Philadelphia Backlog Elimination Center Tracking

I hope you're right.

However, the factor that EB1/2 retrogression only applies to India and China makes it hard to believe that the intention of this retrogression is to enforce FIFO in any sense. If they wanted to hold the process for a while and sort it through, they would have set EB1/2 cut-off date for other countries as well, like 2004. Only in this way, PERM applicants would be effectively blocked out during this transition. Beside, the degree of Eb1/2 retrogression for Indian and China is just beyond imagination, if EB3 is more construable when you compare to EB3 retrogression for other countries. I guess it's more like either policy change or big mis-estimation.

I think AILA probably is on immigrant's side on this issue, since the irrational retrogression would only discourage potential immigration applicants, thus affecting their future business. Also employer, especially hi-tech industry will probably do sth. Think Bill Gates lobbied 20k H1B just last year. Stay tuned, it’s not the end yet.

Also prepared to donate money if somebody files a lawsuit.

Thanks!



tikal said:
What changed in a month is the dawning of the fact that
[1] PBEC & DBEC are approving LCs not in a strict FIFO

[2] Among the 2 BECs, DBEC is approving early '03 cases, while '01 cases in PBEC rot in hell

[3] After some teething problems, the PERM process is now creaking along, spewing out some more approved LCs with PDs after 03.2005

[4] Before all hell breaks loose, with the system getting dead-halted with lawsuits, this was the most opportune time to call for a stoppage in filing all 485 apps. Thus the degree of retrogression.

[5] PERMers and later-date non-PERMers need to wait for the early-dated PDs. The 2 BECs & PERM will continue to dump approvals, but post LC, everyone is now in single file. Strict FIFO has been imposed. This is only fair.

[6] As regards the # of visas/yr, that will be a politically charged issue. I don't see any stakeholder (employer, client, attorney, political representatives) except us who is on the immigrant's side.

[7] EB1/EB2 cut-offs should jump ahead fairly fast. Chinese & Indians in EB3 are looking at massive delays.
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Please, back to PBEC tracking

Aprlc2002 - or any one who knows - , are there any update or any new information from PBEC?

Thank you.
PD: 5/2002
EB3, CA RIR
 
gc_ka_wait said:
people,

I need advise. I already have eb3 pending with pd 12/02 in PBEC with case status RIR. I was waiting for some trends to be avible for PERM to see how it goes. Now since I can see PERM is pretty much stable process and labor gets approved very quickly withough much fuss, I was planning to file in EB2 with same employer. But then this new visa bulletin came and messed up whole plan(at least for the time being).

Now my Q is should i still go ahead with eb2/perm hoping that this vias held up is only for some time as far as EB2 is concerned and EB2 should become current again after few months...

Am i being too optimistic or I can take a shot. ( the only problem is if i still decide to file EB2/PERM - i will have to pay whole expense from my pocket which would roughly cost me 10,000 USD for whole GC.

Any input would be deeply appreciated.

peace
Click to expand...

I have an EB-3 with CA PD 06-08-02, which is very close to your case. I have been wanting to change to EB-2 PERM. I understand that PERM gets approved very fast, but with the current USCIS backlog, even with an approved LC, how can you adjust status with a 2005 PD? At this point, my lawyer said that PD is what is very important nowadays. Is there something that I don't understand here? Please enlighten me on this.

BTW, do you have a master's degree?
 
MannyD said:
Folks,
Does anyone know how the visa date is moved by DOS? Is there a limit date for a person to file 485? I know there is a 45 day cut-off for filing 140 after LC is approved. A hypothetical person with PD in 1998 can theoritically file just 140 and not 485 (has to be mentally-challenged to do that though!) and with no cut-off limit date for filing 485 how would DOS know its time to move ahead of Jan 1998? Another scenario, even if that person files 485, how would DOS finalize that they had the visa window open long enough for 1998 folks to file 485 as some persons expected to file could've left the country or moved to another job?
I am hoping someone will have an answer, as I learn from this forum that DOS is more disciplined than USCIS (BEC).
Thanks.
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Beats me.. but I get the impression that these dates (EB2 1999, EB3 1998,..) are anticipatory - in anticipation of visa demands by the CIS in coming months. If the demand goes up, dates remain the same or further go back, and vice-versa.

Regarding 45 day cut-off for filing 140 after LC is approved, I think it's yet to be implemented..

On 1998 cases, I remember a couple of months ago, when I talked to one of those 'nice ladies' at PBEC.. she did mention about 1998-2001 cases and back then they were in the process of clearing those cases first. So, it seems like there are a few staggered 1998-2001 cases here and there. Maybe not be many and that could be the reason we have 1998 as the cutoff date and not 1997.
 
Need Advise!

Friends,

I have a pending EB3/RIR case pending in PBEC (PD 9/03). With retrogression, one way of going around this mess is though PERM/EB2. I am from the Philippines. The issue is, DOLs stand on LC multiple filing. Lawyer told me that they still believe multiple LC filing is still allowed since DOL retracted their statement and is leaving the decision to me if I am willing to go ahead and file. I am on my 7th year as H1B BTW. Should I wait for DOLs clarification on the issue before filing?

Thanks,

RIR/CA/EB3
PD: 09/25/03
RD: 10/04/04
BEC#: P-04303-30451
RECD 45DL: 02/17/05
RPLD 45DL: 02/23/05
 
How is Philly BEC doing ??

Friends,
bad news regarding 485 visa number apart, any insider news regarding Philly BEC processing?? Last time I think we had May 2002 RIR cases reported in "FINAL REVIEW".

It's pretty much mid of september and I am hoping Philly will start processing with the same speed as Dallas is. Guys, Please keep reporting any Labor updates for your respective applications.

Thanks,
 
Are there so many people between 1997 and 2001

Hi Guys,

Are there so many people between 1997 and 2001 that it would take years to move to 2001 or 2002 or even current. My lawyer was saying there might be only 10s or lower 100s of people between 1997 and 2001. If that is the case, should the dates not move faster, rather than slower.

My guess is that the dates should be moving really fast, atleast until Apr 2001. Either that or DOS/USCIS are playing some kind of dirty game with us.
 
QWE123 said:
even the state visa bulletin hasn't published it yet, the following is from the official website of us embassy in manila, the page was last updated on 09/09.

check it out there.

I already cried my eyes out. Initially I though May 1st 2000 was May 1st 2002.
Click to expand...

Yeah, it's true.. My apologies..
 
Labor Approval from Philly BEC

For all those waiting for labor approvals and looking for some sort of news/hope, I have just received an approval for my case. Good luck to all of you. It has been a long and frustrating wait which cannot be described. But, hang on to your hopes! You will receive an approval.

Here are my details.

State Applied From: Virginia
BEC: Philadelphia
Category: RIR - EB2
Priority Date: April 12 2002
Went to Federal Labor: Dec 2003
45-day letter received: Feb 2005
45-day letter responded: Feb 2005
Labor Approval: Sept 12 2005
 
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PBEC Processing - Quickview

I had to edit this message after i had posted as there was another certification.. Congratulations, just_you_wait!


Hi guys, we should be patient with this whole GC process..

Regarding PBEC processing update we got one reporting (from murthy's site). It's again a March 2002, VA, RIR case. Good luck to all!

just_you_wait [PD: 12-April-02; CERTIFIED (12-Sept-05); State: VA; Regional: Dec 2003]
Venketesh [PD: 22-March-02; CERTIFIED (12-Sept-05); State: VA; Regional: ?]

Thanks rsiv for porting the list to spreadsheet!
 
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just_you_wait said:
For all those waiting for labor approvals and looking for some sort of news/hope, I have just received an approval for my case. Good luck to all of you. It has been a long and frustrating wait which cannot be described. But, hang on to your hopes! You will receive an approval.

Here are my details.

State Applied From: Virginia
BEC: Philadelphia
Category: RIR - EB2
Priority Date: April 12 2002
Went to Federal Labor: Dec 2003
45-day letter received: Feb 2005
45-day letter responded: Feb 2005
Labor Approval: Sept 12 2005
Click to expand...

just_you_wait:
Congratulations!!!
Have your lawyer file your 140 & 485 immediately.
Have you spoken to your lawyer to see if he can file it in 2 weeks?
 
Congrats!!

just_you_wait said:
For all those waiting for labor approvals and looking for some sort of news/hope, I have just received an approval for my case. Good luck to all of you. It has been a long and frustrating wait which cannot be described. But, hang on to your hopes! You will receive an approval.

Here are my details.

State Applied From: Virginia
BEC: Philadelphia
Category: RIR - EB2
Priority Date: April 12 2002
Went to Federal Labor: Dec 2003
45-day letter received: Feb 2005
45-day letter responded: Feb 2005
Labor Approval: Sept 12 2005
Click to expand...


Congrats just_you_wait!!!
All the best for your next stage.. Better hurry apply I485.. guess you still have till end of month for the retrogression to kick in..
Has your lawyer received the mail yet? or did you check your status?
 
satishrr said:
Hi Guys,

Are there so many people between 1997 and 2001 that it would take years to move to 2001 or 2002 or even current. My lawyer was saying there might be only 10s or lower 100s of people between 1997 and 2001. If that is the case, should the dates not move faster, rather than slower.

My guess is that the dates should be moving really fast, atleast until Apr 2001. Either that or DOS/USCIS are playing some kind of dirty game with us.
Click to expand...

I have really lost hope.My case was moved from Ca to stupid PBEC.India is most adversally affected by the retrogression.Even if the labor certification goes through, it is of no use as 1998 seems really far off.
You have got to realize that for countries other than India it is not so bad and with the limited no of visa # available,they shall be able to use all the numbers while we wait.It is pathetic.
Right now,I want to kick somebody's a--. :mad:
 
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My company's attorney got another certification from PBEC for a case filed in April 2002 from Virginia. The case was forwarded to Regional office before being forwarded to PBEC. I don't have any more details of the case.
 
new information

Hello every body i sent an E_mail to some one in department of labor called BILL he tell me that they will sent 45 day letter in the end of this month
good news
 
this is from sheela murthys site
What Can I Expect in the Future?
©MurthyDotCom
The Visa Bulletin indicated that forward movement of the dates is likely to be limited at least for the remainder of this calendar year, 2005. In a more detailed discussion with The Law Office of Sheela Murthy this morning, the senior official in charge at the DOS advised us that the plan is to hold the visa dates where they are for the month of November 2005. They do not anticipate making changes for November 2005, unless the data they received from the USCIS is in error regarding the number of pending I-140 filings that were ready for approval, as well as other information that goes into establishing cutoff dates

but as someone in this forum rightly said, why think/worry about the 45 min wait time in the return queue at Walmart, when you are in the 20 min waiting line to buy stuff...
 
H1-B extensions and PERM, retrogression

Hi All,

I had a few extension/retrogressoin questions:

My situation:

(1). My H1-B ends April 1, 2007.

(2). I have an RIR EB2 CA PD 09/02 at PBEC but it has several errors and I have been advised to reapply via PERM.

(3). My company is in the process of figuring out the logistics related to PERM and seems to be willing to file PERM but it's unsure how soon (1-6 months? longer?)


My questions:

(1). How late can I file PERM and not have to worry about my H1-B extensions? I've heard conflicting views:

(View a). I need to file PERM 1 year in advance ie. by April 2006 to qualify for H1-B extensions.

(View b). I can file PERM after April 2006 and as long as I have PERM approved and I file for I-140 one week before April 1, 2007, I can extend my H1-B based on a pending I-140.

Which of these is correct?

I'm looking at the scenario that my current RIR application gets rejected (say in the next month or two) and my company is not geared up to file PERM by April 2006.


(2). How does all this change with EB2 retrogresses for India?


Thanks!
 
msasma2000 said:
Hello every body i sent an E_mail to some one in department of labor called BILL he tell me that they will sent 45 day letter in the end of this month
good news
Click to expand...


Can you please give us the email address? Did you send it to Philly or Dallas?
 
like others

To be fair, nobody knows what will happen in 6 months .

Many other posts already mentioned if you file PERM, it does not mean anything because you will not be able to file 485 because of this retrogression .

Other people having early PD will and shoule be ahead of you .

good luck !




keviv4 said:
Hi All,

I had a few extension/retrogressoin questions:

My situation:

(1). My H1-B ends April 1, 2007.

(2). I have an RIR EB2 CA PD 09/02 at PBEC but it has several errors and I have been advised to reapply via PERM.

(3). My company is in the process of figuring out the logistics related to PERM and seems to be willing to file PERM but it's unsure how soon (1-6 months? longer?)


My questions:

(1). How late can I file PERM and not have to worry about my H1-B extensions? I've heard conflicting views:

(View a). I need to file PERM 1 year in advance ie. by April 2006 to qualify for H1-B extensions.

(View b). I can file PERM after April 2006 and as long as I have PERM approved and I file for I-140 one week before April 1, 2007, I can extend my H1-B based on a pending I-140.

Which of these is correct?

I'm looking at the scenario that my current RIR application gets rejected (say in the next month or two) and my company is not geared up to file PERM by April 2006.


(2). How does all this change with EB2 retrogresses for India?


Thanks!
Click to expand...
 
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