Philadelphia Backlog Elimination Center Tracking

Title change...Please advise!

Friends,

Is the job title change will create any problem? It is not different position but one step up in the technical ladder.

The job description and the salary confims that of what mentioned in the labor application.

please advise whether I should consider getting the title change or not?

fyi...I am in same boat as you guys waiting for federal labor approval.

Thx
 
Icarus, where did you get the information

Icarus, I am wandering where you got the information posted on several threads here. Some info does not make too much sense.

Letters will be generated when data entry of the 750/G-28 forms is completed. They will be queued, printed and mailed within 24 hours of data entry completion.
As most of us understand, all the cases from Philly Regional have been entered into the system, but there is no sign at all of the letters.

PD referred to is the L.O. or local office date given the application at the time of submission to the SWA
If this is the case, we would expect a total chaos at BEC, because the difference among the replying time and they have to wait 45 days for every batch of letters sent out to make sure the so called FIFO works. And also Philly Regional PD for most case are more lately than SF Regional, it is stupid to enter cases from Philly earlier than SF.
 
11/06/2004: Now Election is Over and White House Should Either Deny or Approve DOL PERM Regulation

The U.S. Department of Labor has excerted its energy to work out the so-called Five-Year Strategic Plan of 1998 after spending enormous amount of time for a careful and thorough research and review of the problems of the labor certification system. The Five-year Strategic Plan was founded on two pillars to reduce the backlogs and to correct the ailing labor certification system: One pillar was to reduce the "existing" backlogs by the "Backlog Reduction Centers." The other pillar was to "prevent" new backlogs by launch of the new labor certification system named "PERM." The implementation of this Strategic Plan has been delayed and delayed for a number of reasons which included oppositions from anti-immigration forces and other departments in the Administration, lack of full support by the Congress to fund the reengineering system, and recently by the White House for fear of its impact on the national election.

To deal with the "ever" mounting backlogs, the U.S. Department of Labor recently announced and launched the so-called Transition Guide which is nothing but "reorganization" of labor certification process changing from the two-tier system into one-tier system , removing the state agencies' involvement in the labor certification process. However, as we noted earlier, this Transition Guide is, without doubt, expected to streamline the "backlog" reduction part of the Strategic Plan but in no way contribute to other part of the Strategic Plan, "prevention" of new backlogs. Without such sweeping changes of the labor certification system as reflected in the PERM program, simple reorganization or restructure of the processing agencies will no way help in achieving this part of the Strategic Plan. The reengineering of the labor certification system to save it from the total collapse works only if the two pillars are firmly cemented and operated simultaneously and side-by-side.

The White House (OMB) has no excuse to delay its decision at this point causing further damage to the nation's employment-based immigration system. It has only two choices: Either it denies the PERM regulation and faces the consequences of collapse of the nation's labor certification system or approves it quickly so that the labor certification system moves in the right direction. With the indecision of the White House, the DOL appears to be struggling to deal with the problem simply on "reorganization" rather than fundamental reengineering of the labor certification system itself in terms of the "substantive system and standards" as well as the "procedural reform." It is time for the White House to act!

SOURCE:
http://www.immigration-law.com
under breaking news.
 
pennwaiting said:
Icarus, I am wandering where you got the information posted on several threads here. Some info does not make too much sense.
Info provided is first hand.
Letters will be generated when data entry of the 750/G-28 forms is completed. They will be queued, printed and mailed within 24 hours of data entry completion.
As most of us understand, all the cases from Philly Regional have been entered into the system, but there is no sign at all of the letters.
The cases may have been entered but processing/sending 45-day letters has been delayed due to DOL's decision to change database/operating system to a proprietary system stemming from DOL's concerns re: security and privacy. Conversion should be completed by 11/14 and letters will begin to be sent out at that point.

PD referred to is the L.O. or local office date given the application at the time of submission to the SWA
If this is the case, we would expect a total chaos at BEC, because the difference among the replying time and they have to wait 45 days for every batch of letters sent out to make sure the so called FIFO works. And also Philly Regional PD for most case are more lately than SF Regional, it is stupid to enter cases from Philly earlier than SF.
The letter's purpose is three-fold, first to notify that the case has been transferred to the BEC (Philly or Dallas), second to verify that the application is still viable, and third, to allow corrections to be made/additional info provided to ensure completeness of the application. Once an affirmative response has been received containing any requested corrections (within the time alotted), processing (RIR/TR) will begin and priority will be determined by L.O. irregardless of the source of the file. Obviously, this will entail a bit of prioritizing depending on the source of the file and how soon 45-day letter responses are received (what you lovingly refer to as chaos), but DOL has determined that FIFO is the best solution.(remains to be seen).
 
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You probably will not know which office received your case due to somewhat random method used to distribute files between Phil. and Dallas. When the 45-day letter is received, it should specify which processing center is working on case.
 
buckleup1 said:
Are they going to simply look at the DOL recd date in the FIFO system or will the PD of the SWA (of that particular state) play a role ?

Let me give an example-

Say SFO DOL RD is July 2003 with SWA PD of August 2002.

versus

Dallas/Philly guy with DOL RD May 2003 but with the SWA PD of November 2002 ?

Whose application will be taken first ? because if its the latter that's not fair.

Please help me out ! Thanks


buckleup1
Current plans are to use the SWA received date to determine FIFO. So your applicant with the PD date of August would be worked on first provided the application was viable and requested corrections were received within the 45-day response period.
 
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Icarus said:
You probably will not know which office received your case due to somewhat random method used to distribute files between Phil. and Dallas. When the 45-day letter is received, it should specify which processing center is working on case.
Thanks for the info Icarus. Certainly, you seemed to have solid information regarding the BEC process. Do you think, if the application is forwarded to Dallas BEC, it will be a disadvantage?
 
labor_BEC said:
Thanks for the info Icarus. Certainly, you seemed to have solid information regarding the BEC process. Do you think, if the application is forwarded to Dallas BEC, it will be a disadvantage?
I'm not sure about advantage/disadvanage at this point...although both centers are run by the same contractor, obviously, different personnel and facilities may have an effect on the total efficiency of the process. It may be a little premature to speculate.
 
Icarus said:
current estimates on data entry completion alone are March of 2006.
When do you expect the data entry of the 20k applications of SF DOL will be completed by? Do you know till which received date the 20K application from SF DOL are?
 
Icarus said:
I'm not sure about advantage/disadvanage at this point...although both centers are run by the same contractor, obviously, different personnel and facilities may have an effect on the total efficiency of the process. It may be a little premature to speculate.
I meant the disadvantage in terms of the processing of cases. SF/Dallas vs SF/Philly!!

Dallas obviously has more backlogged cases than Philly, right?
 
Can someone please answer...

gp111,

can you please answer my following question?

Thanks in advance.


eln said:
Friends,

Is the job title change will create any problem? It is not different position but one step up in the technical ladder.

The job description and the salary confims that of what mentioned in the labor application.

please advise whether I should consider getting the title change or not?

fyi...I am in same boat as you guys waiting for federal labor approval.

Thx
 
eln said:
gp111,

can you please answer my following question?

Thanks in advance.

You should talk to a lawyer, but I think it does create a problem. The way I understand it is: Labor Certification is based on advertising for a specific position (required skill set, title, salary etc) - changing the position does make a difference to the labor certification.
Sorry for the bad news but thats what we all suffer. If you learn otherwise from a lawyer, please enlighten us all.
 
Higher Job title is okay

As far as talking to an employer, if you are going up in the tech ladder, then it is what they call as "Progressive labour" which is infact good. But i am not sure how much it is true. Theoritically, it makes sence. Think about the salary. If you get more than what you used to get, then it is not going to cause any problem. But double checking is always good.
good luck.
 
Talked to the good lady

The letters are not out, this week or next week (I know we have been hearing this since many weeks, nee months now. I guess 15th Nov is there internal date for printing letters).

Now don't ask about the process, it is still being worked. The overiding concern is of course it should be a fair system (and I hope efficeinet too).

They are going to send letters for all the LC in the system. Of course not all will be mailed the same day, They will be mailed and processed based on application number (and who knows what application number is based on, I would assume earlier date will have earlier number)

A good case takes not more than 10 minutes to certify.

There is a tracking number, not setup and cued yet, but surely it will work.

13,000 cases from Phily regional have been tranferred (total).

As of now Phily and SF cases will be processed. Later on cases from state will be processed.

rgds,
a
 
Does anyone know about what are the earlier state filing dates for SF as well as Philly cases that are in BRC. That date decides what get processed.

rgds,
a
 
Title change...from Murthy's site

Thanks Spidey and Forgood for your response. Here is I found from Murthy's site.

bhav : Dear Murthy, Can someone take a promotion while his GC is in
process in EB2 category?

SPEAKER_Attorney_Murthy : It is possible to take a promotion. The only
thing is that the LC and the I-140 should be worded broadly so that
the INS should not be able to come back and show that the position
advertised is no longer the same position, with respect to salary and
job duties, etc.


I know this is still grey area, but considering the time the gc takes (~five years), it is normal that a person will be pushed up the ladder. I will consider your inputs before considering the title change but little bit hesitant to talk to lawyer as we all know how these lawyers are. I will give my lawyer 2 out of 10.
 
akela said:
The letters are not out, this week or next week (I know we have been hearing this since many weeks, nee months now. I guess 15th Nov is there internal date for printing letters).

Now don't ask about the process, it is still being worked. The overiding concern is of course it should be a fair system (and I hope efficeinet too).

They are going to send letters for all the LC in the system. Of course not all will be mailed the same day, They will be mailed and processed based on application number (and who knows what application number is based on, I would assume earlier date will have earlier number)

A good case takes not more than 10 minutes to certify.

There is a tracking number, not setup and cued yet, but surely it will work.

13,000 cases from Phily regional have been tranferred (total).

As of now Phily and SF cases will be processed. Later on cases from state will be processed.

rgds,
a
I guess they r in the process of hiring a contractor to print the letters. Hope they will find one soon.
--murali
 
Akela,

Okay now I am confused. BEC are they going to process based on 'State Filing Date' or 'DOL Receipt Date'?

Thanks

AwardMyGC


akela said:
Does anyone know about what are the earlier state filing dates for SF as well as Philly cases that are in BRC. That date decides what get processed.

rgds,
a
 
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