Non RIR Discussion Only !

Just trying to keep the thread alive

it looks like there is some progress in regards to 45 day letters for California cases. Irrespective of their PD they got their 45 day letters in recent months sarting from Jan. That is actually a good sign. I also noticed that it is taking 1 yr to get approval after you get your 45 day letter. I know it is not true in all cases but I have seen it in number of cases in this forum.

Cheers






life_w/o_gc said:
Hey Guys,Gurus,

Where are you all? We need to keep this thread alive. Wake up all TR applicants. Are you guys waiting for TODAY'S immigration bill to pass or what?

WhatALabor,Shagua,
Any updates?

Hey guys keep posting something.

Have a great week end.
Click to expand...
 
DBEC, Appeal to Labor Certification denied in Michigan. Non-RIR, Traditional Rec

I have seen little progress in my employer’s GC application.

Has anyone seen their Labor Certification denied and an appeal submitted? My case dates back to April 2001, and it is now in DBEC. I do not know how DBEC are handling appeals: FIFO, after first time reviews, etc.

To make the case more interesting my employee is eliminating professional jobs. Does anyone have experience with Labor Certification when employee is down sizing? Will approval to proceed with recruiting be denied?

I will be extremely grateful to any input.

Case Type: Regular (Non RIR)
1) April 19, 2001 = Priority Date in Michigan
2) May 2004 = Reviewed and rejected by Michigan Department of Career Development (Labor Department)
3) July 2004 Employer appeals job description and discrepancy with minimum prevailing wage
4) Dec 28, 2004 = Appeal moved to Dallas Elimination Backlog Center DBEC
5) Unknown Date = 45 day letter received & replied:
March 2006 Renew my 7th H1-B Visa
 
PBEC job postings

Shagua:

I am pretty much a newbie on this forum as far as posting goes (been a lurker for a little bit longer!!). I am rather surprised to find that PBEC is posting the job ads. I thought they were only doing this for the unskilled positions covered under Section 245(i) and were going to let the employers take care of the skilled (read qualifying for H-1b) positions. What is even more troubling is the immigration attorney at our company hasn't updated us with this information. We had our last conference call around the beginning of this year and he said that they were waiting on the recruitment instructions from PBEC which could take a minimum of a year.

Do you think PBEC posting the job ads is going to make the process longer since they have limited resources to do what could be done (even more efficiently) by individual employers? I was looking at some of the ads posted by PBEC on the internet and did not find many for engineering positions like mine. Also do you have any idea about how far along they're Priority Date/Case Number wise in this process of posting the job ads on the internet?

Thanks.
EB2, non-RIR, state
PD = 05/2002
45DL 11/2005
Case # D-05014-xxxxx


shagua said:
hi onesource:

yes...the current situation is that PBEC is trying to eliminate the backlog by posting ads on internet themselves. this means you do not have to do any job recruitment on your own. if the position needs further recruitment PBEC will let you know.

the process goes like this:

1. PBEC post ad in the internet. in the ad, it states a P.O. box that directly request interested parties to send their resume to. this means PBEC gets those resume before your company do. (if you are lucky enough, you might not get any resume)

2. PBEC then forward the resume to your attorney requesting the employer to conduct interview. your employer has 30 to 45 days to conduct interview and provide results to PBEC. (this includes giving reasons why others are less qualify than you)

3. after PBEC receive all info they will review the case and decide to approve your labor or not.

hope this helps...

-shagua
Click to expand...
 
I would say PBEC doing ads is much better than lawyers. Lawyers are worse in their efficiencey; at least PBEC has motivation to finish all the cases by sept 07. Lawyer wouldn't care as long as they are getting paid for H1 extensions etc.


vsaminat said:
Shagua:

I am pretty much a newbie on this forum as far as posting goes (been a lurker for a little bit longer!!). I am rather surprised to find that PBEC is posting the job ads. I thought they were only doing this for the unskilled positions covered under Section 245(i) and were going to let the employers take care of the skilled (read qualifying for H-1b) positions. What is even more troubling is the immigration attorney at our company hasn't updated us with this information. We had our last conference call around the beginning of this year and he said that they were waiting on the recruitment instructions from PBEC which could take a minimum of a year.

Do you think PBEC posting the job ads is going to make the process longer since they have limited resources to do what could be done (even more efficiently) by individual employers? I was looking at some of the ads posted by PBEC on the internet and did not find many for engineering positions like mine. Also do you have any idea about how far along they're Priority Date/Case Number wise in this process of posting the job ads on the internet?

Thanks.
EB2, non-RIR, state
PD = 05/2002
45DL 11/2005
Case # D-05014-xxxxx
Click to expand...
 
45 Day letter recieved

I just got news from my manager that they recieved 45 days letter in Feb 06 and they replied it. My case details are

Filed: September 2003
State: Virginia
Case Type: Regular
ETA Case #: P-05172-76XXX
 
pv_gc said:
I just got news from my manager that they recieved 45 days letter in Feb 06 and they replied it. My case details are

Filed: September 2003
State: Virginia
Case Type: Regular
ETA Case #: P-05172-76XXX
Click to expand...
Good to hear. Now comes the wait. Good Luck!
 
life_w/o_gc said:
Hey Guys,Gurus,

Where are you all? We need to keep this thread alive. Wake up all TR applicants. Are you guys waiting for TODAY'S immigration bill to pass or what?

WhatALabor,Shagua,
Any updates?

Hey guys keep posting something.

Have a great week end.
Click to expand...

hi life_w/o_gc:

sorry i have not been able to read the messages here, because i encountered some difficulties at work and 140 stage.

at work: one of the key employee left so i have to help out other department to ensure company can run smoothly(we are only 20 people company). i have been working overtime for over 12 hours per day(without pay of course)

at 140 stage: many CSC 140s got transferred to texas service center. this means i was research diligently on 140 as far as the steps afterwards. luckily, my 140 approved in 2 weeks after it got transferred. i think it got approved because of my old pd.

this weekend i will try to read and research for more info on BECs. will post new info if i find anything.

again, to all my BEC family friends here DON'T LOOSE HOPE.

-shagua
 
vsaminat said:
Shagua:

I am pretty much a newbie on this forum as far as posting goes (been a lurker for a little bit longer!!). I am rather surprised to find that PBEC is posting the job ads. I thought they were only doing this for the unskilled positions covered under Section 245(i) and were going to let the employers take care of the skilled (read qualifying for H-1b) positions. What is even more troubling is the immigration attorney at our company hasn't updated us with this information. We had our last conference call around the beginning of this year and he said that they were waiting on the recruitment instructions from PBEC which could take a minimum of a year.

Do you think PBEC posting the job ads is going to make the process longer since they have limited resources to do what could be done (even more efficiently) by individual employers? I was looking at some of the ads posted by PBEC on the internet and did not find many for engineering positions like mine. Also do you have any idea about how far along they're Priority Date/Case Number wise in this process of posting the job ads on the internet?

Thanks.
EB2, non-RIR, state
PD = 05/2002
45DL 11/2005
Case # D-05014-xxxxx
Click to expand...

hi vsaminat:

sorry for the late response. i have always been the optimistic one here. i would think it will be more efficient if PBEC or DBEC post the ads themselves. there were simply too many cases in BECs that's why we have not seen too much progress. since BEC set their completion timeline around 2007. i think the deadline won't be meet until 2008. give it a little more time till the end of year to see if we can predict a pattern.

hope this helps...

-shagua
 
xman_74 said:
I have seen little progress in my employer’s GC application.

Has anyone seen their Labor Certification denied and an appeal submitted? My case dates back to April 2001, and it is now in DBEC. I do not know how DBEC are handling appeals: FIFO, after first time reviews, etc.

To make the case more interesting my employee is eliminating professional jobs. Does anyone have experience with Labor Certification when employee is down sizing? Will approval to proceed with recruiting be denied?

I will be extremely grateful to any input.

Case Type: Regular (Non RIR)
1) April 19, 2001 = Priority Date in Michigan
2) May 2004 = Reviewed and rejected by Michigan Department of Career Development (Labor Department)
3) July 2004 Employer appeals job description and discrepancy with minimum prevailing wage
4) Dec 28, 2004 = Appeal moved to Dallas Elimination Backlog Center DBEC
5) Unknown Date = 45 day letter received & replied:
March 2006 Renew my 7th H1-B Visa
Click to expand...

hi xman_74:

i strongly suggest you change to a more experienced attorney since your case was rejected at state level. maybe the new lawyer could help you file a perm because if your case was not satisfied by state most likely the BEC will use that rejection as an excuse to deny you. i believe the appeal work the same as the other cases, the whole process is based on the time they pick up your case for review. i also suggest you get that 45 day letter copy from your current attorney. maybe he/she is lying to you about receiving one.

i worry about you because your case was rejected at state level, this is often not a good sign with BEC.

-shagua
 
Hi Shagua,

Thanks for the great advice. I wish I could change attorneys but I do not control who my company outsources immigration work. Now I am on year-by-year extensions on my H1-B and I do not think I can change company within the US. Can I ?

A piece of advice for anyone initiating a Greencard process (RIR, non IR, TR) is to make sure your attorney carefully reviews job requirements and wording.

In my case wording along the lines of supervise or exercise technical direction over other engineers, engineer support personnel & vendors/contractors flagged a different job classification. (I.e. manager vs. engineer). After six years of waiting for LCA I realized that the attorney did not do a good initial job. I recommend other folks starting the process to consult and obtain a second opinion from a second attorney.

Have a wonderful day, x-man.


shagua said:
hi xman_74:

i strongly suggest you change to a more experienced attorney since your case was rejected at state level. maybe the new lawyer could help you file a perm because if your case was not satisfied by state most likely the BEC will use that rejection as an excuse to deny you. i believe the appeal work the same as the other cases, the whole process is based on the time they pick up your case for review. i also suggest you get that 45 day letter copy from your current attorney. maybe he/she is lying to you about receiving one.

i worry about you because your case was rejected at state level, this is often not a good sign with BEC.

-shagua
Click to expand...
 
I posted links to an IT related ad inthis thread about a month back. Although rre they exists.

I have a feeling that they are wading through 245i right now. There will be very few IT related ones to be found for som time to come.

14forever said:
http://atwork.nypost.com/texis/jobs...&qInd=categoryhospitality&pp=25&view=1&page=4

Case no is P-05171-74152.

This is for a baker position. Haven't seen an IT position posted by PBEC. Who is supposed to do the recruitments for most of us (IT related non-RIR cases)? Company or PBEC...anyone has a comment...
Click to expand...
 
shagua said:
hi vsaminat:

sorry for the late response. i have always been the optimistic one here. i would think it will be more efficient if PBEC or DBEC post the ads themselves. there were simply too many cases in BECs that's why we have not seen too much progress. since BEC set their completion timeline around 2007. i think the deadline won't be meet until 2008. give it a little more time till the end of year to see if we can predict a pattern.

hope this helps...

-shagua
Click to expand...
Thanks for the reply Shagua. If PBEC is posting the ads, is there more of a chance for them to get response from valid candidates. What happens if they get reply from valid candidates? Isn't this a new process (DoL/PBEC doing the recruitment as companies have done the supervised recruitment in the past)?
Do you think PBEC will have manpower to handle all the replies to the job postings if IT related positions are posted on their website?

Thanks. :confused:
 
vsaminat said:
Thanks for the reply Shagua. If PBEC is posting the ads, is there more of a chance for them to get response from valid candidates. What happens if they get reply from valid candidates? Isn't this a new process (DoL/PBEC doing the recruitment as companies have done the supervised recruitment in the past)?
Do you think PBEC will have manpower to handle all the replies to the job postings if IT related positions are posted on their website?

Thanks. :confused:
Click to expand...

hi vsaminat:

before my case went to DBEC, EDD posted my ad on their website for 30 days. not only that, i had to post a 3 days of consecutive ads in the local newspaper directing potential candidates to fax/mail their resume to EDD. on top of all that, another ad in the company for anyone who is interested in my position. this is all part of supervised recruitment.

PBEC or DBEC doesn't have to handle the replies, they simply forward resumes to your attorney and employer. when you get valid candidates from your job ad, your company has to be ready to explain why those candidates are not qualified for your position. from what i see this step doesn't require much man power.

hope this clarify the process.

-shagua
 
some hope at last

Hi All,
I have been a passive member viewing this thread, yesterday i recvd a mail from DBEC that my labor was certified, given below are the details...

NON RIR
Nebraska/ Chicago
Filing dt : Sep 2004
Regional dt: Sep 30 2004
45 D ltr recvd : Apr 2005
LC certified : 31 Mar 2006

All the best :)
 
gchope2005 said:
Hi All,
I have been a passive member viewing this thread, yesterday i recvd a mail from DBEC that my labor was certified, given below are the details...

NON RIR
Nebraska/ Chicago
Filing dt : Sep 2004
Regional dt: Sep 30 2004
45 D ltr recvd : Apr 2005
LC certified : 31 Mar 2006

All the best :)
Click to expand...

Congratulations! Your case indeed is an encouraging one! How come your pd and rd are all sep 2004?
 
ca labor approval

one of my friend's labor got approved.
pd -jan 2003/non rir/eb2.
i don't know anything else like abt 45 days letter or which BEC had his case
 
what kind of job? IT? Small or middle or big company?

Thanks

gc_craving said:
one of my friend's labor got approved.
pd -jan 2003/non rir/eb2.
i don't know anything else like abt 45 days letter or which BEC had his case
Click to expand...
 
45 Days letter

My employer informed me that he recv and replied back 45 days letter in Apr 1st week 06. Now what happens next?


Thanks
 
Oct03 said:
My employer informed me that he recv and replied back 45 days letter in Apr 1st week 06. Now what happens next?


Thanks
Click to expand...
Can pls tell us that which BEC sent u 45 days letter?
thanks
 
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