PBEC:Cases from 2001 and early 2002 that are stuck

akela

Registered Users (C)
I am trying to get some kind of analysis going on why there is delay. One can argue that there is no method in this madness and everything is random and thus trying to find a pattern is a waste of time. Let me say, I strongly believe based on the data we see that there is some method in the approvals of PBEC.
The trend are obvious, some states with earlier PDs (like VA and MD, cases stuck from 2001 and recently CA and NJ which had cases stuck from 2002) are being adjudicated first, the cases that were already cleared by state are given higher preference and RIR is faster than TR.
Still some of us, who fall within the above mentioned criteria re stuck when they should have been approved. Can we all collect data and see if there is any trend.
One strong speculation can be found here, as per one insider's news (whom I believe based on many interactions I had and based on my own hot line)
“=========AprLc2002 Post
Hi All,

hope you are doing fine and some of you are still in Dol-drums.

I came to know some info which I want share with you all about PBEC.

Selection and Approval Criterion

Approval criterian is solely based on the job requirement and for the position you applied and actual experience and Edu. qualification you have.

For Ex: if you are EB2 and you only have BS with 5 years and you are wanting to have MS or BS with 5 years you are moved into low priority approval phase whcih they would be revisiting eventually dont know when

If you are EB3 and you have a MS or BS with 5 yrs or more and you require BS with 3 years for the Job requirement then your Approval priority is hich.

If you are EB2 and you have MS with 2 yrs exp and you require Ms with 0 yrs exp.. then you fall in High Priority too...

Selection Criteria: Is solely based on all the states So once the high Priority approval phases across all the states done.. they will be moving onto the med level priority across all states starting with MD and VA.....

hope this helps
================

I will put down my case detail,
Filed on May 1 2002, VA RIR EB-2. State cleared in Dec 2003, My qualification for LC was MBA + 2 years of IT related experience (filed for System Analyst). I do not know how to get what my position required. The salary entered for me for that year is wrong (is that a problem, an error by PBEC?) and is 30% more than the prevailing wage. I know of 6-7 people who filed on my date from my company, all but 2 of us have already have there LC approved. I have called my hotline and a lady (I believe she is not an analyst) have been telling me for months now that I should be approved within couple of months. Of course those deadlines have come and gone. I am in the final review stage for I guess at least 4 months (I suspect I have been in that status for far longer than that, I only asked specifically that question in January 06)

Guys, who are stuck, please put in as many detail as you can. Who knows what is the criteria PBEC is using, maybe what AprLC2002 wrote is right, maybe there is some other explanation. We can only know if we have enough data on people who are left behind. So please post your details
 
PD earlier than Aug 2002

akela said:
I am trying to get some kind of analysis going on why there is delay. One can argue that there is no method in this madness and everything is random and thus trying to find a pattern is a waste of time. Let me say, I strongly believe based on the data we see that there is some method in the approvals of PBEC.
The trend are obvious, some states with earlier PDs (like VA and MD, cases stuck from 2001 and recently CA and NJ which had cases stuck from 2002) are being adjudicated first, the cases that were already cleared by state are given higher preference and RIR is faster than TR.
Still some of us, who fall within the above mentioned criteria re stuck when they should have been approved. Can we all collect data and see if there is any trend.
One strong speculation can be found here, as per one insider's news (whom I believe based on many interactions I had and based on my own hot line)
“=========AprLc2002 Post
Hi All,

hope you are doing fine and some of you are still in Dol-drums.

I came to know some info which I want share with you all about PBEC.

Selection and Approval Criterion

Approval criterian is solely based on the job requirement and for the position you applied and actual experience and Edu. qualification you have.

For Ex: if you are EB2 and you only have BS with 5 years and you are wanting to have MS or BS with 5 years you are moved into low priority approval phase whcih they would be revisiting eventually dont know when

If you are EB3 and you have a MS or BS with 5 yrs or more and you require BS with 3 years for the Job requirement then your Approval priority is hich.

If you are EB2 and you have MS with 2 yrs exp and you require Ms with 0 yrs exp.. then you fall in High Priority too...

Selection Criteria: Is solely based on all the states So once the high Priority approval phases across all the states done.. they will be moving onto the med level priority across all states starting with MD and VA.....

hope this helps
================

I will put down my case detail,
Filed on May 1 2002, VA RIR EB-2. State cleared in Dec 2003, My qualification for LC was MBA + 2 years of IT related experience (filed for System Analyst). I do not know how to get what my position required. The salary entered for me for that year is wrong (is that a problem, an error by PBEC?) and is 30% more than the prevailing wage. I know of 6-7 people who filed on my date from my company, all but 2 of us have already have there LC approved. I have called my hotline and a lady (I believe she is not an analyst) have been telling me for months now that I should be approved within couple of months. Of course those deadlines have come and gone. I am in the final review stage for I guess at least 4 months (I suspect I have been in that status for far longer than that, I only asked specifically that question in January 06)

Guys, who are stuck, please put in as many detail as you can. Who knows what is the criteria PBEC is using, maybe what AprLC2002 wrote is right, maybe there is some other explanation. We can only know if we have enough data on people who are left behind. So please post your details


We all can put our info here but what exactly we are going to do with that? Instead can we hire lawyer? who can query on our behalf. (I am ready to pay some contribution)
I asked my company’s lawyer but I know what answer I am going to get (you will get in couple of months to keep my mouth shut).

There are only two possibilities
1) Either there is some reason (as you explained), which means we will get it in second round. If we hire lawyer we can find out when will be that second round? Is it after approving all high prio applications until 2004/2005 cases?
What is the threshold here to start second sweep?
PPL with PD 2001 are still waiting and they are moving to 2003 now?

2) There is no reason but just some group is not active or missed because of some technical difficulties, In that case at least asking with some proper source can make some difference.

What you guys think????
:confused:
Ladude10
CA-PD 2002
45 day replied in dec 2004
EB3
 
Last edited by a moderator:
ladude10 said:
We all can put our info here but what exactly we are going to do with that? Instead can we hire lawyer? who can query on our behalf. (I am ready to pay some contribution)
I asked my company’s lawyer but I know what answer I am going to get (you will get in couple of months to keep my mouth shut).

There are only two possibilities
1) Either there is some reason (as you explained), which means we will get it in second round. If we hire lawyer we can find out when will be that second round? Is it after approving all high prio applications until 2004/2005 cases?
What is the threshold here to start second sweep?
PPL with PD 2001 are still waiting and they are moving to 2003 now?

2) There is no reason but just some group is not active or missed because of some technical difficulties, In that case at least asking with some proper source can make some difference.

What you guys think????
:confused:
Ladude10
CA-PD 2002
45 day replied in dec 2004
EB3


There is a conference call by Rajiv tommorow afternoon. If guys here want to ask on this issue and willing to contribute he can help
 
saknia said:
There is a conference call by Rajiv tommorow afternoon. If guys here want to ask on this issue and willing to contribute he can help

Guys anybody up for tomorrow's conference call? Can we send our questions in advance before conference?
To sum up I think we need to ask only this,
why some of the 2001 and 2002 cases are not approved yet? What we are missing there? Is there anything we can do?
:confused: :confused:
Ladude10
PD July2002
45-day letter replied in December 2004
CA-EB3
Status RIR
 
Conference call Today

10th May 2006 until 10th June 2006
monica1
Administrator Join Date: Sep 2002
Posts: 125

Conference Call on "Labor Certifications", May 12, 06, 2:30 p.m, EST

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

Mr. Khanna has scheduled a conference call tomorrow (May 12, 06) at 2:30 p.m, EST.
The topic of discussion is "Labor Certifications".

To participate in the call, please use the information below:

Dial-in Number: 1-641-696-6699
Participant Access Code: 212100

We are using a new conference call service, therefore please ignore glitches, if any.

Note - The call will start at 2:30 p.m, sharp.


Thanks

Law Offices of Rajiv S. Khanna, P.C
 
I just called my hot line (again!!). This is what she had to say. She said they are trying to follow FIFO but for many reasons they are unable to. There are 30 contractors and 10 federal regulator adjudicating cases and my case is in the queue. She said again should be out in a month (heard that 5 months ago :) ) I forgot to ask about that easier cases are being adjudicated first. One new informaion she said, they did regional TR ahead of regional/state RIR, which they are doing together (I feel this is incorrect going by what is in the website)

take it for what's it is worth.

rgds,
akela without GC
 
akela said:
The conf call is today!!
I am already in. it is locked now.

MOre update....
I talked to Rajiv and some other gentleman also supported to my question, Rajiv is suggesting to call PEBC with some proper source (either HR/manager or Lawyer) to find out what’s going on with 2001 & 2002 applications...
So guys please try to findout what's going on with our appl. I am going to talk to my manager if I my lawyer did not respond... I will let you know the findings...



Ladude10
CA-PD 2002
45 day replied in dec 2004
EB3
 
Last edited by a moderator:
Any Updates?

Do we have any updates regarding the early 2002 cases that are still stuck? Did anyone try on Rajiv's suggestion of calling PBEC with helpof attorney/HR?
:confused:
 
ben123 said:
Do we have any updates regarding the early 2002 cases that are still stuck? Did anyone try on Rajiv's suggestion of calling PBEC with helpof attorney/HR?
:confused:
akela and ben123,

I am not trying to scare you guys here, just another thought/possibility...
Are you sure your cases are still pending at PBEC?? where i am driving at is, your cases might have already got approved last year(when many cases from VA with pd2002 were approved), ur employer got the info, but he sold to someone else for 30k or something... so try to find from ur employer that this is not the case.... The cases i am talking about are EB2/RIR cases filed in VA in march-may,2002, which were approved almost 12 months back by PBEC.

just my 2 cents, after all we have to atleast try to help each other, no one else does...

Csrini1
 
Almost Sure!

I did get a recent status screenshot through my attorney only last month showing my case status to be RIR, would that make it sure enough that they have not sold out my LC? I am of the opinion that our files are with some one at PBEC who is either on vacation for a long time or is just inefficient to the extent that all the files he/she has are still pening.

Any more suggestions to what should we do considering our cases are still at PBEC?
:mad:
 
csrini1 said:
akela and ben123,

I am not trying to scare you guys here, just another thought/possibility...
Are you sure your cases are still pending at PBEC?? where i am driving at is, your cases might have already got approved last year(when many cases from VA with pd2002 were approved), ur employer got the info, but he sold to someone else for 30k or something... so try to find from ur employer that this is not the case.... The cases i am talking about are EB2/RIR cases filed in VA in march-may,2002, which were approved almost 12 months back by PBEC.

just my 2 cents, after all we have to atleast try to help each other, no one else does...

Csrini1



I don’t think so I got screen shot eight month’s ago showing status RIR.
I work for big size company they would not do that. Also I asked my Lawyer and HR recently to initiate and inquiry to make sure my case is still alive, let’s see what is coming up. Initial answer from my lawyer was because person who is handling my case may be busy but I think there is some pattern for cases, which are not approved yet. If we inquire with proper sources then at least we would know the reason and we can do something from our side.
(It could be as simple as software glitch…link list is broken….some servers down…or it is just an ignorance which we need to brought an attention to …it could be anything)
Hoping for the best…

:confused: :confused: :confused:
Ladude10
Prio date July 2002, CA
 
ben123 said:
I did get a recent status screenshot through my attorney only last month showing my case status to be RIR, would that make it sure enough that they have not sold out my LC? I am of the opinion that our files are with some one at PBEC who is either on vacation for a long time or is just inefficient to the extent that all the files he/she has are still pening.

Any more suggestions to what should we do considering our cases are still at PBEC?
:mad:

PBEC has stopped showing case Status in email they sent. How come your Attorney got that now. Either you have misunderstood the Case Status Field or he has sent you an ole one he has just to keep you shut
 
csrini1 said:
akela and ben123,

I am not trying to scare you guys here, just another thought/possibility...
Are you sure your cases are still pending at PBEC?? where i am driving at is, your cases might have already got approved last year(when many cases from VA with pd2002 were approved), ur employer got the info, but he sold to someone else for 30k or something... so try to find from ur employer that this is not the case.... The cases i am talking about are EB2/RIR cases filed in VA in march-may,2002, which were approved almost 12 months back by PBEC.

just my 2 cents, after all we have to atleast try to help each other, no one else does...

Csrini1

This could be True. If you work for smaller companies all they care about is few extra bucks and donlt value your realtionship with them

If any new guy joins and promisese them higher billing they will use that for him to lure him in to the compnay than to patronize a Guy who is with them all these Years
 
Suggestions Needed

My HR Manager has agreed to help me call PBEC, she will speak to the attorney as well but is ready to call on her own if attorney does not respond back in timely manner.

I need suggestions on how to make a case for us when calling PBEC. Also what is the best number/time to call? Any helpful tips are welcome!

ladude10 said:
I am already in. it is locked now.

More update....
I talked to Rajiv and some other gentleman also supported to my question, Rajiv is suggesting to call PEBC with some proper source (either HR/manager or Lawyer) to find out what’s going on with 2001 & 2002 applications...
So guys please try to findout what's going on with our appl. I am going to talk to my manager if I my lawyer did not respond... I will let you know the findings...



Ladude10
CA-PD 2002
45 day replied in dec 2004
EB3
 
Unapproved Labor from 2002

Count me in...
-------------------------------------------
NJ EB2 RIR
PD : May 23 2002
RD : ???
45 day letter : October 18, 2005
ETA Case Number: P-05207-44xxx
 
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