Philadelphia Backlog Elimination Center Tracking

greynicolls said:
not to scare you or anything..............they have closed my case because they said they sent the 45 day letter and the compnay never replied back......u can red the details about this in my previous posts.........

number to call is 484-270-1500...........tell them u r the employer asking for case status and be nice.........and try to explain the whole situation......

based on my expereience i think u have to find out definitely

1. If the case is open.
2. 45 day letter has been issued.
3. attorney and employer addresses are correct in their system.
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Hi Greynicolls,

Thanks for phone number. I am really scared if PBEC wnatonly closing the cases by not sending 45 day letters. If the case is closed, don't they send a letter to Attorney / Company? And in your case, how did you handle? Can you please get me your contact number? I am at 973-937-0379. Appreciate for your call. Thanks in advance
 
maryamchangi said:
Hi guys

I'm anew memeber of your community.I've been reading your foroums for couple of days.
most of you guys applied way before me and got your 45 days letter already.
How would I know if I got mine or not?
swa:MD
PD:03/2004 RIR
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You need to email them (check previous 200 pages to find out the email address :) ), asking for proof for 7th year extension filing; they'll email you a screenshot; if the case number starts with "P", then the letter has been generated;

Once again, the problem with GreyNichols' closed case tells us that:

- if you haven't received the letter yet:
- monitor the case every month via screenshot
- the moment the case changes from T to P, you wait for 1 to 2 months max;
- if you still havent received the letter after 2 months, simply have your HR write a basic letter to PBEC, saying that the company is interested in pursuing the labor cert, mentioning the case number, applicant name, etc.

This way you pretty much guarantee that they won't close the case by mistake.
 
You can always enter back, but be sure to carry all ur papers. One thing you got to be carefull is... if your H1 is approved before you re-enter make sure you have your H1 approval in hand so that your I-94(given at re-entry) has the new date of expiry on it(say Sep 30 2007)

You can make arrangements to receive the approved 7th year extension at your address in India.

If your H1 gets approved while you are in India, I-94(number/date) on approved H1 is going to be different than the one you get it at the port of entry. it's a lengthy & painfull process to get it changed after the fact.

I had the same experience in 2005 August, my H1 7th year was approved when I was in India and had my freind FedEx it to India address. I showed the new H1 approval to the port officer and 1-94(given at port of entry) reflected the new expiry date of 2006.

pennywise said:
Friends,

I am planning to visit India during July this year and return to U.S. on August this year. I have H1B visa till SEP-30-2006 and Applied for 7th year extension. Is there any issues while traveling and entering at Port of Entry?!

Greatly appreciate your help!
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pennywise said:
Friends,

I am planning to visit India during July this year and return to U.S. on August this year. I have H1B visa till SEP-30-2006 and Applied for 7th year extension. Is there any issues while traveling and entering at Port of Entry?!

Greatly appreciate your help!
Click to expand...

Normally Attorney advise not to Travel when your h1b is extension is pending with USCIS. This is true even if you have a valid h1b and Visa till Sep 2006. Reason being while you are considered extension of Status you are supposed to be here in US. Not sure when you applied for extension. You should have done that as Premium processing or get that and then travel
 
Magra,

Have you tried the Visa Lottery? If you were born in Germany, you have a good chance of winning the lottery. I know several people from Germany that won the lottery and one of them on their first try. What I heard is there are not many German natives that apply for the lottery so the chances are good.


magra said:
RIR (245(i))
PD 4/30/2001
Florida
Case # P-05028-xxxxx

45 day letter was replied to by employer in April 2005,
no result yet

Originally from Germany, I have been here since 1991 (15 years).
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I beg to differ. I don't think this is true. Travelling out only requires valid visa to come back. Only exception is when USCIS is processing your change of status. While changing the status, it is not advisable to travel out but not if you have H1 and sent it for extension. The only rule you need to follow is to return back before your current visa expires.

Just my opinion. Please confirm with lawyer.


saknia said:
Normally Attorney advise not to Travel when your h1b is extension is pending with USCIS. This is true even if you have a valid h1b and Visa till Sep 2006. Reason being while you are considered extension of Status you are supposed to be here in US. Not sure when you applied for extension. You should have done that as Premium processing or get that and then travel
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I was advised by my attorney same thing what Saknia mentioned...

PBECIsKillingMe said:
I beg to differ. I don't think this is true. Travelling out only requires valid visa to come back. Only exception is when USCIS is processing your change of status. While changing the status, it is not advisable to travel out but not if you have H1 and sent it for extension. The only rule you need to follow is to return back before your current visa expires.

Just my opinion. Please confirm with lawyer.
Click to expand...
 
cantstandit said:
You need to email them (check previous 200 pages to find out the email address :) ), asking for proof for 7th year extension filing; they'll email you a screenshot; if the case number starts with "P", then the letter has been generated;

Once again, the problem with GreyNichols' closed case tells us that:

- if you haven't received the letter yet:
- monitor the case every month via screenshot
- the moment the case changes from T to P, you wait for 1 to 2 months max;
- if you still havent received the letter after 2 months, simply have your HR write a basic letter to PBEC, saying that the company is interested in pursuing the labor cert, mentioning the case number, applicant name, etc.

This way you pretty much guarantee that they won't close the case by mistake.
Click to expand...

just to add to what u have said

1. They are looking for queires, reopen requests and such through a fax at 484-270-1600 rather than snail mail.

2. If the attorney has changed for anyone, a new G-28 (signed representation form for attorney) should be on file with the pbec, for the letter to go to the new attorney or address.

I sincerely hope no one else here gets to this situation, and hopefully this information helps other ppl
 
PBECIsKillingMe said:
I beg to differ. I don't think this is true. Travelling out only requires valid visa to come back. Only exception is when USCIS is processing your change of status. While changing the status, it is not advisable to travel out but not if you have H1 and sent it for extension. The only rule you need to follow is to return back before your current visa expires.

Just my opinion. Please confirm with lawyer.
Click to expand...
If you come back on an older visa (say valid until 5/30/06) - you get a new I-94 at port of entry (valid until 5/30/06). But if your H1 extension was approved while you were overseas - you had already received your new I-94 (lets say valid until 5/30/07). Now this new I-94 will be basically overridden with the I-94 at port of entry; hence nullifying your latest I-94/H1B extension. (I may be wrong - But thats how I think the law works). Hence you have to be careful if you have pending H1B and you are travelling overseas.
 
Woz2000 said:
Magra,

Have you tried the Visa Lottery? If you were born in Germany, you have a good chance of winning the lottery. I know several people from Germany that won the lottery and one of them on their first try. What I heard is there are not many German natives that apply for the lottery so the chances are good.
Click to expand...
Woz2000
I tried the lottery a long time ago, I think 10 years ago or so. Never gave it much hope though. After I applied under the 245(i) in 2001, I thought that things would be straightened out within a couple years - at least that's what the lawyer was telling me back then :-(
But I think I will look into this. The thing that sucks with my Labor Certification process is that I really don't need to work for anybody, since I have a business (c-corp) that is doing very well, and I have been paying (more than 250k) taxes for the past 5 or 6 years, both personal and corporate. Ironically for purpose of the LC process, I have a job lined up with a friend that owns a large agricultural business, where I will be (theoretically) working once approved. So in order to maintain my legal status through the LC process (if I ever receive it) I'd have to continue to "cheat" a little... until I have the GC. Or is there any way that you can change jobs, become a business owner once your labor certification for job X with company Y has been approved?
 
Hi,
Thanks in advance for your reply.
How can I get my case # tracked on this site?

My details
Non-RIR MD PD 02/2003 - Is PD the date you applied for labor?
Don't know what EB - what's the lowest level 1 or 3?
Case # P-05146-4xxx
45 day letter-? No clue to its whereabouts.
To be PERMed- OCT 2006- is there any use of this?
 
magra said:
Woz2000
I tried the lottery a long time ago, I think 10 years ago or so. Never gave it much hope though. After I applied under the 245(i) in 2001, I thought that things would be straightened out within a couple years - at least that's what the lawyer was telling me back then :-(
But I think I will look into this. The thing that sucks with my Labor Certification process is that I really don't need to work for anybody, since I have a business (c-corp) that is doing very well, and I have been paying (more than 250k) taxes for the past 5 or 6 years, both personal and corporate. Ironically for purpose of the LC process, I have a job lined up with a friend that owns a large agricultural business, where I will be (theoretically) working once approved. So in order to maintain my legal status through the LC process (if I ever receive it) I'd have to continue to "cheat" a little... until I have the GC. Or is there any way that you can change jobs, become a business owner once your labor certification for job X with company Y has been approved?
Click to expand...

Since it looks like you have sound business and if you show some investment here ( not sure about the amount) you can try for Residency based on your investment . Consult an attorney on that and that could get you GC faster
Altrnatively get a German Business and open a subsidiary here so that you can come in L1 and do 140 and 485 after that. There are multiple ways if you have funds.
 
I have a dump question

My labor it still pending and god knows when it will be approved. I have a question about EAD. After I get my labor certified do I have to wait to apply for my EAD because of retrogression or if I can apply right away?
 
I beg to differ

saknia said:
Normally Attorney advise not to Travel when your h1b is extension is pending with USCIS. This is true even if you have a valid h1b and Visa till Sep 2006. Reason being while you are considered extension of Status you are supposed to be here in US. Not sure when you applied for extension. You should have done that as Premium processing or get that and then travel
Click to expand...
I returned from India on April 1st 2006 while my H1b expired on April 19 th 2006. As long you are in status the immigration offical will not object to you entering the US. The official will try to confirm from you whether you have applied for extension ( You can carry your filing form). Moreover the official will/can give you the i94 stamping till the date of expiry of visa. Once your case is filed you are in status but if your visa has expired you can come in only after stamping.

Further I got my extension only on April 20th

Hope that helps

CA RIR EB2 PD July 31 2002
 
Last edited by a moderator:
Help IV help us!

Guys,

ImmigrationVoice.org, the non-profit organization started by fellow suffers such as us, is trying to meet its financial goal of 150K by this month end. IV is doing a fabulous job in raising awareness in DC about the legal immigration community, and trying its best to influnce the passage of the bill with amendments that will help everyone in the GC queue.

Contribution has come in from everywhere - mainly from people affected by BECs and retrogression - the two main objectives of this group. Even people who are between jobs have contributed, with the hope that the concerted effort of this group will get us thru this. Please seriously consider a donation - howsoever small. Think of it - it's not much more than a game of baseball, couple of movie tickets, or a fancy dinner out. Isn't your GC more valuable than any of these? Please do whatever you can and spread the word!

http://immigrationvoice.org/forum/showpost.php?p=10021&postcount=1
 
saknia said:
Since it looks like you have sound business and if you show some investment here ( not sure about the amount) you can try for Residency based on your investment . Consult an attorney on that and that could get you GC faster
Altrnatively get a German Business and open a subsidiary here so that you can come in L1 and do 140 and 485 after that. There are multiple ways if you have funds.
Click to expand...
But would that also work under the 245(i) process? I was under the impression that it only works with job specific labor certs or petitions via relatives.
Does the "investment" have to be physical property?
 
Saknia, can you please answer my question?

nohope_for_lc said:
My labor it still pending and god knows when it will be approved. I have a question about EAD. After I get my labor certified do I have to wait to apply for my EAD because of retrogression or if I can apply right away?
Click to expand...
 
nohope_for_lc

Looks like, you are in EB3 category.

Yes, if EB3 becomes current at the time you get your labor certified. I mean by 'yes' - to be eligible for EAD, after filing I-140 and 485.

As of now, EB3 is struck around Mar-May, 2001. But your priority date is Aug, 2003. So you may not able to file 485 if you get your labor now.

Your PD must be current to file 485. You can apply for EAD, only after it.

So pray for both - Labor as well as PD to be current.

Thanks and Good Luck,

Dhan007
PD - Jan, 2004 (VA-RIR EB2)
No 45 day letter so far

nohope_for_lc said:
My labor it still pending and god knows when it will be approved. I have a question about EAD. After I get my labor certified do I have to wait to apply for my EAD because of retrogression or if I can apply right away?
Click to expand...
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