Philadelphia Backlog Elimination Center Tracking

One year pending labor condition requires you to have labor filed in or before 5th year completion. Therefore you will get extension based on old labor filed with earlier company not the new labor. You will not get H1B extension based on any labor filed in 6th year or later even if it was filed one year before.

va_aug_2002 said:
Thank you RajeevMehta, msabir, jaiatl for your replies. I went through the document mentioned in the post and to one of the questions it says

Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?

Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.


Does it mean I can apply H1 7th year extension on my existing pending labor and also apply for H1 transfer to new employer at same time ? And if I can apply for my new PERM (with new processing date) through new employer before my 6 years are actually complete , I should not have any problems getting 8th year extension since it should be more than one year for the new PERM ?

Any body can provide guidance ?
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Philly screen shot

I got respond to my screen shot from Philly:
There is no information about my case status; they only wrote that my application is pending.
Who can tell me, what dose it mean?
1. No CASE STATUS.
2. It is written: Case source- STATE.
Should it be Regional?
My case was forwarded from Georgia State LOB in July 2003 to Regional LOB.
Please clarify.
Thanks
 
GA cases

shustrik said:
I got respond to my screen shot from Philly:
There is no information about my case status; they only wrote that my application is pending.
Who can tell me, what dose it mean?
1. No CASE STATUS.
2. It is written: Case source- STATE.
Should it be Regional?
My case was forwarded from Georgia State LOB in July 2003 to Regional LOB.
Please clarify.
Thanks
Click to expand...

shustrik, this is the same case for me. Mine was forwared on 5/2003 to regional. But the screen shot says the source is STATE. I hope that is OK.
Have you received 45days later yet ?
 
Every morning is a new beginning - so many new words to learn, not enough hours in a day! Thanks for teaching us 'follwoing' pearls of wisdom:
'follwoing', 'forigen' - who to care about forigen?, 'campaigne', 'laucnhing', 'arfe' ready to pay extra?

I hope you keep these coming, as it wakes one up with a smile/laugh on the face in these dark days/daze of PBEC hibernation.

Let not the 'follwoing' 'forigens' get away with drinking 'campaigne/champagne' without 'laucnhing' a thunderous 'arfe' 'arfe'.

Keep the goodies coming KurmaBhopali. Arfe Arfe....


Soormabhopali said:
Dear filak ,
I am ready to write for u , if really that is helpful . Definetly I like to explain that they should not worry about any thing .filak /Tilak is not going to leave USA ..he will continue to work and pay taxes .Even 1 yr extension is not required ,give him and others like him every 6 month extension after 6 yrs .

WIth follwoing advantages :
1.INS(former) will get more revenue, 6 month extensions.
2.Lawyers can earn more .
3.IRS continue to collect taxes and US industry keep exp. worker in Country .

Over all all goodies ..why to care forigen workers ?? :eek: :D
Click to expand...

Soormabhopali said:
You understand correctly , I dont see any better place ppl like Philak (Sorry Tilak ) are here and many others ..idea of campaigne and letter /fax writing to some one you whom allowed to contact and some thing you didn't filed(Emp. based labor) nothing more funny then that and Ppl like Janathan and Tilak who are laucnhing awareness movement ..and u know in one post one guy is claiming every one is ready to pay $2000 extra ....

What is basis of this claim ? How many of you arfe ready to pay extra ?
Click to expand...
 
Time to call it off guys

Dear Tikal & Soorma,
By now, both of you might have realised that this li'l banter can continue forever. Both of you are smart in your own ways and its just that you don't agree on something. Hope you guys will remind me of the same thing if I get carried away.
Happy Diwali to one and all. May the Goddess of wealth and prosperity sneak in a labor certification for you this time.

tikal said:
Every morning is a new beginning - so many new words to learn, not enough hours in a day! Thanks for teaching us 'follwoing' pearls of wisdom:
'follwoing', 'forigen' - who to care about forigen?, 'campaigne', 'laucnhing', 'arfe' ready to pay extra?

I hope you keep these coming, as it wakes one up with a smile/laugh on the face in these dark days/daze of PBEC hibernation.

Let not the 'follwoing' 'forigens' get away with drinking 'campaigne/champagne' without 'laucnhing' a thunderous 'arfe' 'arfe'.

Keep the goodies coming KurmaBhopali. Arfe Arfe....
Click to expand...
 
Time to act is now (from Murthy chat)

gcby2020 said:
100 of us should send Philly vs Dallas statistics to Elaine Chao and cc the letter to each of the local newspapers all over the country. That will put tremendous pressure on PBEC to get its act together.
Click to expand...

Chat User : Can we expect steps for improving the EB retrogression issue anytime soon?

Attorney Murthy : That is possible if there is a hue and cry by U.S. employers to their senators and representatives. It is advisable to request your employer to eMail or call the Senate switchboard. The details should be available on our website, MurthyDotCom. It does make a difference. There are some proposals that talk about the ability to file the I-485 even if the PDs are not current. Not sure if that can happen unless the law changes. So we need to push our legislators into action with our voices and eMails.
 
New Chief at BECs

Due to this, Is any change our fates?? This is latest info..


2068. LABOR CERTIFICATION FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE
UNITED STATES; BACKLOG REDUCTION

Priority: Other Significant. Major status under 5 USC 801 is
undetermined.

Legal Authority: 8 USC 1182(a)(5)(A)

CFR Citation: 20 CFR 656

Legal Deadline: None

Abstract: To reduce an existing backlog in pending applications for
permanent employment certification, the amendment allowed the National
Certifying Officer to transfer to a centralized ETA processing
center(s) applications that were awaiting processing by State Workforce
Agencies (SWA's) or ETA Regional Offices. The interim final rule sought
comments on the backlog reduction measures, and took effect 30 days
after publication.

Timetable:
_________________________________________________________________

Action Date FR Cite

_________________________________________________________________

Interim Final Rule 07/21/04 69 FR 43716
Interim Final Rule Comment
Period End 08/20/04
Interim Final Rule Effective 08/20/04
Final Action 10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Leticia Sierra, Acting Chief, Division of Foreign Labor
Certification, Department of Labor, Employment and Training
Administration, 200 Constitution Avenue NW., Room C4312, FP Building,
Washington, DC 20210
Phone: 202 693-3010
Fax: 202 693-2768
Email: sierra.leticia@dol.gov

RIN: 1205-AB37
_________________________________________________________________


jdk98
CT-NON RIR - Jan03
T - 05145-3XXXX
No 45 days letter
 
Is it me thinking wrong. I feel all the attorneys are more worried about the retrogression and not about the pace of PBEC.Why dont they support us getting through step 1 - labor. Correct me if iam wrong.

I started feeling the same way like USCISisMockery ..
 
GCTitan said:
Is it me thinking wrong. I feel all the attorneys are more worried about the retrogression and not about the pace of PBEC.Why dont they support us getting through step 1 - labor. Correct me if iam wrong.

I started feeling the same way like USCISisMockery ..
Click to expand...

It is not like they donot care ...looks like they are also stumped by the approach the labor dept came up with....

There have been cases in which attorneys tried to push the labor dept about backlog through litigation and they were not successful...

There was a mandamus case filed by some attorneys against labor dept. The judge threw the case out....The labor dept has covered its bases somewhat well..(bad for us..)...Whenever anyone complains they show that they have a very heavy case load and no funding... also they say they have made PERM available now....People should transfer to PERM if they want to get labor faster...Labor dept is pretty much not in a mood to do much about the backlog and the attorneys have not been able to push the dept through courts...Thats why we donot see any of the attorneys picking up the hot potato....Also attorneys stand to make more money if they do the PERM thing..
After the mandamus case fiasco I doubt that any attorney is going to pick the BEC cases up again....
At this point unless congress comes up with something ..like coming up with a clause in the law that allows us to change status without labor after say 3 years of continuous work or allow to file 485 when labor pending for say 180 days......That is the only hope or this BEC business is gonna go on for years.....
With a PD of mid 2004 I am very despondent about the situation....
 
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Sent a email to Leticia Sierra

I just now sent a email to Leticia Sierra.

come on guys for those who got stuck at phili BEC , please send letters, faxes, emails to senators and Leticia Sierra.

Good luck.
 
PCChandra said:
I just now sent a email to Leticia Sierra.

come on guys for those who got stuck at phili BEC , please send letters, faxes, emails to senators and Leticia Sierra.

Good luck.
Click to expand...
i am gonna mail her too.. can u pls send your letter format.

tks
 
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Sample Letter

gc_ka_wait said:
i am gonna mail her too.. can u pls send your letter format.

tks
Click to expand...


To,



Dear Leticia Sierra,

Acting Chief, Division of Foreign Labor Certification,

Department of Labor, Employment and Training Administration,

200 Constitution Avenue NW., Room C4312, FP Building,
Washington, DC 20210
Phone: 202 693-3010
Fax: 202 693-2768







Dear Sir/Madam:



Labor certification delay makes me suffer a lot.



Of the two BEC’s the Philadelphia Backlog Elimination Center (PBEC) is processing very slow. While the Dallas BEC is proceeding with regular approvals and with approvals as far as application date of Sep-2003(Regional RIR Cases), PBEC has not even finished partial data entry for more than half of the applications and have been randomly approving some applications with absolutely NO regard to FIFO (first-in-first-out), which the DOL had promised during the inception of the BEC’s.



As a legal, tax-paying and productive member of society, my career and my spouses working status is stalled by this seemingly never ending unfair wait in the American legal immigration system and is very discouraging and possibly detrimental to the interest of the American global economy in the 21st century.



Can you please take necessary steps to speed up the process at Philadelphia BEC like what Dallas BEC is doing now?



Have a nice day.



Sincerely,

Your Name
Your Address
Your Phone Number
 
letter to Sierra

I've just now emailed and faxed the letter to Leticia, Sierra.
Don't know whether she will read or reply back. Let us wait and see.
 
hello

Hi All,

I found more info, not convinving and bad to hear... People whosoever are having status something like Final Review: means it is recommended for Approval but, at this stage it could take 4 months.

They are still working on Some petitions which made it to regional and no concrete info when tehy can do. ALso this seems very vague that they do not have agenda every after being pounded by so many requests. I think they do not care for cryout looks like.

So it is so uncertain about what is happening and what has to happen at PBEC. SO Technically though your petition is approved tehy are still sitting and Hibernating over it.

This sounds Terrible isnt it.

JUST INFO AND ASSESMENT CANNOT BE BROUGHT UNDER ANY LAW
 
Did not get this clearly

The status of the application comes back blank when you send them a mail. So it is pretty much unknown whether the cases are up for final review or not?

Is it possible that they are also sitting on cases which have been approved and take a long time in sending out letters?

Also is it really bad to send mail requesting for status? Will the request affect the approval process (I was somehow told so by my lawyer)?

Please reply in Kind.
 
aprlc2002,

Do you know when they are going to start looking at SWA cases ? The way they are handling regional cases looks like it will take them ages to even complete 2001 SWA cases. Could you throw some light on this ?

aprlc2002 said:
Hi All,

I found more info, not convinving and bad to hear... People whosoever are having status something like Final Review: means it is recommended for Approval but, at this stage it could take 4 months.

They are still working on Some petitions which made it to regional and no concrete info when tehy can do. ALso this seems very vague that they do not have agenda every after being pounded by so many requests. I think they do not care for cryout looks like.

So it is so uncertain about what is happening and what has to happen at PBEC. SO Technically though your petition is approved tehy are still sitting and Hibernating over it.

This sounds Terrible isnt it.

JUST INFO AND ASSESMENT CANNOT BE BROUGHT UNDER ANY LAW
Click to expand...
 
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