Philadelphia Backlog Elimination Center Tracking

[saknia]

Hi Saknia,
Most of your predictions are coming true at this moment.
I am asking you the same question, I asked previously. When will I get my labor approved?
Whenever I call my attorney for a status update, that b****ed, has a standard answer like, 'we are not suppose to call PBEC. That delays the job....etc...'
The way I look at the approvals for CA cases, mine should have been approved already. I checked with my HR also. They did not get my approval yet. <well...that's what they said....>

BTW, I sent the query for 8th year extn. got the screen shot within 10min.
Do you have any suggestions?

Thanks

CA State Mar 2005 replies are getting approved. Yours should be coming to you soon Buddy

All the Best for 140

 

[Zgreen]

You are right that you will only know for sure at the 140 stage, but if your LC requires MS or BS+5 (minimum) then you may guess reasonably that yours will be classified as EB2. I'm no expert though, just learning from lurking on this and other immi websites.

Saknia or other experts,

How do we know if a labour is filed under EB3/EB2? I thought its after the labour we decide it during I140. Thanks in advance for your advice.

 

[mariner555]

Hi Raj

If PERM does not cost you anything - Go Ahead and file as it could be a Backup for you

If not wait for your 2002 LC It might come out Real soon for sure

hi,
I am not an expert like saknia ..but be careful of perm when you have a PD of 2002.
I heard from a friend whose lawyer told him against filing in perm. the reason being ..if labor is rejected in perm then your old labor also gets rejected and you may not be able to get the yearly extensions ..so be afraid ,...very afraid (am quoting this from a movie )

 

[PBECIsKillingMe]

This is frustrating

Guys and Girls -

I have been reading this form for many months as a silent reader. I never posted before . I just wanted to share this with you guys .

my labor was filed : march,2003
State MA
Cateogry : Non RIR
Advertisement were done : Jan-March ,2005
Went to PBEC : April ,2005
45 days letter : Sep , 2005


Today I got email from my lawyer that my labor got approved i.e 4/17/2006 (after 3 years)


if any one need additional info, reply me here but i think I covered it all. I will check this form for many more days and reply with information all that I know. This form has made me aware of many things so I definitely owe something

I wish you all- all the best. Will see you guys in I140

-M Gupta

First of all, congratulations for coming out of this hell.

Guys, this is so frustrating. PBEC has continued inconsistency.

 

[danaya]

need your advice

Hello! I have been a silent reader of this forum for the past year.. especially on this thread and I would like to thank you all because this forum made me understand a lot of things about immigration.

My friends, I need your advice. My details are below:

PD: 05/30/2003
RD: 12/16/2004
Case Number: P-04351-XXXXX
Case Source: Region
Processing Type & Cases Status: RIR
Educational Attainment: BS Degree
Job Experience Related to BS Degree: 11 years (as of date)

I would like to ask you the following:

1. Basing on my 2003 priority date, is it worth it to switch to PERM? My lawyer told me that I will be spending around $5k (lawyer's fee included) for the whole process. What are the risk if i take this step?

2. Is my case eligible for EB2?

Any input from our experts will be greatly appreciated. Thank you very much! More power!

 

[mgupta2050]

First of all, congratulations for coming out of this hell.

Guys, this is so frustrating. PBEC has continued inconsistency.

Thanks .

I can't agree with you more with the fact of PBEC inconsistency.

 

[mgupta2050]

Hello! I have been a silent reader of this forum for the past year.. especially on this thread and I would like to thank you all because this forum made me understand a lot of things about immigration.

My friends, I need your advice. My details are below:

PD: 05/30/2003
RD: 12/16/2004
Case Number: P-04351-XXXXX
Case Source: Region
Processing Type & Cases Status: RIR
Educational Attainment: BS Degree
Job Experience Related to BS Degree: 11 years (as of date)

I would like to ask you the following:

1. Basing on my 2003 priority date, is it worth it to switch to PERM? My lawyer told me that I will be spending around $5k (lawyer's fee included) for the whole process. What are the risk if i take this step?

2. Is my case eligible for EB2?

Any input from our experts will be greatly appreciated. Thank you very much! More power!

with my little knowledge ,

there are two things
1) does your job require MS or BS with 5-10 years exp. , if not then no,you cann't file in EB2

2) Out of your 11 years exp. , how much you got from the employer you work for ? I may be wrong but what I heard , you cann't use present employer's exp. for perm labor.

 

[virtual55]

Start Sending Fax to Demand Improved Performance at BECs

http://immigrationvoice.org/forum/showthread.php?t=618

This fax is going to go the White House, the Secretary of Labor Elaine Chao, and the Senate, House subcommittees on Immigration.

 

[MDwatch]

with my little knowledge ,

2) Out of your 11 years exp. , how much you got from the employer you work for ? I may be wrong but what I heard , you cann't use present employer's exp. for perm labor.

Correct, experience with your current employer does not count.

 

[greynicolls]

with my little knowledge ,

there are two things
1) does your job require MS or BS with 5-10 years exp. , if not then no,you cann't file in EB2

2) Out of your 11 years exp. , how much you got from the employer you work for ? I may be wrong but what I heard , you cann't use present employer's exp. for perm labor.

Danya, mgupta is correct.....u can file file EB-2, if your job requirement is BS plus 5 or more years experience.........and the experience should be outside the company filing for PERM.......talk to a good lawyer and hopefully you can go that route.

In addition to this atleast i see some other people from NY from june or july 2002 who havent received 45 day letters yet, and i also met someone with july 2002 and from NY who hasnt received 45 day letter yet.......so i guess i am not alone in this.

 

[StressTestInUSA]

http://immigrationvoice.org/forum/showthread.php?t=618

guys.... I beg you all to fax, its all set,u just need to click a button..

If we dont do this now for the least, we can expect nothing to change except to see some sporadic approvals.

2001/2002/2003 guys: just cant afford to wait any more

2004/2005 guys : u r supposed to be the most desperate of all, your cases will be touched after 2 full years.

 

[Cric]

with my little knowledge ,

there are two things
1) does your job require MS or BS with 5-10 years exp. , if not then no,you cann't file in EB2

2) Out of your 11 years exp. , how much you got from the employer you work for ? I may be wrong but what I heard , you cann't use present employer's exp. for perm labor.

As far as I know, for EB2 the job should require a master's degree or a bachelor's degree with 5+ years of PROGRESSIVE experience. progressive as in one starts off as a software trainee, then he/she becomes a developer, then he/she becomes a senior developer and so on...

 

[LedBy]

Nationwide RALLY of mail, fax, email, phone ON April 20 (Thursday) & April 24 (Monday

Nationwide RALLY of mail, fax, email, phone ON April 20 (Thursday) & April 24 (Monday)




Please feel free to customize your letter. Bold the main points.
Keep the full content in all letters (including TO & CC addresses), It could come to 4 pages or so.

Send Postal Mails on April 20 (Thursday)
Send Fax and Emails on April 24 (Monday)
Make Phone calls on 24 th and 25 th - Ask about the fax and letters you send.


I’m sure it will work some result if Whitehouse receive say 1000 letters…I guess 200,000+ people and their family is waiting for LCA.

In short, 1 + 12 letters will be going out to,

TO
1. President

CC
2. President’s chief of staff
3. Vice President
4. Vice President’s chief of staff
5. Labor secretary
6. Labor secretary Chief of Staff
7. Labor Deputy Secretary
8. Labor Associate Deputy Secretary
9. Stephen Stefanko - Certification Manager
10. John Barlett - Certification Manager
11. Ms. Condoleezza Rice, Secretary of State
12. Ms. Karen P. Hughes, Under Secretary, Public Diplomacy and Public Affairs


Let your friends also know…Let’s make it a success


Sub: Huge Administrative Delay in Foreign Labor Certification Application approval process at Department Of Labor


Dear Mr. President,

Hope your family and you are doing well.

I would like to bring to your attention the huge delay in LCA approval process at DOL’s two Backlog Elimination Centers (BEC), most notably the Philadelphia BEC. I started my application with DOL 4 years back. Two years have passed since the commencement of two BECs, but till now I have not received the approvals. There is not even an option for status check or an indication when my application will be considered.

My family and I are suffering constantly in numerous ways due to these delays. To list a few, my spouse doesn’t get the work permit, I can’t change the job, due to such insecurity we can’t buy a house or take a meaningful vacation etc. We are considering leaving USA to my home country, winding up the American dream. May be it was a big mistake in my life to come to USA after working hard on my engineering college degree and leaving behind a nice job in my home country. Now I have ended up fighting DOL’s Administrative Delays and its stone-age process which seems like a long dark tunnel, with no light in sight.

I will be highly obliged if you could look into this matter as soon as possible and take necessary measures to speed up the approval process.

Thank You Mr. President.

In appreciation of your leadership and resolve,

Sincerely


Name
City, State, Zip code

To: (Mail/Fax/E-mail)

President

The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Fax: 202-456-2461
president@whitehouse.gov


CC: (Mail/Fax/E-mail)

Vice President
President’s Chief of Staff
Vice President’s Chief of Staff

The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Fax: 202-456-2461

comments@whitehouse.gov,vice_president@whitehouse.gov,

Department of Labor

Ms. Elaine L. Chao, Secretary of Labor (202) 693-6000
Mr. Paul T. Conway, Chief of Staff (202) 693-6007
Mr. Steven J. Law, Deputy Secretary (202) 693-6000
Ms. Laura Genero, Associate Deputy Secretary (202) 693-6000

U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
202-693-2768

Stephen Stefanko - Certification Manager
ETA- Philadelphia Backlog Elimination Center
Division of Foreign Labor Certification
1 Belmont Avenue, Suite 220
Bala Cynwyd, PA 19004
FAX: (484) 270-1600

John Barlett - Certification Manager
ETA - Dallas Backlog Elimination Center
Division of Foreign Labor
700 North Pearl St., Suite 400N
Dallas, Texas 75201
FAX: (214) 237-9135


Department of State

Ms. Condoleezza Rice
Secretary of State
Ms. Karen P. Hughes
Under Secretary, Public Diplomacy and Public Affairs

U.S. Department of State
2201 C Street NW
Washington, DC 20520

Senate
John_McCain@McCain.senate.gov, senator@akaka.senate.gov, senator@biden.senate.gov, senator_bingaman@bingaman.senate.gov, senator_byrd@byrd.senate.gov, senator@clinton.senate.gov, senator@conrad.senate.gov, senator@dorgan.senate.gov, russell_feingold@feingold.senate.gov, tom_harkin@harkin.senate.gov, vermont@jeffords.senate.gov, tim@johnson.senate.gov, senator@kennedy.senate.gov, john_kerry@kerry.senate.gov, senator_leahy@leahy.senate.gov, senator@levin.senate.gov, senator@mikulski.senate.gov, senator_murray@murray.senate.gov, senator@billnelson.senate.gov, jack@reed.senate.gov, senator@rockefeller.senate.gov, senator@schumer.senate.gov, senator@stabenow.senate.gov
Media
belluck@nytimes.com, sundays@cbsnews.com, 48hours@cbsnews.com, jonathan.wald@nbc.com, comments@fareedzakaria.com, jabenn@nytimes.com, abc.news.magazines@abc.com, 2020@abc.com, abc.news.magazines@abc.com, thisweek@abc.com, Dateline@NBC.com, WT@nbc.com, MTP@NBC.com, nightly@nbc.com, today@nbc.com, viewerservices@msnbc.com, msnbcinvestigates@msnbc.com, abramsreport@msnbc.com, countdown@msnbc.com, hardball@msnbc.com, Connected@MSNBC.com, Imus@msnbc.com, allenh@washpost.com, allenm@washpost.com, aranam@washpost.com, argetsinger@washpost.com, rajiv@washpost.com, cheaterry@washpost.com, cohnd@washpost.com, coopermana@washpost.com, apcar@nytimes.com, peappl@nytimes.com, randya@nytimes.com, barbanel@nytimes.com, dabarry@nytimes.com, barstow@nytimes.com, goldbehr@nytimes.com, brian_hill@metronetworks.com, sheberer@pbs.org, ftn@cbsnews.com, betsy.fischer@nbc.com, plorris@univision.net, abenitez@univision.net, steve.majors@nbc.com, mcurtis@njn.org, stu.schutzman@abc.com,muriel.pearson@abc.com, dij@cbsnews.com,lisa.hsia@nbc.com, mail@uttm.com, dij@cbsnews.com, pjh@cbsnews.com,browne@foxnews.com,pls@cbsnews.com,gmartin@express-news.net,opinionjournal@wsj.com, mossberg@wsj.com, geoffrey.fowler@wsj.com,clemons@newamerica.net, lakshmipathy@newamerica.net, white@newamerica.net,friedman@newamerica.net, menon@newamerica.net,letters@nypost.com,letters@washpost.com, wsj.ltrs@wsj.com, josephg@phillynews.com, lakerb@phillynews.com, viewerservices@msnbc.com,
msnbcinvestigates@msnbc.com,abramsreport@msnbc.com,countdown@msnbc.com,hardball@msnbc.com,
Connected@MSNBC.com,Imus@msnbc.com,
nschwartz@fortunemail.com, publisher@forbes.com

 

[md_alien]

Experience with current employer

Experience from the current employer can be counted as long as it can be shown as PROGRESSIVE and not in the position for which the labor is being applied for. I'm not a legal expert but talk to a good attorney as this issue is a bit tricky to handle.

Correct, experience with your current employer does not count.

 

[danaya]

thank you!

Thank you guys for sharing your insights. I already have 6 years work experience before I joined my current employer, who is sponsoring me for gc.

 

[saknia]

First of all, congratulations for coming out of this hell.

Guys, this is so frustrating. PBEC has continued inconsistency.

Hi

In certain states they did not transfer cases from 2001 & 2002 and hence this approval for MA I think. I don't think anyone is waiting from MA from 2001 & 2002.

Like in VA they had cases from Beginning of 2002 only. Since they allocate Officers per state we have to expect these apparovals. But by and Large the approvals so far are in some kind of FIFO

 

[orangs]

Hi

In certain states they did not transfer cases from 2001 & 2002 and hence this approval for MA I think. I don't think anyone is waiting from MA from 2001 & 2002.

Like in VA they had cases from Beginning of 2002 only. Since they allocate Officers per state we have to expect these apparovals. But by and Large the approvals so far are in some kind of FIFO

Saknia, There are MA cases still pending for 2001 and 2002,

mine is 2002, cleared State , went to PBEC, Still waiting for final approval.
I know for sure there is one 2001 pending case, could not recollect his user name.

 

[orangs]

Hi

In certain states they did not transfer cases from 2001 & 2002 and hence this approval for MA I think. I don't think anyone is waiting from MA from 2001 & 2002.

Like in VA they had cases from Beginning of 2002 only. Since they allocate Officers per state we have to expect these apparovals. But by and Large the approvals so far are in some kind of FIFO

Saknia, I don't understand the ONE OFFICER PER STATE concept, If they do this where is FIFO? Why Backlog center, they could have continued the
old fashion way?

 

[BECle]

Invalidating H1B after transfer

If your old company withdraws LC application you will not get extension.... If you get Perm and I-140 approved with new company before you need extension then your H1 with new company can be extended based on I-485 pending against approved I-140.

Thanks for your input IN_LC.

I fully agree with your comment and it makes sense. I have one other question though. Assume one gets an 8th year H1B extension on the basis of a labor certification from Company A, and after getting the extension, decides to tranfer this H1B to a Company B. Can Company A then withdraw the labor certification application and invalidate the H1B after it is transfered to Company B? Thanks for your comments...

 

[rikki]

Quote:
Originally Posted by rikki
saknia,

I have a PD of Jun 2002 , still i havent received my 45 day letter ,
do you see any thing wrong here,

Thanks



June 2002 without 45 day letter so far is not good. Not sur this is because of your state ( Distr of colombia). Howver you can ask your attorney to mak an enquiry quickly to make sure your file is in tact and not lost or misplaced.

Act fast !!!!!!!!!!

Saknia,
I recently filled my extension with the screenshoot, i was wondering if that will be sufficient to say that my file is in tact and not lost or misplaced.