Philadelphia Backlog Elimination Center Tracking

Hi all,

Pondering over this year, nothing much changed w.r.t PBEC issues.Well, atleast we all are trying different ways to alleviate this burning issue.My deepest condolences to the ones who lost their jobs while waiting for their LC approval from PBEC. I hope they found job somewhere else...

Just thought of wishing you all HAPPY HOLIDAYS! Hopefully next year should bring in some relief on this PBEC mess atleast(don't know where we all would be w.r.t retrogression...). I am sure PBEC is all empty(except maybe handful of them to confuse the calling people more) with it's employees enjoying their holidays! Well, then we should enjoy our holidays too...

Thanks!
 
Wish an honest DFLC of DOL

It is a cold and unhappy Christmas this year, after three and half years' waiting, my permanent labor certification is still pending. I hate Division of foreign labor certification ETA of DOL's "delay and kill" policy of permanent labor certification very much. In 2004, DFLC of DOL said that they will finish all pending permanent labor certification cases in eight quarters. Then they say they will finish all pending permanent labor certification case in two to two and half years starting from March 28 2005, now they say it will take approximately 20-24 months to eliminate the permanent program’s backlog cases. DFLC of DOL also say BECs will finish data entry and sending 45 days letter by end of this summer, it didn’t come true, then they said BECs will finish Data entry and sending 45 day’s letters by end of this year, it didn’t come true again, now they say BECs will finish data entry and sending 45 days’ letter by June 2006. Can we believe them?
I only made one wish this Christmas "I wish an honest Division of foreign labor certification of DOL, no more lying please".
I write a letter to Secretary of Labor Elaine L. Chao in Oct 2005 to ask to transfer my permanent labor certification case to Dallas BEC because my case is filed in California, today I received a letter signed by Leticia Sierra dated Dec 15. The following is this letter.
*********************************************************
Dear Mr. xxx:
Your letter to secretary of labor Elaine L. Chao was referred to this office for reply. The Division of Foreign Labor Certification in the Employment and Training administration (ETA) is responsible for administering the department's foreign labor certification program. You requested our assistance regarding an application for Alien employment certification filed for you by xxxxx Inc.

As part of our efforts to improve the processing of permanent labor certification applications, the San Francisco Regional office sent this application to the ETA Philadelphia Backlog processing center. The center informed us it sent a “45-day letter” to the employer or its representative on February 9 2005, asking if it wished to continue with the processing of the application. The center received an affirmative response on February 22, 2005, and the case has been placed in the processing queue for Reduction-in-Recruitment cases. In regard to your request to transfer your case, it is our policy not to transfer cases between the Backlog centers.
We regret that there are such a large number of backlogged cases and empathized with your situation. However, in the interest of fairness and consistency, applications are processed in the order of their receipt and cannot be expedited based solely in the needs of individual employers or aliens. This avoids inequities that can arise when attempting to determine the relative merits of literally thousands of applications.
ETA has established two permanent program Backlog centers in accordance with an interim final rule we published in the Federal Register on July 21, 2004. The rule allowed us to consolidate state and federal functions of the application review process into centralized locations. We have completed the consolidation process; states have transferred cases previously under their jurisdiction to the backlog centers, which have entered information on these cases to facilitate processing and tracking. Based on this progress, we estimate it will take approximately 20-24 months to eliminate the permanent program’s backlog of cases. This new timeframe and consolidated approach to processing favorably compare to our old method, which may have required a period of four or more years to reach and process a case.
………………………..
I hope this information is helpful.
Sincerely
Leticia Sierra.
Acting Chief
Division of Foreign labor certification

*******************************
WE
PD June 11 2002 CA
RD May 1 2003 SFO.
45 days letter Feb 2005
Waiting for LC
 
user MELINDWANG posted his approval on another forum:

PD: May, 2002
45 day letter: 11.03.2005
Labor cleared: Early December
NY State, SWA
RIR, EB3

that's an interesting thing, he got approved right after the letter was received by the PBEC. We've seen several of those in the past couple of months ... it looks like some cases are "flagged" so that when the letter is received, it gets immediate approval ... maybe it's a new procedure they're putting in place, or maybe each certifying officer has a different way to work the cases. Maybe the officer gets assigned a bunch of cases, and it immediately approves them when the letter is received.

That's what kills us ... why don't they just post how they are processing the cases ?!

one reason for that is that it could be impossible to establish true FIFO using the workflow software they're using, because the software just sucks. I wouldn't be surprised ... I think the software was custom designed in-house by the contractor, so a scenario where the software was poorly designed and now they're stuck with it would be very possible ...

the DOL just sucks. Period.
 
Labor cases from Boston DOL

Hi guys,
Does anyone here know of if any case transferred from Boston DOL to Phily BEC has been approved.

People who boston, please post your details.

My PD : Sep 2004
Moved to Boston DOL in January 2005
No information after this.
My attorney toldmethat Boston DOL has stopped processing labor cases andall the cases has been transferred from Boston to phily BEC
 
rxs_1234 said:
Nayak:
I am also in a similar situation .. My PD is CA RIR DEC 2001 and I am finishing 7th year .. Once we are past 6 yrs, can we change employers.. How can we get H1 Transferred ? Is H1 Transfer allowed after 6 years...


Thanks guys for your suggestions...yes H1 transfer is possible with current pbec screenshot...
 
joegr9 said:
Just FYI.... I replied to my 45 day letter in August 2005 as well.....but no reply yet.


I also received a 45-day letter on August 17/2005 (Atlanta Regional). My lawyer told me 2 weeks ago that he received some approvals for 2003 cases but not my case yet.

My lawyer only works with cases from Florida (Atlanta Regional).
 
What is your priority date and regional recd date.
Can you post any details that you may have regarding 2003 approvals...your information will help Florida/Atlanta applicants some relief...to know PBEC is working on their case.

Thanks,
SG
dmbronner said:
I also received a 45-day letter on August 17/2005 (Atlanta Regional). My lawyer told me 2 weeks ago that he received some approvals for 2003 cases but not my case yet.

My lawyer only works with cases from Florida (Atlanta Regional).
 
Some_GreenCard said:
What is your priority date and regional recd date.
Can you post any details that you may have regarding 2003 approvals...your information will help Florida/Atlanta applicants some relief...to know PBEC is working on their case.

Thanks,
SG


My priority date is Dec. 16/2003
Case Number: P-05012-XXXXXX
EB3 - Rest of the World.
SWA: Florida
Regional: Atlanta
Still waiting....



My lawyer told me about two cases: One with PD: August 2003 and another PD: Sept 2003. He didn't give me details about RIR or EB3/Eb2 etc. because of "Customer Confidentiality".
 
katrina17 said:
Please read the article link below. http://pubweb.fdbl.com/news1.nsf/9a...3f1fbb721bca1a42852570af0078ea75?OpenDocument

regarding how pbec determined which case process first


The article has a link to a spreadsheet on the DOL website that lists the dates when cases were received from the SWAs. My case was with the Philly Regional office before it moved to the Philly BEC. The priority date for my case is well before the earliest case date listed in the spreadsheet for Delaware. Does anyone have any idea as to how Regional cases are processed.

---------------------------------------------------------
RIR/EB2
PD Dec 2002 Delaware
RD Aug 2003 Philly regional.
Transferred from Philly Regional to Philly BEC in Sep 2004
45 day letter received Dec 2004 replied in Jan 2005
 
Labor Approved

(After 4 years and 25 days) I finally received an email that my labor has been certified! To recap:

PD: November 27, 2001
45d letter received: October 21, 2005
45d letter replied: October 26, 2005
Labor approval: (received) December 21, 2005

I wanted to thank you all for great information exchange and I hope to see you all at the I-140 forum. Very Soon!


In the email I received the paralegal from the law firm said: "Now we can apply for I-140." I thought I could apply for both I-140 and I-485 at the same time (and get I-140 approved while waiting for my retrogression date to come for I-485)?
 
zgubi said:
(After 4 years and 25 days) I finally received an email that my labor has been certified! To recap:

PD: November 27, 2001
45d letter received: October 21, 2005
45d letter replied: October 26, 2005
Labor approval: (received) December 21, 2005

I wanted to thank you all for great information exchange and I hope to see you all at the I-140 forum. Very Soon!


In the email I received the paralegal from the law firm said: "Now we can apply for I-140." I thought I could apply for both I-140 and I-485 at the same time (and get I-140 approved while waiting for my retrogression date to come for I-485)?


zgubi,
Congratulations!!! I am really happy for you, it's always good to see someone from 2001 getting approval.
You will have to wait for retrogession date to become current for I-485, if you belong to country that is affected by retrogession(India,China...).

Good Luck!
 
congrats and a question !!

Congratulations :)

If you do not mind can you please tell me which state you filed from and was it RIR or traditional case ?

Thanks !


zgubi said:
(After 4 years and 25 days) I finally received an email that my labor has been certified! To recap:

PD: November 27, 2001
45d letter received: October 21, 2005
45d letter replied: October 26, 2005
Labor approval: (received) December 21, 2005

I wanted to thank you all for great information exchange and I hope to see you all at the I-140 forum. Very Soon!


In the email I received the paralegal from the law firm said: "Now we can apply for I-140." I thought I could apply for both I-140 and I-485 at the same time (and get I-140 approved while waiting for my retrogression date to come for I-485)?
 
Another NY Approval fro Nov 2001 Case

MSG from CGUBI


PD: November 27, 2001
45d letter received: October 21, 2005
45d letter replied: October 26, 2005
Labor approval: (received) December 21, 2005
 
zgubi details from tracker

NY-SWA
Never made to regional
RIR / EB?
PD: Nov 27, 2001
45 DL - Oct 21, 2005
Replied to 45 DL - Oct 26, 2005
 
My case is almost similar to yours.

Here are my details :
My priority date is Dec. 01/2004
Case Number: P-05011-XXXXXX
EB2-RIR
SWA: Florida
Regional: Atlanta
45DL received in Apr'05



dmbronner said:
My priority date is Dec. 16/2003
Case Number: P-05012-XXXXXX
EB3 - Rest of the World.
SWA: Florida
Regional: Atlanta
Still waiting....



My lawyer told me about two cases: One with PD: August 2003 and another PD: Sept 2003. He didn't give me details about RIR or EB3/Eb2 etc. because of "Customer Confidentiality".
 
hebron said:
Hi guys,
Does anyone here know of if any case transferred from Boston DOL to Phily BEC has been approved.

People who boston, please post your details.

My PD : Sep 2004
Moved to Boston DOL in January 2005
No information after this.
My attorney toldmethat Boston DOL has stopped processing labor cases andall the cases has been transferred from Boston to phily BEC
here is my detail...no approval yet
 
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