spicensour
Registered Users (C)
luckylucky said:Does anybody knows if there were more LC approved in Phily recently?
Well, Has there been any approval at all in Phily recently?
Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
Well, Has there been any approval at all in Phily recently?
Navjo said:
I can't be sure because it sounds like there is lack of clarity from your lawyers office. The first step HAS to be an applicaiton with the SESA (or SWA = State Workforce Agency) in those days.
That date of May 24th 04 will be your Priority Date if your application was only submitted to the SWA then.
Otherwise, you MUST have an earlier priority date. If you have an earlier priority date, then your applicaiton may have made it to the Regional DOL on May 24th, 04.
If it made it to SWA on May 24th you may be looking at a wait into August or September (at worst)
If it made it to the Regional DOL on May 24th you may be looking at a few weeks more.
You're the best judge. Sounds like your lawyer is trying to tell you it made it to the Regional DOL on May 24th - in which case you can expect something in the next few weeks. Ask them what your priority date is, it may help clarify things.
Orissa, Tomshu , Icarus, Alkea
Hello my friends,
Please tell us if is true that the BEC have given the order to all the employyes and oficers of not give any information to the people like us that call them by phone.
Maybe someone who lives near the BEC can go there personally???
If you have any updates please le us know.
Thank you very much for your cooperation
Regards.
Hello my friends,
Please tell us if is true that the BEC have given the order to all the employyes and oficers of not give any information to the people like us that call them by phone.
Maybe someone who lives near the BEC can go there personally???
If you have any updates please le us know.
Thank you very much for your cooperation
Regards.
JustWatching
Registered Users (C)
Data entry estimates
Here are my estimates of case entry for the combined BECs. Can't split up sorry.
September '04 - 10,000
October '04 - 20,000
November '04 - 10,000
December '04 - 3,000
January '05 - 40,000
February '05 - 10,000
March '05 - 5,000
Total: 98,000
These are estimates! so cut me some slack. For those of you that are checking my math, at the beginning of March they said they had entered 86,000 cases - this would compare with my estimate of 93,000 so I'm off by a few thousand (if I were you I would believe my number instead of BEC )
Why the ups and downs? Who knows. December maybe because of the holidays. After that maybe they data enter like crazy and then they stop and mail letters.
If they have more months like January, Summer '05 to finish is doable, otherwise it will probably take longer.
JustWatching
Here are my estimates of case entry for the combined BECs. Can't split up sorry.
September '04 - 10,000
October '04 - 20,000
November '04 - 10,000
December '04 - 3,000
January '05 - 40,000
February '05 - 10,000
March '05 - 5,000
Total: 98,000
These are estimates! so cut me some slack. For those of you that are checking my math, at the beginning of March they said they had entered 86,000 cases - this would compare with my estimate of 93,000 so I'm off by a few thousand (if I were you I would believe my number instead of BEC
)Why the ups and downs? Who knows. December maybe because of the holidays. After that maybe they data enter like crazy and then they stop and mail letters.
If they have more months like January, Summer '05 to finish is doable, otherwise it will probably take longer.
JustWatching
JustWatching said:Here are my estimates of case entry for the combined BECs. Can't split up sorry.
September '04 - 10,000
October '04 - 20,000
November '04 - 10,000
December '04 - 3,000
January '05 - 40,000
February '05 - 10,000
March '05 - 5,000
Total: 98,000
These are estimates! so cut me some slack. For those of you that are checking my math, at the beginning of March they said they had entered 86,000 cases - this would compare with my estimate of 93,000 so I'm off by a few thousand (if I were you I would believe my number instead of BEC
Why the ups and downs? Who knows. December maybe because of the holidays. After that maybe they data enter like crazy and then they stop and mail letters.
If they have more months like January, Summer '05 to finish is doable, otherwise it will probably take longer.
JustWatching
Hey JustWatching...
You're obviously doing more than that but quick question. Interesting as your numbers are, I find myself even more interested in How do you know this? Or if you insist they are JUST estimates, you must base your estimates on some theory/observation/fact/insider information ...
So... which one is it ?
Ok.. not sure if you or anyone else will be offended by my question.. but it doesnt come loaded with any intent to... (offend).
thanks-
Anand_Mishra
Registered Users (C)
He can calculate based on New ETA#. BPC System reset it's last five digit after reaching some threshold. Justwatching can do estimates.
spidey said:Hey JustWatching...
You're obviously doing more than that but quick question. Interesting as your numbers are, I find myself even more interested in How do you know this? Or if you insist they are JUST estimates, you must base your estimates on some theory/observation/fact/insider information ...
So... which one is it ?
Ok.. not sure if you or anyone else will be offended by my question.. but it doesnt come loaded with any intent to... (offend).
thanks-
JustWatching
Registered Users (C)
Anand_Mishra said:
Yup, nothing more than that. I am as outside of the BRCs as anyone here (well almost everyone here...)
DFLC Backlog Processing Centers Update
As we reported earlier, DFLC initially focused on performing the data entries in order to identify and establish the national queue and to process cases on first in first out basis. DFLC reported to the AILA that as of mid-March 2005, the Backlog Processing Centers were able to complete transfer of 250,000 cases from the states and the Regions and worked on the data entry. As the earlier cases completed data entry, the Backlog Processing Centers also started processing of actual cases with old priority dates. Since the DFLC reportedly had over 300,000 backlog cases, it is anticipated that the initial step of shipping and data entry may be completed in the near future. It is also anticipated that for the next few months, actual decision of cases may not be that visible at least until the end of September 2005.
One way to reduce the backlog was to encourage applicants to refile under the PERM system without taking too much risk and without losing priority dates, but so far the PERM initiative has failed, leaving the mountain of backlog cases behind. At this juncture, applicants want to hear from the leadership of DFLC its policy on the affect of refiling on the pending cases, but they refuse to clarify this policy issue in both "identical" case refiling as well as "not idential" case refiling by the same employer for the same employee. This indecision also hurts indirectly its efforts to reduce the backlogs. We hope to see DFLC's decisive actions on various issues in the near future to achieve its goal of the foreign labor certification system reengineering smoothly and successfully.
As the DFLC gradually moves from the data entry stage to the actual processing stage, it should also clearly define the processing rule of "first in first out." In a number of occasions, it insisted that there would be no separate queues for different type of cases such as RIR vs. Regular Applications. However, considering the fact that these two cases involve a distinctly different type of work, a single queue of FIFO is not going to work when it comes to the order of actual certification. Probably, the analysts may be able to pull out files on the basis of "first in" (priority date), but since RIR cases practically do not need any work other than review and decision, meanwhile the regular applications must go through the time-consuming supervised recruitment process, it will be absurd that the RIR cases should remain a hostage pending the decision of regulation application cases with older priority dates. Accordingly, unless the DFLC adopts separate queues for different type of cases, a single national queue ignoring different type of cases will result in the extreme ineffective and inefficient management of processing of backlogs with no purposes served what-so-ever. This is particularly true that out of 300,000 or so backlog cases, the number of RIR cases appear to small. Again, we want to remind the DFLC that all it takes to make a decision on the RIR cases is to "review and decide," period!
Reasonable minds do not understand why these cases will have to sleep in the storage boxes pending processing of the mountain of regular application cases. The regular application cases need different type of processing work and processing time because of the different type of process the applicants will have to go through under the law in terms of "supervised recruitment process." The concept of "FIFO" processing rule will work only if the DFLC recognizes different type of cases requiring different type of work and processing time, and process the cases on "FIFO" basis for each type of cases separately. In other words, each type of cases should have a separate national queue and be processed on FIFO for that type of cases only.
In our opinion, the processing at the "front end" may be performed on a single national queue and on "first in" basis, but when it comes to the "back end" processing, there cannot be a single first in first out processing regardless of different type of cases. Even the front end work, it may be more efficient to process the cases in different queue for different type of cases. We hope that DFLC recognizes this issue as soon as possible before they move from the step of data entry to the next step of actual processing. For the back-end processing, a single national queue isn't going to work!!!!
As we reported earlier, DFLC initially focused on performing the data entries in order to identify and establish the national queue and to process cases on first in first out basis. DFLC reported to the AILA that as of mid-March 2005, the Backlog Processing Centers were able to complete transfer of 250,000 cases from the states and the Regions and worked on the data entry. As the earlier cases completed data entry, the Backlog Processing Centers also started processing of actual cases with old priority dates. Since the DFLC reportedly had over 300,000 backlog cases, it is anticipated that the initial step of shipping and data entry may be completed in the near future. It is also anticipated that for the next few months, actual decision of cases may not be that visible at least until the end of September 2005.
One way to reduce the backlog was to encourage applicants to refile under the PERM system without taking too much risk and without losing priority dates, but so far the PERM initiative has failed, leaving the mountain of backlog cases behind. At this juncture, applicants want to hear from the leadership of DFLC its policy on the affect of refiling on the pending cases, but they refuse to clarify this policy issue in both "identical" case refiling as well as "not idential" case refiling by the same employer for the same employee. This indecision also hurts indirectly its efforts to reduce the backlogs. We hope to see DFLC's decisive actions on various issues in the near future to achieve its goal of the foreign labor certification system reengineering smoothly and successfully.
As the DFLC gradually moves from the data entry stage to the actual processing stage, it should also clearly define the processing rule of "first in first out." In a number of occasions, it insisted that there would be no separate queues for different type of cases such as RIR vs. Regular Applications. However, considering the fact that these two cases involve a distinctly different type of work, a single queue of FIFO is not going to work when it comes to the order of actual certification. Probably, the analysts may be able to pull out files on the basis of "first in" (priority date), but since RIR cases practically do not need any work other than review and decision, meanwhile the regular applications must go through the time-consuming supervised recruitment process, it will be absurd that the RIR cases should remain a hostage pending the decision of regulation application cases with older priority dates. Accordingly, unless the DFLC adopts separate queues for different type of cases, a single national queue ignoring different type of cases will result in the extreme ineffective and inefficient management of processing of backlogs with no purposes served what-so-ever. This is particularly true that out of 300,000 or so backlog cases, the number of RIR cases appear to small. Again, we want to remind the DFLC that all it takes to make a decision on the RIR cases is to "review and decide," period!
Reasonable minds do not understand why these cases will have to sleep in the storage boxes pending processing of the mountain of regular application cases. The regular application cases need different type of processing work and processing time because of the different type of process the applicants will have to go through under the law in terms of "supervised recruitment process." The concept of "FIFO" processing rule will work only if the DFLC recognizes different type of cases requiring different type of work and processing time, and process the cases on "FIFO" basis for each type of cases separately. In other words, each type of cases should have a separate national queue and be processed on FIFO for that type of cases only.
In our opinion, the processing at the "front end" may be performed on a single national queue and on "first in" basis, but when it comes to the "back end" processing, there cannot be a single first in first out processing regardless of different type of cases. Even the front end work, it may be more efficient to process the cases in different queue for different type of cases. We hope that DFLC recognizes this issue as soon as possible before they move from the step of data entry to the next step of actual processing. For the back-end processing, a single national queue isn't going to work!!!!
fastergcwanted
Registered Users (C)
PERM-EB2 with US Master's Degree
Given the not-a-lot-of-hope situation at BPC currently, I was wondering what everyone here thinks about filing PERM EB2 case with US Master's degree, even at the cost of losing PD? What are the chances of success after initial technical problems with PERM system gets resolved? (Initial rejections we heard under PERM are for sure due to some technical glitch which should be resolved at some point)
EB2 not yet retrogressed, it might be worth taking this chance instead of waiting for 2 more years under BPC (u never know the economy and if we would have same jobs for next 2 years)
Anyone with thoughts on this, one way or other, please share opinions.
Given the not-a-lot-of-hope situation at BPC currently, I was wondering what everyone here thinks about filing PERM EB2 case with US Master's degree, even at the cost of losing PD? What are the chances of success after initial technical problems with PERM system gets resolved? (Initial rejections we heard under PERM are for sure due to some technical glitch which should be resolved at some point)
EB2 not yet retrogressed, it might be worth taking this chance instead of waiting for 2 more years under BPC (u never know the economy and if we would have same jobs for next 2 years)
Anyone with thoughts on this, one way or other, please share opinions.
My PD is 9/10/03 (Florida SWA) and I received a confirmation from my attorney that the case was transmitted to Atlanta on 1/13/04. That’s the last I’ve heard. I never received any info (acknowledgement of receipt or case number) from the Atlanta office. I also was never able to check status of the case over the phone thru my employer’s phone number. (per my lawyer they to not update they records). How can I find out what’s going on, and how can I get an ETA number (what info should I include in the email)
Thanks
Thanks
barbaraliu
Registered Users (C)
Q?
Would anyone able to tell me what is "the date of acceptance for processing" on the 45days letter?
Thanks
Would anyone able to tell me what is "the date of acceptance for processing" on the 45days letter?
Thanks
My lawyer told me that she is considering filing a PERM using my new job title while keeping the old RIR case, since I got promoted since then, but we haven't discussed how to do it yet. I don't know whether the experience I have gained with my current employer can be counted for PERM filing.fastergcwanted said:
Last edited by a moderator:
PainfulGC123
Registered Users (C)
barbaraliu said:
It is the priority date (Date on which SWA received your LC case).
antonioa77
Registered Users (C)
MVINAYS PLS share ur experience
if i remenber well, u got NOF concerning the PW , ur wage was much less than the one asked by SWA. can u clarify exactly what was the issue and how it was fixed?. I think my case is close to urs where BEC will ask, when they process my application ,to change the PW because mine is slighlty above level 1 wage for civil engineering (normally requires a bachelor degree) but my application for RIR asks for MS+0 experience therefore i expect BEC to ask for level 2 which i doubt my company will go with such a high wage. pls clarify?
MVINAYS,mvinays said:
if i remenber well, u got NOF concerning the PW , ur wage was much less than the one asked by SWA. can u clarify exactly what was the issue and how it was fixed?. I think my case is close to urs where BEC will ask, when they process my application ,to change the PW because mine is slighlty above level 1 wage for civil engineering (normally requires a bachelor degree) but my application for RIR asks for MS+0 experience therefore i expect BEC to ask for level 2 which i doubt my company will go with such a high wage. pls clarify?
Regs state that the accuracy of information is the employer's (applicant's) responsibility. If the moves occurred recently as you say, the mail should be forwarded by the post office as long as everyone involved told the P.O. that they were moving. If the employer letter is returned undeliverable, the letter goes in the file and sits. If no word is received by the end of the 45-day grace period, the case is closed. If an attorney is involved, they are also sent a copy of the 45-day letter. If the atty letter comes back undeliverable, the employer is notified. If both come back, the letters are filed and the case closed if no response has been received. Since this leaves a beneficiary's(alien's) hands somewhat tied, about the only thing you can do is keep in contact with the attorney and/or whomever is handling the employer's end of things.Omarx said:
An NOF is a Notice of Findings. This letter is sent out on an application if problems are found with the application that weren't resolved by the response to the 45-day letter. NOF's have to be addressed within a 35-day window or the case will be closed. If responded to, the case and the NOF response will be re-evaluated to see if the problem(s) were addressed and then a certification / denial decision is made.tao2004 said:What is "NOF"?
My PD is 04/2003. All my information is as in my signature.
Urgent - Need some advice - Labor withdrawn
Hello,
I would really appreciate your inputs on this. My lawyer (or DOL) really screwed me up. Sorry for the long text.
Background:
My company A got acquired by another company B. As part of the transition, my GC also got transferred to the new lawyer. Our new lawyer(B) filed address change with DOL. However, BEC sent my 45 day letter to my old lawyer(A). old lawyer(A) forwarded the 45 day letter to me and I forwarded that to new lawyer(B). New lawyer(B) responded to the letter as YES (atleast that is what lawyer says).
Present:
Today we received a letter under the name of company A (in CC), stating, "DOL is withdrawing the case per your request". I called on the new lawyer(B) and she says the following...
Old Lawyer(A) responded to BEC stating they are 'not representing my case any more' and New lawyer(B) responded 'YES'. DOL misunderstood the old lawyer(A) letter as withdrawal and sent you the notice. You don't worry, as we have all the paper work proof of sending YES to 45 day letter. I am actively following up and talked with few guys at the BEC.
Did any one face this situation before. I really need some advice. I am already on 7th year extension and this puts me in jeopardy.
Any advice?
Thanks
Hello,
I would really appreciate your inputs on this. My lawyer (or DOL) really screwed me up. Sorry for the long text.
Background:
My company A got acquired by another company B. As part of the transition, my GC also got transferred to the new lawyer. Our new lawyer(B) filed address change with DOL. However, BEC sent my 45 day letter to my old lawyer(A). old lawyer(A) forwarded the 45 day letter to me and I forwarded that to new lawyer(B). New lawyer(B) responded to the letter as YES (atleast that is what lawyer says).
Present:
Today we received a letter under the name of company A (in CC), stating, "DOL is withdrawing the case per your request". I called on the new lawyer(B) and she says the following...
Old Lawyer(A) responded to BEC stating they are 'not representing my case any more' and New lawyer(B) responded 'YES'. DOL misunderstood the old lawyer(A) letter as withdrawal and sent you the notice. You don't worry, as we have all the paper work proof of sending YES to 45 day letter. I am actively following up and talked with few guys at the BEC.
Did any one face this situation before. I really need some advice. I am already on 7th year extension and this puts me in jeopardy.
Any advice?
Thanks
PainfulGC123
Registered Users (C)
antonioa77 said:
antonioa77,
My SWA NOF was not about prevailing wages. It was about "unduly restrictive" requirements in ETA 750 A Item 15. Lawyer submitted a "business necessity" letter. SWA then approved and forwarded case to Philly Regional DOL.