Philadelphia Backlog Elimination Center Tracking

Slayhy, Infact they waited till the documents received from PBEC.


slashy said:
Thanks for the information. That gives me some hope. I talked to my attorney and he wants to wait for the hard copy denial letter. Do you think I need to pursue him to call the PBEC? Can I call and find out the reason for the denial? With the way things work at PBEC, is there any chance they would tell me the reason for denial on the phone?

Sorry for asking too many questions but I am in a panic mode right now. Appreciate your help and information.
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Writing a Letter question

Has anyone here written a letter to the Labor secretary and /or their state representative and ask for help with their case. The reason I am asking is that I want to write a letter to someone who has some kind of political weight and ask for some help with my case. My PD is 02/04. I see a lot of cases being approved now already in 05. I have been in this country legally more than 15 years and I am afraid my daughter might age out by the time the paperwork is filed. That would be my worst nightmare. Also I want to avoid as much as I can the upcoming fee hike. I think that if and when the hike becomes permanent people that are stuck at the BEC should get a break because it's not our fault that they take forever to approve our case and they do not use FIFO.
So if you have sent a letter, please post the address here and if I want to contact my representative, who do I actually speak or write to in the office.
Thanks for your input.
 
NOF received.

Friends,

I got my screen shot last Wednesday and found that Case Status is "NOF". The screen shot shows that salary listed is less than prevailing wages. I enquired with my employer and attorney and they said they received NOF in October and it was replied on Nov 20th saying that they are paying more than the prevailing wages. I am concerned that even after almost three months the case status is still showing NOF in screen shot. Does any one of you know how much time it takes to adjudicate the case? How can we confirm that they received the reply? Thanks,
 
Hi Guys.

I got a screen shot and it says "Case Status: Final Review". Any one knows what that means? Any one with the same experience? Any input will be deeply appreciated.
Thanks.:)
 
I just cheked the tracking system of the pbec and cases before my case are certified, mine is still in the process, hope all get the LC
 
PBECIsKillingMe, MDwatch, Mvinays, and other BEC folks

I had requested for screen-shot from PBEC and finally got one on last Friday. The screen shot shows prevailing wage as $38272 per year. which is for Level 1. Whereas we had applied for a position with Level 2 in Ridgeland MS, which requires $70491 per year. Our plan was to apply under EB2, using Level 2 wages. However the rate of pay is listed as $70000 per year.

FLC Wage Results:
Area Title: JACKSON, MS MSA
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $18.40 hour - $38,272 year
Level 2 Wage: $33.89 hour - $70,491 year
GeoLevel: 2

Screen shot details:
ETA Case Number: P-05013-242XX
Priority Date: 05/24/2004
Processing Type: RIR
Case Source: State
Employer Name: Company Name
Business Activity: SOFTWARE DEVELOPMENT
Occupation Title: SOFTWARE ENGINEER
Occupation Code: 030062010
Rate of Pay: $ 70000 / Yearly
Prevailing Wage: $ 38272 / Yearly
Alien Name: My Name
Visa Type: H-1B

Since the prevailing wage is listed incorrectly, what do you guys think? Could this be an error by PBEC during data entry? or mix-up by my lawyer in the application?

Also my screen shot does not contain the Case Status field, but I have seen other folks here listing it.

Let us say this is based on the application that has been submitted, and it can't be changed now, I need to figure out whether Level 1 is still EB2 or not.

I am going to take this up with my lawyer and see what she thinks about it. But wanted to get the opinion from you guys, so I am better prepared in terms of what to ask and how to go about it.

Thanks guys!
 
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another_fella said:
PBECIsKillingMe, MDwatch, Mvinays, and other BEC folks

I had requested for screen-shot from PBEC and finally got one on last Friday. The screen shot shows prevailing wage as $38272 per year. which is for Level 1. Whereas we had applied for a position with Level 2 in Ridgeland MS, which requires $70491 per year. Our plan was to apply under EB2, using Level 2 wages. However the rate of pay is listed as $70000 per year.

FLC Wage Results:
Area Title: JACKSON, MS MSA
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $18.40 hour - $38,272 year
Level 2 Wage: $33.89 hour - $70,491 year
GeoLevel: 2

Screen shot details:
ETA Case Number: P-05013-242XX
Priority Date: 05/24/2004
Processing Type: RIR
Case Source: State
Employer Name: Company Name
Business Activity: SOFTWARE DEVELOPMENT
Occupation Title: SOFTWARE ENGINEER
Occupation Code: 030062010
Rate of Pay: $ 70000 / Yearly
Prevailing Wage: $ 38272 / Yearly
Alien Name: My Name
Visa Type: H-1B

Since the prevailing wage is listed incorrectly, what do you guys think? Could this be an error by PBEC during data entry? or mix-up by my lawyer in the application?

Also my screen shot does not contain the Case Status field, but I have seen other folks here listing it.

Let us say this is the application has been submitted, and it can't be changed now, I need to figure out is whether Level 1 is still EB2 or not.

I am going to take this up with my lawyer and see what she thinks about it. But wanted to get the opinion from you guys, so I am better prepared in terms of what to ask and how to go about it.

Thanks guys!
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As far as my understanding, Levels are dependant on geographical location. It looks like your geographical location comes under Level 2. There is a small discrepancy between your prevailing wage and existing wage of below $500. Your company just need to send a letter that your salary would be above $70,500 and will work fine.

Good luck.
 
PBECIsKillingMe said:
This means your labor is due any time. Baby is on the way :)
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Not 100%. In my case after final review, i received NOF. What I understand with final reveiw is, some one is defenately looking into your case and will be approved in some time or chance of sending NOF.

In my case they missed experience summary sheet from form 750 A.

My attorney had all documents and she sent it in last week with reply to NOF.
 
At Last

5 years wait came to an end when my attorney received the certified LC on Feb19, 07.

I wish everyone good luck and hope other people will also get out of this mess soon.

FEB2002/VA/EB3
45 DAYS FEB 2005
NOF DEC 2006
REPLIED JAN10th, 2007
APPROVED FEB19th, 2007

I know how much painful the journey has had been. Folks, don't rely on attorney 100%, keep on follwing up from your end and make sure that attorney replies any asked document like 45 days, NOF in time.
 
another_fella said:
PBECIsKillingMe, MDwatch, Mvinays, and other BEC folks

I had requested for screen-shot from PBEC and finally got one on last Friday. The screen shot shows prevailing wage as $38272 per year. which is for Level 1. Whereas we had applied for a position with Level 2 in Ridgeland MS, which requires $70491 per year. Our plan was to apply under EB2, using Level 2 wages. However the rate of pay is listed as $70000 per year.

FLC Wage Results:
Area Title: JACKSON, MS MSA
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $18.40 hour - $38,272 year
Level 2 Wage: $33.89 hour - $70,491 year
GeoLevel: 2

Screen shot details:
ETA Case Number: P-05013-242XX
Priority Date: 05/24/2004
Processing Type: RIR
Case Source: State
Employer Name: Company Name
Business Activity: SOFTWARE DEVELOPMENT
Occupation Title: SOFTWARE ENGINEER
Occupation Code: 030062010
Rate of Pay: $ 70000 / Yearly
Prevailing Wage: $ 38272 / Yearly
Alien Name: My Name
Visa Type: H-1B

Since the prevailing wage is listed incorrectly, what do you guys think? Could this be an error by PBEC during data entry? or mix-up by my lawyer in the application?

Also my screen shot does not contain the Case Status field, but I have seen other folks here listing it.

Let us say this is based on the application that has been submitted, and it can't be changed now, I need to figure out whether Level 1 is still EB2 or not.

I am going to take this up with my lawyer and see what she thinks about it. But wanted to get the opinion from you guys, so I am better prepared in terms of what to ask and how to go about it.

Thanks guys!
Click to expand...

In my opinion you are good. Offered wage should be within 95% of the Prevailing wage. Difference in your case is not 5% even if they consider level 2 wage.

From your screenshot it appears that they are considering level 1 wage. Wages is not an issue in your case.
 
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NOF thread

Labor_samasya said:
Friends,

I got my screen shot last Wednesday and found that Case Status is "NOF". The screen shot shows that salary listed is less than prevailing wages. I enquired with my employer and attorney and they said they received NOF in October and it was replied on Nov 20th saying that they are paying more than the prevailing wages. I am concerned that even after almost three months the case status is still showing NOF in screen shot. Does any one of you know how much time it takes to adjudicate the case? How can we confirm that they received the reply? Thanks,
Click to expand...

You can follow this NOF thread . I am in the same boat but from what I know BEC has normally been clearing the cases in a month to month and a half. I got NOF for prevaling wage and replied it on 19 Jan and here its 20 feb still no change in status.
 
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PBECIsKillingMe

Thanks for responding back. Per the communication from my lawyer at the time of Labor filing, this is what she said about pay:

"According to the 2004 OES wage survey, the prevailing wage for a level 2 software engineer in Ridgeland, MS is 70,491 per year. Thus the minimum wage offered must be 67,000, which is 95% of the prevailing wage."

But if it has changed, and they need the full prevailing wage to be offered, then a letter supporting the same can be submitted, like you suggested. But do we need to send the letter now or at the time of 140 filing?



PBECIsKillingMe said:
As far as my understanding, Levels are dependant on geographical location. It looks like your geographical location comes under Level 2. There is a small discrepancy between your prevailing wage and existing wage of below $500. Your company just need to send a letter that your salary would be above $70,500 and will work fine.

Good luck.
Click to expand...
 
thank you

That is what my lawyer also told at the time of filing. Thanks for responding back!

DOL_Ka_Shikar said:
In my opinion you are good. Offered wage should be within 95% of the Prevailing wage. Difference in your case is not 5% even if they consider level 2 wage.

From your screenshot it appears that they are considering level 1 wage. Wages is not an issue in your case.
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Status update

Sent for a status update this morning to mailto:H1B7YR@PHI.DFLC.US. No status field either. Just the normal. Everything filled out since god knows when. Still waiting. They sign off with this:

Dear Requester
Current processing information can be obtained by visiting our website at http:pds.pbls.doleta.gov.

Thank you,

H-1B Visa Team

That's just B****.
They do not follow any kind of structure. Not sure who wrote the program. A moron probably.
Still waiting and worried about aging out of kids and fee hikes.
 
I got exactly same reply. Not able to see the status filed.

Seems like this guys dont want to help us out any more.:mad:

agron said:
Sent for a status update this morning to mailto:H1B7YR@PHI.DFLC.US. No status field either. Just the normal. Everything filled out since god knows when. Still waiting. They sign off with this:

Dear Requester
Current processing information can be obtained by visiting our website at http:pds.pbls.doleta.gov.

Thank you,

H-1B Visa Team

That's just B****.
They do not follow any kind of structure. Not sure who wrote the program. A moron probably.
Still waiting and worried about aging out of kids and fee hikes.
Click to expand...
 
Received a NOF

My guts feeling was right, seeing many cases with PD after mine got certified, I was wondering something wrong with my case, here it finally came today - a NOF, how "lovely"!

The finding is - Rejection of U.S. Workers
It listed a bunch of law terms first, then say "according to the recruitment report, dated March 23, 2004, xx responses to recruitment were received for the position xxxxx, and 1 (of those candidates) is currently earning more than the employer's offer, or because they currently make more than the employer's salary offer, is an unlawful rejection of workers. The employer has to at least offer the position and its corresponding wage to the candidate and wait for the candidate to deny the offer."

My then manager said he did talk to this candidate and he indicated he wouldn't accept the offer, which was $20k lower than what he made at that moment. I have contacted my lawyer to handle the NOF.
This is to share the info with folks here and also if any of you have similar experience, please let me know how likely my case could be certified or denied? Thanks in advance.

BTW, status on the website still shows "in process" for my case, and no NOF in the screen shot I got last week.
 
PBECVictim10000 said:
My guts feeling was right, seeing many cases with PD after mine got certified, I was wondering something wrong with my case, here it finally came today - a NOF, how "lovely"!

The finding is - Rejection of U.S. Workers
It listed a bunch of law terms first, then say "according to the recruitment report, dated March 23, 2004, xx responses to recruitment were received for the position xxxxx, and 1 (of those candidates) is currently earning more than the employer's offer, or because they currently make more than the employer's salary offer, is an unlawful rejection of workers. The employer has to at least offer the position and its corresponding wage to the candidate and wait for the candidate to deny the offer."

My then manager said he did talk to this candidate and he indicated he wouldn't accept the offer, which was $20k lower than what he made at that moment. I have contacted my lawyer to handle the NOF.
This is to share the info with folks here and also if any of you have similar experience, please let me know how likely my case could be certified or denied? Thanks in advance.

BTW, status on the website still shows "in process" for my case, and no NOF in the screen shot I got last week.
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Hi PBCVictim,

I also have the same NOF 'Rejection of US workers' and one more 'Minimum Job Requirements'. My attorney rebutted for this one on Dec 21 2006. It is almost 2 months now and still my case is showing In Process.

I dont have the rebuttal detail and I hope and believe he would have done a decent job in rebuttal.

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

Case Type: EB2-NJ-RIR
Priority Date: August 2002
Got NOF on: December 11 2006
Replied for NOF: December 21 2006
ETA case number: P-05234-xxxxx
Right now: on H1 B 7th year extension
Case status now: In Progress
 
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