Philadelphia Backlog Elimination Center Tracking

USCIS & DOL 's lucky number is 45

Friends,
Looks like USCIS & DOL 's lucky number is 45. First they started issuing 45 days letter. Now they are proposing a law to file I-140 within 45 days of labor approval date.

SWA NJ PD Dec 02
No 45 day letter No case number No update.
 
Proposed Elimination of Labor Certification Beneficiary Substitution and PERM Regulat

:( As we reported yesterday, the DOL and the USCIS have reached a concensus that it is time to eliminate the rule of substitution of alien beneficiary for the certified labor certification application because of the alleged pervasive fraud selling the approved labor certifications in the blackmarket. The Inspector General of the DOL reported to the Congress not too long ago his findings of such pervasive fraud. Obviously, if this is true, the DOL may have a concern that the current and future visa number backlog will exacerbate the fraudulent activities as the rule of substitution has laid a bridge for the aliens to bypass the visa number backlogs by illegally buying earlier priority dated labor certification applications. The current rule of substitution transfers the original priority date to the substituting alien beneficiary.

:( In parallel with such rule-making efforts, however, the DOL should have also initiated its efforts to revise the PERM regulation to make refiling of applications easier and attractive consistent with the original plan of the labor certification system reengineering. There is currently practical halt of refiling of labor certification application because of the PERM regulation which requires the withdrawal of the labor certification application before the Backlog Processing Centers. Obiviously, this policy was adopted and incorporated in the PERM regulation with an intent to prevent, among other reasons, such frauds involved in the substitution. Actually, for this matter, the DOL may even consider any multiple applications for the same alien beneficiary by the same employer as the potential source for such fraudulent activities inasmuch as the unsued certified labor certification applications are allowed for substitution of the alien beneficiary. However, inasmuch as such substitution rule is removed from their policy and practice, there is no reason why the DOL should keep the current PERM policy and rule that require or even consider withdrawal of pending pre-PERM labor certification application if the employer refiles the PERM application on behalf of the identical alien beneficiary, idential occupations, and identical location. It is thus urged that the DOL also initiates a rule-making process to revise the current PERM regulation and to permit the employers to refile an application under the PERM system without withdrawal of the pending labor certificdation application and without losing the priority date. Indeed, such revised policy will swift a large number of backlog cases from the Backlog Processing Centers to the PERM National Processing Centers, achieving the goal of removal of backlog cases in a short period of time and utilitization the valuable resources in the National Processing Centers more efficiently and effectively. Some questions whether valuable "adjudication" resources are currently being wasted at the National Processing Centers because of practical abandonment of PERM filings by the employers.

source: immigration-law
 
I140 new law?

What is this new 45 day law for I140? Please post more details or post a link to any earlier posting we might've missed.
Thanks!

labor_dec02 said:
Friends,
Looks like USCIS & DOL 's lucky number is 45. First they started issuing 45 days letter. Now they are proposing a law to file I-140 within 45 days of labor approval date.

SWA NJ PD Dec 02
No 45 day letter No case number No update.
Click to expand...
 
sk0902 said:
Let me try to put few thoughts here. These are not positive thoughts and I may be wrong about this, butttt.... all criticisms are welcomed.

Come on, think about the 45 days letter. Why is that needed anyway?
DOL Audit recommended it. Auditor were able to findout cases where LC Approved without valid employer.

Re-entry of all the data manually again, something, that is already exist in some electronic form.
This is stupid.

I am in this country for 5 .5 years. Extremely good place to live, no doubt. I would love to raise my children here. However, once I saw a bumper sticker in a rugged funny looking pickup truck. By looking at the truck you will have a pretty good idea about the character of the owner. The sticker says
"STOP IMMIGRATION .. SAVE WESTERN CIVILIZATION."
Stupid guys are every where. Without immigrant US will be no where.


Too bad, after getting STATE LC in May 2003, I bought a house. Looking for a bright future. Looks like by this time next year, I will have to sell it. I don't see any light at the end of the DOL BEC tunnel.
Hang On.. :)
Click to expand...
 
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REAL ID, Other Immigration Legislation Becomes Law

From jackson-hertogs.com . More info can be Found here

Main points are :
10,500 new employment visas for Australian nationals called E-3 visa
will be renewable indefinitely
accompanying spouses will be eligible for U.S. work authorization

I wonder why they didn't apply the same standards for H1B's

And the REAL ID act which will mean more visits to stand in DMV queues:

Driver's licenses issued to persons who are not U.S. citizens, nationals or permanent residents would be temporary, and their expiration would be tied to the person's authorized period of stay

For persons eligible for a temporary license, but whose stay does not have an expiration date (such as F-1 Students and J-1 Exchange Visitors), the validity period of driver’s licenses and identification cards shall not exceed one year.

We anticipate that these short duration drivers licenses combined with individual State procedures will lead to periods of time when foreign nationals will not be able to secure drivers licenses.

Under the guise of curbing illegal immigration, they are discriminating against ALL immigrants :mad:
 
Proposed Elimination of Labor Certification Beneficiary Substitution and PERM Regulat

posted today on www.immigration-law.com breaking news

05/17/2005: Proposed Elimination of Labor Certification Beneficiary Substitution and PERM Regulation

As we reported yesterday, the DOL and the USCIS have reached a concensus that it is time to eliminate the rule of substitution of alien beneficiary for the certified labor certification application because of the alleged pervasive fraud selling the approved labor certifications in the blackmarket. The Inspector General of the DOL reported to the Congress not too long ago his findings of such pervasive fraud. Obviously, if this is true, the DOL may have a concern that the current and future visa number backlog will exacerbate the fraudulent activities as the rule of substitution has laid a bridge for the aliens to bypass the visa number backlogs by illegally buying earlier priority dated labor certification applications. The current rule of substitution transfers the original priority date to the substituting alien beneficiary.
In parallel with such rule-making efforts, however, the DOL should have also initiated its efforts to revise the PERM regulation to make refiling of applications easier and attractive consistent with the original plan of the labor certification system reengineering. There is currently practical halt of refiling of labor certification application because of the PERM regulation which requires the withdrawal of the labor certification application before the Backlog Processing Centers. Obiviously, this policy was adopted and incorporated in the PERM regulation with an intent to prevent, among other reasons, such frauds involved in the substitution. Actually, for this matter, the DOL may even consider any multiple applications for the same alien beneficiary by the same employer as the potential source for such fraudulent activities inasmuch as the unsued certified labor certification applications are allowed for substitution of the alien beneficiary. However, inasmuch as such substitution rule is removed from their policy and practice, there is no reason why the DOL should keep the current PERM policy and rule that require or even consider withdrawal of pending pre-PERM labor certification application if the employer refiles the PERM application on behalf of the identical alien beneficiary, idential occupations, and identical location. It is thus urged that the DOL also initiates a rule-making process to revise the current PERM regulation and to permit the employers to refile an application under the PERM system without withdrawal of the pending labor certificdation application and without losing the priority date. Indeed, such revised policy will swift a large number of backlog cases from the Backlog Processing Centers to the PERM National Processing Centers, achieving the goal of removal of backlog cases in a short period of time and utilitization the valuable resources in the National Processing Centers more efficiently and effectively. Some questions whether valuable "adjudication" resources are currently being wasted at the National Processing Centers because of practical abandonment of PERM filings by the employers.
 
Still don't get it?

eternity007 said:
From jackson-hertogs.com . More info can be Found here

Main points are :
10,500 new employment visas for Australian nationals called E-3 visa
will be renewable indefinitely
accompanying spouses will be eligible for U.S. work authorization

I wonder why they didn't apply the same standards for H1B's
Because they intentionally make your life misrable. They can easily make your life enjoyable, just as they did to the Australians. But they WON'T, cause that is against their true intention. You can even feel the reluctance they barely hide if they pass any policy to assist people from Asia.

And the REAL ID act which will mean more visits to stand in DMV queues:

Driver's licenses issued to persons who are not U.S. citizens, nationals or permanent residents would be temporary, and their expiration would be tied to the person's authorized period of stay

For persons eligible for a temporary license, but whose stay does not have an expiration date (such as F-1 Students and J-1 Exchange Visitors), the validity period of driver’s licenses and identification cards shall not exceed one year.

We anticipate that these short duration drivers licenses combined with individual State procedures will lead to periods of time when foreign nationals will not be able to secure drivers licenses.

Under the guise of curbing illegal immigration, they are discriminating against ALL immigrants :mad:
Click to expand...
 
Ok, then...

From what everyone saying here, i understand that they are still entering Data in their computers and that it s gonna take some time until they enter everything.
I also understand that some of the oldest cases (April 2001, pending at the State stage) didn t even receive the love letters (i am in that precise case, 2001, still no letter).
They obviously separated RIR from non RIR (that was already reported from USDOL bulletin that required to put the RIR in a separate case from the non RIR for the transfert to the BEC centers) and it seems like they are treating the RIR first using FIFO... then Non-RIR using (i am assuming here) FIFO also once the RIR are done.
It seems also that they are making the distinction between the application (like mine) who didn t make it regional and the one that made it regional.

So basically, this is the order they are processing the applications :

1- RIR regional FIFO those should have been the first to get the 45 days letters
2- RIR State FIFO once the RIR regional went thru
3- NON RIR regional FIFO once step 2 is done
finally 4- (my step) NON RIR State FIFO once 3 is done.

Considering that the regional and state DOL sent all their application in 3 groups, (december 2004, march 2005 and april 2005). I assume some case from step 1 sent to the BEC in april 2005 are just receiving their 45 day letter while some case from step 2 or 3 sent in BEC in december 2004 already got it.
All this makes it difficult for any of us to see what s going on exactly. But now that every applications were sent to the BECs, i think that what they are doing right now is finishing the step 1 while trying to mive those older step 2 and 3

What do you think ?

Now the real question is : what step are we currently ? Is there anyone from step 3 or 4 that received a 45 days letter ? So far i havent seen anyone from step 4 with a letter.
 
Still receipt no not received

My Employer applied my GC labor in Vermont state in March 1st week 2005. Still we haven't received receipt no. Is it possible. Any one face this kind of problem.
 
anybody from GA, RIR, Regional case ?

Just wanted to keep track if GA cases has been started entering in the system.
Please respond. So far I haven't got anybody who has filed from GA and has received 45 days letter.
 
sk0902 said:
Just wanted to keep track if GA cases has been started entering in the system.
Please respond. So far I haven't got anybody who has filed from GA and has received 45 days letter.
Click to expand...

I got 45 letter in the end of Feb05. (PD Sept 2003)
My friend fot it in April (PD June 2004). We are RIR regional cases....
 
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Still receipt no not received

My Employer applied my GC labor in Vermont state in March 1st week 2005. Still we haven't received receipt no. Is it possible. Any one face this kind of problem. i'm stepping into 6year in a month. I need a receipt no to get the 7th year extension based on 1 year LC pending status. I heard that Vermont state office needs to send receipt from the old system and they would transfer to backlog center and they would send 45 day letter to confirm the application. Is it true. If so why vermont state didn't send the receipt no to me. It's been more than 2 months.
 
2 Queues

Hi Sleepless_In_IN,

Looks like you are right on the 2 queue's you mentioned.

1. RIR Regional & non-RIR Regional -- Random "NOT FIFO"
2. RIR State & non-RIR STATE -- Random "NOT FIFO"
 
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I-140 within 45 days of labor approval date - proposed law

MannyD said:
What is this new 45 day law for I140? Please post more details or post a link to any earlier posting we might've missed.
Thanks!
Click to expand...
Source: immigration-law.com
05/16/2005: DOL Proposes to Eliminate Substitution and to Mandate Use of Certified Labor Certification Within 45 Days

On May 12, 2005, last Thursday, the DOL submitted to the White House OMB for its review a "proposed" regulation in order to remove the substitution of the alien beneficiary and to require filing of I-140 petition within 45 days of the certification of the ETA 750 or ETA 9089.
The Department of Labor is proposing changes reportedly to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is proposing to eliminate the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL is proposing to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The proposed rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. DOL will also propose enforcement mechanisms to protect program integrity, including debarment with appeal rights. These proposed amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
This is a proposed rule and it may take some time before it is made a final or interim rule. However, sometimes, agencies changed or revised during the process of the OMB reviews from the proposed regulation to interim regulation or vice versa.
 
sk0902 said:
Let me try to put few thoughts here. These are not positive thoughts and I may be wrong about this, butttt.... all criticisms are welcomed.

My opinion, DOL employees are not inefficient. They are not kinder garden graduates. All these delay tacktics are well planned action by W.H.Administration.

I think that W.H. allowed the H1 holders to stay more than 6 years (with yearly extension) is just the part of this plan. The PERM process is part of this plan too.

I don't think WH administration wants all these H1 holders hanging arround here in this country. So first they reduced the H1 yearly Cap.

Then then have to get rid of so many H1 holders who are already within the country and processing GC. Question is how to do that as there were many obstacles.

1. So many US corporates depend on these H1 holder for thier day to day job.
2. H1 holder can extend upto 6 years for their stay as long as they have a job here and somebody wants to process their H1.

So the plan to extend the H1 beyond 6 years and putting all the existing labor in BEC, address both the above issue very nicely. Though it is not perfect, but it is the best plan to tackle the above mentioned hurdles.

As a result of delay tactics, all the GC aspirant candidate, who has weak position at their jobs, will be filtered out as they are not going to get GC in next 6 years. It will be hard to sustain a weak position in this country for that long. Also as after 6th year, nobody can change the job, the only way is to leave the country.

However WH administration doesn't want those candidates to go back who
are really needed by US corporations. So, they allow these GC aspirants to extend thier stay beyond 6th year. This way the coporations are not hurt and the candidate will just keep waiting as companies will be willing to extend their H1 after 6th year. However they will not be able to change any job with in the country. Again the delay tacktics did not hurt the US corporations because of this extension law.

It is only the GC aspirants who are hard hitten.

Come on, think about the 45 days letter. Why is that needed anyway? Isn't that just a waste of money and time. People will think, how dumb these DOL managements are to do 45 days letter. Well, they are not dumb. They are just following orders. This is just another layer to filter out H1 immigrants. Even if 1% of the reply doesn't reach in 45 days.. that is 350 less immigrants.

If you guys don't trust my thoughts, here is another point I have to make.

Re-entry of all the data manually again, something, that is already exist in some electronic form. Comeon, most of us are IT people, right? Please one of you just explain me, is re-entering all the data manually more expensive or to write a code that would migrated all the existing data from various system to one central system more expensive? Lets not even go to the timing factor.

So it is not the money too.. It is THE DELAY TACKTICS.

The processing of PERM was introduced to make sure that going forward, whoever is applying for the GC, is really outstanding and neede by US economy, as DOL is going to make the LC check a very thorogh process. After all US need people from out side in order remain a No. 1 economy.

I am in this country for 5 .5 years. Extremely good place to live, no doubt. I would love to raise my children here. However, once I saw a bumper sticker in a rugged funny looking pickup truck. By looking at the truck you will have a pretty good idea about the character of the owner. The sticker says
"STOP IMMIGRATION .. SAVE WESTERN CIVILIZATION."

I bet some of these people are sitting in the Administration today.

Even after 09/11, there are people who has got GC, start to end, within 2/3 years. Today people are waiting for 3/4/5 year just for thier LC. EB category retrogession and all those stuff going on..

Too bad, after getting STATE LC in May 2003, I bought a house. Looking for a bright future. Looks like by this time next year, I will have to sell it. I don't see any light at the end of the DOL BEC tunnel.


NOTE: These are just my opinion. You may agres or disagree. But never act on anything base on my opinion. ACt at your own risk.
Click to expand...

Today I am very blunt, so bear with me. I just don't understand our community, particularly Indians. We just can't unite.

If you see my past posts, I have been making these points all along.
My "sticky" post has 7250 views but only 62 replies and only 47 people participated in polls. I also gave choice where I can give "edit" power to someone if they disagree with all of my ideas. Most of the members here thinks that "let them do the work" if it works everybody will benefit.

Majority here are so stupid and selfish they can't even support somebody who wants to organize or unite people. We are bound to be doomed. If something is not done soon, current administration will make sure 300,000 H1Bs are out of this country before they leave power in 2007.
Sorry, if you are offended but its reality.

Atleast you can attend conference call today with Rajiv.
 
give me the conference call detail..phone number, time etc.

USCISisMockery said:
Today I am very blunt, so bear with me. I just don't understand our community, particularly Indians. We just can't unite.

If you see my past posts, I have been making these points all along.
My "sticky" post has 7250 views but only 62 replies and only 47 people participated in polls. I also gave choice where I can give "edit" power to someone if they disagree with all of my ideas. Most of the members here thinks that "let them do the work" if it works everybody will benefit.

Majority here are so stupid and selfish they can't even support somebody who wants to organize or unite people. We are bound to be doomed. If something is not done soon, current administration will make sure 300,000 H1Bs are out of this country before they leave power in 2007.
Sorry, if you are offended but its reality.

Atleast you can attend conference call today with Rajiv.
Click to expand...
 
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