Philadelphia Backlog Elimination Center Tracking

nuculer said:
My friend has PD of 05/2003, TR, EB2, MA (now at Philly BEC). She's a software engineer. Her lawyer recommends converting to PERM, saying that he's seen approvals come through in just 4 months. I think the guesstimate I've gotten in this forum is that 2003 applications would be processed sometime towards the end of 2006. Should she convert to PERM? I'd love to hear from anyone who has thought about this decision....

-N.
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First of all ,if her case is TR ....recruitment has been done or not ? if it is done ,,then you can NOT legally convert to Perm.

if recruitment is NOT done yet, then she can get it converted to perm provided lawyer is confident of retaining the same PD
 
Sam23: Leave recapture is a good idea. If you have already been out of US in your 5 years of H1, then recapture that and you don't even need to take a leave now. If you haven't visited back yet, yes a 3 month absence from the US will push back your 6 yr expiry to 12/25/06 buying you much needed time to be eligible for a 7th yr extension. Get the recapture done thru' a lawyer who has prior experience on this, as there are some caveats to it, but it is not a major big deal... Let us know how everything proceeds.

Sam23 said:
Thank You egg0504.
My sixth year ends on 25th Sept '06. If I take leave for say three months and then recapture the leave, will my six years end on 25th Dec 06?
If my labor is filed before 25th Dec '05, do you mean that I qualify to file for 7th year extension in Dec '06?

Thanks again
Sam23
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As in another reply, retention of PD is key. If PD resets to '05, it could happen that she would very well get the LC done earlier than if she had not switched. However remember LC is just a pitstop on the stairway to heaven - heaven in this case being 485 approval. So in a world fraught with retrogression, she could be stuck at the pitstop (with an approved LC), while you, me and others after her 05.2003 PD could zip past her earlier to heaven. I am not sure you are looking for an emotional roller-coaster...

Also take into consideration Aprlc2002's estimate for PDs till 06.2003 to be adjudicated by 03.2006...


nuculer said:
My friend has PD of 05/2003, TR, EB2, MA (now at Philly BEC). She's a software engineer. Her lawyer recommends converting to PERM, saying that he's seen approvals come through in just 4 months. I think the guesstimate I've gotten in this forum is that 2003 applications would be processed sometime towards the end of 2006. Should she convert to PERM? I'd love to hear from anyone who has thought about this decision....

-N.
Click to expand...
 
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Great !!

This is great news !! Atleast some activity is happening for the NJ guys finally. Hope the PBEC folks who have opened up the NJ case box start completing the data entry and send out 45 day letters ASAP.

Peace out !!


GC_DXJ said:
Hi all, I am a silent user in this forum for a long time. And want to share one good news to our NJ guys. I received 45 days letter on Aug 30 from PBEC and replied yesterday.

State: NJ
RIR EB2
Case received date: 08/19/2002

Good luck to all.
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All cases with PD of prior to june 2003 will be adjudicated by march 2006.
Great news for us and thanks a lot aprilc2002 for this update.
Hopefully we will start to see a lot of approvals coming during the next few months.
I don't know how many cases are there in PBEC upto june 2003.
Does anyone has a number?
My PD is Oct 2002 from CA and replied back the 45 day letter on march 2005

PBEC still has lot of cases from 2001 which need to be processed and according to them at the end of Sep, the data entry part will be completed.
So probably after that we will see some FIFO.
Good luck to you all.
 
Data Review to TR

Last week my status at PBEC was "Data Review" and now the status is "TR".
What does status of TR stands for ?
 
This message is for GC_DXJ,

Good to know that you got 45 day letter.
Can u please provide few digits from your case num .??

Thanks in advance.
 
Re: To PERM or Not to PERM, That Is the Question

tikal said:
As in another reply, retention of PD is key.
Click to expand...

I thought PERM and backlogged cases were done separately? Are you saying that if one does not retain his PD during the conversion, he might have his PERM case adjudicated *after* the backlogged cases? That seems weird to me.

In any case, her recruitment has *not* been done yet. I think we're working on the assumption that her PD can be retained. We're concerned that PERM might have a higher likelihood of rejection, that somehow TR is more likely to approve her LC. Any thoughts on this?

tikal said:
Also take into consideration Aprlc2002's estimate for PDs till 06.2003 to be adjudicated by 03.2006...
Click to expand...

Can you tell me what that estimate is based on? Is it based on his spreadsheet? Or some insider info?

Thanks!

-N.
 
Saurav_4096 said:
Last week my status at PBEC was "Data Review" and now the status is "TR".
What does status of TR stands for ?
Click to expand...

I couldn't find your info in the tracker. You should post your info in the BEC tracker thread so that you can be added.

In case you had filed for RIR, my take on it is that your case was in "Data Review" and that they concluded you had not done enough recruitment so they are kind of sending you back to the TR queue to do a supervised recruitment. Kind of like when they where remanding back to the state application before the BECs ...

Again, just my two cents, you will have to wait for your lawyer to receive a letter from the BEC before you can actually know what is really going on.

Another option that would also be possible ... a glitch in the BEc software :) It happened before and will happen again !
 
nuculer said:
Can you tell me what that estimate is based on? Is it based on his spreadsheet? Or some insider info?

Thanks!

-N.
Click to expand...

So far aprlc has been fairly accurate in his statements ... his crystal ball is working well enough that I would not question it too much.

--> insider info
 
June 2003??

My PD is June 2003. (EB3/RIR/CA RD: May 2004, 45 letter-PBEC: 20 Dec, 2004)
Does this mean that I can expect my LC in the next 4-5 mths...??
THIS SURE SOUNDS ENCOURAGING.. The initial estimation for backlog clearance
was 24-36 mths.. since the backlog runs all the way to Mar 2005 (cut-off date before PERM kicked in).. this does sound like a fair estimate!!!!
 
PBEC Processing - QuickView

Guys, we have two new RIR entries today. One from CA and the other from NY. Good to see some movement in CA and NY cases. Good luck to all!

Today's entries:

afx05 [PD: Apr 2002; FINAL REVIEW (01-Sep-05); State: CA; Regional: Yes]
sp2004 [PD: Aug 2001; CERTIFIED (01-Sep-05); State: NY; Regional: ?]

For previous cases please check the attached doc file.
 
Nuke, Maybe it is the impending holiday, but you haven't read my earlier post in detail. Instead of repeating, let me just paraphrase:

[1] You can't assume that PD can be retained. If it can be, hell ya, head for heaven!

[2] PERM & backlogged (so called because of the log in the back effect) ARE processed separately

[3] The hypothetical new PERM case could be adjudicated [before/after/simultaneously with] the unswitched backlogged case from 05.2003

[4] Now IF retrogression is around for your friend's status (EB2/EB3), it does not matter if her PERM LC got approved earlier. She would still need to wait (depending on the retrogression cut-off date) till earlier PDs get by her - that is what I mean by "LC approval is just a pitstop on the stairway to heaven - the heaven really is 485 approval"

[5] IF retrogression is NOT an issue for her case, her earlier approved PERM (even with a later PD) would be pushed ahead of the earlier-dated unapproved PDs - the Switch Strategy wins in this case only

[6] Like MDWatch said, I would not bet against Aprlc2002's mid-range/long-range forecasts

[7] The best case being [5], she would get ahead just by a few months. On the flip side, there are risks to be weighed. Personally I would stay at PBEC given a 05.2003 PD. But its your call.

[8] If your question is about PERM as in Perming hair, ignore [1] thru' [7]


nuculer said:
I thought PERM and backlogged cases were done separately? Are you saying that if one does not retain his PD during the conversion, he might have his PERM case adjudicated *after* the backlogged cases? That seems weird to me.

In any case, her recruitment has *not* been done yet. I think we're working on the assumption that her PD can be retained. We're concerned that PERM might have a higher likelihood of rejection, that somehow TR is more likely to approve her LC. Any thoughts on this?

Can you tell me what that estimate is based on? Is it based on his spreadsheet? Or some insider info?

Thanks!

-N.
Click to expand...
 
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goodguy77 said:
My PD is June 2003. (EB3/RIR/CA RD: May 2004, 45 letter-PBEC: 20 Dec, 2004)
Does this mean that I can expect my LC in the next 4-5 mths...??
THIS SURE SOUNDS ENCOURAGING.. The initial estimation for backlog clearance
was 24-36 mths.. since the backlog runs all the way to Mar 2005 (cut-off date before PERM kicked in).. this does sound like a fair estimate!!!!
Click to expand...


I do not think backlog clearance will be that fast. Currently (most likely) approval queue at Philadelphia Backlog for RIR is at Nov-01 and TR is at Jun-03. I did a query on data from Regional center from labor department website and found following number for cases received from regional office alone at Philadelphia Backlog Center. (I considered 50% of California cases at Philadelphia). In addition to Regional cases we have TR cases from other state center also and whose number is unknown. If we just consider Regional center, Philadelphia will have over 18,000 cases for approval. Still I see approval from 2001cases in the forum and believe it will be very very encouraging for June 2003 RIR in next8-9 months.


Month, RIR, TR
Sep-04, 15, 11
Aug-04, 240, 71
Jul-04, 139, 47
Jun-04, 189, 79
May-04, 222, 43
Apr-04, 202, 55
Mar-04, 279, 105
Feb-04, 565, 122
Jan-04, 428, 61
Dec-03, 459, 78
Nov-03, 458, 40
Oct-03, 884, 53
Sep-03, 996, 144
Aug-03, 999, 65
Jul-03, 1214, 110
Jun-03, 1134, 39
May-03, 1214, 64
Apr-03, 1091, 93
Mar-03, 1024, 67
Feb-03, 988, 47
Jan-03, 915, 30
Dec-02, 1035, 43
Nov-02, 812, 37
Oct-02, 866, 27
Sep-02, 933, 34
Aug-02, 904, 20
Jul-02, 1044, 32
Jun-02, 908, 21
May-02, 1050, 44
Apr-02, 864, 41
Mar-02, 788, 14
Feb-02, 519, 25
Jan-02, 426, 19
Dec-01, 425, 44
Nov-01, 386, 44
Oct-01, 668, 103
Sep-01, 563, 55
Aug-01, 656, 64
Jul-01, 543, 52
Jun-01, 470, 44
May-01, 381, 101
Apr-01, 5277, 5712
 
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tikal said:
Nuke, Maybe it is the impending holiday, but you haven't read my earlier post in detail. Instead of repeating, let me just paraphrase:

[1] You can't assume that PD can be retained. If it can be, hell ya, head for heaven!

[8] If your question is about PERM as in Perming hair, ignore [1] thru' [7]
Click to expand...
Excellent
 
Sam23 said:
Thank You egg0504.
My sixth year ends on 25th Sept '06. If I take leave for say three months and then recapture the leave, will my six years end on 25th Dec 06?
If my labor is filed before 25th Dec '05, do you mean that I qualify to file for 7th year extension in Dec '06?

Thanks again
Sam23
Click to expand...
Yes. You should file PERM first (I guess you'll be ready to do that in November), then leave for 2-3 months, so you can come back while the original H-1 is still valid, and then around the end of June (3 months before the original H-1 would expire) file to recapture that 2-3 months and to get the 7th year extension.
 
For Sam23

Just as a detail, the PERM / recapture / 7th yr extension would be a 3 part process with the foll. timeline:

[1] 11.05 PERM filing (approx)

[2] 06.06 Recapture 3 months to push 6 yr date to 12.06 (you won't be able to put in your 7th yr ext here, because your PERM would not be pending for more than a year)

//Sidebar1: Make sure you apply around 06.06 for the recapture, since you will need this approval to get the next approval (7th yr ext). If for some reason, if [2] slides then make sure you do Premium Processing on [2], as your final time to apply for 7th year ext is just before Christmas '06. This is a race against time, but you should be able to orchestrate this.//

//Sidebar2: By 06.06 or slightly earlier you might get your PERM approved.
If dates are retrogressed, file 140 & do [3],
else file concurrent 140/485, get EAD and possibly abandon [3] - this is upto you, but it is always good to have underlying H1 coverage till your 140 is approved, so [3] is optional (if you've obtained EAD) but it is safe practice to do [3]//

[3] 11.06 File 7th yr extension - valid till 12.07


egg0504 said:
Yes. You should file PERM first (I guess you'll be ready to do that in November), then leave for 2-3 months, so you can come back while the original H-1 is still valid, and then around the end of June (3 months before the original H-1 would expire) file to recapture that 2-3 months and to get the 7th year extension.
Click to expand...
 
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tikal said:
Just as a detail, the recapture / 7th yr extension would be a 2 part process with the foll. timeline:

[1] 11.05 PERM filing (approx)

[2] 06.06 Recapture 3 months to push 6 yr date to 12.06 (you won't be able to put in your 7th yr ext here, because your PERM would not be pending for more than a year)

[3] 11.06 File 7th yr extension - valid till 12.07
Click to expand...
Tikal, thanks for the correction. I didn't know all the details, just heard about people who utilized this "loophole".
 
Makes Sence

Thank You tikal for your detailed suggestion which makes real sence. But my understanding is leave recapture is important and to file for 7th year extension, PERM need not be pending for over one year on the date of extension filing. I should have over one year of H1 status from the date of PERM filing and I can file for extension at any time before the expiry of that date as per some memo. Is that not true?

Sam23

tikal said:
Just as a detail, the PERM / recapture / 7th yr extension would be a 3 part process with the foll. timeline:

[1] 11.05 PERM filing (approx)

[2] 06.06 Recapture 3 months to push 6 yr date to 12.06 (you won't be able to put in your 7th yr ext here, because your PERM would not be pending for more than a year)

//Sidebar1: Make sure you apply around 06.06 for the recapture, since you will need this approval to get the next approval (7th yr ext). If for some reason, if [2] slides then make sure you do Premium Processing on [2], as your final time to apply for 7th year ext is just before Christmas '06. This is a race against time, but you should be able to orchestrate this.//

//Sidebar2: By 06.06 or slightly earlier you might get your PERM approved.
If dates are retrogressed, file 140 & do [3],
else file concurrent 140/485, get EAD and possibly abandon [3] - this is upto you, but it is always good to have underlying H1 coverage till your 140 is approved, so [3] is optional (if you've obtained EAD) but it is safe practice to do [3]//

[3] 11.06 File 7th yr extension - valid till 12.07
Click to expand...
 
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