Philadelphia Backlog Elimination Center Tracking

Labor

This might not be a appropriate forum, but I have been a silent reader of this forum for a while and found out that some of the guys had got their previous filed labor certified after they had filled I-140 thru PERM.

So, if any of you guys have a pre-approved labor and would like to transfer to someone else, please contact me manoj_hardasani@hotmail.com. I'm in 7th year of H1 and still waiting for my Feb 2005 labor.

I'm sorry if someone if offended by this message.
 
Hello,

Am in the same mess....Can feel the pain of early/mid 2002 cases waiting. Mine is PD Jan 2002, still waiting with no 45 day letter or any information.
 
RC0878 said:
Guys,

Any FLORIDA RIR or Non-RIR cases from year 2003 cleared yet?????

RC
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Hi RC0878,

How did you find out you are assigned to an analyst. My PD is Jan 2002, got transfered from Florida to Atlanta at the beginning of December and I do not think I have been assigned to anybody yet. My 45-d letter was received in October 2005. Should I be getting closer too?.

Thanks,
Douglas R
 
GC_Ven said:
I have a question for the gurus, need some advice.

A friend of mine has his 140 approved with Labor PD of June 2005 EB2.

His company is offering him another approved Labor of PD June 2002, which has a different job discription. His lawyer mentions that he cannot file for 140 for this Labor as he has been already approved for 140 on a different Labor.

What are his choices now.

Thanks in advance for your suggestions.
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--If your friend's credentials qualify for the substituting labor's job description,he can use the pre-approved labor. GC is for future job and a person can have multiple job offers. That means multiple I-140s. I believe attorney can pursue that as a labor substitution case. Ask him to discuss this with other competent lawyers like Sheela Murthy or Rajiv Khanna.
 
NeedMyLC said:
From what I see, majority of those LC got certified in past two weeks are all in EB2 category (either 2002 or 2003). EB3 guys are "In process" status. What happened to EB3? Are they being left behind?
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--I dont think EB category is determined at DOL level. It is designated at I-140 level.
 
PBECIsKillingMe said:
10/06/2006: BEC RIR Conversion Regulation Published and in Effect as of Today

The USDOL/ETA published this notice in the federal register. This conversion rule is taking effect today. Those who are eligible for conversion under the new rule will practically have a choice of two opportunities for the labor certification application. One is filing a PERM application requesting retension of the priority date of the pending BEC case. The other is filing request for conversion of the pending BEC traditional case to an RIR case with the retention of the original priority date. Choice of these two options requires a careful review of the two different regulations - PERM regulation and previous labor certification regulation which is still in effect for the BEC cases. There are some differences in legal standards, requirements, and procedures. People may also want to relook at the old RIR conversion regulation. Besides, there are many unanswered open questions for the conversion as to the details of the RIR recruitment requirement in terms of the number of ads, other details. There were tremendous differences among the six Regions before March 28, 2005. The OFLC should release a Q&A on the conversion as soon as possible to lay out the details of recruitment requirement for the conversion. Otherwise, the intent of the agency to encourage conversion for achievement of its goal to remove the entire backlog cases by September 30, 2007 may be compromised. One other question the agency should answer is whether the same recruitment materials can be used for the PERM, should the RIR converted backlog case be for some reasons denied. Otherwise, we welcome the agency's move, albeit somewhat belated, to initiate an effort to reduce backlog cases as soon as possible.


It is possible to convert your RIR application to PERM. This is a great news for 2001/2002 guys who are stuck. Good luck :)
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--I thought conversion from RIR case in BEC to PERM has always been there. What is new here? Are they allowing conversion without having to do the recruitment again?
 
Kiko99 said:
Currently I have an "IN PROCESS" on the online data base, I just want to have an "guesstimate" of when my LC will get approved. Anyone care to take a guess? Please don't tell me that for sure on Sept/07. :D
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If there are no problems with your application, such as prevailing wage issues, I think you should see your approval coming toward mid december 06.

Don't take this as a hard date but this is what the trend shows. I know that PBEC is skipping quiet a few cases every month and that people from 2001 onward are still waiting but the trendline is what it is. We can only hope that they like our application and approve it instead of putting it on the back burner :)
 
UrgentV said:
Hi RC0878,

How did you find out you are assigned to an analyst. My PD is Jan 2002, got transfered from Florida to Atlanta at the beginning of December and I do not think I have been assigned to anybody yet. My 45-d letter was received in October 2005. Should I be getting closer too?.

Thanks,
Douglas R
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Douglas, I got that info from the guy my boss spoke to at the 202#

RC
 
Do you have Elaine Chao's email address by any chance? How helpful was her office, did you call her or email her?

Thanks!

NYRIREB3_11_02 said:
202-693-3010.

BTW - I got confirmation from Info@PHI.DFLC.US that my labor was certified - took 10 days to get the email though. I also got a letter from DOL (I had earlier contacted Sec'y Elaine Chao's office seeking their help) confirming that my labor was certified - this confirmation is from William Carlson OFLC/PBEC. However, after waiting for 4 yrs I have a different employer related problem and may not be able to use this LC! In my experience dealing w/ DOL/PBEC was easier than dealing w/ employer!!
So will be filing a PERM LC next week . . . This GC process is such a nightmare!
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anilt75 said:
--I thought conversion from RIR case in BEC to PERM has always been there. What is new here? Are they allowing conversion without having to do the recruitment again?
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This is for NON-RIR (BECs stuck) to RIR. This has nothing to with PERM. With conversion BEC will not conduct recruitment efforts but in stead employer will do the shit and submit the end results and on the basis of results BEC will either certify or deny.
 
anilt75 said:
--I dont think EB category is determined at DOL level. It is designated at I-140 level.
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Anilt75,

You talk theory. Correct thing is that " Your are given a chance to mention about category while filing I-140". IN reality category got determined while you file LC based on "Working Experience" and "Job Description". If your job description + salary level + work experience match EB3 catgory and you mention EB2 while filing I-140, you will face hell.. Will almost deny. SO truth is that your category automatically get decided when you file LC.. ANy other opinions?
 
GCgala said:
Hello,

Am in the same mess....Can feel the pain of early/mid 2002 cases waiting. Mine is PD Jan 2002, still waiting with no 45 day letter or any information.
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I think GA cases are all slower than other states. :mad:
 
Guys,

anyone here can point me to a good immigration lawyer who can adivse me and who is available NOW??

I am on my 8th yr of H1B expiring in Jun of next year.. My client offered me a FullTime position.. they r willing to file for my GC too...

Now my questions are:
1. If they apply for my LC thru Perm now, and when they want toapply for my H1B extension next June How can they show that I have my LC applied 1 year before?
2. If I have my I140 cleared, Can I extend my H1B even if I have not applied for my LC 1 year before my 6 years of H1B?

Guys This is very urgent.. Any info/help would be really really appreciated.

Thanks
 
smallamp1 said:
Guys,

anyone here can point me to a good immigration lawyer who can adivse me and who is available NOW??

I am on my 8th yr of H1B expiring in Jun of next year.. My client offered me a FullTime position.. they r willing to file for my GC too...

Now my questions are:
1. If they apply for my LC thru Perm now, and when they want toapply for my H1B extension next June How can they show that I have my LC applied 1 year before?
2. If I have my I140 cleared, Can I extend my H1B even if I have not applied for my LC 1 year before my 6 years of H1B?

Guys This is very urgent.. Any info/help would be really really appreciated.

Thanks
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I think you should file thru PERM asap,as you have about 6-7 months time from now and file for i140 - premium process by May 2007 and file for H1 extn based on approved i140.

also have this Eb3 i140 approved...be ready with all the green dollars
 
My new employer is willing to file for my perm ASAP.. but they are not sure if they can extend my H1B next year just based on 140 approval.. They think they also need to fulfil the condition that my labor should be applied 1 year before along with I140 approval.. so they want to see some real immigration lawyer say that that is not the case... so even though my company wants to take me, they say they cannot.. :-(
 
bharatpremi said:
Anilt75,

You talk theory. Correct thing is that " Your are given a chance to mention about category while filing I-140". IN reality category got determined while you file LC based on "Working Experience" and "Job Description". If your job description + salary level + work experience match EB3 catgory and you mention EB2 while filing I-140, you will face hell.. Will almost deny. SO truth is that your category automatically get decided when you file LC.. ANy other opinions?
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--In PRINCIPLE, job requirement + credentials validate EB category. However, it is only allowed to be SPECIFICALLY MENTIONED at I-140 level.
Whether credentials match upto the category specified in the I-140 application is DETERMINED by adjudicator at I-140 level only.Someone could have EB2 qualifications and yet process a case under EB3.

Someone was assuming that recent labor approvals from BEC are EB2 cases mostly and not for EB3. Implying that priority is given to EB2. I made a statement that it need not be necessarily true. There is no way they can look at an application and say this is EB2 or EB3 unless they go through the details of what is required for the job and what is being presented in the case. With a huge mess of applications in the queue, I dont think it sounds realistic for them to sort them out in the priority order of EB2 or EB3.

Again, EB2 or EB3 is NOT designated at DOL level. It is done at I-140 level. Labor requirements merely pave the way to EB category in further processing but do not get categorized at DOL.
 
Any views on why that's happening? Could you please expand a bit on this EB3 being left behind? It seems true, my colleague was EB-2 and he got certified whereas mine is still stuck in process...

Thanks!

sshark9999 said:
yes EB3 are being left behind
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smallamp1 said:
My new employer is willing to file for my perm ASAP.. but they are not sure if they can extend my H1B next year just based on 140 approval.. They think they also need to fulfil the condition that my labor should be applied 1 year before along with I140 approval.. so they want to see some real immigration lawyer say that that is not the case... so even though my company wants to take me, they say they cannot.. :-(
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yea..I know its very tough to convince employers/HR dept...meanwhile looking for an attorney, google for AC21 portablity rule etc and print it out and show them. I had the same problem to file H1 with current employer that I can change employers based on a pending labor after 6yrs on H1..

tell them as much as you dont want them to get in trouble you yourself dont want to get into any mess with immigration issues...
 
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