Philadelphia Backlog Elimination Center Tracking

[RajeevMehta]

Don't risk substitute labor

As per my opinion, don't risk substitute labor. There are very high chances that they willl not allow this.

Hello Gurus,

I have been a mute reader of this forum for quiet some time now. I am also a victim of PBEC like all you guys of this forum. I am writing this post to seek some advice/suggestions from all you gurus of this forum.

Given my priority date (Oct 2004) and the productivity of PBEC it would take atleast 3 years for my LC to be approved. I approached my current employer but they are denying to re-file my case under PERM. So I started looking out for alternatives.

Presently I have 2 offers from 2 different companies. One of them is willing to file me in PERM as soon as I join. The second company has pre-approved labor of 2000 and is willing to give me one of them once I join.

I am not able to decide which one should I take, which one is the safest yet fastest alternative.

Any advice or suggestion from all gurus would greatly help me in deciding.

Thanks a lot !!!

 

[june_lc_nj_2002]

My case from NJ(PD 6/2002

ETA Case Number: T-05145-3 xxxx
Priority Date: 06/2002

Processing Type: RIR

Processing Center: Philadelphia Backlog Elimination Center (From NJ)

Case Status: Incomplete

 

[tikal]

At this rate it will be a 1,000 years before the 365,000 cases in BEC are done. On a related note, instead of sending the 45 day ltrs, the BECs are sending out a songs CD from Bimal Roy's 'Sujata' - the most relevant song for us "Tum Jiyo Hazaron Saal".

An approval a day keeps tension way

 

[pennwaiting]

I do understand, its very frustrating. Beside the system being wrong, inaccurate, inefficient, impractical etc... my biggest gripe is that the system is unfair. Someone who files for the labor (through PERM) will be in next queue while people like us waiting since 2001/2002. I just don't understand, why everything with regards to US immigration has to be on luck. Why can't then go on merits.

Then, there are plenty of talking on legalizing illegal immigrants.

 

[tikal]

Safest & fastest don't necessarily go together. Looking at the pending bills by politicians (whose goal seems to be not the strategic interest of the country but rather to garner votes at the hustings), the safest & fastest way seems to be to become an illegal alien.

I would say go with the PERM offer, given that CIS is eyeing Labor Substitution with increasing suspicion.

I am not able to decide which one should I take, which one is the safest yet fastest alternative.

 

[PachhaMukka]

Swayam,

Congratulations !!! That's welcoming news for 2002 guys.

Hi Guys
I was using this forum to check the status of Labor Certification.
My Labor was filed From Va on 07-FEB-2002 in EB2-RIR Category.After more than 3 years to day my company got the letter from INS saying my labor has been certified.
Even thou i never posted anything in this forum since i was using it as a silent user i thought i should post the details so guys in my data range can expect their approval.
Details
EB2-RIR
State filing 07-FEB-2002.
went to Regional DOL on 03-JUL-2003.
received 45 day letter on Jan 11 2005
Replied to that letter on JAN. 13 2005.
Approved on 29-AUG-2005.
I don't have my case number right now with me but if you want i will post it tommorrow.
Regards
Swayam

 

[yours_sincerely]

You should consult a lawyer

Hey MD_Hell,
Your case is pretty interesting... Since you are in quite a dilemma regarding your labor here is what I would suggest:

1) Evaluate the two companies and also the current one with a long-term perspective because you might be stuck with any of them for as long as 5+ years. Apart from the time required to get labor, also think in terms of the career growth opportunities within these firms that you are contemplating of choosing between. It might not be a good idea to get a fast labor and live an exploited life in terms of salary, benefits and over-time.

2) If the choice is between devil and the deep sea, then you might want to find out from the company which is giving you a pre-approved labor if they are willing to file under PERM for you if the pre-approved labor does not work out. I think there is still a small window of time in which labor substitution can be done as labor substitution has not been abolished yet. If they agree to file under PERM if your substituted labor fails, then you will not lose as the risk-reward scenario for an approved labor offer is pretty lucrative.

3) Read all the posts but do consult a lawyer. If you are in MD-DC-Va area, Rajiv Khanna and his associates can be reached. My personal experience with Rajiv has been pretty good (although he is not my lawyer he helped me out of a dilemma like yours though on a different issue).

Hope you find this post helpful

Hello Gurus,

I have been a mute reader of this forum for quiet some time now. I am also a victim of PBEC like all you guys of this forum. I am writing this post to seek some advice/suggestions from all you gurus of this forum.

Given my priority date (Oct 2004) and the productivity of PBEC it would take atleast 3 years for my LC to be approved. I approached my current employer but they are denying to re-file my case under PERM. So I started looking out for alternatives.

Presently I have 2 offers from 2 different companies. One of them is willing to file me in PERM as soon as I join. The second company has pre-approved labor of 2000 and is willing to give me one of them once I join.

I am not able to decide which one should I take, which one is the safest yet fastest alternative.

Any advice or suggestion from all gurus would greatly help me in deciding.

Thanks a lot !!!

 

[Wait4LaborNJ]

Whither NJ

I am happy for guys from MD, VA. At least we see some actions happening there. But I don't even see a 45 days letter, or any P number for NJ, even for 2001 cases. Guys, why do NJ has to be at the bottom of hell always?

 

[sunkav]

Good & Bad news...

Hi Guys,

Received an NOF on my case, good news is that Phily is processing even without sending 45 day letter, bad news is that my case may be denied unless my attorney can work some magic.
Here is my case NOF details in a nut shell..

my understanding is that in 2003 we changed the profile/skillset provided in 2001 based on directive from state labor office (one too many skills and they wanted that reduced to key skills alone) . Now in federal labor stage it has been identified that some of the applicants interviewed in 2001 fit the 2003 amended profile.

Gurus, if anyone has experienced the pain please provide inputs. I have till Sept 15'th to file an answer.

Regards,
Sunkav

 

[WhyThisDelay]

Make sure if you are joining the company that is planning to file LC under PERM, they are willing to file under EB2. Otherwise if you've to file under EB3 - you'll be worse off in the new job.

If the company is ready to file PERM EB2, I'd not even waste a second in joining that company - if I were you.

Hello Gurus,

I have been a mute reader of this forum for quiet some time now. I am also a victim of PBEC like all you guys of this forum. I am writing this post to seek some advice/suggestions from all you gurus of this forum.

Given my priority date (Oct 2004) and the productivity of PBEC it would take atleast 3 years for my LC to be approved. I approached my current employer but they are denying to re-file my case under PERM. So I started looking out for alternatives.

Presently I have 2 offers from 2 different companies. One of them is willing to file me in PERM as soon as I join. The second company has pre-approved labor of 2000 and is willing to give me one of them once I join.

I am not able to decide which one should I take, which one is the safest yet fastest alternative.

Any advice or suggestion from all gurus would greatly help me in deciding.

Thanks a lot !!!

 

[pennwaiting]

Looks like PBEC is processing based on the date received to regional. not PD for the regional cases. ( receipt date at regional in july 2003)..that was the date it got struck before being moved to regional.

Mine is still in RIR status ( PD aug 17,2001 MD/ RD - Dec 1,2003).

My guess is all the 2003 RD cases from phily should be certified by dec 2005.

thanks

My friend, can you explain how you came to this conclusion? Maybe I missed something.

 

[cantstandit]

Hi Guys,

Received an NOF on my case, good news is that Phily is processing even without sending 45 day letter, bad news is that my case may be denied unless my attorney can work some magic.
Here is my case NOF details in a nut shell..

my understanding is that in 2003 we changed the profile/skillset provided in 2001 based on directive from state labor office (one too many skills and they wanted that reduced to key skills alone) . Now in federal labor stage it has been identified that some of the applicants interviewed in 2001 fit the 2003 amended profile.

Gurus, if anyone has experienced the pain please provide inputs. I have till Sept 15'th to file an answer.

Regards,
Sunkav

hummmm that's a little concerning ... I was hoping they would just go through the applications doing basic validations (after all, it's hard to assess recruitment conditions years ago) and approving them in batches... but now it seems they are indeed checking in detail ...

 

[pennwaiting]

Hello Gurus,

I have been a mute reader of this forum for quiet some time now. I am also a victim of PBEC like all you guys of this forum. I am writing this post to seek some advice/suggestions from all you gurus of this forum.

Given my priority date (Oct 2004) and the productivity of PBEC it would take atleast 3 years for my LC to be approved. I approached my current employer but they are denying to re-file my case under PERM. So I started looking out for alternatives.

Presently I have 2 offers from 2 different companies. One of them is willing to file me in PERM as soon as I join. The second company has pre-approved labor of 2000 and is willing to give me one of them once I join.

I am not able to decide which one should I take, which one is the safest yet fastest alternative.

Any advice or suggestion from all gurus would greatly help me in deciding.

Thanks a lot !!!

If they love you so much, ask them to file PERM, then I140/I485 for you. As soon as you get EAD and AP, join them.

 

[MannyD]

MD_Hell

It's easy for all of us to give you advise - hope any or all of the advise you get here doesn't confuse you but helps you decide....

You could also try your luck like this:
1. Join the second company and try for substitution
2. If substitution fails, do PERM

This way you will be able to make a good attempt at both options! Make sure you get the second company to agree to do PERM if the substitution fails - will be a very reasonable request. The only risk is EB2 can retrogress by then - but the same risk also holds for company 1. So take the risk with #2.

Good luck to you.

Hello Gurus,

I have been a mute reader of this forum for quiet some time now. I am also a victim of PBEC like all you guys of this forum. I am writing this post to seek some advice/suggestions from all you gurus of this forum.

Given my priority date (Oct 2004) and the productivity of PBEC it would take atleast 3 years for my LC to be approved. I approached my current employer but they are denying to re-file my case under PERM. So I started looking out for alternatives.

Presently I have 2 offers from 2 different companies. One of them is willing to file me in PERM as soon as I join. The second company has pre-approved labor of 2000 and is willing to give me one of them once I join.

I am not able to decide which one should I take, which one is the safest yet fastest alternative.

Any advice or suggestion from all gurus would greatly help me in deciding.

Thanks a lot !!!

 

[jnathan]

Sunkav,
This is very disturbing. I really hope your lawyer can do something on this.
I hope everything goes well for you. Good luck.

Hi Guys,

Received an NOF on my case, good news is that Phily is processing even without sending 45 day letter, bad news is that my case may be denied unless my attorney can work some magic.
Here is my case NOF details in a nut shell..

my understanding is that in 2003 we changed the profile/skillset provided in 2001 based on directive from state labor office (one too many skills and they wanted that reduced to key skills alone) . Now in federal labor stage it has been identified that some of the applicants interviewed in 2001 fit the 2003 amended profile.

Gurus, if anyone has experienced the pain please provide inputs. I have till Sept 15'th to file an answer.

Regards,
Sunkav

 

[RJ_NJ2002]

Unless they start approving cases without 45 cases, most NJ cases are going to be get stuck.

Except a couple of people, no one had recieved 45 day letter.The only hope for us, if we wants to see good number of approvals this year is, backlog centers start approving cases without 45 day letter.

RIR,NJ,09/2002, No 45 day letter

I am happy for guys from MD, VA. At least we see some actions happening there. But I don't even see a 45 days letter, or any P number for NJ, even for 2001 cases. Guys, why do NJ has to be at the bottom of hell always?

 

[mekha]

Can anyone here tell me when PBEC is going to finish the data entry?
Will we get a time frame for processing on Sep 2005?
And do they have any plan for not sending any 45 day letters?
In that case how will they be able to know who wants to continue processing or not?
Well still it seems like the PBEC is processing cases very randomly.
Lot of people with PD 2001 didin't receive their approvals but people with PD of march 2003 are getting approvals.
Does it mean that cases which went to regional are getting approved!!!
Lot of confusions and still no sign of clarity from the PBEC.
Hopefully by the end of next month PBEC will clarify and gave us a time frame for processing.

 

[a_to_z_gc]

Sorry to hear this.But looks like they are still giving you a chance to reply to their NOF.What I would recommend is to have a meeting with your Company manager(who is well versed with the technicalities of the job reqmt),your lawyer and maybe HR, and then ponder over the best possible reply ,which can save your from a possible denial. If there were candidates,who did match the advertised skillsets, then it's kind of tough...Otherwise, if your company can show that you did the recruitement effort in a good faith and so and so are the reasons they still feel that the people who applied for your advt, are still un-qualified, then you definitely stand a chance.

Don't give up and keep up the fight...I know it's easier to say this but don't give up so easily...

Good luck and keep us posted.

Hi Guys,

Received an NOF on my case, good news is that Phily is processing even without sending 45 day letter, bad news is that my case may be denied unless my attorney can work some magic.
Here is my case NOF details in a nut shell..

my understanding is that in 2003 we changed the profile/skillset provided in 2001 based on directive from state labor office (one too many skills and they wanted that reduced to key skills alone) . Now in federal labor stage it has been identified that some of the applicants interviewed in 2001 fit the 2003 amended profile.

Gurus, if anyone has experienced the pain please provide inputs. I have till Sept 15'th to file an answer.

Regards,
Sunkav

 

[aycy]

Calling for NJ references/stories

Guys,

I have faxed and emailed two reporters at "The Bergen Record" to produce a special report on the Labor backlog experienced by New Jerseyans.
I came across an article written by them titled "Tests illegal can't pass" (August 28, 2005) which is very in-depth and hoping they would do the same thing for us.

Hereby, I am urging fellow New Jerseyans with your labor certification pending to email or fax your stories to the two editors. Below are their contact info.

Miguel Perez (perez@northjersey.com)
Elizabeth Llorente (llorente@northjersey.com)

Fax: (201) 646-4135

Please include all details about your case and contact info. Thanks.

aycy
NJ RIR June 2002
No 45 day letter
ETA Case: T-05143-XXXXX

 

[vine95050]

PBEC Processing QuickView

Here's today's updated list. Two new entries today- atlanta moved to Final Review and swayam got Certified. The certifiation or final review dates in the parentheses refer to the dates on which these cases are reported to the forum.

Please do update from other sources/friends etc. Good luck to all!

RIR
atlanta [PD: May 2003; FINAL REVIEW(29-Aug-05); State: GA; Regional: Yes] <- NEW
aprlc2002 [PD: April 2002; CERTIFIED(25-Aug-05); State: VA; Regional: ?]
LC_Wait2Years (contacts) [PD: ~March 2002; CERTIFIED(26-Aug-05); State: CA; Regional: ?]
LC_Wait2Years (contacts) [PD: ~March 2002; CERTIFIED(26-Aug-05); State: CA; Regional: ?]
swayam [PD: Feb 2002; CERTIFIED(29-Aug-05); State: VA; Regional: Yes] <- NEW
srkotturu [PD: Feb 2002; CERTIFIED(25-Aug-05); State: PA; Regional: Yes]
jiangnan [PD: Feb 2002; FINAL REVIEW; State: MD; Regional: Yes]
whatheheck [PD: Feb 2002; FINAL REVIEW; State: MD; Regional:?]
friend of mdgc2001[PD: Jan 2002; FINAL REVIEW; State: MD; Regional: ?]
jjcchoi [PD: Nov 2001; CERTIFIED(19-Aug-05); State: MD; Regional: Yes]
SB (murthy site) [PD: Nov 2001; CERTIFIED; State: ?; Regional: ?]
Wash.DC(friend's) [PD: Oct 2001;CERTIFIED(10-Aug-05); State: DC; Regional: No]
GOD_BLESS_YOU [PD: Oct 2001; CERTIFIED(11-Aug-05); State: NY; Regional: ?]
gc_seeker2001 [PD: Oct 2001; CERTIFIED(29-Jul-05); State: MD; Regional: Yes}
rsiv [PD: Sept. 2001; FINAL REVIEW; State: MD; Regional: Yes]
greencard007 [PD: Aug 2001; CERTIFIED(18-Aug-05); State: MD; Regional: Yes]
foret1 [PD: June 2001; FINAL REVIEW -> CERTIFIED(24-Aug-05); State: MD; Regional: Yes]
mamamiax [PD: May 2001; CERTIFIED(28-Jul-05); State: MD; Regional: Yes]
choclito [PD: April 2001; FINAL REVIEW -> CERTIFIED(18-Aug-05); State DC: Regional: Yes]

Regular
dcmetro22042 [PD:5/1/2003; CERTIFIED(1-Aug-05); State: MD; Region:11/23/2004]
AwardmyGC [PD: Sep 2002; FINAL REVIEW; State: WV; Regional: Yes]
nkvatsan [PD:12/18/2001;CERTIFIED(9-Aug-05); State: PA; Region:2/27/2004]