Philadelphia Backlog Elimination Center Tracking

Can someone please share if u know

guys...

Can I know this...

I have a labor EB2 Oct 2003..right now not working fot that company...Do we need to be working at the time of filing 140 with that employer..Cos this is an American company(not a consulting company) I may request them pathetically to file for 140 after the labor is approved(?? longlong way though)....but if I need to be employed with them at that time and if there is no project at that time, my chance for filing the 140 r very slim... I know the HR will get in touch with the corporate atorney and he is a very shrewd guys and obviuolsy HR will only listen to his story...

Also this is a very big company and thier turnover is in 300-400 millions..so finacially very sound...

please shed some light..some people say GC is for future employers etc so u need not be working with them at 140 stage..and can work for 6 months after the GC is aaproved...

Has anyone come across a realtime case like this or is this just in books...?

I can know where I stand with this LC...??


I know many of us will be in this stage in the near future (hopefully we come out of this muck with the 1st LC we have..!!)
 
StressTestInUSA said:
guys...

Can I know this...

I have a labor EB2 Oct 2003..right now not working fot that company...Do we need to be working at the time of filing 140 with that employer..Cos this is an American company(not a consulting company) I may request them pathetically to file for 140 after the labor is approved(?? longlong way though)....but if I need to be employed with them at that time and if there is no project at that time, my chance for filing the 140 r very slim... I know the HR will get in touch with the corporate atorney and he is a very shrewd guys and obviuolsy HR will only listen to his story...

Also this is a very big company and thier turnover is in 300-400 millions..so finacially very sound...


Hi Stresstest

Quote : some people say GC is for future employers etc so u need not be working with them at 140 stage..and can work for 6 months after the GC is approved...

This is correct. But this depends on Employer. If your HR say that they want to hire you once GC is fully approved that is fine too.

But there is another question here. If you have worked for them when they filed GC and then you leave them. How they will justify your leaving if INS question that. The Catch is USCIS should not question that. If that is raised then it will be a problem.

That is why some attorney's suggest that you work with them at 485 stage. But 140 should not be a problem I think. Convince your Hr so that you get I140 approved and then you can take that start with that PD on PERM with another Comoany as well. Since you say they are Big 140 will approve fast for them

Just my thinking
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mvinays said:
Folks,
One other reason why attorney tries to file EB3 LC is the prevailing wage issue. If you file as EB2, SWA will determine a much higer prevailing wage for BS+5 as opposed to BS+2. So, if your actual salary is not on the higher side (in a safe range for EB2), then it may be best to file as EB3 to avoid problems later at the I-140 stage (since USCIS checks for your paystubs and W-2s to se eif the prevailign wage is being paid before approving I-140).
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Prevailing wage is the wage an employer agrres to pay you after your green card approved for you.Even if you get lesser pay and in same position with that company, they can say that they will pay that and show proof for their abilty to pay it will go through

Only when USCIS offcier has doubts on Co's ability to pay they try to see whether you are being paid that wage to substantiate thier approval for that

For Company with solid financials this question might not arise I think
 
Saknia...

During 140 filing do we need to show our pay stubs etc...

I thought it was only the company's ability to show they can pay us the 'x' salary...

During 485 stage..yes..that is doable where we can work only for 6 months and change..that is file 485..wait 3 months for EAD(as of today..dont know how long will the wait be when it is our turn..) + 6 months..total of 9 moths we need to be with them...

this is all if there is no project and thinking of the worst senario...if we have a project well and fine....

Wonder when we will get the card in our 'hands'...till then all miseries...
 
bigbang

can you check the specific? Are those cases from PBEC, if that is the case, I bet they are RIR which is a good news here.

bigbang2001 said:
Heard from an attorney:

He received a few ( don't know how many ) cases from June and July 2002 California. I don't have any information on EB-1/Eb-2/EB-3 RIR/NON RIR

So don't loose hope as something is churning in PBEC. Keep up the pressure through any suggested measures listed here or at immigration voice.

CA EB2-RIR
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My attorney said they are receiving the 45-day letters for a few cases with PD at the end of 2003. Any one here too?
 
Kahada said:
bigbang

can you check the specific? Are those cases from PBEC, if that is the case, I bet they are RIR which is a good news here.
Click to expand...
They are PBEC and as you said June/July 2002 is likely RIR
 
mvinays said:
Attorneys also tend to file EB3 as opposed to EB2 because they can avoid defending the "unduly restrictive" requirements query raised by SWA or DOL. If such a query is raised for the job in consideration, attorney will have to justify BS+5 or MS+0 is indeed a requiremnt for the job because of a "business necessity". The reasons stated in the "business necessity letter" must be convincing enough to get a LC approval. In order to avoid this problem, attorney may sometimes choose to file as EB3 even though your qualifications makes you think you are qualified for EB2. At the time filing of LC, they also feel tempted to file under EB3 seeing the "current" status of EB3 visa numbers in the monthly visa bulletin being oblivious of the fact that EB3 numbers might retrogess in the future.
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also, on top of that, for IT people, I've read somewhere that it could be a problem to justify why a position such as software engineer or system analyst would require Masters instead of Bachelors, so the Labor Department could ask the reasons for that.
 
tomprc said:
My attorney said they are receiving the 45-day letters for a few cases with PD at the end of 2003. Any one here too?
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Please mention State too guys..

Even 2005 cases r getting 45 day letters from Carolina...
 
Hello guys,
I just wanted to let you know that my company received 45 day letter on Jan 23, 2006. My application was submitted on May 25, 2003 as Non-RIR EB3 in MA. I do not know when it is going to be processed for clearing LC, but I hope it will be soon...
 
If he applies OPT before you file your 485, then he is fine. but after you file your 485(both of you), it is a grey area right now. you cant apply OPT because filing of 485, application for immigration visa will cancel any of your non-immigration visa such as F1. but if you already have your OPT in your hand i am not sure if INS will cancel it. but technically you cant use the EAD from OPT to work any more because your F1 is no longer valid.
I had the same question a couple of years ago and this is what my lawyer told me.

161 said:
Firstly, I should say sorry to your guys cause I'm asking an unrelated question here but since I've been surfing here everyday from the time I found this websit, I feel so close to you guys.
Ok make long story short, my husband is trying to change his status to F1 visa from March, but we are struggling in if we should do that because let's say I get my LC approved this year and 140 next year hopefully, when we submit 485, will that affect his OPT application (he will be graduating then)? I know someone would say so just get 485 based EAD, but anybody knows if he can get his opt without any problem or we shouldn't bother to change status at all.
Thanks a ton for any input.
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Name address and Fax of PBEC director

I am sure it is in this forum. Try to search and it is painful to fine.
And also of Chao's
Please give me the info.

Thanks in advance.
 
StressTestInUSA said:
Saknia...

During 140 filing do we need to show our pay stubs etc...

I thought it was only the company's ability to show they can pay us the 'x' salary...

During 485 stage..yes..that is doable where we can work only for 6 months and change..that is file 485..wait 3 months for EAD(as of today..dont know how long will the wait be when it is our turn..) + 6 months..total of 9 moths we need to be with them...

this is all if there is no project and thinking of the worst senario...if we have a project well and fine....

Wonder when we will get the card in our 'hands'...till then all miseries...
Click to expand...

At 140 there is actually onely two things that will be put to test

1) Co's ability to pay the offered wages

2) Labor match with your qualifications and exp plsu eb2 factors if any

But if the Lawyer feels that ability to pay will be in doubt they ask you to add yur Pays stubs ( if you are already working with them ) to show that Co is already paying the offered wages say for last 6 months or 1 year

If your company financials are good then it should not be a problem. Some cases USCIS is asking pay stubs for the year of PD . Donlt know why. This depends on case to case and what supporting documents are sent


If your comopany employs more than 100 a letter from Director of the company is sufficnet in the place of proof of financials
 
StressTestInUSA said:
Please mention State too guys..

Even 2005 cases r getting 45 day letters from Carolina...
Click to expand...

The attorney is in MA. So I assume it will be PBEC. Did not ask the details.
 
saknia said:
Some cases USCIS is asking pay stubs for the year of PD . Donlt know why. This depends on case to case and what supporting documents are sent


If your comopany employs more than 100 a letter from Director of the company is sufficnet in the place of proof of financials
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Do you personally know any case like that...??

jeez..if this is the case then very difficult if guys r planning to file PERM from other companies if they r not currently working with them.... paystubs from PD will become a problem...

this company has 2-300 employess working for them..it is a very big construction company, but things shud fall in place for us when the times comes when our turn comes..!!

finacially very sound company..but only worried about the documentation from my side...
 
for imagenki

Could you please share the first 5 digits of your case # if you have it?

imagenki said:
Hello guys,
I just wanted to let you know that my company received 45 day letter on Jan 23, 2006. My application was submitted on May 25, 2003 as Non-RIR EB3 in MA. I do not know when it is going to be processed for clearing LC, but I hope it will be soon...
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Carolina Cases

tomprc said:
The attorney is in MA. So I assume it will be PBEC. Did not ask the details.
Click to expand...


Could you please let me know who recived the 45 days letter from NC states for 2005 PD. My case is 2004 from NC, and I haven't received any letter from PBEC.
 
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