Philadelphia Backlog Elimination Center Tracking

[fogman1]

FIFO is the promise from govt agency, not law. There is unlikely any penalty if govt under deliver.

But if there is proof that govt intentionally delay the process or reject legally good cases across-the-board, that's another story.

Dallas BEC finished processing all the 2002 PD cases, and started working on 2003 Cases, Where as PBEC is stuck at 2001 cases.

When DOL started sending cases to BECS, They said 2 BECS will process cases based on FIFO

Is there any thing we can do legally to solve this Issue

 

[pillar]

Well, I feel like I've missed the boat. I thought I was close to getting my LC approved and now I find that everything has retrogressed. Can't file for EAD or I140/485.

Now even if my LC is approved in the following months, what is the point ? What is the advantage ? I cannot move any further because of retrogression. And from the DOL's latest statements, the cutoff dates aren't likely to move forward in the near future.

So then, I am still stuck in limbo in a never ending queue of one thing or another.

Sorry to complain......but I am a fan of this forum and have found much solace in knowing that I am not the only one stuck in this mess.

---------------------
PD : May 2002
EB2/RIR MD
45 day letter received and replied in March 2005

 

[csrini1]

Dallas BEC finished processing all the 2002 PD cases, and started working on 2003 Cases, Where as PBEC is stuck at 2001 cases.

When DOL started sending cases to BECS, They said 2 BECS will process cases based on FIFO

Is there any thing we can do legally to solve this Issue

Who said Dallas is finished with 2001 and 2002 cases, there are like 50-60 cases from my company alone with PD may-june 2001 to early 2002, which went to Dallas, no 45 day letter, they sent email to the 7th yr extension email id and got the case number with status as data review... and the number as d05***

 

[2002calabor]

You are not alone :-(

Well, I feel like I've missed the boat. I thought I was close to getting my LC approved and now I find that everything has retrogressed. Can't file for EAD or I140/485.

Now even if my LC is approved in the following months, what is the point ? What is the advantage ? I cannot move any further because of retrogression. And from the DOL's latest statements, the cutoff dates aren't likely to move forward in the near future.

So then, I am still stuck in limbo in a never ending queue of one thing or another.

Sorry to complain......but I am a fan of this forum and have found much solace in knowing that I am not the only one stuck in this mess.

---------------------
PD : May 2002
EB2/RIR MD
45 day letter received and replied in March 2005

You are not alone in this!! This is really frustrating. Having waited over 3 years for my LC I was hoping that somewhere in near future I will have AP and my wife will have an EAD to start working. But it seems we are getting royally screwed and we will have to wait another 3 years at least. I am begining to think is this even worth waiting for?

Sorry, I had to vent here. Nobody outside who is not stuck in this situation seems to understand!
------------------------
PD : Sep 2002
EB2/RIR CA
45 day letter received and replied in March 2005

 

[akela]

Ok Trying to make sense of this madness

Well I called BEC and one of the good lady answered. I was expecting to know my status that she refused to answer, but then I talked about general things and here is what I came to know

- They are trying to implement FIFO, and still stuck in 2001 (I guess I heard April). That does not mean that here and there few stargglers with later date are getting approved

- Her opinion, the total cases pending before 2001, i.e. 1998, 1999 and 2000 would be in hundreds, not even thousands.

Take this information with or without salt. If what she is saying is right than why this retrogression.

- I do not buy that establsihment is trying to kill employment based green card, why would then other catogerios be current...people are going to file.
By the end of year, as Dept of State publishes annual report it will be apperant that out of possible 140,000 green card only few were granted.
- I don't buy they do not want Indian or chinese or philopinos, more likely than not more people from these countries are seeking GC so its backlogged.
- i THINK IT IS VERY amauteris (and to imaginative) for Dos and USCIS to control FIFO by regressing Visa date.

There is another good explanation...we have to just find it.

rgds,
a

 

[GCVeteran]

VISA retrogression is an old thing

I came to US in 1994 as Student. Got my first labor approved in 1999, got my second labor approved in 2001 both times changed jobs on my own. Now Stuck in PBEC with a PD of 12/02.

When US congress introduced Employment immigration in 1960, congress wanted to control the diversification of immigrant population. For example all Indian IT companies hire only Indians. Thats why they introduced the VISA retrogression dates.

VISA dates work off of a formula. In 1999 congress found that there was a flaw in the formula as it was showing VISA's unavilable though they were available. Congress halted the implementation of the formula and ordered DOS to come up with a new formula. DOS gave a grant to a professor of MIT to come up with a new formula.

The MIT professor came up with the new formula in 2003. BEC's have all the cases certified. They just have to send out the certification letters. But they are waiting for the DOS to implement the new formula.

This is a double edged sword. It does good by not allowing PERM people to get ahead of the line. However since US already has a healthy population of Indians and Chinese already, it will take a lot longer for these country dates to move forward. 28% for EB1 (maybe 5% will be for Indians), trust me Indians use up all these numbers. Similarly for EB2 and EB3. These VISA numbers are not transferable across countries.

Hope this clarifies.

 

[Days_go_by]

GCVeteran

Thanks for you insights,
Couple of questions:
1) BEC's have all the cases certified? what do u mean? They obviosuly haven't even entered all data yet, how can all cases be certified?
2) So, that formula that prof came out, did they implement it now? or because of that formula, dates retrogressed now?
regards

 

[MannyD]

Hey Vet, thanks!

GCVeteran,
Thanks for this info! I've been truly wondering how the dates are moved, and your update is very relevant.
Are you saying that the formula was introduced in 2003 (thus opening up the visas) or is it still under consideration? If it is yet to be introduced, then is the date being moved adhoc now?

To all those who think the retrogression discussion is irrelevant in PBEC thread - I don't agree. The analogy to Wal-Mart is wrong - I dont go to Walmart to buy and then immediately stand in the returns line; so I wouldn't bother about the length of the line for returns. A more relevant analogy is: you stand in a long line at the immigration counter at the airport and you see a long line building up at the Customs counter. You HAVE to pass through Customs and therefore that line is also relevant to me.

VISA dates work off of a formula. In 1999 congress found that there was a flaw in the formula as it was showing VISA's unavilable though they were available. Congress halted the implementation of the formula and ordered DOS to come up with a new formula. DOS gave a grant to a professor of MIT to come up with a new formula.

The MIT professor came up with the new formula in 2003. BEC's have all the cases certified. They just have to send out the certification letters. But they are waiting for the DOS to implement the new formula.

 

[GCSyndrome]

Well, I feel like I've missed the boat. I thought I was close to getting my LC approved ......
---------------------
PD : May 2002
EB2/RIR MD
45 day letter received and replied in March 2005

is Philly processing May 2002 now?

also, isn't Philly behind because of the tech problems they had last year? i believe they didn't have good backup when their system crashed and they had to re-enter 2 months of data.

Also, my PD is mid june 2002, when do you guys think is a good time to ask my attorney to do a status check on my case.
thanks

 

[rollingstone]

Can you file 140 after LC

I know 485 has retrogressed. So is it possible to file only 140 once LC is approved? I believe it takes about 6 months. In the meantime if availability becomes current, can you file 485 even though 140 is still pending?

 

[Jaiatl]

Yes you are correct. You need I-140 filed/approved and current Visa Date.

I know 485 has retrogressed. So is it possible to file only 140 once LC is approved? I believe it takes about 6 months. In the meantime if availability becomes current, can you file 485 even though 140 is still pending?

 

[Jaiatl]

Philadelphia BRC is processing all LC up to May 2002. (Oldest date first) after receiving 45-day letter reply. It is difficult to know the time but likely in next 2 months.

is Philly processing May 2002 now?

also, isn't Philly behind because of the tech problems they had last year? i believe they didn't have good backup when their system crashed and they had to re-enter 2 months of data.

Also, my PD is mid june 2002, when do you guys think is a good time to ask my attorney to do a status check on my case.
thanks

 

[gcby2020]

Well I called BEC and one of the good lady answered. I was expecting to know my status that she refused to answer, but then I talked about general things and here is what I came to know

- They are trying to implement FIFO, and still stuck in 2001 (I guess I heard April). That does not mean that here and there few stargglers with later date are getting approved

- Her opinion, the total cases pending before 2001, i.e. 1998, 1999 and 2000 would be in hundreds, not even thousands.

Take this information with or without salt. If what she is saying is right than why this retrogression.

- I do not buy that establsihment is trying to kill employment based green card, why would then other catogerios be current...people are going to file.
By the end of year, as Dept of State publishes annual report it will be apperant that out of possible 140,000 green card only few were granted.
- I don't buy they do not want Indian or chinese or philopinos, more likely than not more people from these countries are seeking GC so its backlogged.
- i THINK IT IS VERY amauteris (and to imaginative) for Dos and USCIS to control FIFO by regressing Visa date.

There is another good explanation...we have to just find it.

rgds,
a

I think this retrogression makes sense to institute strict FIFO. Probably DOL and USCIS are coordinating. It is unfair to those 2000 and 2001 candiadtes who are stuck in LC stage while 2004 candidates get GC. TO me all these makes perfect sense. Let there be no processing of recent cases till all the oldest ones are certified. If somebady from 2000 has not got a GC as yet then that person should get the top priority.

My take on retrogression:
DOnt accept any new cases for next six months. clear the oldest cases that are there in USCIS. In six months both DOL and USCIS will move together. If this happens, seems pretty fair to me in the current set of rules. Of course the real solution to this problem has to come from the senate... increase the number of GC or better still get rid of the cap at all. Let there be a rule that whoever has gone through LC or NIW should be given a GC.

 

[NAYAK]

certification from MD

One of my friend's case Nov 2001 from MD certified on aug 15th.

Mine is Aug 2001 and still the status is RIR.......ours both went to phily in Dec 2003.

So there is no FIFO going on atleast for now..

god bless all of us !! After this retrogression I don't want to predict anything...ONly thing I know is it is going to take time..............

Already 4+ years in LC and still counting !!

 

[mavrick007]

45days letter received for NY Oct 2002

lawyer said 45 days letter is received for NY state Oct 2002
any one on the same date received.
how long it will talke to approve after 45 days letter
thanks

 

[hvmmmk]

PD same as you

A useful document to get all your answers with the impact of recent retrogression for EB1/EB2/EB3 folks. A must read for all the folks who are stuck in this BEC hole.

I have the same PD, september 10, 2003. I have not received the 45 days letter yet. I will appreciate if you can let me know the updates of your case at hvmmmk@yahoo.com. I will also inform you if I get some information.

 

[sick_of_waiting]

Can we assign the PD to somebody else in our will? I guess I'll be dead by the time I get my GC...I was wondering if I could let my relatives take advantage of my age old PD.

 

[bassfisherman]

fogman1, thanks a lot for the info, good luck.

That could be a problem if the retrogression was partly caued by INS didn’t do it right and a lot of LC substitute flooded in. If that’s the case, there is legal ground demanding that INS reverse course and make a correct visa forecast.

 

[rirlaborCT]

This message is for Maverick007,

Good to know that Oct'2002 cases are getting 45 day letters.
Can you please provide few digits from your case num??

Thanks in advance.

 

[msasma2000]

tell me how?

can u tell me how the 45 day letter was sent
i am applied in 9/2002 and i have not received 45 days letter i have received ETA case # only