Philadelphia Backlog Elimination Center Tracking

i doubt that they will stick to the FIFO rule. They can do this only roughly by sending the 45-day letter according to the PD indicated by box index, in which those backlogged cases are loaded and transfered from the SWA or regional office. According to the "Guidance for the backlogged cases transfer to BEC", all the cases are arranged in the box by PD and there is a checklist attached to each box, indicating the date of RD (receiving date, for SWA cases ,it is the PD;for regional baclogged case, they are receiving date by individule regional office redardless of their original PD ). Since those 11000 cases (first patch sending out -45 day letter) are the first to arrive at BEC, they are definitly from various regional offices and there is no surprise in seeing such random PDs among them. Those cases I guess are to be processed first regardless of PD. It is much efficient to begin the process with them now than to wait and to take extra resources to sort them out one after one, unless they have computer system can list them in an auto way and be forwarded to the processing RIR or nonRIR team. It take them 3 months to enter those 11000 cases. If they wait all the cases are to be entered before running the process, they will wait another 57 months.

I doubt that they will finish all the backlogged cases in 2 years. This is the 4th month of 2005 fiscal year, they only enter the 1/20 of the cases, not mentioning the running of the process. They should hire more volunteers for the data entering work.
BEC is a waste in clearing the backlogged cases in some sense. Since more than half of the backlogged cases are from regional offices. These cases already have been ungone strigent review by state DOL, and almost done, right now they are processed from none again, adding much unnecessary workload.
I expect they will open and select boxes by RD, hopefully soon they will open the boxes from state DOLs.
 
Is it reasonable for the lawyer to charge us to reply the letter

My lawyer charged $75 for replying the 45 days letter although I already payed a package for the GC application. Is this reasonable? Does your lawyer charge extra for this letter?

Thanks
 
lvka said:
My lawyer charged $75 for replying the 45 days letter although I already payed a package for the GC application. Is this reasonable? Does your lawyer charge extra for this letter?

Thanks
Click to expand...

'BS' I won't pay a single $. Just for one signature your lawyer charged you $75. You got to be kidding me.
 
Totally agree.

I personally think they are just asking for burdens by setting up BEC and PERM system right now. With EB3 retrogression, people are planning to jump on the PERM train even they have pending cases filed already. This will potentially tremendously increase the filings under PERM. And you can expect the EB2 category will soon be crowded too. This is far beyond efficiency or fairness or any reasoning. But again, I've already given up reasoning with GC process.

nomorewait said:
i doubt that they will stick to the FIFO rule. They can do this only roughly by sending the 45-day letter according to the PD indicated by box index, in which those backlogged cases are loaded and transfered from the SWA or regional office. According to the "Guidance for the backlogged cases transfer to BEC", all the cases are arranged in the box by PD and there is a checklist attached to each box, indicating the date of RD (receiving date, for SWA cases ,it is the PD;for regional baclogged case, they are receiving date by individule regional office redardless of their original PD ). Since those 11000 cases (first patch sending out -45 day letter) are the first to arrive at BEC, they are definitly from various regional offices and there is no surprise in seeing such random PDs among them. Those cases I guess are to be processed first regardless of PD. It is much efficient to begin the process with them now than to wait and to take extra resources to sort them out one after one, unless they have computer system can list them in an auto way and be forwarded to the processing RIR or nonRIR team. It take them 3 months to enter those 11000 cases. If they wait all the cases are to be entered before running the process, they will wait another 57 months.

I doubt that they will finish all the backlogged cases in 2 years. This is the 4th month of 2005 fiscal year, they only enter the 1/20 of the cases, not mentioning the running of the process. They should hire more volunteers for the data entering work.
BEC is a waste in clearing the backlogged cases in some sense. Since more than half of the backlogged cases are from regional offices. These cases already have been ungone strigent review by state DOL, and almost done, right now they are processed from none again, adding much unnecessary workload.
I expect they will open and select boxes by RD, hopefully soon they will open the boxes from state DOLs.
Click to expand...
 
Can't agree more!

lavendersummer said:
Totally agree.

I personally think they are just asking for burdens by setting up BEC and PERM system right now. With EB3 retrogression, people are planning to jump on the PERM train even they have pending cases filed already. This will potentially tremendously increase the filings under PERM. And you can expect the EB2 category will soon be crowded too. This is far beyond efficiency or fairness or any reasoning. But again, I've already given up reasoning with GC process.
Click to expand...

To make matters worse, if you check the postings on other trackers you will notice that other DOLs (i.e.: NY and Boston) are processing the cases instead of transfering to BEC. Couple of poeple got their certifications in the last couple of days, while we are here waiting for the so called love letter.

As you said: "This is far beyond efficiency or fairness or any reasoning."...God helps us all!
 
Any one Got love letter for NJ State OR every one is getting for Just Regional
I don't no what whould happen to my case it will go to BEC or it will process normally
as New York Regional is Going to work until end of 2005, so can some one share the news they have
 
Anyone With Ca - Rir - Rd - Dec 2003????

Any one with RD-Dec2003 - CA - RIR??? receive the 45-days letter. Could you please let me know. Thanks.
 
Did anyone receive letter who has PD & RD as/after mine?

Hey, still has not received any letter....

VA RIR PD May 17,2002 DOL RD Jan 2004


Does anyone has received letter who had PD or RD around the same as mine or after mine ?

Please post your views....
Thanks
 
EB-3 Retrogression and Fate of Pending I-485 Cases for Dependents

:) A large number of new EB-3 immigrants were young and single in mid-twentieth in age. This is particularly true with the Indians. In order to take advantage of the rules of "accompanying spouse" or "following to Join spouses," they married in India and brought the new brides to the U.S. in H-4. There are a substantial number of I-485 cases which were filed by these spouses. Some of the principal aliens have already received the approval of I-485 but the I-485 cases for the spouses were still pending when there was a hit of visa number retrogression on January 1, 2005. How have they been affected by the EB-3 visa retrogression?

:) Their priority date is same as the principal alien's and the USCIS and the visa posts will not be able to adjudicate their I-485 or immigrant visas until they reach their priority dates. Apparently, this will not create any hardships for the spouses in the U.S., but those who opted to take the route of consular processing for immigrant visa rather than I-485 route face hardships because of the forced separation of the newly weds. The principal aliens are already a permanent resident and they are unable to bring their new spouses in H-4 or other dependent nonimmigrant visas. Unlike the spouses of U.S. citizens who can join the U.S. citizen spouses in K-3 visas pending the immigration proceeding, there is no such mechanism available for the spouses of the new permanent residents in the context of the visa number retrogression. Tough!

Source: immigration-law.com
 
Prospects for Labor Certification Backlog Removal in Two Years

:( The DOL is currently working under the backlog reduction plan which targets to remove the entire backlog cases in two years. The backlog cases are estimated to far exceed 300,000. However, one wonders how the goal can be achieved by the two Backlog Processing Centers without a substantial number of those cases being swifted to the other two National Processing Centers. Logistically, unless such swift takes place, the works between the two Backlog Processing Centers (300,000+) and the two National Processing Centers (new PERM applications) may also turn out to be imbalanced with the resultant inefficient and ineffective use and management of available adjudication resources.

:( It appears that such swift must be achieved in the form of conversion of existing cases to the PERM cases. However, because of the ill-timed launch of the PERM program and extremely high risk embedded in the conversion requirements under the PERM Final Rule, one cannot expect a massive swift of cases from the Backlog Processing Centers to National Processing Centers. Ironically, the DOL is launching the PERM program at a time when the EB-3 visa numbers starts retrogressing. The retrogression of visa numbers places less weight and importance on prompt approval of labor certification applications than preservation of priority dates. Additionally, the FIFO rule of processing of backlog cases induces the oldest filers to hesitate to consider conversion of the pipeline cases to the PERM cases. Accordingly, it is most likely that those who consider the conversion will turn out to be recent filers when it comes to Indians, Chinese, and Philippines nationals.

:( On top of the ill-timed launch of the PERM program, the dead traps embedded in the conversion in terms of priority dates will lead to hesitation of a large number of backlog cases to file a conversion. In hindsight, the DOL should have liberalized the conversion opportunity which would guarantee preservation of the priority dates. The Final Rule moved towards the other direction.

:( Under the circumstances, DOL may have to require the National Processing Centers to participate in the backlog reduction works for effective utilization of resources as well as for assistance with the Backlog Processing Centers to manage the reduction of backlogs within certain period of time. The DOL would have achieved the transition and reorganization more smoothly from the two-tier system to the single-tier system, had it planned the timing of the PERM launch program appropriately and provided liberal opportunities for conversion in the Final Rule. Conversion would have allowed the DOL to remove some of those cases from 45 to 60 days, accelerating removal of backlog cases. Participation of the National Processing Center resources in the backlog reduction will involve the same protracted processing procedures which will be governed by the current labor certification rules and may turn out to add just number of resources to the backlog reduction workforces. Considering the fact that "six" Regional Certifying Offices had failed to remove the backlogs and piled up over 300,000 cases, one wonders how participation of the part of workforces of the National Processing Centers in the Backlog Processing Centers' cases would remove the mountain of backlogs in two years. We will watch closely how the operation of reengineering will unfold during the next two years.

Source: immigration-law.com
 
CT Labor: Applications forwarded to Philli?

:confused: Could someone please provide input on CT cases being sent to the BEC?

From what I understand, a first batch of cases filed in CT were supposed to be sent to BEC sometime in December 2004. IT seems like they are working on something but labor certifications as the date has not moved from being May2003 since the past 2 months. Apparently, something is going on and we have no clue. :eek:
If someone could shed some light, we would appreciate it.

My company's lawyer apparently has no clue :mad: ... probably like most of us.

Please help.

-------------------
state filed in: CT
PD: June 2003
 
Enetring data ?

I heard many times that BECs are busy entering data from files that arrived from regional offices into their database.

But it is hard to imagine that the data was not entered by the regional and state offices in their daily routine.

Why cannot they just convert the databases?

Looking into http://www.flcdatacenter.com/casesearchperm.asp it look like the existing database is comprehensive enough.
Am I missing something?
 
Question about 45 day letter

Hi,

I heard from a collegue of mine that the 45 day letter is received by the Company and not the Lawyers, can some one confirm this please. unfortunately my GC lawyers are not in the same state as my Co. would appreciate it if some one could answer my query.

My other query is, is it true that for pre approved labor the PD is going to be 140 filing date after 1st of Jan.

My case is such that my husbands labor is pending at PA regional since july 2003, i am planning on using his labor as and when it gets approved, and my lawyer/co is still waiting for the 45 day letter to come through from the BEC, so essentially if i consider using my husbands pre approved labor (since my husband is no longer in the same company) will my PD be Jan 2003 (his labor filing date) or will it be 140 filing date after the labor gets approved, have been reading different posts in this regard. will really appreciate some input.

thanks and regards
 
indian_labor said:
Hi,

I heard from a collegue of mine that the 45 day letter is received by the Company and not the Lawyers, can some one confirm this please. unfortunately my GC lawyers are not in the same state as my Co. would appreciate it if some one could answer my query.
Click to expand...

Both company and Attorney recieves this letter

My other query is, is it true that for pre approved labor the PD is going to be 140 filing date after 1st of Jan.

My case is such that my husbands labor is pending at PA regional since july 2003, i am planning on using his labor as and when it gets approved, and my lawyer/co is still waiting for the 45 day letter to come through from the BEC, so essentially if i consider using my husbands pre approved labor (since my husband is no longer in the same company) will my PD be Jan 2003 (his labor filing date) or will it be 140 filing date after the labor gets approved, have been reading different posts in this regard. will really appreciate some input.
thanks and regards
Click to expand...

Priority date is allien based hence you can't use the PD of the (different person) approved labor.Hence the date you file your LC in this case your I-140 is the date of your PD.

Bec request this info whether to continue or withdraw the alliens LC. In that case your company should agree to continue.

Subsititutions should exactly match with experience and qualification as entered in form ETA-750 for the same job.
 
Recieved the letter from BEC

Well I got a call from my lawyer and it was told to me that they got the letter and then they enquired from my HR whether they want to pursue my labor app. Lawyer has sent back the response to BEC. my question is now what next? what are the chances of labor being approved? what timeframe are we looking for labor app being approved?
My details are PD Dec5,2002 Recieved regional Philly August 25,2003.
Thanks
 
Thanks a lot for the quick response, i guess it does makes sense that for pre approved labor, PD is the 140 date, and as for job requirement and experience being the same.. fortunately for me, me and my husband do have the same qualifications and experience actually... but then if the PD is only going to be my 140 date, then i guess it makes better sense for me to apply for my own GC through the perm process, if i am not going to gain much time as far as PD is concerned.

thanks again
regards
 
san27geet said:
Well I got a call from my lawyer and it was told to me that they got the letter and then they enquired from my HR whether they want to pursue my labor app. Lawyer has sent back the response to BEC. my question is now what next? what are the chances of labor being approved? what timeframe are we looking for labor app being approved?
My details are PD Dec5,2002 Recieved regional Philly August 25,2003.
Thanks
Click to expand...

Could you please let us know exactly, what date you received/responded the letter?

Thank

AwardMyGC
 
AwardMyGC said:
Could you please let us know exactly, what date you received/responded the letter?

Thank

AwardMyGC
Click to expand...
Lawyer got the letter on Dec 28th 2004 and they replied back on Jan 07, 2005.
 
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