Philadelphia Backlog Elimination Center Tracking

an instance of overqualification

Matrix1,

Congrats and thank you very much for share detail info. Good luck down the road.

folks,
We don't have to argue. Everybody is just guessing, trying to rationalize PBEC's behavior and any clue. Of course it would be fruitless if PBEC doesn't follow any rule, which I doubt. I do think it has incentive to follow some rules to respond to future audit, etc.

Anyway, bottom line is please share as much info as possible, so sufferer can make a best guess.


matrix1 said:
I just heard from my lawyer's office that my LC was finally approved. My case info:

RIR CA
PD 09-15-2002
RD 09-2002
45days letter received March. 2005
MS+0 yr experience required.
I have MS+2 yrs.

This is a great forum. Thank all of you here for the support. PBEC is finally working now. Everybody will get his/hers soon. Patience will pay off. Good Luck to everybody.
 
ladude,

I was only suspecting that the spread between the qualification and requirement matters.

for example, a person with BS+2 year applied with a posisiotn requires BS only is put on fast track, while a person with MS+10 year applied with a possition requires MS+10 could be slow track..


Since you have many people in your office got aproved, would you find out if they are just qualified or over-qualified? And how about those still waiting?

thanks,


ladude10 said:
I don’t agree many people in my office got approved doesn’t have MS degree, experience and field wise also I could not figure out the pattern (For e.g. Principal Engineer with around 10 years of experience is waiting, and some developers with less experience got their labor approved)

Ladude
PD July2002
45-day letter replied on December 2004
CA-EB3
 
fogman1 said:
ladude,

I was only suspecting that the spread between the qualification and requirement matters.

for example, a person with BS+2 year applied with a posisiotn requires BS only is put on fast track, while a person with MS+10 year applied with a possition requires MS+10 could be slow track..


Since you have many people in your office got aproved, would you find out if they are just qualified or over-qualified? And how about those still waiting?

thanks,

I don’t want to get into more details but based on my observation (and approvals which I know) I don’t think there is any relationship between MS or experience with approved labor cases.
One statement I can make is though (from this forum) “EB2 approval rate is better than EB3”. But again there are so many EB2 are still waiting..

Just my 2 cents...

Ladude
PD July2002
45-day letter replied on December 2004
CA-EB3
Status RIR
 
ladude10 said:
I don’t agree many people in my office got approved doesn’t have MS degree, experience and field wise also I could not figure out the pattern (For e.g. Principal Engineer with around 10 years of experience is waiting, and some developers with less experience got their labor approved)

Ladude
PD July2002
45-day letter replied on December 2004
CA-EB3

ladude,
Are those who got approved EB2 with no MS requirement?
 
rollingstone said:
ladude,
Are those who got approved EB2 with no MS requirement?

EB2 example I gave is from this forum not from my office. I don't know the details.

At least three cases I know very closely from my office none of them have MS but one is EB2 (BS + 10 years experience) other two EB3 (BS + 7 years experience).


Ladude10
PD July2002
45-day letter replied in December 2004
CA-EB3
Status RIR
 
ladude10 said:
EB2 example I gave is from this forum not from my office. I don't know the details.

At least three cases I know very closely from my office none of them have MS but one is EB2 (BS + 10 years experience) other two EB3 (BS + 7 years experience).


Ladude10
PD July2002
45-day letter replied in December 2004
CA-EB3
Status RIR
Ladude10,

Are you trying to say that 3 people from your office got approvals, one with EB2 and another with EB3? Was there PD close to yours? Are they members of this forum?

If not, then there is definitely some link between being silent/ not being member and approvals, versus not being silent and not getting approvals. Man, this forum is so scary!!!

Are we so superstitious?

Can anyone compose a quick spreadsheet to see the trend of PBEC approval, at least just for CA? It seems majority of the CA cases that were approved in last 1.5 month are EB2.

Once again Good Luck to all of us!!
 
BS or MS Degree and Equivalence and NSC Position

This has been a challenging issue for the NSC. Since all the I-140 petitions are filed with the NSC and at least the half of the cases will be adjudicated by the NSC, it is important to learn the NSC's positions on the following issues. According to the NSC Director, the following are the current positions of NSC:
Bachelor or Master degree must meet two requirement: One is the number of years in schools. Second is the specialty courses.

From these standards, the NSC appears to take the following positions:

12 years in elementary and high school + 3 year Bachelor of Science degree in India + 2 years of Post Graduate Diploma or Master degree = Not Equivalent to a Master's degree for the reason that generally 18 years in school is required for a master's degree. Since one of post graduate program is taken out for Bachelor's degree equivalency, it may not necessarily prove a master's degree, according to the NSC. Such background may likely be used to prove a bachelor's degree equivalency.
12 years in elementary and high school + 3 year Bachelor of Science degree in India + 3 years of Post Graduate Diploma or Master degree= Master degree equivalent.
13 years in elementary and high school in European countries + 3 year Bachelor of Science degree= Maybe equivalent to a Bachelors degree in the U.S.
Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.

NSC also confirms the following policies:

Alternative requirement of "MS + 1 year Experience or BS + 3 or 4 year Experience" in the Labor Certification = Not qualified for EB-2

Stand-alone BS + 5 years of progressive experience without the alternative requirement of MS in the Labor Certification = Qualified for EB-2.

ladude10 said:
EB2 example I gave is from this forum not from my office. I don't know the details.

At least three cases I know very closely from my office none of them have MS but one is EB2 (BS + 10 years experience) other two EB3 (BS + 7 years experience).
 
Another CA approvale reported- Details not known

10th May 2006, 02:27 PM
nmb
Registered User Join Date: Mar 2003
Posts: 3

My friend's LC was approved. These are the info I got.

RIR CA EB3
PD 09-12-2002
Approval date: April 25,2006
Approval letter received May 05,2006

I was not able to get her P-case no.
 
whereismy_gc said:
Ladude10,

Are you trying to say that 3 people from your office got approvals, one with EB2 and another with EB3? Was there PD close to yours? Are they members of this forum?

If not, then there is definitely some link between being silent/ not being member and approvals, versus not being silent and not getting approvals. Man, this forum is so scary!!!

Are we so superstitious?

Can anyone compose a quick spreadsheet to see the trend of PBEC approval, at least just for CA? It seems majority of the CA cases that were approved in last 1.5 month are EB2.

Once again Good Luck to all of us!!

OK, here goes... All approvals from CA in past 30 days:
HTML:
      username      | eb  | approval_date 
--------------------+-----+---------------
 CA_0802_RIR_EB2    | EB2 | 2006-04-21
 dzh1234            | EB2 | 2006-05-02
 Chipman            | EB2 | 2006-04-27
 NewAflatoon        | EB2 | 2006-05-04
 balurams           | EB2 | 2006-05-09
 sg101              | EB2 | 2006-05-09
 matrix1            | EB2 | 2006-05-10
 lost4ever-coworker | EB3 | 2006-04-25
 pleaseGOD          | EB3 | 2006-04-21
 imcdude            | EB3 | 2006-04-24
 sck3               | EB3 | 2006-04-21
 GotGC??-friend     | EB3 | 2006-04-21
 mavric             | EB3 | 2006-04-15
 gcclassy           | EB3 | 2006-04-21
 nanba              | EB3 | 2006-04-28
 lillyyu            |  ? | 2006-05-02
 GCcomesoon         | ?   | 2006-04-22
 bigbang2001-friend |  ?  | 2006-05-03
 
Concurrent I-140/485 filing in jeopardy?

Here is an update on the concurrent I-140/485 filing at www.immigration-law.com:

1. The USCIS has been delaying the implementation of the premium processing services for I-140 immigrant petition proceedings. According to the AILA-Nebraska Service Center liaison report of April 19, 2006, the USCIS may announce the PPS program in May 2006. The NSC Director also confirmed that once the USCIS started implementing PPS for I-140 petition, it would accompany the following two critical changes:
1.1 Termination of I-140/I-485 Concurrent Filing
1.2 Shut-Out of NIW from PPS.

2. Once the concurrent filing is terminated, it will cause a number of problems for EB-immigrants:
2.1 Those whose legal status would expire unless they were allowed to file I-140 and I-485 concurrently will fall out of status unless they are eligible for 245(k) benefit. PPS does not guarantee the decision in 15 days when the USCIS issues RFE. The 15-day requirement runs again only after they receive the response to the RFE. Sometims, RFE response can take months. Since unlawful presence or out-of-status clock will keep ticking during the period of I-140 petition adjudication, some people may lose the opportunity for filing I-485 forever.
2.2 EAD and Advance Parole applications are available only when they file I-485 application as they are ancillary proceedings to the I-485 applications. The termination of concurrent filing procedure will take away this privilege under the current concurrent filing system.

3. Affect of Termination of Concurrent Filing and Unavailability of I-140 Premium Processing Services for NIW will be devastating. It practically takes away the current privilege of stopping out-of-status clock by concurrently filing I-485 as well as the privilege of applying EAD and Advance Parole. Worse yet, since the Premium Processing will not be available for the NIW I-140 petitions, it can take forever, particularly when RFE is involved. Please stay tuned.
 
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Non RIR

Hey guys....
I dont want to be one to whine but is it fair that RIR cases are getting approved but we haven;t even heard of Recruitment instructions for Regular cases,
I agree that RIR will be approved faster but review of files with same PD for RIR and Regular should be started at the same time,
in case of Regular they should send out Recruitment instructions
and for RIR they should anylze the recruitment and adjucate

I wish PBEC would do something logically my worry is they will not even touch the Regular cases till all the RIR's are done to show statistical improvement in effeiciency....

Anyways atleast some of us are lucky to get the first step done....
 
NEW JERSEY Approval Thread

What is going on with NJ cases?

Mine is -
EB2-NJ
PD - 15oct'2002
-----
45 day replied in Dec'2005
Now wait!
 
Veluru,
I did not know my lawyer had received the 45 day letter until March 06, almost a year later, I am not sure it means I'll get my LC anytime soon either. We still need to see many more early 2004 aprovals before I get my hopes up.
I am currently waiting on my second 3 year H1 extension, hopefuly I will get it next week.
Good luck,
Kiko99
 
sachv_ said:
Hey guys....
I dont want to be one to whine but is it fair that RIR cases are getting approved but we haven;t even heard of Recruitment instructions for Regular cases,
I agree that RIR will be approved faster but review of files with same PD for RIR and Regular should be started at the same time,
in case of Regular they should send out Recruitment instructions
and for RIR they should anylze the recruitment and adjucate

I wish PBEC would do something logically my worry is they will not even touch the Regular cases till all the RIR's are done to show statistical improvement in effeiciency....

Anyways atleast some of us are lucky to get the first step done....
I'm sailing in the same boat.......lucky u.....atleast u got 45 days letter.....but i am here with my empty hands. My PD is 24 dec.2003/Non-rir/ca
I requested for screen shot for so many times ...yesterday i got screen shot BUT they sent somebody else screen shot but name was same as mine.
i got the same screen shot near abt 2mths back and i sent a mail to BEC regarding this but they didn't get back to me.
 
Kiko99 said:
Veluru,
I did not know my lawyer had received the 45 day letter until March 06, almost a year later, I am not sure it means I'll get my LC anytime soon either. We still need to see many more early 2004 aprovals before I get my hopes up.
I am currently waiting on my second 3 year H1 extension, hopefuly I will get it next week.
Good luck,
Kiko99

You have PD of Nov 2004 and you are just strating second 3 year. It is better for you to file PERM and Forget about this PBEC mess. Do it now and you will never regret that decision
 
nyprog-8-27 said:
Can you please share few first numbers of your case- I'm wondering if my 45 DL is comming soon.

hi Nyprog, from your case id, your letter has already been generated, but don't wait too long, because if there's a mishap with the letter, your case could be closed ... have your HR write a letter to PBEC confirming your case is valid, so you won't get it closed wrongfully. It's worth doing.
 
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Perm Question

Hi Guys

I know this may be the wrong forum for this question...but my case as u all know has been closed and while i am trying to re-open it (more updates about that as i get more information) i am aso filing for perm and i had a question about that

I have a MS in electrical engineering and about 6 years of experience in the same firm (and none before that).......now the question is how to justify perm .........i mean what are the requirements for using experience from the same firm which is applying for perm

appreciate n e insights
 
3 year Degree

Hello All,
I know this is not right place to post this,please pardon me.

I have Indian 3yr degree + 1 year PGDCA(Post graduate Diploma in Computer Applications).I have 5+ experience before the current employer who had applied for Labor.My state labor is cleared and Federal is stuck in Philadelphia BEC.

I heard that 3 years Degree + 1 yr PGDCA is equivalent of Bachelors Degree.
Will I have any problems in I-140 & I-485 stage.
 
Hey GC_Craving

gc_craving said:
I'm sailing in the same boat.......lucky u.....atleast u got 45 days letter.....but i am here with my empty hands. My PD is 24 dec.2003/Non-rir/ca
I requested for screen shot for so many times ...yesterday i got screen shot BUT they sent somebody else screen shot but name was same as mine.
i got the same screen shot near abt 2mths back and i sent a mail to BEC regarding this but they didn't get back to me.


don't worry about The 45 day letter , our cases will be processed around the same time... they might have entered your info but not sent it out
 
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