Overall Backlog Elimination Centers update/discussion

Any approval from PEC for MD

Hi All,

I am new to this forum and found it very useful. Here are the details of my case:
PD : Dec'2001
State: MD
Reached PA region : Jan'2003
45-day letter received and replied in Feb'05.

Has any one know if there is any approval from PEC for applications applied through MD ? I heard there are some approvals for NY-applications with PD Nov'2001.

It is tough to wait so long, but forum like this makes it easy by providing some insight and finding people in similar situation as mine.

Thanks all !!
 
Phil is working on 2001 cases

thedream said:
Yesterday, the man who picked up my call (484-270-1500 PHI) told me that
they are working on 2001 cases. Today I called again, the lady said she
is not sure which month in 2001, but since I replied my 45-letter in Dec. 2004 (beyond 3 months) and my case is in 2001, so I should send a message
to info@phi.eflc.us to require my status.

Anyone would like to call them to get more info?
Click to expand...
 
DOL Updates - 05/19/05

DOL Updates - 05/19/05



A full time contract person has been advised to work on initial data entry when BRC receives a change of address for attorneys or employers on a case.
DOL is currently working hard to get cases entered. The Backlog Reduction Center will have a full time contract person assigned to work on initial data entry to check if a file has been received and is in the system. This person will also answer congressional inquires.

The 45-day letters may not be issued on a FIFO (First In First Out) basis and once returned, FIFO will control processing of an application

The idea behind the 45-day letter was to remove cases that will no longer be processed. During the beginning of the PERM program the goal of DOL was to get all the cases into DOL possession and out of the SWAs fast in order to make sure safeguarding of files. In connection with the 3/27/05 pre-PERM filing deadline SWAs received a large number of filings and they are still in the process of forwarding those cases to the BRCs. Despite DOL's detailed instructions to the SWAs, most of the cases where not boxed and sent to the BRCs in the exact chronological order that was requested. Moreover not all correspondence filing was up to date in the SWA files. DOL is working hard to match up correspondence, loose papers and G-28s with the proper files and to electronically update addresses. Cases that are closed in error can be re-opened.

If a case is closed and a response to the 45-day letter is sent to the BRC it is considered an error

If a case is closed and a response to the 45-day letter is sent to the BRC it is considered an error. Before DOL had their system set up to handle the return correspondence the some of the 45-day letters were sent out.

Additional staff is processing backlog cases

Backlog cases are being processed by additional staff. Most of the backlog centers earlier did not have enough certifying stamping machines hence had to purchase them. Cases are coming into the backlog centers from the SWAs from last minute 03-27-2005 deadline filings. Additional staff has been added to support the Center Directors and Certifying Officers in Philadelphia and Dallas. Philadelphia is ahead of Dallas on getting cases into the system, but Dallas is getting certifications out a bit faster.

The most common problem for denials has been the incorrect count of 30 days.

The most common problem for denials has been the incorrect count of 30 days. DOL will start issuing letters giving the reasons for denials. Denials are also regular for employers using P.O. Boxes. Every document should have a street address, including the prevailing wage determination, etc. DOL is also concerned about multiple applications. DOL advises to check the user guide with regard to saving drafts and retrieving them. Some of the users are saving multiple copies by hitting the "save" button causing panic as DOL has to delete some of the multiple copies. On the other hand employers must set up the accounts for security, liability and exposure. The employer will get a password and can then set up sub-accounts for attorneys. DOL will track the source/footprint. IP addresses are tracked. A temporary draft that has been typed and saved in the DOL system has a case number assigned with a "T" in front of it. If the case number has a T, it has NOT been submitted and has not been denied. On the case status screen, it will show as "incomplete", but it has not been submitted. Once submitted, case numbers with an A are Atlanta cases and those with C are Chicago cases. T denotes a temporary draft.

Job Order requirements

As the job orders give rise to numerous matches the employer is only required to contact individuals who submit resumes directly to the employer.

Status of current PERM filings

Approximately 1000+ applications saved and incomplete in the system, not yet submitted. Approximately 700 applications have been processed. 7000+ employers are registered. Approximately 100 Re-files have been submitted to retain an earlier Priority Date. At present the drop out rate at BRCs is still very low.

source:http://www.immigration.com/fromtheagency/dol051905.html
 
Any updates from Massachussetts

Hi,

My details are as follows:

MA
PD= 18 Dec 2002
Originally an RIR case converted to Non-RIR
Adjutication was going on and the summary/results of the interviews were sent in August 2004. Haven't heard back ever since. No 45 days letter.. no nothing..

Based on the knowledge and information, could anyone comment on what I should expect.

Would my case go to BRC or would it be adjuticated under the old system? has Massachussetts even sent their cases to BEC?

Any insight would be very helpful.

-R
 
Dallas Leading in approvals....

GCNoway said:
Should I Start Celebrating ?

I just got email from my Attorney ...

--------------------------------------------------

Dear Mr. xxxxxxxxxx

We have received confirmation from Dallas BPC that your case has been certified on May 17, 2005. Our office has not received any thing in mail till date. Once we xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx..

------------------------------------------------------------

I have no words... I am speechless for last 10 minutes !
Click to expand...
 
Massachusetts cases to BPC

samosa154 said:
has Massachussetts even sent their cases to BEC?
Click to expand...

Yes, according to this
http://workforcesecurity.doleta.gov/foreign/docs/online_manifest.xls

MA did send the following cases to Philly BEC:

case filing dates | received at Philly BEC
10/10/2003 - 2/15/2005 | 3/23/2005
3/3/2003 - 2/28/2005 | 3/28/2005
2/18/2005 - 3/25/2005 | 4/13/2005
2/18/2005 - 3/25/2005 | 4/19/2005

But I have not yet heard of anyone from MA posting in these forums that they received a 45-day letter. I have a friend who has a May 03 PD and she has not gotten anything. We need more input from MA people!
 
Choclito said:
I just talk to may lawyer and ask him about filling under perm. His advise was to wait because this week he had recieved 02 LC aproved from DC from April 2001 and 01 from VA all from Phili BEC.

I think that are very good news, since my PD is April 2001.
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Encouraging News..

aprlc2002 said:
Hi All,

If you have time read me my earlier notes about BPC processing. At BPC after you reply 45 day letter only the PD matters and nothing else. To avoid confusion about FIFO, BPC is gonna approve whole bunch of petitions Per-se 4-6 months PD range and send them to respective employers/Attorney.

This method is will be still holds good when any one question about FIFO order.

Now coming to the PD and current status Philly BPC is now processing Nov01 and soon we see whole bunch of approvals from PD 2001 :)

PD 02 and later guys please dont pound me with questions. PD 01 guys hold on until next week you will get your approvals/Certifications in hand. PD 01 guys Currently if you send an e-mail to info@phi.dflc.us you will get the status on 01 that your case is certified.

Truly yours....
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New to Tracking

Hello,

I have a RIR case filed in California in 11/03. My attorney says she received and replied to the 45-day letter sometime in 03/05. Does anyone know when could I expect certification to be reveiwed and hopefully approved?

Sorry for being so new to all this but I just found this website.

Thanks
 
New member

Hi,

I had been following other forums until now. For the last 6 months there had been no new information and was getting quite frustrating. I think GOD_BLESS_YOU is doing an excellent job here. Your information about some approvals from Philly and information that Philly is now processing Nov 2001 is very encouraging. I still have a long way to go. My labor was filed at Pittsburgh (PA) June 2003, Went to federal in Sept 03, Replied to 45 days letter in mid March 05.

Thanks and regards,
mn.
 
colgate said:
According to Icarus's 3 posts

About the Processing Queue, [ Post 1]

1. The Queue reach 8/02 regularly.
2. CO's have certed 2000 cases of thursday. but not sure when will complete.

About Data Entry, [post 2]

1. Data entry is working in cycles--they put in cases in abbreviated form to establish the case number and to give people a reference when inquiring/looking for a case...then they go back later (days, weeks) and finish data entry which generates a 45-day letter.

2. About the last 5 digit in case number, Unfortunately, I'm as much in the dark on the last 5 digits as anyone...haven't figured it out either...sorry

3. Data entry staff accounts for about 60% of the staff at the BEC. As far as scheduling goes...employees have the option of floating schedules beginning at 7:00 am and ending at 5:30 pm...but contract limits work hours to 8 hours/day/person. And, as of yet, no one works between 5:30 pm Friday and 7:00 am Monday.

About the Process Queue [post 3]

1. in queue are the cases that have received a 45-day letter confirmation. this does not include cases currently being analysed, awaiting notice of findings, awaiting certification (around 2k), being denied RIR and being sent over to TR, awaiting additional information from agent/employer...

You can also read this on http://www.gcnews.org/

----------------------------
Latest GC News on http://www.gcnews.org
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mugur said:
THANK YOU GOD!!!
My lawyer's assistant called me today to tell me my LC is APPROVED!!!!!!!!!!!!!
Finally,after 4 yearssssssssssssssssssssssssssssssssssssssssssssssssssss
I will go tomorrow to my lawyer and post back all the results.
My PD Aprli 29 2001.
Good luck to all the others that will hear the same call this week:Approved
Thank you God!
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Icarus Answers to some questions..

Originally Posted by WaitingonLC
Thank you for the great work and it is appreciated.

I have a few questions I would appreciate if you can answer possible questions.

1)What are the guidelines an Analyst will follow on an LC to recommend to the CO for certification?
Analysts are responsible for checking data entry into PBLS for accuracy and completeness. Also they determine if all required documents are present in file. If so, analyst fills in checklist in PBLS affirming that recruitment is complete and then forwards case in PBLS to CO for final review and cert.

2)What could be the possible reasons that you can think of an LC to require additional information by the Analyst?
Incomplete recruitment results, clarification of discrepancies between Application and supporting documents.

3)For what reasons an RIR case will be denied and recommended for NON RIR case?
RIR denial is based upon whether case file evidence supports the assertion by the employer/agent that a bonafide recruitment effort has been accomplished. Missing evidence of advertising, ads and recruitment efforts prior to the 6 month period immediately prior to the request date for RIR-examples

4)Under what circumstances an NOF will be issued on LC?
How one can overcome on this issue?NOF's are based upon numerous issues. Frequent examples are questionable proof of employer existence, recruitment that appears to favor the alien (tailoring),vague recruitment results unaddressed by response to #2 above,unduly restrictive job requirements that are beyond what is customarily expected of applicants possessing stated education and experience on 750A, among others. When a NOF is issued, the employer has 35 days to remedy to CO's satisfaction or case will be denied.

5)Based on your estimates when one can see the bunch of approvals/RFE's/Denials/NOFS?
Unable to say at present. All of these have cases currently in process.

6)Do you know how one can appeal(Procedure) the LC when he/she had NOF?
If an employer feels that the NOF is erroneous, they may appeal to BALCA(see DOL website for details) who will review decision and either confirm denial or ask the BEC to reconsider/amend decision.
7)When an analyst process the cases, Does he/she follows the guidelines as per the LC filed state or GLOBAL UNIQUE PROCEDURE?"global" or whatever standard the DOL has agreed upon nationwide.

8)To my knowledge,Until issuing of 45 days letters are completed one may not see much move on decisions of cases as the resources are being utilized in the generation of so called 45 days letters.What is your take on this?
Although some personnel may be moved into analysis once Data Entry is wrapped up, the contract was awarded under the proposal that did not propose a 100% analysis labor shift. Obviously, personnel will be needed for mail processing, filing, and other departments, but chances are that as some job functions end, a slight reduction in staff will occur. Unfortunately, most of this is speculation.

Thank you in advance for reading and answering the possible questions and I apolozize if I have asked the questions more than your threshold.
 
aprlc2002 said:
Dont get Panic with this but, just keep it on mind that people who applied via TR can expect their approvals prior to RIR applicants. This is not just because they arent working on RIR but, they started working on them just two months ago.

It took a while for each adjucator to understand the whole process of RIR. That was the reason for this delay. At this time there are only 20 people handling RIR cases from 2001 and 2002 each are having at least 800 to 1000 cases in line. So this make you think of the time frame right... Yeah it might take a while for them to get adjusted to the process guidelines again guys

DONT GET PANIC and SHOOT ME with BUNCH OF questions.. please have patience after we all waiting for so long.. Believe me they are working but having policy is that all which matters at this time... People from 2003 RIR please you can start to post and view this thread safely at the year end. This is the very updated Info and Very very credible.

DISCLAIMER: The aforementioned statements are assessments and cannot be challenged at any Jurisdiction of law.
Click to expand...
 
Question about occupation code and job zone

You probably already knew that the occupational codes used in PERM are different than the ones used in old LCs. Especially for IT professions, you can now hardly find a job that can be categoriesed as an EB-2 job, like software engineer, which was a typical EB2 job before.

I remember I had read somewhere a few months back, implying that BEC will stick to the old job codes when it comes to backlog case analyzing. Can someone back me up here? I guess my concern is, how would they deal with cases filed as EB2 qualifications? If they prove them without asking anything in ETA to be changed, does it mean it can be considered an EB2 case in later phase of I140 and 485?

My thoughts are not clear right now. Someone please lighten me up.
 
juntha said:
I bugged my congressman (as you should all do) and got an writen answer today.

BEC philly is processing right now EVERY LC APPLICATIONS from April 2001. It will take 2-4 months to go thru all fo them. As you know there were TONS of application in April 2001 opened and unopened. Once those are gone, they expect to go thru every following month much faster.
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Question about FIFO

Dear God Bless You,

From what I have observed, people received 45 day letter not in the FIFO manner. As I called the Philly BEC today, the lady told me people who received the 45 day letter will receive approval earlier. This is so depressing and unfair. My PD is May 2002 and have not received the letter yet.

And my attorney told me nobody in NY state with PD after Dec. 2001 has received the letter.

Can you provide any insight on this? Thanks a lot!
 
From Yahoo groups

Hi,
My friend just got her LC cleared from BEC PHL at the end of May. Her
case details:

MD
EB2/RIR Computer Programmer
PD:JUL2001
DOL RD:NOV2003
45 day letter received: DEC2004
AD: end of MAY2005

She filed 140/485 this week already! It seems that PHL is working and
could have cleared cases earlier than April 2001 already!

lcyt2004
 
melindwang said:
Dear God Bless You,

From what I have observed, people received 45 day letter not in the FIFO manner. As I called the Philly BEC today, the lady told me people who received the 45 day letter will receive approval earlier. This is so depressing and unfair. My PD is May 2002 and have not received the letter yet.

And my attorney told me nobody in NY state with PD after Dec. 2001 has received the letter.

Can you provide any insight on this? Thanks a lot!
Click to expand...

as per
http://www.ows.doleta.gov/foreign/docs/online_manifest.xls
Phil BEC received NY 2001 Cases in different batches random order
New York Filing date date received
4/2/2001 - 12/31/2002 1/10/2005
10/24/2001 - 12/4/2001 1/11/2005
10/19/2001 - 3/6/2002 1/14/2005
1/10/2002 - 5/7/2002 1/19/2005
5/8/2002 - 12/31/2002 1/25/2005
4/13/2001 - 12/27/2002 2/4/2005
3/23/2001 - 12/17/2002 3/7/2005
1/2/2003 - 12/31/2004 3/8/2005
4/13/2003 - 8/9/2004 3/10/2005
8/4/2004 - 12/31/2004 3/23/2005
3/26/2001 - 12/30/2001 3/30/2005
1/3/2005 - 3/27/2005 4/18/2005
4/5/2001 - 12/31/2004 4/19/2005

some boxes from 1/10,1/11,1/14 might be opened and the cases which are in these boxes got 45 day letters.. it's my assumption..



and these are received 45 day letter from NY

mudra1234-Friend 30-Apr-01
srimoorthy 01-Oct-01
GOD_BLESS_YOU 01-Nov-01
ny2001 13-Nov-01
ahalem 13-Nov-01
nashgreat 14-Nov-01
ariesny1 14-Nov-01
noor 21-Nov-02
check the justwatching tracker for more details..
http://boards.immigrationportal.com/showthread.php?t=161571&page=67&pp=15
 
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