Philadelphia Backlog Elimination Center Tracking

I understand EB info. is irrelavent but

what if my LC gets approved but I'm on EB3. Since there is a visa retrogression, I won't be able to file I485.

So should I just file I140?

What happen to other folks who are on the same boat?
 
sarasri said:
Data Review also means 45-day letter not sent out yet. BTW, does anyone know if the 45-day letters for the cases that have been entered fully are sent out in FIFO order ? How about for the cases that are partially entered ?

Thanks very much !
Click to expand...

i have a case number with D05178-***** and case status= DAta Review, but no 45 day letter yet... PD 3/11/2002 from CA.
 
Beam said:
what if my LC gets approved but I'm on EB3. Since there is a visa retrogression, I won't be able to file I485.

So should I just file I140?

What happen to other folks who are on the same boat?
Click to expand...
"what if LC gets approved" is like a dream . I am not even thinking about further stages as I don't even know when LC will will get approved...

But to answer your question ,,yes you can file only I140 and wait for 485 till PD becomes current. Based on how much time it takes on LC approval,,you can never predict what will happen to further stages by the time your LC gets approved...
 
Beam said:
what if my LC gets approved but I'm on EB3. Since there is a visa retrogression, I won't be able to file I485.

So should I just file I140?

What happen to other folks who are on the same boat?
Click to expand...
They can jump, swim, or float to EB2, or EB1 boat or any other boats. During the adventure, people can get drowned. But they can also stay on the EB3 boat even though it is overloaded and drifting to nowhere.
 
Hi Beam (no pun intended!), Boston_LC and Pennwaiting have answered your questions.. Let me know if you have questions for me, wasn't sure about your post.

Beam said:
what if my LC gets approved but I'm on EB3. Since there is a visa retrogression, I won't be able to file I485.

So should I just file I140?

What happen to other folks who are on the same boat?
Click to expand...
 
Processing Info

I found this from the DBEC forum. Click on the link to directly access the post.
http://www.immigrationportal.com/showthread.php?p=1237192#post1237192
Follow all the posting in that thread by user dsugandhi. I also attach the document posted there explaining the process.

mdgc2001.
-------------------------------------------------------------------------

Quote:
Originally Posted by LC_Ki_Kahaani
I just wanted to just ask you what does "Case Status: RIR" mean?
Your response shall be highly appreciated.


RIR Means:
1. Your case is completely entered in BPLC system.
2. They have received your 45DL response and entered the response in the system.
3. They have determined Prevailing wage.
4. They might have set deficiencies flag if your job requires unduly restrictive requirement or salary offered is less the 95% of prevailing wage.
5. Your case is waiting for "RIR" analyst to pick up in FIFO order by PD for further processing.
__________________
-------------------------
CA-RIR-EB2
PD 11-2003
RD 09-2004
Case Status: RIR on 07/12/2005
Dallas BPC D-04320-03XXX
45 day letter received Dec 04
45 day letter replied Jan 05
Gave up PERM/EB2 filing after reading 8/8/2005 FAQ

defeciency flag explanation

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

chicchu,

There are two most common defeciency flag:
1. Salary offered is less then 95% of Prevailing wage
2. Unduly restrictive requirement like foreign language knowledge

If you have a screenshot then there are two fields "Rate of Pay" and "Prevailing wage". Multiply "Prevailing wage" * 0.95 if it is <= "Rate of Pay" you are not having issue no 1.

For issue no 2, check ETA-750A.

Even if your application is having defeciency flag set, analyst will not denny your application but will give a call to your attorney/employer to amend ETA-750A. For ex, if your ETA-750A required "Master's degree" but in fact according to ONET it is enough even if you have "Bachelor's degree" such a case is known as Unduly restrictive requirement. In such a case, analyst will give a call/letter to your attorney/employer and ask them why job needs to have "Master's degree" please give a "Business Necessity" or amend ETA-750A item no 14.

Same way, employer address registered with department of state is different then the current address, analyst will raise a defeciency flag which doing "Data Review". Now, when "RIR" analyst sees such flag they will give a call/letter to attorney/employer asking for which address is correct. If ETA-750A address is not current one then they will aske Attorney/Employer to amend ETA-750A and send a letter signed by Employer to BPC.

In fact, above both the cases(Business necessity and address change) has happened with me and my attorney replied to BPC analyst with facts signed by my employer about week back. My case is in RIR status right now but I know an analyst is working on my case because of call.

So don't worry about defeciency flags, your application will still be aprovable if your employer done good recruitment. Even if your recruitment is not good, they will transfer to TR for supervised recruitment.
__________________
-------------------------
CA-RIR-EB2
PD 11-2003
RD 09-2004
Case Status: RIR on 07/12/2005
Dallas BPC D-04320-03XXX
45 day letter received Dec 04
45 day letter replied Jan 05
Gave up PERM/EB2 filing after reading 8/8/2005 FAQ
 
Will the "nice lady" jump along?
:D
pennwaiting said:
They can jump, swim, or float to EB2, or EB1 boat or any other boats. During the adventure, people can get drowned. But they can also stay on the EB3 boat even though it is overloaded and drifting to nowhere.
Click to expand...
 
MD approvals

Hi folks,
I am quite new to posting here but a longterm user of this site.
In my office 3 people get approved from PBEC,their details r:

1. May 3 2001, filed from MD, went to regional than got 45 day letter in Jan 4, 2004 replied back within 2 days,got certified on Aug. 8.

2. & 3 both applied in march 2002,went to regional,than got 45 day letter on Jan 6 2004, replied back with 2-3 days ,got approval on August 13.

All three cases r EB-2 RIR.
 
Last edited by a moderator:
Once they implement the rule requiring that I-140 be filed within 45-day of LC approval, probabaly you have no choice other than go with I140 alone if you're subject to retrogression.

Just my thought.

Beam said:
what if my LC gets approved but I'm on EB3. Since there is a visa retrogression, I won't be able to file I485.

So should I just file I140?

What happen to other folks who are on the same boat?
Click to expand...
 
I have asked this question in the forum bu no reply

Hi guys,

I got a screen shot from the PBEC with a heading

"Perm Backlog Case Event" . I wanted to understand what this means.

At the same time my friend with the same PD and state did not get this as the heading of this screen shot.

State : CA
Type : RIR
PD : 07/2002
Case id : P-04308-XXXXX
 
I see.

So if you file for 140, do you still need H-1B 7 year extension?
fogman1 said:
Once they implement the rule requiring that I-140 be filed within 45-day of LC approval, probabaly you have no choice other than go with I140 alone if you're subject to retrogression.

Just my thought.
Click to expand...
 
Congratulations !

Congratulations to both of you.

Could you please shar some more info on your case, particularly RD (Regional date).

Thanks,



driveto said:
My case and my friends case both are in "Final review"

State : VA, EB3-RIR
My PD: 3/11/2002
Friends PD: 3/12/2002
Enquiry date: 8/24/05

Cheers
Click to expand...
 
MD approvals

Hi folks,
I am quite new to posting here but a longterm user of this site.
In my office 3 people get approved from PBEC,their details r:

1. May 3 2001, filed from MD, went to regional than got 45 day letter in Jan 4, 2004 replied back within 2 days,got certified on Aug. 8.

2. & 3 both applied in march 2002,went to regional,than got 45 day letter on Jan 6 2004, replied back with 2-3 days ,got approval on August 13.

All three cases r EB-2 RIR.
 
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