Philadelphia Backlog Elimination Center Tracking

StressTestInUSA said:
Guess what...!! all here in this forum are not frustrated enough. They have a lot of patience and r happy just venting out here...


I am sure all of us r so used to hanging around in this forum, even after our LC's r cleared, our finger's automatically click for this page.. this has become addiction more like the morning cup of tea/coffee...!!
Click to expand...

Its so true!!! I feel my day is not complete without reading the forum.
 
Re : Immigration Raids for Illeagal Immigrants (NJGCMar03)

I don't think, it has been triggered by the rallies.

I know many small business (like gas stations, stores, restaurants etc.) get calls from immigration authorities about any illegal worker. Most of the time they personally come and check all records/employees also. This has been there for the last 1-2 yrs.

NJGCMar03 said:
I am not sure whether the rallies in the past few months triggered it or it is just a coincidence.

http://www.cnn.com/2006/LAW/04/20/immigration.raids/index.html
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SlipperyGC said:
Today was announced that my company will be acquired by another company. I am on my 7th year and going 8th year.


Electronics Engineers, Except Computer - 17-2072.00
RIR/CA/EB3
PD: 09/25/03
RD: 10/04/04
BEC#: P-04303-30451
RECD 45DL: 02/17/05
RPLD 45DL: 02/23/05
Click to expand...

SlipperyGC I was in similar situation 2 years back when Pricewaterhouse Consulting wing got merged/acquired by IBM. Acquiring company Part of acquisition agreement observe all the immigration petition to their name. there is provision to do this as per law. So far I had no issue and I have colleagues who got their labor, I140 and 485 processed successfully after the merger. Dont worry you should be alright. Just followup with your HR to findout how the merger is going to impact your immigration process. Good Luck
 
http://www.immigrationportal.com/showpost.php?p=1405850&postcount=52

Something which was published in Omaha Herald, NE

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

Something which was published in Omaha Herald, NE

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

Hi

I had written to the omana herald, NE & they did publish this opinion on thier public pulse section.They have edited some part & thankfully the zist is still there. Lets all try to do the same by making the media , people, aware of our issues

Published in Omaha herald, dated 15th April , 2006 in Public pulse section
www.omaha.com

__________________________________________________
An unfair process



I am a native of India and a software professional. I came to this country in October 1999 on an H-1B visa.

I have been trying to get my green card through my employer. But because of delays in labor certifications from the U.S. Department of Labor and the unavailability of visa numbers, people like me might get green cards only after 10 or more years of waiting. In reality and logically, this process should not exceed 24 months.

This delay in processing green cards is killing day-to-day life for my family and myself. We are not able to make major decisions like buying a home, establishing a business, investing in the economy through stocks, etc.

I am a legal, taxpaying and productive member of American society. But my career and working status are stalled by this seemingly never-ending, unfair wait in the American legal immigration system. It is very discouraging and possibly detrimental to the interest of the U.S. global economy in the 21st century.
__________________________________________________ _______________

Thanks
GCcomesoon
 
Last edited by a moderator:
7th yr H1B Stamping

I just got my 7th yr extension and am planning to go to Toronto for stamping. My visa expired in March 2006. Does anyone have any experience with stamping there.

I would really appreciate your reply.

Thanks,

Dhan007
PD - Jan 2004 (VA)
No 45 day letter so far
 
Saknia and other gurus,
Please can someone respond to my question. Thanks a lot!

NJ EB3 1/03 vs PERM EB2 10/2006?

========
Just trying to weigh in my options. I have my application pending with PBEC (NJ PD:Jan'03) No 45 day letter yet. I see that I now qualify for a EB2 in my current position.

I'm trying to see if it would be wise to apply in PERM - I guess the PERM filing process would take couple of months so say by October of this year the application in filed (10/2006) in PERM. Should I go for it?

I'm from India.

Thanks in advance,
GCKaIntezar
 
Experts, Please comment.

My PD is 07/23/2002 VA NON_RIR (advertisement/recruitment effort completed and sent to DOL from SWA in Dec 2004). I see lots of approvals for RIR cases for JUL 2002 VA. How about NON-RIR cases?. Do you think I have a chance in the next few months?. Any comments will be appreciated. Thank you.
 
GCkaIntezar said:
Saknia and other gurus,
Please can someone respond to my question. Thanks a lot!

NJ EB3 1/03 vs PERM EB2 10/2006?

========
Just trying to weigh in my options. I have my application pending with PBEC (NJ PD:Jan'03) No 45 day letter yet. I see that I now qualify for a EB2 in my current position.

I'm trying to see if it would be wise to apply in PERM - I guess the PERM filing process would take couple of months so say by October of this year the application in filed (10/2006) in PERM. Should I go for it?

I'm from India.

Thanks in advance,
GCKaIntezar
Click to expand...


Intezar..

EB2 is a anyday better than EB3...better late than never.
throw some more money at PERM..

I think u shud have done it when u knew about the retrogression dates itself..
I heard in EB3 cooks,carpenters also fall into this category, thats the sad news for us..
 
Thanks

GC_enroute said:
SlipperyGC I was in similar situation 2 years back when Pricewaterhouse Consulting wing got merged/acquired by IBM. Acquiring company Part of acquisition agreement observe all the immigration petition to their name. there is provision to do this as per law. So far I had no issue and I have colleagues who got their labor, I140 and 485 processed successfully after the merger. Dont worry you should be alright. Just followup with your HR to findout how the merger is going to impact your immigration process. Good Luck
Click to expand...

There is a good chance that my work location will change though. This is too much...if only DOL has the idea of what if going through right now.
 
I AM GETTING RESPONSES FROM NEWS CHANNELS TO THE EMAILS I SENT THEM"

They say they are not aware of this issue, I would reccommend to use 10 minutes of your time to send email to below persons. Maybe something will come good out of this.

Instead of being silent readers and venting your frustration out in this forum and watching movies and drinking beer just write a letter....

I got two responses from two news channels, all they are saying they will do the research and they are not aware of this situtation DOL has created. But they want more real stories from different people...


COME ON GUYS
 
To: 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; 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; 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; Joseph, Gar; Laker, Barbara; nschwartz@fortunemail.com; publisher@forbes.com
Subject: "LEGAL IMMIGRANTS FIRST"
 
adallac said:
My H1B visa will expire this coming january 2007 while i have LC pending in PBEC, my company want to re-file H1B visa for new position, although the main purpose of it to lower my annual salary.. Here's my question is -

1. It is possible to have 2 H1B visa with possible of different position?
2. Do i Need to continue to extend my current H1B visa with LC pending just to maintain my job description?
3. Is there a problem in the future to maintain 2 H1B visa?
4. If my LC will approve, if i have 2 H1b Visa could it be complicated to file I-140 or I-485?

Hope for your help. I will appreciate it so much.
Click to expand...

First of all I'm not a lawyer so please consult your lawyer in any decision you going to make.

I have a similar case. I extend my H1b visa under different job description.
I filed my LC as System Analyst and filed my H1b under system analyst as well 3 years ago. To extend my H1b this year I have to follow the DOL salary range which already increase about $10.000 more than 3 years ago.

The Company won't increase my salary that much so in order for me to stay in status I have to extend my H1b under database administrator which is the job describtion actually the one that match my real job description eventhough my title is system analyst and the salary range is in my real salary range.

I filed with premium processing and get my extension request approved for another 3 year in less than 2 weeks without any problems.

as far as the new H1b, if the company willing to refile a new one and the quota for the H1b is still available I think you can go ahead and refile it.
But as a new H1b application, I believe they will check all the form more thorough compare to the extension request.

as far as LC process, my lawyer told me it shouldn't be any problem as long as the company still keep their promise to wathever they stated in the LC process (salary wise and Job description wise). In my Case, eventhough when I filed the LC my title is System Analyst but my job description is the same as the job description I filed for Database admin.

Again I took my chance right now but just to let you know that it is possible to extend the H1b under the different position.

About 2H1b, I think you better of with either or. Extend it or applied for new one. Again this is just my opinion you have to talk to your lawyer or find a good lawyer and discuss this possibility.

Hope this is help.
 
GCkaIntezar said:
Saknia and other gurus,
Please can someone respond to my question. Thanks a lot!

NJ EB3 1/03 vs PERM EB2 10/2006?

========
Just trying to weigh in my options. I have my application pending with PBEC (NJ PD:Jan'03) No 45 day letter yet. I see that I now qualify for a EB2 in my current position.

I'm trying to see if it would be wise to apply in PERM - I guess the PERM filing process would take couple of months so say by October of this year the application in filed (10/2006) in PERM. Should I go for it?

I'm from India.

Thanks in advance,
GCKaIntezar
Click to expand...


I would suggest 01/03 is more advisable. Based on retrogression priority dates, earlier date in EB3 is much better.
 
support.gc said:
I AM GETTING RESPONSES FROM NEWS CHANNELS TO THE EMAILS I SENT THEM"

They say they are not aware of this issue, I would reccommend to use 10 minutes of your time to send email to below persons. Maybe something will come good out of this.

Instead of being silent readers and venting your frustration out in this forum and watching movies and drinking beer just write a letter....

I got two responses from two news channels, all they are saying they will do the research and they are not aware of this situtation DOL has created. But they want more real stories from different people...


COME ON GUYS
Click to expand...

Story:

Came to US in 2001. Before, I and my wife used to run computer business together. I came here on H1 and my wife on H4. She can not work here on H4 visa and every month once or twice I have to hear from her: because of H4 I am wasting my talent.

My elder son is 7 years old and younger one is 2 years. I desparately need to buy house. I have enough down payment also BUT just because I don't steady legal status; can't buy house. By any chance if DOL or USCIS rejects my GC application, I have to go back to India, so don't want to take risk of buying house.

Family life is affected big ways because of this delay. I don't understand one thing: labor is justification of job need. If a person is working with a company for more than 3 years in similar position - what better proof DOL requires that the guy is fit for the position? Why do they need to go for scrutiny IF THE SAME DEPARTMENT IS APPROVING PERM CASES FOR SIMILAR POSTION FOR SAME COMPANY !

Anyway, my 2 cents (with frustration)
 
EB2 vs. EB3 is determinded by the job requirement, not your degree and experience. If the job you are working requires Master or Bachelor + 5 years experience (shown on the hiring AD), it's EB2, otherwise, EB3.

roman3 said:
Guys,

could you, please, clarify.

I filed my LC as EB3, but now I checked evaluation service and was told that my 5 years at the university (Russia) and hours I have in my diploma are easily make me Master of CS.

I contacted my lawyer and asked him if I can switch from EB3 to EB2 after my labor is approved and he said 'No'.

Did anyone have similar experience or have comments about the situation?

Thank you.
Click to expand...
 
I am not going to comment about many responses on the comedy channel post , but I have the eldest case since 2001 with no progress since then, I hope that close this subject.

My story is very similar to PBEC IS KILLNG MY LIFE, so I can not add new but I would like to add few points, the impact on our life due to this long process:

Work, experience impact:
- There is no flexibility in growing (promotions, raises) during the waiting time.
- There are possibilities of abusing by the sponsor company like unpaid overtime, discrimination between US and none US workers.
- There is no flexibility in changing employer once the first 6 years on the H1B are reached, which is the case for all 300,000 who are waiting.

Financial impact:
- Since spouses can not work, there are no other financial sources for the family.
- There are many restrictions on the loans and mortgages for none US citizens.
- There is no sold equity for most of the H1B families, such as: houses for example, due to the risk of buying.

Social impact:
- Marriage: Marriage in jeopardy, because educated spouse (in my case: MS on computer Sc.) can not work for many years (4 years in my case).
- Travels: Restrictions (almost impossible) to update visas and travel to homeland with out facing too many risk factors.
- Children: over 18 years can get in trouble during the process of obtaining their green card.

Discrimination:
- Driver license has Red line stating the immigration status.
- Banks and mortgage companies asking for status and give different rates and respect.
- (Some) work environments is using this delay to overwork the none US workforce.

PBECIsKillingMe said:
Story:

Came to US in 2001. Before, I and my wife used to run computer business together. I came here on H1 and my wife on H4. She can not work here on H4 visa and every month once or twice I have to hear from her: because of H4 I am wasting my talent.

My elder son is 7 years old and younger one is 2 years. I desparately need to buy house. I have enough down payment also BUT just because I don't steady legal status; can't buy house. By any chance if DOL or USCIS rejects my GC application, I have to go back to India, so don't want to take risk of buying house.

Family life is affected big ways because of this delay. I don't understand one thing: labor is justification of job need. If a person is working with a company for more than 3 years in similar position - what better proof DOL requires that the guy is fit for the position? Why do they need to go for scrutiny IF THE SAME DEPARTMENT IS APPROVING PERM CASES FOR SIMILAR POSTION FOR SAME COMPANY !

Anyway, my 2 cents (with frustration)
Click to expand...
 
support.gc , PBECisKillingMe, LoveNY and other motivated people. I totally agree about using the time to write/talk to media, which is a lot better than rallies. A rally does not get the message across all the time, and even if it does the message usually gets warped. Put yourself in shoes of a regular Joe over here ,by assuming you were in your country of citizenship (say India) and you see a rally of 'immigrants' (maybe 'legal' refugees) rallying cause their 'documentation' is taking a lot of time. Some people might empathise but will not do anything about it. Some people will definitely have a negative impression of the rally, and think the refugees are getting too big for their boots.

Detailed emails to news media (politicians will give time if they can get a vote, news media just want news on the other hand) will get the message across in a better way. BTW, my 2 cents on the email above is to avoid saying that your legal status is not steady (will make us seem like illegal immigrants too), but instead emphasise on the fact that the inexplicable delay in processing green cards leaves a person in a nightmarish limbo like you described above. Describe the human impact of this limbo as much as possible, and also highlight DOL/BEC screw-ups and absolute lack of feedback. I'll try to come up with such an email soon too.

Finally, I think the other way to hit back is spread the message everywhere (and I mean all over the world and to your close ones too) that immigration to America is a huge mistake, because of the nightmarish immigration procedures. Change the mindset of the world to such an extent that USA will be the last place they will think of immigrating to. And to practice what you preach, start preparing yourself to go back to your own country or to some other country (I know it's not easy, but start thinking about it at least to see if it is even remotely possible. Start looking around in other countries and spread your resume..no harm in that.)
 
No dynosorus fonts please !!!

Pl. do not use dynosorus fonts...we are not blind here.. we can read..please highlight if you want to emphasize something...
 
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