, at the beginning of March they said they had entered 86,000 cases - this would compare with my estimate of 93,000 so I'm off by a few thousand (if I were you I would believe my number instead of BEC :) )

Why the ups and downs? Who knows. December maybe because of the holidays. After that maybe they data enter like crazy and then they stop and mail letters.

If they have more months like January, Summer '05 to finish is doable, otherwise it will probably take longer.

JustWatching
 
Kanjoos said:
That is precisely what I am saying. That this information is incorect. The increment is only 1 year and not 3 year. You have to ask lawyer and not rely on a non-lawyer website, although most of information may be correct and I would not want to debate on correctness.

But, You can ask Lawyer Rajiv Khanna or probably lawyer Murthy & they will tell you that its 1 year increment. I was under same impression and initially I thought same that it is 3 year and I was happy about retrogression, but all came down, when I came to know that its 1 year increments only.
Click to expand...
If your 140 is approved and cannot file 485 due to retogression, you may get 3 yr extensions.
 
GotGC?? said:
I'm not sure if it's entirely appropriate to have this discussion here, but I guess quite a few (including me) will benefit from a clearer understanding on this issue.

Kanjoos: Like you, I'd also prefer a 3-year extension. Who wouldn't? I wouldn't trust a website - any website - 100% so that's why I asked you for a licnk to RK's newletter because that'd carry more weight. In any case, I found a Murthy comment where she says

"Yes. In fact, based on the LC having been filed at least 1 year earlier or one's having filed the I-140 more than one year earlier, or possibly the I-140 approval based on the June 2001 Legacy INS Memo, a person is able to either extend the H1B for a 3-year term or, at the minimum, a one-year annual extension. It is worth arguing and requesting a 3-year extension since the costs and legal fees for one year are the same as for 3 years, but if it is approved for 3 years based on the priority dates having retrogressed, it is three times more valuable for the employee and also brings so much peace of mind!"

How you interpret that is up in the air :)

SOurce: http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9024019812&m=420100575

Also in the same forum it is said that 3-years extension is possible ONLY if your PD is not current and you're waiting for 365+ days. Your PD plays a subtle, but significant, role in whether you get a 1 or 3 year extension.
Click to expand...

Good comments GotGC
beyond 6 years extensions
Bottom line for 1yr increments if GC process is Pending more than 365 days
Bottom line for 3yr increments I-140 Approved + Visa retrogress
 
antonioa77 said:
u said above that EB-2 in PERM is more restrictive and more pay . it was always the case that EB-2 is more paid than EB-3. I don't understand the difference here between the old system and PERM. can u clarify?
Click to expand...



What i mean is earlier they could pay 80K and compare to a case if filed today is currently around 95K. I dont think except a few corporates every body is ready to pay this kind of salaries to an immigrant workers who is supposed to be a cheap labour comapred to an US worker.

Add another 10k for entire GC process the company has to bear will get included in Employee cost which may not be very competitive replacement for an US worker.

Earlier with less priviling wages No US worker was intrested to Apply for such posts against ADVT. Now I am sure with current economy you may definitely find Lot more applications against the advt with the Name of Company

I was only skeptic that EB2 sponserers will be in very less in nos.
 
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mnhrdc said:
What i mean is earlier they could pay 80K and compare to a case if filed today is currently around 95K. I dont think except a few corporates every body is ready to pay this kind of salaries to an immigrant workers who is supposed to be a cheap labour comapred to an US worker.
Click to expand...

Actually that is exactly why the DOL insists on Prevailing Wage comparisons... they understand how susceptible immigrants are to being exploited... and how that can adversely affect the job market... ultimately making the economy less attractive to immigrants that the US of A really needs for growth.

So I am afraid that argument will never hold water with any official... :confused:
 
spidey said:
Actually that is exactly why the DOL insists on Prevailing Wage comparisons... they understand how susceptible immigrants are to being exploited... and how that can adversely affect the job market... ultimately making the economy less attractive to immigrants that the US of A really needs for growth.

So I am afraid that argument will never hold water with any official... :confused:
Click to expand...

so r u saying that there is much less emphasis on PW in the RIR system than in PERM? in other words, in RIR they r more lenient about a wage than with PERM?
 
Does anybody know how many non rir cases pending in regional prior to year 2002?. I see Dallas were processing 03/2000 regional cases non rir from RK processing time archives.

I think right now only Dallas non rir cases that made to regional may be under processing. This is just my assumption and calculation correct me if i am wrong.

Reason why all approval notice take one month to reach corresponding lawyer's office is once analysts approve the case file goes to certifying officer to get signed may be certifying officer is taking 20 to 25 days to sign it who knows? Once again this is my assumption.

Also one more question 24 to 30 months when does this start from Mar 28 2005? or from when? This is not clearly defined anywhere in any document. May be after all data entry is completed?

Always contracts are extendable because of less process knowledge. Why not BEC? They may extend the contract instead of 24 to 30 months add "0" 240 to 300 months.

Current process is totally wrong and BEC cannot be a interim solution it's a permanant solution...

This process should have been designed in such a way that data entry should have occured at each state and regional offices (Based on PD) by hiring some local data entry operators instead of two centers. With this they could have started approving way back in December...

After data entry may be this two centers should operate to approve cases.

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....
 
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What about beyond 485?

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? What is the downside of not having a valid H1B after you file 485?
Thanks!

mnhrdc said:
Good comments GotGC
beyond 6 years extensions
Bottom line for 1yr increments if GC process is Pending more than 365 days
Bottom line for 3yr increments I-140 Approved + Visa retrogress
Click to expand...
 
antonioa77 said:
so r u saying that there is much less emphasis on PW in the RIR system than in PERM? in other words, in RIR they r more lenient about a wage than with PERM?
Click to expand...

I wasn't making that point... just that the PW issue actually works in our favor rather than against us... in the big picture that is. Individually, one or two of us may suffer because we end up in EB3 rather than EB2.

But anyway, I happen to have read that YES RIR was more lenient on PW than PERM is allowed to be. To be more specific, apparently (and I didn't know this) RIR and non-RIR apps could pay 95% of PW and not be questioned but with PERM it has to be 100% of PW, or the appln will be rejected.

What makes PERM faster is automation (software automation) If I understand it correctly, all denials and approvals under PERM are automatic, done by software, no human involvement. While this makes results faster, it also means there is no room for judgement as judgement is a human characteristic not available in automatic softwares.

Not to say that a programmer couldn't have written software such that it allowed upto 95% of PW even then... but obviously thats not what was done.

alrighty... just my opinion -
 
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