Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
GC_from_NJ
Registered Users (C)
MD1202 - Good luck for the future stages.
Looks like the PBEC queue has started the Dec 2002 cases... Obviously there are quite a few folks still waiting from 2001/2002. Hope everybody gets their approval soon.
Looks like the PBEC queue has started the Dec 2002 cases... Obviously there are quite a few folks still waiting from 2001/2002. Hope everybody gets their approval soon.
MD1202 said:
so_depressed
Registered Users (C)
Don't know what the heck is wrong with the damn BEC, my PD is April 2002 and no 45 day letter yet
zzzf said:
csrini1 said:
You can hire your own attorney for H1b and GC as long as the company paid for the necessary fee such as sponsoship check for scholarship and fraud protection to USCIS (because it has to be from company check ) and the company prepare all the paperwork and follow all the HIB & GC the requirement (wage, ads etc.)
But all of this will be change and can be illegal when below proposal became law. Please look below news from immigration-law site:
02/12/2006: Prohibition of Employer From Receiving Any Payment of Any Kind From Any Source Under Proposed Regulation
The proposed regulation to eliminate the substitution of labor certification beneficiary goes beyond eliminination of substitution and 45-day validity cap of the certified labor certification applications. The regulation bars employers from seeking or receiving any payment in any kind or any form from any source including the alien beneficiaries. The preamble illustrates the following, among others, which fall under these prohibitions:
o Employer fees for hiring the alien beneficiary;
o Receing "kickbacks" of part of the alien beneficiary's pay either in the form of payroll deduction or otherwise;
o Paying the alien beneficiary less than amounted stated on the application;
o Goods and services or other wage or employment concessions;
o Receiving payment for filing labor certification from aliens or attorneys or agents;
o Payment of attorney fees and costs by the aliens relating to preparing, filing, and obtaining labor certification application.
o Any other payment from any other source.
The regulation does not specify the effective date for this rule, but it provides that this prohibition includes ETA 750 cases and ETA 9089 cases and any other actions in connection with the permanent labor certification process. It thus implies that this prohibition will apply retroactively to all the pending backlog cases (ETA 750) and all the PERM cases (ETA 9089).
GC_from_NJ
Registered Users (C)
You might hear something by this month (ideally)... so keep you fingers crossed !!
san27geet said:
RIRLabor2002
Registered Users (C)
Great News for Closed cases - Labor Certifications Closed in Error : DOL Responds
http://www.murthy.com/news/n_cloerr.html
Labor Certifications Closed in Error : DOL Responds
The U.S. Department of Labor (DOL) issued a letter on
June 1, 2006 regarding backlog processing center (BPC)
labor certifications (LCs) that were closed in error.
The letter is in response to a final demand for
action, under threat of a lawsuit, from the American
Immigration Law Foundation (AILF). AILF threatened to
file a lawsuit against the DOL unless there was a
policy change.
AILF raised several problems that need to be corrected
by the DOL. Among these is the fact that the BPC has
closed LCs for failure to respond to the DOL's 45-day
letter when the employers and/or attorneys in these
cases never received the 45-day letter. Another
problem cited by AILF is in cases where the BPC issued
the 45-day letters and the employers filed their
responses timely, but the DOL incorrectly closed the
cases stating that there was a failure to respond.
This was caused by various mail and data processing
backlogs that prevented the responses from being
entered into the system in a timely fashion. The
result was that the cases were denied for failure to
respond, notwithstanding their proper responses. The
DOL letter addresses the first scenario, in which
45-day letters were not received, but does not address
the latter situation.
DOL RESPONSE
45-day Letters to Continue
The DOL response first confirms its position that the
45-day letter has been a valuable tool in ascertaining
whether employers are still interested in pursuing
their labor certification cases. Based upon what the
DOL considers to be success with the 45-day letters in
reducing the backlog, they intend to continue
utilizing the system.
Recognition of Problem
The DOL acknowledges that, in the course of handling
tens of thousands of letters, there have been
situations in which the 45-day letters were not
received by the attorney or company, through no fault
of that attorney or company. The DOL admits that the
closing of these cases "may not" have been warranted.
Solution and Procedure
In those cases where a 45-day letter is not received,
the LC case can be reopened if the DOL is notified
within 30 days of receipt of the case-closure letter.
The notification must state that the 45-day letter was
not received and that the employer wishes to continue
processing.
Other Situations
The DOL simply states that other requests for
reopening will be addressed on a case-by-case basis.
They indicate that they will communicate with AILF
regarding other circumstances that might justify case
reopening.
CONCLUSION
The Murthy Law Firm has long supported AILF and its
mission. Attorney Murthy currently serves on AILF's
Board of Trustees. We appreciate the efforts of that
nonprofit organization in this matter, resulting in a
partial resolution of the incorrect closure of LC
cases. The DOL response is a good start toward fixing
one problem with the BPCs that has been faced by many
employers and employees. It has been extremely
difficult for individuals and employers to wait
several years for a decision, only to have the case
closed improperly. We note that the DOL deadline of 30
days to respond to the closure letter is rather short,
and, in all fairness, that it should have been at
least the same 45-day period permitted to respond to a
continuation letter. There needs to be an efficient
way for the DOL to reopen cases that have been pending
for years in many instances, which were closed due to
DOL's own error. We hope that the DOL will continue to
consider a simple, straightforward resolution for
cases that were closed despite the employers' having
responded properly.
http://www.murthy.com/news/n_cloerr.html
Labor Certifications Closed in Error : DOL Responds
The U.S. Department of Labor (DOL) issued a letter on
June 1, 2006 regarding backlog processing center (BPC)
labor certifications (LCs) that were closed in error.
The letter is in response to a final demand for
action, under threat of a lawsuit, from the American
Immigration Law Foundation (AILF). AILF threatened to
file a lawsuit against the DOL unless there was a
policy change.
AILF raised several problems that need to be corrected
by the DOL. Among these is the fact that the BPC has
closed LCs for failure to respond to the DOL's 45-day
letter when the employers and/or attorneys in these
cases never received the 45-day letter. Another
problem cited by AILF is in cases where the BPC issued
the 45-day letters and the employers filed their
responses timely, but the DOL incorrectly closed the
cases stating that there was a failure to respond.
This was caused by various mail and data processing
backlogs that prevented the responses from being
entered into the system in a timely fashion. The
result was that the cases were denied for failure to
respond, notwithstanding their proper responses. The
DOL letter addresses the first scenario, in which
45-day letters were not received, but does not address
the latter situation.
DOL RESPONSE
45-day Letters to Continue
The DOL response first confirms its position that the
45-day letter has been a valuable tool in ascertaining
whether employers are still interested in pursuing
their labor certification cases. Based upon what the
DOL considers to be success with the 45-day letters in
reducing the backlog, they intend to continue
utilizing the system.
Recognition of Problem
The DOL acknowledges that, in the course of handling
tens of thousands of letters, there have been
situations in which the 45-day letters were not
received by the attorney or company, through no fault
of that attorney or company. The DOL admits that the
closing of these cases "may not" have been warranted.
Solution and Procedure
In those cases where a 45-day letter is not received,
the LC case can be reopened if the DOL is notified
within 30 days of receipt of the case-closure letter.
The notification must state that the 45-day letter was
not received and that the employer wishes to continue
processing.
Other Situations
The DOL simply states that other requests for
reopening will be addressed on a case-by-case basis.
They indicate that they will communicate with AILF
regarding other circumstances that might justify case
reopening.
CONCLUSION
The Murthy Law Firm has long supported AILF and its
mission. Attorney Murthy currently serves on AILF's
Board of Trustees. We appreciate the efforts of that
nonprofit organization in this matter, resulting in a
partial resolution of the incorrect closure of LC
cases. The DOL response is a good start toward fixing
one problem with the BPCs that has been faced by many
employers and employees. It has been extremely
difficult for individuals and employers to wait
several years for a decision, only to have the case
closed improperly. We note that the DOL deadline of 30
days to respond to the closure letter is rather short,
and, in all fairness, that it should have been at
least the same 45-day period permitted to respond to a
continuation letter. There needs to be an efficient
way for the DOL to reopen cases that have been pending
for years in many instances, which were closed due to
DOL's own error. We hope that the DOL will continue to
consider a simple, straightforward resolution for
cases that were closed despite the employers' having
responded properly.
Saknia & Experts....need guidance
Hi Guys .....
If my labor is approved and have applied for I140/I485 and my work location is moved to a different state.. Do I need to need to start the process from scratch (labor and I140/485) or it doesn't affect my current application once i have labor approved and I140/485 is filed.
Current Details :
NY
RIR
PD : 04/01/02
45DL replied Oct'05
Labor : waiting approval ....
Thanks,
PRinUS
Hi Guys .....
If my labor is approved and have applied for I140/I485 and my work location is moved to a different state.. Do I need to need to start the process from scratch (labor and I140/485) or it doesn't affect my current application once i have labor approved and I140/485 is filed.
Current Details :
NY
RIR
PD : 04/01/02
45DL replied Oct'05
Labor : waiting approval ....
Thanks,
PRinUS
45 Day Letter Idea is BS
I have learned that the lawyer has received my 45D letter last week of May and replied in first week of June.
I know many people around me where the employee does not work for the company any more (and does not intend to come back either), the employee has obtained the green card through other means (PERM, through spouse etc.). But in all of these cases, the company always says Yes, Continue to the 45D letter. Because there is no incentive to say No. The 45D letter idea was a stupid stupid stupid idea. It would have been useful if they have eliminated labor substitution and asked for $500 to continue processing.
Also, why don't they have premium processing? Even with no guarantees like they have for H1-B. Many people I know are willing to pay enormous amounts of money to get the LC cleared sooner (I am one of them). I am ready to pay $5000 for my case to have it processed sooner. This makes sense for some people because they have spouses who can not work, they have aging out children etc. This is not injustice to the people with earlier PD either because there is already no FIFO and with additional resources, having the people work over time etc., everybody's cases would be approved sooner.
PS: I can not go through the PERM route for various reasons. I am on my sixth year so I can not risk denial trying to carry the PD. For new PERM, it has to be a different job which I do not have. And even if I did, I am told that it takes at least 3 months (possibly 4) before you can apply for PERM. And EB-2 will possibly be retrogressed by then.
I have learned that the lawyer has received my 45D letter last week of May and replied in first week of June.
I know many people around me where the employee does not work for the company any more (and does not intend to come back either), the employee has obtained the green card through other means (PERM, through spouse etc.). But in all of these cases, the company always says Yes, Continue to the 45D letter. Because there is no incentive to say No. The 45D letter idea was a stupid stupid stupid idea. It would have been useful if they have eliminated labor substitution and asked for $500 to continue processing.
Also, why don't they have premium processing? Even with no guarantees like they have for H1-B. Many people I know are willing to pay enormous amounts of money to get the LC cleared sooner (I am one of them). I am ready to pay $5000 for my case to have it processed sooner. This makes sense for some people because they have spouses who can not work, they have aging out children etc. This is not injustice to the people with earlier PD either because there is already no FIFO and with additional resources, having the people work over time etc., everybody's cases would be approved sooner.
PS: I can not go through the PERM route for various reasons. I am on my sixth year so I can not risk denial trying to carry the PD. For new PERM, it has to be a different job which I do not have. And even if I did, I am told that it takes at least 3 months (possibly 4) before you can apply for PERM. And EB-2 will possibly be retrogressed by then.
Contact DC for update on LC
I called up 202-693-3010 and asked if i could know the status of my pending LC.I was transferred to a official who helped me in finding my status of the case,you need a case number.I was told that an analyst is reviewing my case and will forward the decision to a certification officer.But did not give me an ETA.
NJINN
45 Day - Jan 06
Aug 2002 - PD
I called up 202-693-3010 and asked if i could know the status of my pending LC.I was transferred to a official who helped me in finding my status of the case,you need a case number.I was told that an analyst is reviewing my case and will forward the decision to a certification officer.But did not give me an ETA.
NJINN
45 Day - Jan 06
Aug 2002 - PD