Philadelphia Backlog Elimination Center Tracking

Hello Orisa & Aprlc2002

Hellos my, Friends,
Do you have any update from inside the BEC ?? I call yesturday and they tranfer my call to en answer machine :(
Regards
 
Converting Or Refiling via PERM

I am also thinking about converting to PERM or filing a new application for a different position with the same company.

My PD is July 2002. It was filed under EB3. At that time, I didn't have my MS degree. I just finished my Masters and I am thinking to apply via PERM under EB2 for a different position.

Any thoughts? Some of you guys know more than lousy lawyers. One lawyer was telling me that you can't use your education or experience you gained while working for the same company which has applied your LC.


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PD - July 2002 - RIR EB3
Regional - March 2004
BEC Letter - Feb 2005
 
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PERM conversion or re-filing

I am on the 7th year extension. Does it make sense to submit a fresh applciation using PERM while I am already using the previous LC for the 7th year extension. I understand conversion should be OK but I am curious about the fresh application for LC under PERM. I am also concerned because the company I work for has about 10-employees and I have read that small companies have difficulties getting approval under PERM.

hyd2002
 
jiangnan said:
Congratulations Songlan,
I am happy for your and also happy to see there is at lease some progress at Philly.

Songlan, it seems that Philly and Virginia SWA kept your priority date when your RIR is denied. I have posted my situation here before, but obviously no one can help. Last year after my LC was approved at state level and sent to Philly DOL, I (for some reason which I cannot not release here yet) got to know from an authoritative source in Philly DOL that my RIR will be denied, and my lawyer at that time explained that mostly it will be returned to start as a Non-RIR case. What a sadness, and what is more, I do not want to lose my priority date and now I am still waiting for the Philly BEC to send me their final decision.

It seems that you had the same experience. So when your RIR was denied, did Philly DOL send it back to Virginia SWA? So you how long did you wait before you heard that your employer could start recruitment for NON-RIR? How complicated this procedure could be?

When my RIR case is first denied, they sent whole package back to virginia SESA and instructed us WAIT for ONE YEAR (nothing to do, just idle in 1 year .:-(( )
One year passed, then my attorney re-advertised the job again, supervised by SESA, and submited the package again to SESA as non-RIR. It took another 6 moths. This time my case is passed very quickly at SESA, then again passed to Philly (not PBEC). From then no news at all, then I believed my case is transferred to PBEC, no 45-days letter, no hint of information. I'm nearly died at waiting then suddenly my attorney said it is certified a week ago !!!

I really never know how what is going on behind a scene. LC certified , for me, is a big lottery !!!

I am just wondering here: basically the state SWA no longer deals with Permanent LC anymore, so what will my case go if the RIR got denied?

My lawyer closed out her business shortly after we heard the bad news, and my employer signed my 45-day letter back in March. But some friends and one lawyer I contacted said I still have chance to get the RIR approved, not only because the person who handles my case will be different than the person who warned us about the denial, but denying an RIR and sending it back for NON-RIR revolves more work than simply approving it. So some people say I should still wait and hold on to see the actual result. What would you think?

It's really difficult to say which steps is better for you. How long your H1B remains valid ? If your H1B is still for 3-4 years, then better wait for RIR decision. If you RIR denied, you have two choices;

Choice 1. wait for 1 year and submit again as non-RIR. However, due to the PARM, I think this choice is not available.
Choice 2. Yes, change your case to PERM. It should be certified much faster, howver, you will lose your PD

The PD, as I understand so far, is the date your LC received at SESA and never changed, no matter it is denied, kicked, transferred ...

So if you submit as PERM, your initial Lc is abandoned you start from very beginning.

After LC vertified, the PD still remained for further step I-140. See the link you you understand what I mean:

Exceprt from www.greencardlawyers.com:
I am from China, India, or the Philippines and have a non-PERM (i.e., an RIR or "standard") labor certification already pending at the state (SWA) or federal (DOL) level. Can I bypass the EB-3 visa retrogression by "converting" my RIR/standard labor certification to a PERM labor certification?

Maybe. The answer to this question is somewhat complex from a legal standpoint and the strategy depends very heavily on your specific circumstances. First, the question of whether to convert at all depends on several assumptions about contingencies and factors that may vary considerably. Second, there are several important risks in trying to convert. (The technicalities of the conversion process are discussed in more detail on our PERM Labor Certification page.)

This is what happens at the USCIS under "normal" circumstances and under "retrogressed" circumstances:

* Step 1: Obtain labor certification approval from the Department of Labor (DOL).
* Step 2 (Normal): Use concurrent filing procedures to simultaneously file the I-140 petition and I-485 application at USCIS.
* Step 2&3 (Retrogression). If there are no immigrant visa numbers immediately available to your particular preference category and country at the time your labor certification application is approved, you must split Step 2 into two parts. First, you file the I-140 petition (because there is no quota on I-140 petitions), and then you have to wait for a visa number to become available before filing the I-485 application.

In analyzing whether converting your pending RIR or "standard" labor certification application to a PERM labor certification application will speed up your overall green card application process, keep in mind that your "priority date" (i.e., the date used for determining visa availability) is the date your labor certification application was filed. Your priority date is not the date the labor certification was "certified" (i.e., approved). Therefore, whether your labor certification application moves quickly or slowly, the date you filed your labor certification (i.e., your "priority date") does not change. Successfully converting to PERM may therefore accomplish nothing for you. That is, it would be of little benefit to have your labor certification approved more quickly if doing so would only leave you standing on the dock to wait several more years for the immigrant visa ferry to return.

On the other hand, if you have a very old labor certification pending (especially one filed before the current visa cut-off date), then the immigrant visa ferry is already waiting for you at the dock, but your applications are still stuck in some warehouse somewhere else. In this instance, speeding up the labor certification process could be of great benefit to you, because doing so would not only put you on the dock but allow you to get right on to the immigrant visa ferry waiting there for you, so you could complete your green card processing either at the USCIS in the United States or at a U.S. consulate overseas. Also, if your family or you need some of the advantages of having an I-485 pending, such as eligibility to work or travel in and out of the country to visit family, attend scientific conferences, and so on, without having to stop at a consulate overseas for a new visa, a successful PERM conversion and approval of an old RIR "standard" labor certification application could be of additional value to you.

Ultimately, whether to attempt a PERM conversion or not clearly requires careful case-by-case analysis. A successful conversion could possibly move you forward several years, which could be a huge benefit to you and your family, but a failed conversion could potentially move you backward several years (or worse). The bottom line is that you need to understand the underlying risks before trying to "convert" or allowing someone else to try to convert your pending RIR or standard labor certification to PERM.



I know my situation is hard to say, but I still want to get some inputs from guys and gals here.
Click to expand...
 
God Bless us all who are in this weird situation.

I pray to the Almighty everyday to take us out from this weird situation and approve all the LCs; we have done everything right, are on right track... waiting for LC for 3 or more years now.....It is affecting our lives, decisions...I do believe there is light at the other side of this tunnel but wait is the worst part.... Lets pray to him from the bottom of our hearts..... :)
 
EB2 or EB3?

Congrats Werner.

Was your perm under EB2?
Salary?
Position?
Atlanta or Chicago?
Which lawyer you applied thru?

Thanks.

werner said:
new application because i'm now qualified for a better position, ask to your attorney to confirm
Click to expand...
 
JPMC said:
I pray to the Almighty everyday to take us out from this weird situation and approve all the LCs; we have done everything right, are on right track... waiting for LC for 3 or more years now.....It is affecting our lives, decisions...I do believe there is light at the other side of this tunnel but wait is the worst part.... Lets pray to him from the bottom of our hearts..... :)
Click to expand...

Who knows theer is another wait of 3 years after filing I-485. Look at the situation where they plan to allow illegal immigrants file through USCIS without labor after 6years :mad:
 
LC approved without 45 day letter, NY, NOV 2001

Read this from Murthy.COM Forum:

Two Labor Certification approval from Phily Backlog center last week:

NY state, RIR, Filed in November 2001, not even received the 45 day letter. Got approval letter in August.

Not sure how true this could be.
 
Everything is possible with PBEC, could you please share the Murthy.Com link with us.

richshi said:
Read this from Murthy.COM Forum:

Two Labor Certification approval from Phily Backlog center last week:

NY state, RIR, Filed in November 2001, not even received the 45 day letter. Got approval letter in August.

Not sure how true this could be.
Click to expand...
 
Labor Approved

Guys..Guys,
Happy moments finally.Got the labor approved after 3.5 years of wait time.Thanks for all the valuable inputs you guys have been posting here.I spoke to my lawyer on friday asking him to contact the PBEC and he finally did call them on friday and got the message saying the labor has been approved.It has come to situation where it became a dream, and it became true finally.Here are the case details
EB3-NON RIR
DOL RECEIVED DATE : FEB 27th,2004
PRIORITY DATE : 12/18/2001
CASE # : P-04278-XXXXX
45 DAY LETTER NOTICE REPLIED : MARCH 2005

Good luck to all of you and thanks again for all the valuable inputs.
 
congrat! happy for you !

nkvatsan said:
Guys..Guys,
Happy moments finally.Got the labor approved after 3.5 years of wait time.Thanks for all the valuable inputs you guys have been posting here.I spoke to my lawyer on friday asking him to contact the PBEC and he finally did call them on friday and got the message saying the labor has been approved.It has come to situation where it became a dream, and it became true finally.Here are the case details
EB3-NON RIR
DOL RECEIVED DATE : FEB 27th,2004
PRIORITY DATE : 12/18/2001
CASE # : P-04278-XXXXX
45 DAY LETTER NOTICE REPLIED : MARCH 2005

Good luck to all of you and thanks again for all the valuable inputs.
Click to expand...
 
some info from immigration.com

DOL Updates - 08/03/05


DOL now wants filing fees for the permanent program for Fiscal Year 06 to recoup operating costs.

Approximately 40,000 applications were filed shortly before PERM went on line.

DOL's strategy is to have all cases entered into the system at the end of September 2005. This will involve doing only abbreviated data entry on some cases, which will include the issuance of a 45-day letter. However, this will allow them to know where the files are located. The data entry on these cases will have to be completed before issuing the 45-day letter.

DOL has been working on software fixes for those cases that were closed in error by the Backlog Center for failure to respond to a 45-day letter. This will permit them to reset those cases. The attorney and employee will receive letters-DOL has already begun sending letters-advising them that the case has been reset.

DOL is working on speeding up special handling case processing at the Backlog Centers.

At the beginning of the PERM application process, there is a sponsorship check that requires an email be sent to the employer only, asking four questions of the employer. The questions are:,
1. Are you, or do you work for, the employer referenced above?
2. Are you aware that an Application for Permanent Employment Certification was filed on your behalf?
3. Do you have an opening for a (job title) in (location)?
4. Are you sponsoring (worker's name) for this position?

If this email is not responded to, the DOL will telephone the employer and ask the same questions. The employer's contact person will have to be able to handle the call and the four questions in English. This may prove to be a problem for certain businesses. .


DOL has also advised regarding PERM cases that have been incorrectly denied due to IT problems that have now been resolved. These cases will not be prejudiced if the advertising has aged out when the case is rerun.
 
Question

I work for company A .
Can company B sponsor my H1 for one year-extensions based on company A's pending labor? ( Hopefully company A is willing to continue my labor/I-140/I-485 :-(

Where is the risk if I do like this ?

Appreciate your input.
 
Approvals PBEC

Guys,

Any updates as for PBEC RIR/TR cases???
I am seeing in other sites, with PD Nov 2001 RIR/EB2 cases getting approved with out 45 day letter notice at PBEC.

Please share your latest info.
 
sacbee said:
Guys,

Any updates as for PBEC RIR/TR cases???
I am seeing in other sites, with PD Nov 2001 RIR/EB2 cases getting approved with out 45 day letter notice at PBEC.

Please share your latest info.
Click to expand...

Where do you see this information ? Is it from PBEC or regional DOL ? I would be very interested to know.
 
Congrats !!!

Congratulations !! Have you got the approval yet ?

nkvatsan said:
Guys..Guys,
Happy moments finally.Got the labor approved after 3.5 years of wait time.Thanks for all the valuable inputs you guys have been posting here.I spoke to my lawyer on friday asking him to contact the PBEC and he finally did call them on friday and got the message saying the labor has been approved.It has come to situation where it became a dream, and it became true finally.Here are the case details
EB3-NON RIR
DOL RECEIVED DATE : FEB 27th,2004
PRIORITY DATE : 12/18/2001
CASE # : P-04278-XXXXX
45 DAY LETTER NOTICE REPLIED : MARCH 2005

Good luck to all of you and thanks again for all the valuable inputs.
Click to expand...
 
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