Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
Anand_Mishra
Registered Users (C)
From where you get this info that they don't send 45 days anymore?
msubbu said:
gp111 said:
Do you think all the approvals we heard today are from CA state? If yes, then how come they approve Apr-02 cases, where as all the cases from May-02 are forwarded to BEC and prior to that processing at SFO DOL itself.
Please correct if I am missing something.
By the way, this is my first posting, here are my case details.
PD May-02
RD May-03
Recd 45 days letter from PA BRC in DEC-04.
Thanks
F_Gandhi
F_Gandhi said:
You are getting confuced between two dates.. CA DOL has moved all the Cases with RD (received Date) May-01-2003 & beyond to BEC. While BEC is processing in queue by PD (priority date). The case got approved had PD of APR-02 & RD of MAY-03... In California difference between PD & RD is 10 to 14 months (SWA processing Time).
GCSyndrome
Registered Users (C)
gp111 said:
gp111:
I too find it odd to see approvals coming only from Dallas. If the workload is balanced and both BECs are following the same processing procedure then one cannot help thinking that Dallas BEC is, for some reasons, is moving in a faster pace than Philly.
my case details:
CA RIR
PD June 2002
RD May 2003
Transfered to Philly BEC
45 days letter rcvd last March
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GCSyndrome said:
PA BEC Approvas will be heard soon. Both BECs are working on Entering as well processing, Only difference is Dallas has already started mailing out the LCs while PA has not. Also, most of the EARLY REGIONAL BACKLOGGED cases went to Dallas. Once CA Regional Cases will start both BECs will be in SYNC.
Processing of SWA cases takes little more time then Regional so There will be delay between SWA & Regional cases.
GCSyndrome
Registered Users (C)
gp111 said:
GOD bless you man
Philly messed up sending the 45 day letters for old cases even though they entered them in first place.
as an example my case was entered into the database in sepember 04 but received 45day latter in feb 05 (a 2001 case).
GP, it is also true that philly now has NJ, NY, MD SWA cases which can block later dates, 2002 and 2003.
as an example my case was entered into the database in sepember 04 but received 45day latter in feb 05 (a 2001 case).
GP, it is also true that philly now has NJ, NY, MD SWA cases which can block later dates, 2002 and 2003.
One more Hurdle in Our Path !
It keeps on coming, isn't it ?
RETROGRESSION OF THE EMPLOYMENT-BASED THIRD PREFERENCE “OTHER WORKER” CATEGORY FOR JUNE
As mentioned in the Visa Bulletin announcing the May cut-off dates, demand for visa numbers in the Employment Other Worker category has remained extremely high despite the imposition of a cut-off date. As a result, it has been necessary to retrogress the June cut-off date in an attempt to hold number use within the annual limit. It is likely that the limit will be reached sometime during June, and the category would immediately become “unavailable”.
VISA AVAILABILITY DURING THE REMAINDER OF FY-2005
Employment-based: During the past month there has been a significant increase in the amount of numbers being used by Citizenship and Immigration Service (CIS) offices for adjustment of status applicants. This level of demand has significantly depleted the supply of Employment-based numbers available under the annual limit. Recent discussions with CIS have made it clear that their backlog reduction efforts will sustain or increase the current level of demand. Therefore, continued visa availability in the Employment-based categories cannot be guaranteed during the final quarter of FY-2005. If demand continues at the current rate, it will be necessary to oversubscribe many or all of the Employment categories on a Worldwide basis. Such oversubscription could result in the establishment of cut-off dates, retrogression of already established dates, or some categories becoming “unavailable”.
Latest Visa Buletine
http://travel.state.gov/visa/frvi/bulletin/bulletin_2507.html
It keeps on coming, isn't it ?
RETROGRESSION OF THE EMPLOYMENT-BASED THIRD PREFERENCE “OTHER WORKER” CATEGORY FOR JUNE
As mentioned in the Visa Bulletin announcing the May cut-off dates, demand for visa numbers in the Employment Other Worker category has remained extremely high despite the imposition of a cut-off date. As a result, it has been necessary to retrogress the June cut-off date in an attempt to hold number use within the annual limit. It is likely that the limit will be reached sometime during June, and the category would immediately become “unavailable”.
VISA AVAILABILITY DURING THE REMAINDER OF FY-2005
Employment-based: During the past month there has been a significant increase in the amount of numbers being used by Citizenship and Immigration Service (CIS) offices for adjustment of status applicants. This level of demand has significantly depleted the supply of Employment-based numbers available under the annual limit. Recent discussions with CIS have made it clear that their backlog reduction efforts will sustain or increase the current level of demand. Therefore, continued visa availability in the Employment-based categories cannot be guaranteed during the final quarter of FY-2005. If demand continues at the current rate, it will be necessary to oversubscribe many or all of the Employment categories on a Worldwide basis. Such oversubscription could result in the establishment of cut-off dates, retrogression of already established dates, or some categories becoming “unavailable”.
Latest Visa Buletine
http://travel.state.gov/visa/frvi/bulletin/bulletin_2507.html
gp111 said:
Due to issues with my case, I had the opportunity to speak briefly with somebody from BEC Philladelphia. They are already studying our files, and it seems still under some kind of training at certain hours.
As GP111, I hope we will start reading about LC approvals in the next days.
Grim Outlook of Visa Numbers and Importance of Management of Nonimmigrant Status and
The State Department's prediction of visa numbers is indeed grim in that China and India numbers can be more negatively affected and the disease named "retrogression" is expected to spread to other nationalities throughout the world. Retrogression of visa numbers will certainly help the Bush administration to achieve a reduction of EB-485 applications as promised as the USCIS' workload for EB-485 may be reduced due to moving of some of EB-485 applications in the pipeline into a dormant stage and reduced number of new EB-485 cases coming into the pipeline as affected by the visa numbers.
All in all, this is a good news for those EB-immigrants who started the labor certification journey with an earlier priority date, but a bad news for those who either started recently or will have to start in the future the labor certification journey. For the first group, they will still have to deal with the backlog problem in the DOL Backlog Reduction Program, but it is anticipated that once the Backlog Processing Centers pass the phase of data entry and move to the processing and adjudication of applications, the cases may be able to move along in a fairly good pace. Additionally, once they move out of the labor certification pipeline, their waiting time for I-140 and I-485 will be fairly short as the I-485 processing time is expected to be reduced to close to six month by the end of new year and a large number of the people in this group may not have a serious priority date problem. For this group, retaining and preserving the priority date will be "extremely" important. For some of these people, waivering or refiling of labor certification under the PERM program may turn out to be a suicide because of the potential loss of the priority date. As the visa number retrogression turns worse, it is thus anticipated that refiling of the labor ceritfication application by those in the Backlog Processing Centers may be drastically reduced unless the DOL changes the PERM regulation. The recent devastating news of massive denials of PERM applications suggest the extremely high risk of refiling of Backlog cases! There is no official statistics released by the DOL, but the available information indicates that there is no single known cases of approval of the PERM applications thus far. There are widespread reports of massive denials of the PERM applications in a matter of a few hours of filing. The PERM is of no help at all for those in the Backlog group. Patience should be a gold for the people in this group of the earliest start of the journey. The terrible pains which they have gone through will soon be paid off inasmuch as they do not misstep in the journey. Just don't waiver!
The new visa number prediction and outlook hit hard those who will have to start the journey hereon. The accelerated reduction of immigration visa and I-485 processing times will aggravate the visa number problem further and further and ongoing trend of reduced processing times for labor certification under the PERM and USCIS I-485 applications will mean nothing to them. The PERM application will eventually work as planned by the DOL, but the approval of the applications from 45 days to 60 days will lead them nowhere as they will not be able to file the green card application for a long period of time because of the visa number problem. During the period of their wait, they will not be able to obtain EAD. Neither can they change employment as AC 21 180-day rule will not be available. It is thus extremely important for the people in this group to learn to plan and manage their nonimmigrant status carefully for a prolonged period of time at least until they reach the date of their visa number availability. For those in H-1B, extension of H-1B beyond six years may face no problem. Change of employment may turn out to be deadly as they may lose everything, including the priority date. In this long journey, preserving and retaining priority date will remain the prime most important guiding light for their course of action. As for the priority date, here are a few things they should remember: (1) Priority date is the date when the labor certification application is "receipted" by the DOL in the labor certification-based cases and the date when I-140 petition is "receipted" by the USCIS in the labor certification waiver cases such as Schedule A, National Interest Waiver, and EB-1 categories of Extraordinary worker, Outstanding Researcher, and Multinational Corporate Executive/Manager petitions, plus EB-4 and EB-5 such as Special Immigrant Petitions for religious workers and other special immigrants and Investor Immigrants. When the filing is rejected by the DOL or USCIS, no priority date is attached to the filing. The deadly flaws include missing signatures on the forms and filing fees, if any. (2) Once attached, the priority date remains in tact inasmuch as the application is not withdrawn or revoked or denied, and I-140 petition is filed and approved. From hereon, the alien beneficiary carries his/her priority date on his/her back, even if there is a change of employment, so long as the I-140 is not withdrawn or revoked. For instance, if a new employer files a new labor certification application which is approved, the I-140 petition by the new employer will be approved with an old priority date inasmuch as the employer submits the evidence of earlier labor certification and I-140 approval by the former employer.Even if the employer withdraws or revokes the I-140 petition, his/her priority date will not be lost if the employer withdraws or revokes the I-140 petition after 180 days of filing of EB-485 application under AC 21 Act. Once the priority date is attached, it can be transferred between different categories of EB petitions of EB-1, EB-2, and EB-3. In the substitution of alien beneficiary of the approved labor certification, the substituting new employee will take over the initial priority date which was established by initial filing of the labor certification application on behalf of the former substituted alien beneficiary. For instance, if the employer filed a labor certification application on behalf of X on January 1, 2001, which has been approved, but the alien beneficiary left the job or was terminated from the employment. The employer then hires another employee who has the qualifications required for the approved application on or before January 1, 2001 and substitutes the alien beneficiary for the approved labor certification on May 14, 2005. The priority date for the new employee will be not May 14, 2005 but January 1, 2001.
People should also keep in mind the law of cross chargeability if the spouses were born in two different countries. Welcome aboard the rocky sailboat of the agonizing long journey of the lawyers!
source: immigration-law.com
The State Department's prediction of visa numbers is indeed grim in that China and India numbers can be more negatively affected and the disease named "retrogression" is expected to spread to other nationalities throughout the world. Retrogression of visa numbers will certainly help the Bush administration to achieve a reduction of EB-485 applications as promised as the USCIS' workload for EB-485 may be reduced due to moving of some of EB-485 applications in the pipeline into a dormant stage and reduced number of new EB-485 cases coming into the pipeline as affected by the visa numbers. All in all, this is a good news for those EB-immigrants who started the labor certification journey with an earlier priority date, but a bad news for those who either started recently or will have to start in the future the labor certification journey. For the first group, they will still have to deal with the backlog problem in the DOL Backlog Reduction Program, but it is anticipated that once the Backlog Processing Centers pass the phase of data entry and move to the processing and adjudication of applications, the cases may be able to move along in a fairly good pace. Additionally, once they move out of the labor certification pipeline, their waiting time for I-140 and I-485 will be fairly short as the I-485 processing time is expected to be reduced to close to six month by the end of new year and a large number of the people in this group may not have a serious priority date problem. For this group, retaining and preserving the priority date will be "extremely" important. For some of these people, waivering or refiling of labor certification under the PERM program may turn out to be a suicide because of the potential loss of the priority date. As the visa number retrogression turns worse, it is thus anticipated that refiling of the labor ceritfication application by those in the Backlog Processing Centers may be drastically reduced unless the DOL changes the PERM regulation. The recent devastating news of massive denials of PERM applications suggest the extremely high risk of refiling of Backlog cases! There is no official statistics released by the DOL, but the available information indicates that there is no single known cases of approval of the PERM applications thus far. There are widespread reports of massive denials of the PERM applications in a matter of a few hours of filing. The PERM is of no help at all for those in the Backlog group. Patience should be a gold for the people in this group of the earliest start of the journey. The terrible pains which they have gone through will soon be paid off inasmuch as they do not misstep in the journey. Just don't waiver! The new visa number prediction and outlook hit hard those who will have to start the journey hereon. The accelerated reduction of immigration visa and I-485 processing times will aggravate the visa number problem further and further and ongoing trend of reduced processing times for labor certification under the PERM and USCIS I-485 applications will mean nothing to them. The PERM application will eventually work as planned by the DOL, but the approval of the applications from 45 days to 60 days will lead them nowhere as they will not be able to file the green card application for a long period of time because of the visa number problem. During the period of their wait, they will not be able to obtain EAD. Neither can they change employment as AC 21 180-day rule will not be available. It is thus extremely important for the people in this group to learn to plan and manage their nonimmigrant status carefully for a prolonged period of time at least until they reach the date of their visa number availability. For those in H-1B, extension of H-1B beyond six years may face no problem. Change of employment may turn out to be deadly as they may lose everything, including the priority date. In this long journey, preserving and retaining priority date will remain the prime most important guiding light for their course of action. As for the priority date, here are a few things they should remember: (1) Priority date is the date when the labor certification application is "receipted" by the DOL in the labor certification-based cases and the date when I-140 petition is "receipted" by the USCIS in the labor certification waiver cases such as Schedule A, National Interest Waiver, and EB-1 categories of Extraordinary worker, Outstanding Researcher, and Multinational Corporate Executive/Manager petitions, plus EB-4 and EB-5 such as Special Immigrant Petitions for religious workers and other special immigrants and Investor Immigrants. When the filing is rejected by the DOL or USCIS, no priority date is attached to the filing. The deadly flaws include missing signatures on the forms and filing fees, if any. (2) Once attached, the priority date remains in tact inasmuch as the application is not withdrawn or revoked or denied, and I-140 petition is filed and approved. From hereon, the alien beneficiary carries his/her priority date on his/her back, even if there is a change of employment, so long as the I-140 is not withdrawn or revoked. For instance, if a new employer files a new labor certification application which is approved, the I-140 petition by the new employer will be approved with an old priority date inasmuch as the employer submits the evidence of earlier labor certification and I-140 approval by the former employer.Even if the employer withdraws or revokes the I-140 petition, his/her priority date will not be lost if the employer withdraws or revokes the I-140 petition after 180 days of filing of EB-485 application under AC 21 Act. Once the priority date is attached, it can be transferred between different categories of EB petitions of EB-1, EB-2, and EB-3. In the substitution of alien beneficiary of the approved labor certification, the substituting new employee will take over the initial priority date which was established by initial filing of the labor certification application on behalf of the former substituted alien beneficiary. For instance, if the employer filed a labor certification application on behalf of X on January 1, 2001, which has been approved, but the alien beneficiary left the job or was terminated from the employment. The employer then hires another employee who has the qualifications required for the approved application on or before January 1, 2001 and substitutes the alien beneficiary for the approved labor certification on May 14, 2005. The priority date for the new employee will be not May 14, 2005 but January 1, 2001. People should also keep in mind the law of cross chargeability if the spouses were born in two different countries. Welcome aboard the rocky sailboat of the agonizing long journey of the lawyers!source: immigration-law.com
luckylucky
Registered Users (C)
Or they don't have intelligent mind or any mind at all.Garfield said:every thing related to immigration is done by morons
Dilbert_Cal
Registered Users (C)
gp111 said:
Half of the cases from CA have gone to Philly.
fogman1 said:
This info is from one of the Big Shot Attorney who has contacted P & D BEC for his 300 LC cases pending with both BEC.
Also.. DOL FIFO will be based on PD only. The regional cases will have slight advantage of processing faster. Say If they are working on MAY 01 2002, most Regional Cases will be certifed in few days while SWA cases may take few weeks. This will create some Delay in REGIONAL & SWA cases. DOL is planning to shuffle resources here & there to keep both in SYNC.
Icarus: Pls tell some highlevel status of Philly BEC
Icarus,
I really appreciate your help regarding Dalls BEC and you are the only hope in these painful times. I cannot re-collect anyworst time of my life than this, no direction, no hope, just in darkness.
Can you please tell us some highlevel info about Philly BEC, atleast how much they are lagging.
Thanks
MD2001
Icarus,
I really appreciate your help regarding Dalls BEC and you are the only hope in these painful times. I cannot re-collect anyworst time of my life than this, no direction, no hope, just in darkness.
Can you please tell us some highlevel info about Philly BEC, atleast how much they are lagging.
Thanks
MD2001
antonioa77
Registered Users (C)
sleepless_in_IN said:
i totaly agree with u.as from what we r hearing how the processing is goin now, it seems that dallas BEC is now processing 2002 RIR cases. all those cases r regional bcs BEC didn't send any 45 days letter to SWA cases. so at this procesing pace, the regional cases will be cleared in a short time before even 45 days letters r sent to SWA cases. so i'm pretty sure now that regional cases will be cleared way ahead SWA cases. so all this process is not FIFO, it is simply RANDOM or at least i can say it is approximately FIFO for regional cases only till now.
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