Philadelphia Backlog Elimination Center Tracking
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Re: To PERM or Not to PERM, That Is the Question
I see in the current Visa Bulletin that EB2 is current but EB3 is "unavailable." I guess that means EB3 is retrogressed, and that even if you have LC approved you have to wait until EB3 becomes available again? Why is no retrogression date given?
-N.
Alas, I did read it, but I was like George Bush holding a 4th grade English grammar book: it was all Greek to me. I have just now brushed up on retrogression, and I think I understand the concept, more or less.tikal said:
To quote an ardent patriot, Donald Rumsfeld, master of the torture chamber at Gitmo and an inadvertent poet, is this a known unknown or an unknown unknown? Is there a way to ensure that one's PD is retained when TR is converted to PERM?
I caught a little discussion somewhere where people discussed whether doing PERM and TR/RIR simultaneously is possible, legal, and/or ethical. In any case, retaining one's PD is possible only if you convert the TR/RIR to PERM, right?
Is retrogression predictable? Erratic? Stable?
I see in the current Visa Bulletin that EB2 is current but EB3 is "unavailable." I guess that means EB3 is retrogressed, and that even if you have LC approved you have to wait until EB3 becomes available again? Why is no retrogression date given?
-N.
**********Nuculer
sible only if you convert the TR/RIR to PERM, right?
Is retrogression predictable? Erratic? Stable?
I see in the current Visa Bulletin that EB2 is current but EB3 is "unavailable." I guess that means EB3 is retrogressed, and that even if you have LC approved you have to wait until EB3 becomes available again? Why is no retrogression date given?
-N.[/QUOTE]
Yo,
I guess you are lost in your own thoughts of frustration and kind of wanting others to be in there too..... also, it looks like your have lotta questions which are cannot answerable by a person whose major area of study/education is computer science or other speciality engineering has a Job description of ****** Engineer/Analyst.
So if you still wanna think wise STAU and consult a good attorney instead of wasting your time on this board and trying to make others believe in your insane abilities.....
Enjoy your weekend.
sible only if you convert the TR/RIR to PERM, right?
Is retrogression predictable? Erratic? Stable?
I see in the current Visa Bulletin that EB2 is current but EB3 is "unavailable." I guess that means EB3 is retrogressed, and that even if you have LC approved you have to wait until EB3 becomes available again? Why is no retrogression date given?
-N.[/QUOTE]
Yo,
I guess you are lost in your own thoughts of frustration and kind of wanting others to be in there too..... also, it looks like your have lotta questions which are cannot answerable by a person whose major area of study/education is computer science or other speciality engineering has a Job description of ****** Engineer/Analyst.
So if you still wanna think wise STAU and consult a good attorney instead of wasting your time on this board and trying to make others believe in your insane abilities.....
Enjoy your weekend.
My RIR case was filled in Jan 2002 by a big company (A) of over 85,000
employees which went to Regional in Dec 2002, My division was outsourced
to Company B (Employee over 300,000) in 2004 and Company B submitted
Successor -in - interest papers etc.
I was not sure if DOL changed employer name on my application or not so I
sent two email request to the BEC for the screen shot's with Following
Information:
First email:
Employer Name: A
Alien Name: ********
Regional Case Number: 0541****
Second email:
Employer Name: B
Alien Name: ********
Regional Case Number: 0541****
Reply I got is a screen shot with Employer Name: C
Employer Name: C
Alien Name: ********
ETA Case Number: T-******
Priority Date:
Case Status: Incomplete
A third company C also applied my LC in 2004.
My Question: request I sent was for Employer A AS WELL as for Employer B.
BUT REPLY COMES WITH Employer C, does that means that:
1. BEC search by Alien Name and whatever comes first that is sent to the
Alien?
or
2. They search by Employer name & alien name with search option of FIND
any word and in my case they find only case with Employer C? If this is
true how to get Screen Shot for Employer A/B?
Any Idea?
employees which went to Regional in Dec 2002, My division was outsourced
to Company B (Employee over 300,000) in 2004 and Company B submitted
Successor -in - interest papers etc.
I was not sure if DOL changed employer name on my application or not so I
sent two email request to the BEC for the screen shot's with Following
Information:
First email:
Employer Name: A
Alien Name: ********
Regional Case Number: 0541****
Second email:
Employer Name: B
Alien Name: ********
Regional Case Number: 0541****
Reply I got is a screen shot with Employer Name: C
Employer Name: C
Alien Name: ********
ETA Case Number: T-******
Priority Date:
Case Status: Incomplete
A third company C also applied my LC in 2004.
My Question: request I sent was for Employer A AS WELL as for Employer B.
BUT REPLY COMES WITH Employer C, does that means that:
1. BEC search by Alien Name and whatever comes first that is sent to the
Alien?
or
2. They search by Employer name & alien name with search option of FIND
any word and in my case they find only case with Employer C? If this is
true how to get Screen Shot for Employer A/B?
Any Idea?
NJ Oct02-PD
Registered Users (C)
Great to hear another NJ guy to receive the 45 days letter. If I remember it right, you are the only another one from NJ who has received 45 days letter. (I am from NJ and I received it two months ago.) Hopefully more and more NJ guy/gals will receive the 45 days letter.
On the other hand, there were once some people in this forum saying that it's better not to receive the 45 days letter since PBEC no longer sending out the 45 days letter and will certify those without 45 days letter faster than the ones who have received them. Now your input just chill me up. Thanks.
On the other hand, there were once some people in this forum saying that it's better not to receive the 45 days letter since PBEC no longer sending out the 45 days letter and will certify those without 45 days letter faster than the ones who have received them. Now your input just chill me up. Thanks.
GC_DXJ said:
Sam23: [1] yes
[2] if that is true, then what is the logic behind doing the leave recapture?
[3] your [2] & [3] contradict each other, if I am understanding you right
[4] you can file 7th yr ext *within* 6 months of your 6 yr expiry, not before. combine that with my assumption that you need PERM pending for 1 year for you to file 7th yr extension, and your window of opportunity for filing a 7th yr ext is 11.06 to 12.06 - let me know if this is what you are asking
[2] if that is true, then what is the logic behind doing the leave recapture?
[3] your [2] & [3] contradict each other, if I am understanding you right
[4] you can file 7th yr ext *within* 6 months of your 6 yr expiry, not before. combine that with my assumption that you need PERM pending for 1 year for you to file 7th yr extension, and your window of opportunity for filing a 7th yr ext is 11.06 to 12.06 - let me know if this is what you are asking
Sam23 said:
Nuke: Armed with PD retention, Gitmo detention, rolling retrogression, you are in good shape to meet with a knowledgeable attorney like Rajiv Khanna.
The distribution function of retrogression cut-off date is not even predictable by the GARCH (Generalised Autoregressive Conditional Heteroskedastic) model, so who am I to even attempt to predict the workings of it?
I agree with aprlc2002, that instead of getting lost in the trees, get a picture of the forest and meet an attorney who can differentiate between the trees and the forest. This way you/your friend will be on the same page (or in the same forest) at the meeting, and not barking up the wrong tree.
As a topic of interest to some of us, post your findings/conclusions.
The distribution function of retrogression cut-off date is not even predictable by the GARCH (Generalised Autoregressive Conditional Heteroskedastic) model, so who am I to even attempt to predict the workings of it?
I agree with aprlc2002, that instead of getting lost in the trees, get a picture of the forest and meet an attorney who can differentiate between the trees and the forest. This way you/your friend will be on the same page (or in the same forest) at the meeting, and not barking up the wrong tree.
As a topic of interest to some of us, post your findings/conclusions.
nuculer said:
Last edited by a moderator:
This is for tikal
Hi tikal,
Here is the Yates memo from murthy site. This is what I meant about extension filing date.
Need to Qualify Only as of Requested H1B Start Date (Not Filing Date)!
©MurthyDotCom
Yates's May 2005 Memo makes an important change from the April 24, 2003 guidance with respect to when the one-year H1B extension can be filed. Under the previous memo, the foreign national had to qualify for the seventh-year extension as of the date of filing the H1B extension. Thus, the case could not be filed until the labor certification or other employment-based green card case had been pending for a full 365 days. This was consistent with the basic immigration principle that one must qualify for a benefit at the time it is requested. It often was problematic, however, since, depending upon the particular case, this rule frequently left a very narrow window of time for the H1B filing. Since H1Bs can be filed six months in advance of the requested start date, the requirement with respect to timing is consistent with the ability to file in advance. The Memo now permits this needed flexibility.
©MurthyDotCom
Under Yates's May 2005 Memo, it is necessary to establish that the extension criteria are met on or before the requested start date. Thus, the H1B petition can be filed before the 365 days are completed, as long as the initial date requested is after the 365-day requirement has been met. This is welcome news since there is often a very short period between the filing date of the qualifying labor certification or immigrant petition and the date that the initial six years of H1B status ends. The modified provisions in the Memo will now permit for advance planning, avoid the need for last minute filings and reduce the need to pay for expedited, premium processing
Sam23
tikal said:
Hi tikal,
Here is the Yates memo from murthy site. This is what I meant about extension filing date.
Need to Qualify Only as of Requested H1B Start Date (Not Filing Date)!
©MurthyDotCom
Yates's May 2005 Memo makes an important change from the April 24, 2003 guidance with respect to when the one-year H1B extension can be filed. Under the previous memo, the foreign national had to qualify for the seventh-year extension as of the date of filing the H1B extension. Thus, the case could not be filed until the labor certification or other employment-based green card case had been pending for a full 365 days. This was consistent with the basic immigration principle that one must qualify for a benefit at the time it is requested. It often was problematic, however, since, depending upon the particular case, this rule frequently left a very narrow window of time for the H1B filing. Since H1Bs can be filed six months in advance of the requested start date, the requirement with respect to timing is consistent with the ability to file in advance. The Memo now permits this needed flexibility.
©MurthyDotCom
Under Yates's May 2005 Memo, it is necessary to establish that the extension criteria are met on or before the requested start date. Thus, the H1B petition can be filed before the 365 days are completed, as long as the initial date requested is after the 365-day requirement has been met. This is welcome news since there is often a very short period between the filing date of the qualifying labor certification or immigrant petition and the date that the initial six years of H1B status ends. The modified provisions in the Memo will now permit for advance planning, avoid the need for last minute filings and reduce the need to pay for expedited, premium processing
Sam23
Re: To PERM or Not to PERM, That Is the Question
I was only trying to get as much info from the collective knowledge in this group of people... but I see I've far exhausted people's patience w/ my incessant questions. My apologies....
One problem w/ attornies is that you get a somewhat different opinion from each one, and most mortals can't afford to see several to get the average opinion....
-N.
tikal said:
I was only trying to get as much info from the collective knowledge in this group of people... but I see I've far exhausted people's patience w/ my incessant questions. My apologies....
One problem w/ attornies is that you get a somewhat different opinion from each one, and most mortals can't afford to see several to get the average opinion....
-N.
Nuke: Don't get me wrong, but sometimes analysis paralysis is a real downer. Considering that Nuke & mortality don't go together 
, you don't want to obtain an average opinion of average lawyers. That's why I suggested Mr. Khanna (there are many others), the opinion of 1 or 2 top-notch attornies would be worth several std deviations above the other average.
Go with quality when you are contemplating a move that could be potentially foolhardy.
, you don't want to obtain an average opinion of average lawyers. That's why I suggested Mr. Khanna (there are many others), the opinion of 1 or 2 top-notch attornies would be worth several std deviations above the other average. Go with quality when you are contemplating a move that could be potentially foolhardy.
nuculer said:
pennwaiting
Registered Users (C)
I don't see you have posted "incessant" questions though. But your questions have probably "enlighted" a lot of people in this forum. And your questions are fun to read and easy to understand, and that's what we need to have here dearly.nuculer said:
Hi Sam23: Thanks for enclosing the recent Yates memo. This would make it easier now. Assuming a 11.05 PERM PD, you now can apply for leave recapture + 7th yr ext *possibly together* in or just after 06.06, saving $$, aggravation and uncertainty. But again don't shy from getting this done through a good attorney. This after all is not the run-of-the-mill H1 extension. Good luck!
Sam23 said:
Hi Penn & Nuculertikal said:Nuke: Don't get me wrong, but sometimes analysis paralysis is a real downer. Considering that Nuke & mortality don't go together
Go with quality when you are contemplating a move that could be potentially foolhardy.
Incessant Questions and Enlightment to few are good as long as they in the Right Forum and under right discussion Groups.
We all want to hear on Status of cases approved in PBEC and issues around that.
If we do not deviate from this it will be better for the forum and all concerned
MDwaiter24
Registered Users (C)
Let's NOT deviate
People come here to learn information pertaining to PBEC or BEC.
Posting information not even remotely related to the title of
the forum does a great disservice not just to the rest of the members
but also to the forum itself.
ashkee said:
People come here to learn information pertaining to PBEC or BEC.
Posting information not even remotely related to the title of
the forum does a great disservice not just to the rest of the members
but also to the forum itself.
ashkee said:
Hi Ashkee
Just because we do not have any Status for a few days we cannot start talking about this and that here. If at all people want to deviate it should not be another heavy subject like PERM. Let the forum members crack Jokes etc and lighten the mood of others. ( Discussion like this could be another Deviation Ofcourse !!!!!!!!!!!)
yours_sincerely
Registered Users (C)
Some enlightenment needed
*Ignore this posting if you are just looking for tracking info
Hey guys,
I was reading the immigration.com FAQ on EB3 retrogression (http://www.immigration.com/faq/prioretro.html) and I found the following question and its answer:
"
Q11 I am a licensed physical therapist and am currently working. I heard about the retrogression in the priority dates for people born in India. How is this going to affect me if I start my green card process now?
A11 Your priority date is the date we file the I-140. We will not be able to file I-485 until your priority date is current. See the Current Visa Bulletin: http://www.immigration.com/newsletter/vbarchive.html
"
I was always under the impression that the priority date for one's labor is important and many people were not going for PERM as they thought that they might lose their priority date which comes into play when you apply for 485. But as per the answer above, the priority date is the date one files the I140. Am I missing something here? Does it mean that if someone files through PERM and gets her LC approved today will have no disadvantage as compared to someone who filed in 2001 and gets her LC approved today since both of them will have the same priority date for filing I 140 (i.e. today)?
*Ignore this posting if you are just looking for tracking info
Hey guys,
I was reading the immigration.com FAQ on EB3 retrogression (http://www.immigration.com/faq/prioretro.html) and I found the following question and its answer:
"
Q11 I am a licensed physical therapist and am currently working. I heard about the retrogression in the priority dates for people born in India. How is this going to affect me if I start my green card process now?
A11 Your priority date is the date we file the I-140. We will not be able to file I-485 until your priority date is current. See the Current Visa Bulletin: http://www.immigration.com/newsletter/vbarchive.html
"
I was always under the impression that the priority date for one's labor is important and many people were not going for PERM as they thought that they might lose their priority date which comes into play when you apply for 485. But as per the answer above, the priority date is the date one files the I140. Am I missing something here? Does it mean that if someone files through PERM and gets her LC approved today will have no disadvantage as compared to someone who filed in 2001 and gets her LC approved today since both of them will have the same priority date for filing I 140 (i.e. today)?
pennwaiting
Registered Users (C)
what's your point?saknia said: