Philadelphia Backlog Elimination Center Tracking

Need advices

Hi all:
Anybody think that it is worth to refile PERM? Is it possible to retain the priority day? My lawer told me it is ok to retain it as long as the job is still identical, which makes me curious why people here not go for PERM instead of awaiting PBEC? :rolleyes:

This my situation:
State: NJ
PD: 06/18/2002
type: TR
Region: never made it
45-day letter: never receive it.
 
bsun said:
This is my situation:
Labor applied in Oct 2001 from MD. Currently on 8-year H1-B extension.
Current company A recently bought by another company B.
Question:
What options do I have if company B does not sponsor green card application?
Can I find another company that does sponsorship?
Thank you.
Click to expand...

No matter what...!! dont lose that Proirity Date..Your r already in the 8th yr of H1...Dont even think about another company and filing thru them etc...

Take appointment with the new HR and explain the scenario of how the dates have retrogressed back to 2000 etc ..how crucial this PD is ..and a new LC will put u at the end of the line in 2006...they shud understand it..

Tell them only at 140 stage they have show some paperwork that the company is 'able to pay u that salary' thru their tax-return etc

Bottom line..its tooooo good a Priority Date to let go-off..!!!

good luck
 
Boss don't miss the OCT 2001 LCA.
Beg, borrow, if you have to. Otherwise, you might have to start from scratch.

And I understand your pain. These PBEC people have heaped hell on us. May God pay do to them, what they are doing on to us!! If only they could have been as efficeinet as DBEC (giving them enough allowance for their lack of result, mind you DBEC is itself not covered with glory). What does Stefen of PBEC wants, that we die, well I have been dying each day for many past years. Every time the project ends, or there is announcement of restructuring or I do not buy the toy that my daughter wants...each time it reminds me that because some people have chosen to be master of our GC process, we pay a very heavy price. I have paid my dues many time over, Can I get my freedom now, can they adjudicate my LC and give me GC. Can I stop suffereing for someone's else stupidity.
Thanks
 
Need Advice

Hi gurus,

With such a late PD should I just file with PERM? Employer says they cannot do EB2 with perm because of business necessity, but eb3 would be fine. Job title is Network Engineer. I belong to rest of the world, by the way. Which direction would be better for me?

Thank you for your valuable ideas
 
coolmaro said:
Hi gurus,

With such a late PD should I just file with PERM? Employer says they cannot do EB2 with perm because of business necessity, but eb3 would be fine. Job title is Network Engineer. I belong to rest of the world, by the way. Which direction would be better for me?

Thank you for your valuable ideas
Click to expand...
There are rumurs of EB3 world becoming current. How long it will stay will be dependent on how inefficient BECS are.

You are at the end of old model of DOL and it is a no brainer you should file for PERM.
 
Case Status Info

On January 24th my boss sent an email to the H1B7YR@PHI.DFLC.US e-mail for my case status, and on the same day i sent one to Info@PHI.DFLC.US.

On 25th Jan we got a screen shot from the H1B7YR@PHI.DFLC.US, and my case number was T-05130-XXXX.

On 9th Feb to my surprise i received a reply from the Info@PHI.DFLC.US, and now my case number is P-05130-XXXX.

So maybe the data has now been fully entered.

I am posting this information so maybe this will give some of u gurus some idea of the speed at which they are presently working, and maybe u can add your two cents to the situation.

PD: 12/2002
EB2
RIR
NY
 
shikev said:
Hi all:
Anybody think that it is worth to refile PERM? Is it possible to retain the priority day? My lawer told me it is ok to retain it as long as the job is still identical, which makes me curious why people here not go for PERM instead of awaiting PBEC? :rolleyes:

This my situation:
State: NJ
PD: 06/18/2002
type: TR
Region: never made it
45-day letter: never receive it.
Click to expand...

Since you are Non RIR and your case never made to Regional - Time line when PBEC will take up your case could be some time in 2007. ( going by the spped of PBEC)

PBEC is now attcking only RIR that made to regional.
Next in line is NOn RIR that made to Regional - We have seen very few approvals ofr these category

Next will be RIR that is from SWA ( from State)- as this is easy to adjudicate

Next will be Non RIR from SWA - You are in this category

Try and switch to PERM and try to retain your priority date. Spend on a Good Lawyer for this and it is worth it. Even if you copmany isnsit on using the same lawyer you can still Consult Rajiv or Murthy's for this ( by paying from your packet) and give the feedback to you Lawyer. he might jump ofcoure but he will take it

Even if you loose PD and your PERM is approved - It ii still far better than sitting here not knowing when you will get out
 
Thanks for the reply

bigbang2001 said:
There are rumurs of EB3 world becoming current. How long it will stay will be dependent on how inefficient BECS are.

You are at the end of old model of DOL and it is a no brainer you should file for PERM.
Click to expand...


Would it be possible for me to keep the old case intact while applying for PERM, or should we withdraw the old case?
 
As a legal resident of US, can't we set up meeting with government official ?
Instead of demonstration at Bala Cynwyd (where PBEC resides), how about group of 10 good speakers (among us), set up an appointment with Stephen ?
 
coolmaro said:
Would it be possible for me to keep the old case intact while applying for PERM, or should we withdraw the old case?
Click to expand...
You can have multiple labor cases with one in PERM and another the ancient DOL process ( wonder if I can call it a process)

You can also apply for PERM while preserving your PD. Look at Saknia's old postings. Teh risk is applications must be identical.

Good Luck. Without it whatever little chance we have is lost.
 
Very Very Very good suggestion

USCISisMockery said:
As a legal resident of US, can't we set up meeting with government official ?
Instead of demonstration at Bala Cynwyd (where PBEC resides), how about group of 10 good speakers (among us), set up an appointment with Stephen ?
Click to expand...

Very Very Very good suggestion Mockery. Spell out a plan please.

BTW, Do you live near PBEC?
 
bigbang2001 said:
You can have multiple labor cases with one in PERM and another the ancient DOL process ( wonder if I can call it a process)

You can also apply for PERM while preserving your PD. Look at Saknia's old postings. Teh risk is applications must be identical.

Good Luck. Without it whatever little chance we have is lost.
Click to expand...

bigbang2001,

My old lc was filed under eb2, doesn't that also mean I cannot convert my old case to perm just because my employer claims they cannot file eb2 with perm?

Thank you
 
coolmaro said:
bigbang2001,

My old lc was filed under eb2, doesn't that also mean I cannot convert my old case to perm just because my employer claims they cannot file eb2 with perm?

Thank you
Click to expand...
Refile in PERM preserving old PD requires identical application. You would need to file in EB-2 to claim identical case.

You are lossing less than a year in PD. You should still try to convince your employer for filing in EB-2 and if your from a non retrogressed country, the path becomes easier for you.
 
NY regional moved to BEC after NY reg closed down

This is my first logging into the forum. Just wanted to touch base with someone who might be in my predicament. My PD is March 2002 from NJ and was in NY regional since Nov 17,2004 and right untill the NY office closed. Now I have absolutely no idea where my labor petition is. Could anyone, whose petition moved from NY regional to Philly BEC after November 2005 and someone who has received the 45 day letter post a reply and let me know.

Waiting like most of you all.. going forward to apply for 8th year extension..
 
Filing PERM

Filing PERM

--------------------------------------------------------------------------------

Hi Guys,

I need you expert advise :

I have a EB3 pending labor in BEC with PD Nov 01 with company A. Now Company B is ready to file my labor in PERM as future employee under EB 2.

I have some questions:

- I have BS + 2 YRS Diploma + 10 yrs experience..do I qualify for EB 2?
- Should I wait for my old labor or go ahead with the PERM under EB 2.. I will have to pay for all expenses and I might not even work for that company after I get my papers ?
- I heard once I have labor approved from both companies I can import PD from my old labor ?
- How long the PERM process takes ?
- How much is the normal charges for filing labor in PERM ?

Thank you in advance for your advise.
 
See Answers below your questions

ariesny1 said:
Filing PERM

--------------------------------------------------------------------------------

Hi Guys,

I need you expert advise :

I have a EB3 pending labor in BEC with PD Nov 01 with company A. Now Company B is ready to file my labor in PERM as future employee under EB 2.

I have some questions:

- I have BS + 2 YRS Diploma + 10 yrs experience..do I qualify for EB 2?

10 Years in the field which is required for your Job that is being advertised by Company B should help you. If you have 10 years of exp that is not related to the Job Compnay B is offering now then you may not qualify for EB2.

- Should I wait for my old labor or go ahead with the PERM under EB 2.. I will have to pay for all expenses and I might not even work for that company after I get my papers ?

Let the Old Labor be there.It might get approved soon as you are 2001. Don't do anything. It can continue as the second one is from Company B and that too Future employment

- I heard once I have labor approved from both companies I can import PD from my old labor ?

No - as long as it is from same Company and with same position and specs
- How long the PERM process takes ?

3-4 months - inclsuding preprations to approval

- How much is the normal charges for filing labor in PERM ?

Anywhere from $4000-$7000 ( it depends on the Attorney. Good one will cost this much)

Thank you in advance for your advise.
Click to expand...
 
Govt performance report on DOL Permanent Labor Cert

http://www.whitehouse.gov/omb/expectmore/perform.html

http://www.whitehouse.gov/omb/expectmore/summary.10002380.2005.html

Program Assessment
Program
View Similar Programs Permanent Labor Certification Program
A Permanent Labor Certification issued by Department of Labor allows a domestic employer to hire a foreign worker to work permanently in the U.S. The program, as administered, certifies that no qualified U.S. worker is available and that hiring the foreign worker will not adversely affect U.S. wages or working conditions.


Rating
What This Rating Means PERFORMING
Adequate
This rating describes a program that needs to set more ambitious goals, achieve better results, improve accountability or strengthen its management practices.
The Department of Labor recently developed and is implementing a streamlined, automated process for employers to submit Labor Certification Applications.
Labor certification fraud continues to be a management challenge. Problems include the filing of applications on behalf of fictitious employees and the illegal sale of certifications.
The program lacks specific, ambitious targets that are consistent with the program plans to eliminate backlogs of applications.


Improvement Plan
About Improvement Plans We are taking the following actions to improve the performance of the program:

Developing appropriate performance measures for the new process and related to elimination of application backlogs.
Developing regulations to reduce the incentives and opportunities for fraud and abuse related to permanent employment of foreign workers.
Redirecting funds and resources to eliminate remaining application backlog.
 
mdgc2001 said:
Improvement Plan
About Improvement Plans We are taking the following actions to improve the performance of the program:

Developing appropriate performance measures for the new process and related to elimination of application backlogs.
Developing regulations to reduce the incentives and opportunities for fraud and abuse related to permanent employment of foreign workers.
Redirecting funds and resources to eliminate remaining application backlog.
Click to expand...

You forgot to mention the most important ... the backlog has been reduced by 15% only in 2005 :( I have posted this and some other info yesterday in this thread. Also note that in the 2007 budget, Bush says that the backlog should be eliminated by the end of 2007 ....
 
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