Philadelphia Backlog Elimination Center Tracking

Waiting for more than 3.5 months for the labor letter

rag01 said:
It took more than 9 months for them to mail our letter. Some have received in 5 days as per many posts.

How did you finally received the approval letter? Did your attorney/company HR contacted the DOL or it just showed up out of the blue?
 
Labor Subtitution question

Hi,

one of my friends got a situation and I hope someone may give related information:

His colleague just got the LC approved recently, and the colleague's wife got her LC several months ago and is in I485. To make it safer, his colleague will file I140 at first, and then decide if to file I485 later. My friend is in same company, and he would like to know if he can use his colleagu's labor if his colleague withdraw after the I140 has been approved and before filing I485?

The PD of his colleague is 2002.

Thank you in advance for any related information.
 
Yes, he can use it

alex10dc said:
Hi,

one of my friends got a situation and I hope someone may give related information: His colleague just got the LC approved recently, and the colleague's wife got her LC several months ago and is in I485. To make it safer, his colleague will file I140 at first, and then decide if to file I485 later. My friend is in same company, and he would like to know if he can use his colleagu's labor if his colleague withdraw after the I140 has been approved and before filing I485? The PD of his colleague is 2002. Thank you in advance for any related information.
Yes, he can use his colleagues Labor.
 
ssp123 said:
How did you finally received the approval letter? Did your attorney/company HR contacted the DOL or it just showed up out of the blue?

Attorney as well as Employer got the respective letters. How, I don't know.
:)
 
Labor certified

Finally my labor and co worker labor certified online today.
We both applied for same position and same PD.
 
BombaySeUS said:
Just checking if there is anyone in this queue with "Data Review". If so, then did anyone try successfully to change it to "in-Process"? The stupid folks closed my case accidently in sept & its been in data review since then. My lawyer, as usual, is clueless and believes that waiting is the best way. But I believe that after close to 3 yrs & 10 months I am atleast entitled to an "in-process".....if not Certified....nothing wrong in that :-(

Please wait - this will be changed to In-Process soon. There is nothing you can do. As for myself, the status changed to In-Process sometime in late October.
 
Anyone with case assigned to Wyatt Earp????
I read a lot of Barbarra Shelly or so, but never this name.
If you had this name was your case approved or still pending???????
Just wondering??????

There seem to be quite some people with PD in the period Nov 03-Feb 04 who got 45 day letters anywhere from Dec 04-Feb 05 who are still waiting while others with 45 day letters in the beginning of 06 are getting approved. Does not make any sense.
In my case it had already cleared SWA and went to regional and then made a huge step backwards to............................PBEC!!!!!!!!!!
 
Happy New Year

Guys,

Another year gone, and i hope 2007 is the year all of us will move past this line of Labor processing and stand in the 485 process.

Some day one of us will head that miserable DOL and fire all their sorry ass lazy bums !!!!!

I wish you a very happy new year !!!!

:) :D :)
 
From the Visa Bulletin:

Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers.

Cap date for that category: 15JUN04


Can we like... file for it or something? I bet we all would be current on that one.
 
Thanks for the input.

manwithnoname said:
Please wait - this will be changed to In-Process soon. There is nothing you can do. As for myself, the status changed to In-Process sometime in late October.
 
why thank you :]

GCVIRGO said:
Guys,

Another year gone, and i hope 2007 is the year all of us will move past this line of Labor processing and stand in the 485 process.

Some day one of us will head that miserable DOL and fire all their sorry ass lazy bums !!!!!

I wish you a very happy new year !!!!

:) :D :)

thanks happy new years to you too :]
and i'm sure 2007 is the year for all of us hopeless patient ppl
this is it guys :]
 
Got a denial letter

Gurus,

I got a denial letter to my old address after waiting for 3.5 years. I got an NOF in October (they need a letter from the client with responsibilities and to make sure that I am still working with a client) and we replied to that immediately and they received it on Oct 11th. The denial letter was dated Dec 16th. I did not see the letter yet. my friend who is at that address has informed me. There is no word from my employer as of now. Actually the lawyer who was representing my cased was suspended in Mar 2004 and my employer came to know about it along with NOF and employer informed PBEC that he is going to represent my case. My friend told me that there is an option to apply for rebuttal in the denial letter.

I have already applied for 7th year extension and the receipt date is Oct 13th and still waiting for the approval? So, does this denial affect my H1 approval? If not, I guess I am safe to some extent and can apply for PERM immdiately.

What are my other options? Your opinions/views/replies are really highly appreciated.

Thank you very much in advance.
 
1 labor can be used only for 1 I-140

alex10dc said:
Hi,

one of my friends got a situation and I hope someone may give related information:

His colleague just got the LC approved recently, and the colleague's wife got her LC several months ago and is in I485. To make it safer, his colleague will file I140 at first, and then decide if to file I485 later. My friend is in same company, and he would like to know if he can use his colleagu's labor if his colleague withdraw after the I140 has been approved and before filing I485?

The PD of his colleague is 2002.

Thank you in advance for any related information.

No! Your friend cannot use the labor if it is already been used to file for his colleague's I-140.
 
still some hopes..

srinivas_o said:
Gurus,

I got a denial letter to my old address after waiting for 3.5 years. I got an NOF in October (they need a letter from the client with responsibilities and to make sure that I am still working with a client) and we replied to that immediately and they received it on Oct 11th. The denial letter was dated Dec 16th. I did not see the letter yet. my friend who is at that address has informed me. There is no word from my employer as of now. Actually the lawyer who was representing my cased was suspended in Mar 2004 and my employer came to know about it along with NOF and employer informed PBEC that he is going to represent my case. My friend told me that there is an option to apply for rebuttal in the denial letter.

I have already applied for 7th year extension and the receipt date is Oct 13th and still waiting for the approval? So, does this denial affect my H1 approval? If not, I guess I am safe to some extent and can apply for PERM immdiately.

What are my other options? Your opinions/views/replies are really highly appreciated.

Thank you very much in advance.

This is some unfortunate situation guy. But don't lose hope yet, every denial can be appealed against.

Get hold of the letter, it usually has info on how to go about the appeal. If not seek expert legal help immediatly. I think the H1 extension depands on the pending case - if you don't have a pending case then you don't get it. An appeal would make you eligible for the extension.

PERM is an option but appeal may save you 2003 PD.
 
I have been thru a similar situation recently.
Your new company has to transfer your H1 (and labor) from the old company. The H1 transfer is a regular transfer; for labor they have to file some paperwork relating the acquisition.
AFAIK you need to do a H1 transfer before you can extend.. but again I'm no Lawyer.
In my case the company asked for pay stubs, degree copies etc.. usual documents for doing H1 transfer.

I work for a big company so I'm guessing their lawyer must be expensive..
If you post your state/city I'm sure a lot of people here will refer you to good lawyers.

yours_sincerely said:
Friends, for me its time to file for H-1B extension again (was hoping to get a 3 years extension but doesn't look like labor is coming anytime soon).

My company's technology department (of which I am a part) has been taken over by another company. The old company minus the technology department still exists. I am currently on an H1B from the old company and the need to extend my H1 through the new company. What kind of documents do I need to submit to prove that the new company is a "successor in interest" for the old company's technology department? Has anyone been in a similar position? Can someone also suggest a good lawyer for taking care of such a situation?

Thanks
 
nylabor0303 said:
I just called up the 484 # and the lady told me that it takes around 2 - 2 and a half months to actually mail out the labor approval even after the online status shows CERTIFIED.

Is that true ? Does someone have a similar experience.

Thanks

If you don't get it in 2 weeks ask your lawyer to send the FAX, I saw the fax info posted a few pages earlier.
 
Does anyone have any idea/theories as to how the cases are being reviewed in pbec ? my feeling is that those cases (i.e RIR) which have cleared state are being certified ..and a second review would be done for other cases. any comments ..please share.
In other words, they went through all cases quickly ..those which had cleared state or those which were clear cut have been certified. now they will go through remaining cases in more detail.
 
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mariner555 said:
Does anyone have any idea/theories as to how the cases are being reviewed in pbec ? my feeling is that those cases (i.e RIR) which have cleared state are being certified ..and a second review would be done for other cases. any comments ..please share.
In other words, they went through all cases quickly ..those which had cleared state or those which were clear cut have been certified. now they will go through remaining cases in more detail.

From my experience, I don’t see any such patterns…My priority date is July 2004, and today I have seen approvals of August 2004 cases…and from the posting, I understand that they are not approved by the State. Also, when I checked the tracking system, I see one approval below ten numbers and that approval was in existence at least for the last four months….so, it looks like a combination of luck, fortune and destiny of applicant and dependence.
 
You got it right. Mine is RIR ---PD 2/04---Went to regional 8/04---PBEC 10/04---45 day letter 2/05---Screenshot everything filled---still in process.
felixjose said:
From my experience, I don’t see any such patterns…My priority date is July 2004, and today I have seen approvals of August 2004 cases…and from the posting, I understand that they are not approved by the State. Also, when I checked the tracking system, I see one approval below ten numbers and that approval was in existence at least for the last four months….so, it looks like a combination of luck, fortune and destiny of applicant and dependence.
 
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