Philadelphia Backlog Elimination Center Tracking
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fastergcwanted
Registered Users (C)
VAhoper said:
This is something I didn't know. Has there been users in the forum who came across success in cases like this? Any other recent article on it? If true, it does give us flexibility in terms of changing employers.
VAHoper and other Gurus, can you confirm if my summary bellow is correct:
I have a NON-RIR LC waiting with PBEC which I am hoping will get approved sometime next year. Then if I apply for 140 and get it approved. In the meantime I get another employer to process case under PERM and get 140 approved right after that.
So,
1) I have approved Regular LC + approved 140 from employer 1 (As soon as this happens, I change employers)
2) I have approved PERM LC + approved 140 from employer 2
Now, when I file 485, I can use employer 1's LC PD even though the case now is being filed by employer 2. In doing this, there is no dependency in terms of employer 1 canceling LC/reusing LC for someone else/canceling 140 etc.??? What other problems would make this not work?
Please advise.
The most frustrating part
It seems PBEC is creating a situation where everyone become hopeless and go back to where they belong. I filed my case from VA in Feb2002, got the 45 days letter on Feb11,2005 replied within a week but nothing happened. The most frustrating part is that you don't know what is going on with your case and there is no way to find the case status either. No idea what to do how long the wait would be.
It seems PBEC is creating a situation where everyone become hopeless and go back to where they belong. I filed my case from VA in Feb2002, got the 45 days letter on Feb11,2005 replied within a week but nothing happened. The most frustrating part is that you don't know what is going on with your case and there is no way to find the case status either. No idea what to do how long the wait would be.
Pareshan4GC
Registered Users (C)
khogaye said:
My 45 day letter was received in the last quarter of 2004. We had replied immediately and now waiting for the results. It has been 12 months now but not heard anything from PBEC.
Delicateone
Registered Users (C)
DOL Explanation of BEC FIFO Procedures
Attached please find this page from AILA, nothing much same old story.........
DOL Explanation of BEC FIFO Procedures
Although the Backlog Elimination Centers (BECs) and ETA regional offices processing labor certification applications do follow FIFO procedures, a number of factors impact the order in which a case ultimately reaches disposition, relative to other cases in the permanent labor certification process.
In developing the backlog reduction system, we determined the most efficient approach was to establish two centers, which means applications will be processed in two locations. However, the overall productivity rate for the two centers is approximately the same.
In some cases, applications with an earlier priority date may be processed or reach disposition later than newer applications. Assuming two applications with the same priority date, there are several factors that account for different processing times for some applications. These include the type of application (RIR vs. TR), the stage of processing at which the application was received by the BEC (applications received from the regions have recruitment completed, and so are further along than those received from the states), the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application.
SlipperyGC said:
Attached please find this page from AILA, nothing much same old story.........
DOL Explanation of BEC FIFO Procedures
Although the Backlog Elimination Centers (BECs) and ETA regional offices processing labor certification applications do follow FIFO procedures, a number of factors impact the order in which a case ultimately reaches disposition, relative to other cases in the permanent labor certification process.
In developing the backlog reduction system, we determined the most efficient approach was to establish two centers, which means applications will be processed in two locations. However, the overall productivity rate for the two centers is approximately the same.
In some cases, applications with an earlier priority date may be processed or reach disposition later than newer applications. Assuming two applications with the same priority date, there are several factors that account for different processing times for some applications. These include the type of application (RIR vs. TR), the stage of processing at which the application was received by the BEC (applications received from the regions have recruitment completed, and so are further along than those received from the states), the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application.
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saknia said:
My wife heard it on C-SPAN2 and I am waiting for the senate web page to be updated (every 20 minutes) at the following link:
http://www.senate.gov/pagelayout/legislative/a_three_sections_with_teasers/votes.htm
Vote: 00295
Date: 03-Nov
Question: On the Amendment S.Amdt. 2367
Result: Rejected
Description: Byrd Amdt. No. 2367; To replace title VIII of the bill with an amendment to section 214(c) of the Immigration and Nationality Act to impose a fee on employers who hire certain non-immigrants.
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fastergcwanted
Registered Users (C)
MDwatch said:
That's great news guys.
If the bill does go through as is...does it allow us to file adjustment of status without date being current??? Or it just captures unused visa numbers and doesn't count dependent visa??? or both???
bklog_sufferer
Registered Users (C)
Byrd Amendment Just Rejected 03:02 EST
This is from http://www.immigration-law.com/
We thank the Senators who have agreed and rejected the Byrd Amendment.
However, this is just the second hurdle we have overcome. Another monstrous hurdle is still ahead of us - Conference committee with the House. Now is the time to call the leaders and other members of the House of Representatives to let them understand how important this Senate bill is! Don't roll down your sleeves yet.
This is from http://www.immigration-law.com/
We thank the Senators who have agreed and rejected the Byrd Amendment.
However, this is just the second hurdle we have overcome. Another monstrous hurdle is still ahead of us - Conference committee with the House. Now is the time to call the leaders and other members of the House of Representatives to let them understand how important this Senate bill is! Don't roll down your sleeves yet.
fastergcwanted
Registered Users (C)
bklog_sufferer said:This is from http://www.immigration-law.com/
We thank the Senators who have agreed and rejected the Byrd Amendment.
However, this is just the second hurdle we have overcome. Another monstrous hurdle is still ahead of us - Conference committee with the House. Now is the time to call the leaders and other members of the House of Representatives to let them understand how important this Senate bill is! Don't roll down your sleeves yet.
Guys,
This gets me really excited. Here is the question, what would be the timeline for passing this in senate, house and make it to the law book? Given that it is part of the budget bill it got to have certain timing requirements right? Any ideas?
bklog_sufferer
Registered Users (C)
Read this Q/A from http://www.immigration-law.com/fastergcwanted said:
Q83: I am not too familiar with the legistrative process. Now, the Senate passed the immigration proposals yesterday, October 20, 2005. Does it mean that probably next month, I will be able to file I-485 application?
A: Under the Constitution of the United States, either House (House of Representatives or Senate) can initiate the legislative process in most cases. Or the two Houses can initiate the legislative process simultaneously. Within each House, the bill is first introduced and goes through the relevant Committees and Subcommittees. The Committees' bill is then presented to the full floor of that House. Statistically, the full floor usually rubber stamps the Committee bills in most cases. Accordingly, the major struggle lies with the Committee actions. If one House initiates alone, the bill moves to another House for its action. In the another House, a same process will take place before the another House either amend and pass or reject the bill or just approve the bill. Where two Houses initiate similar bills either simultaneously or sequentially, and the two Houses passe similar bills with difference in some provisions, then the bills go to the Conference committee that is consisted of the House and the Senate. If the Conference Committe reaches a compromise, the bill then goes back to each House and the full floor of each House will either pass or reject it. Statistically, rejection of the Conference committee compromise is very rare. Once the bill is finally passed by the two Houses, then it is presented to the President for his signature. The President has a power either to consent and sign it into law or veto the bill within 10 days. The so called "statute" or "law" takes effect "upon President's signature." Accordingly, even if the Congress passed a bill, there will be no law until the President signs it into law. This legislative process will tell you two things. The bill which the Judiciary Committee in one House, the Senate, passed yesterday is not a law. Second, for this bill to become a law, there is a long road ahead and will go though a painful struggle in both Houses. Roll up your sleeves and work on lobbying!!
Does it all mean that we can file for 485 even if the Labor is not approved?
So much of chatter about these amendments confuses me... does this really mean that we can file I485 not caring about Labor being cleared?? If thats the case, who else will be more fortunate than us? If not the case, how does it matter to us being stuck at PBEC?
Please advice.....
So much of chatter about these amendments confuses me... does this really mean that we can file I485 not caring about Labor being cleared?? If thats the case, who else will be more fortunate than us? If not the case, how does it matter to us being stuck at PBEC?
Please advice.....
Yes, much ado about nothing if you're stuck at the PBEC - this will not help you without an approved labor. If you do have an approved labor, you can file for I-485 without waiting for the priority date to become current. However, you will not actually get the GC until your PD is current. Also, the provision to recapture unused visas and getting rid of the spouses & children from the count may temporarily alleviate the backlog for visa numbers. I suppose it does give a ray of hope for people who want to consider switching to Perm.
kiran00 said:
Look at the vote results:
Vote Counts:
YEAs 14
NAYs 85
Not Voting 1
Out of the 14, 10 are democrats .... now who is our friend in the senate ???
Akaka (D-HI)
Byrd (D-WV)
Dayton (D-MN)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Inhofe (R-OK)
Jeffords (I-VT)
Landrieu (D-LA)
Rockefeller (D-WV)
Sessions (R-AL)
Stabenow (D-MI)
Vitter (R-LA)
Vote Counts:
YEAs 14
NAYs 85
Not Voting 1
Out of the 14, 10 are democrats .... now who is our friend in the senate ???
Akaka (D-HI)
Byrd (D-WV)
Dayton (D-MN)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Inhofe (R-OK)
Jeffords (I-VT)
Landrieu (D-LA)
Rockefeller (D-WV)
Sessions (R-AL)
Stabenow (D-MI)
Vitter (R-LA)
MDwatch said:
Its true. Byrd's amendment was to abolish the visa recapture and all the goodies that this bill has for us. 14 senators voted yes to the amendment and 85 voted no. This amendment was thrown out of the window and we won this time. The original bill stands.
We still have to get our Labor cleared. Lets all lobby for that. If we all send emails to Leticia Sierra who has just joined as chief of DFLC, he might bring about a change. He should be made aware of what is really going on in the 2 DOL's. Look at the effect of our efforts to defeat Byrd's amendment. If we all send emails to Leticia Sierra with some case history, maybe this unfainess will stop and things will move faster.
Remember, there is a long queue forming for I-140 right now and we are not in it. Eventually when I-485 elligibility comes along, some people with PD's of 03 and 04 will be getting benefits and GC before 01 and 02 filers. This injustice has to end now. Why else were the Backlog reduction centers formed. We have to send emails to Leticia Sierra and ask him for faster processing while adhering to FIFO between the 2 centers.
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
Good work everyone
Its true. Byrd's amendment was to abolish the visa recapture and all the goodies that this bill has for us. 14 senators voted yes to the amendment and 85 voted no. This amendment was thrown out of the window and we won this time. The original bill stands.
We still have to get our Labor cleared. Lets all lobby for that. If we all send emails to Leticia Sierra who has just joined as chief of DFLC, he might bring about a change. He should be made aware of what is really going on in the 2 DOL's. Look at the effect of our efforts to defeat Byrd's amendment. If we all send emails to Leticia Sierra with some case history, maybe this unfainess will stop and things will move faster.
Remember, there is a long queue forming for I-140 right now and we are not in it. Eventually when I-485 elligibility comes along, some people with PD's of 03 and 04 will be getting benefits and GC before 01 and 02 filers. This injustice has to end now. Why else were the Backlog reduction centers formed. We have to send emails to Leticia Sierra and ask him for faster processing while adhering to FIFO between the 2 centers.
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
MDwatch said:
Its true. Byrd's amendment was to abolish the visa recapture and all the goodies that this bill has for us. 14 senators voted yes to the amendment and 85 voted no. This amendment was thrown out of the window and we won this time. The original bill stands.
We still have to get our Labor cleared. Lets all lobby for that. If we all send emails to Leticia Sierra who has just joined as chief of DFLC, he might bring about a change. He should be made aware of what is really going on in the 2 DOL's. Look at the effect of our efforts to defeat Byrd's amendment. If we all send emails to Leticia Sierra with some case history, maybe this unfainess will stop and things will move faster.
Remember, there is a long queue forming for I-140 right now and we are not in it. Eventually when I-485 elligibility comes along, some people with PD's of 03 and 04 will be getting benefits and GC before 01 and 02 filers. This injustice has to end now. Why else were the Backlog reduction centers formed. We have to send emails to Leticia Sierra and ask him for faster processing while adhering to FIFO between the 2 centers.
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