Philadelphia Backlog Elimination Center Tracking

manwithnoname said:
It is likely that the PERM application will have no impact on the approved LC from BEC. If this is for a different position (from the same employer) and EB2, I would go for it. Please browse the PERM Forum to estimate the time for recruitment efforts - my guess is ~3 months.

This is for the same position and the same employer. In that case, what would you suggest?

Thank you
 
catch_gc said:
Hi Guys!! I just checked my online status and it shows me "DENIED". Any way I will contact my Lawyer.. But as you can judge how expert he is, because of him my case is denied..
So I definitely need your help.. So please suggest me

1. what are my options now?
2. what is most possible scenario for denial, and is it possible to fix?
3. Is there anybody who faced same thing and what did he/she do to fix it?
4. Will DOL automatically convert it to the TR? if yes then what disadvantages are there?
5. Will me or my Lawyer get Denial letter with explanation of cause?

I will highly appreciate your response.. Please see my signature for my details

Thanks in advance!!

First, find out the reason they provided to deny your case. You should be able to appeal the case. Don't work on assumptions why it got denied, get the facts from your lawyer - he will get the denial letter.

Its pathetic they deny the cases after years of filing when complete labor market would have changed. If a person is already working with a company on same position for 3/4 years, isn't it a proof that he is a right fit?
 
coolmaro said:
Can you please post your own case info.


Priority Date: 02 Feb 2005 DOL
45-Day Letter Received: Sept 2005
45-Day Letter Replied: Oct 2005
Transferred From: CT
Category: EB2-RIR
Status: InProcess
 
DKSearch said:
This is for the same position and the same employer. In that case, what would you suggest?

Thank you
My initial assumption was the pending LC case was EB3 type. In that case how can both (PERM and BEC LCs) the position be same with different EB category?

On the other hand if both the LCs are of same category then the PERM will serve as a backup and maybe useful to obtain 3 year H-1B extension if necessary.
 
RIR Status rejected online

My online status showed denied (Oct 2002 RIR NY)after Thanksgiving. We have no denial letter or any NOF received. I was about to file my 9th year H1 and now the company put it on hold. My bad luck again.

My previous lawyer lost his license in 2005 due to his insanity. The new attorney took over in 2005 but never looked at LC carefully to determine there were issues. I determined there was some flaws in recruitment and pointed out in September 2006.

Does the denied means the case is denied or there is a possibility that there is NOF and the online status shows denied. My company is planning to file PERM and is not willing to use any outside lawyers for any matter. THey are using their own attorney. My H1 is the main issue now as it expires in February. Filing the H1B showing with the original lawyers incompetency and requesting for extension - Is that going to work? We don't have any paperworks for the denial yet/ Any suggestion from anyone will be appreciated during this difficult times especially filing for H1.
 
PBEC Sucks

Hi,

Sorry to know that you case status is denied.

Try to find out first why it is denied. Employer and Attorney will be getting the denial letter. there will be an option to rebutt the denial.

One more option is, you still have your H1 until Feb, try to find a pre-approved labor and switch the employer.


Omarx said:
My online status showed denied (Oct 2002 RIR NY)after Thanksgiving. We have no denial letter or any NOF received. I was about to file my 9th year H1 and now the company put it on hold. My bad luck again.

My previous lawyer lost his license in 2005 due to his insanity. The new attorney took over in 2005 but never looked at LC carefully to determine there were issues. I determined there was some flaws in recruitment and pointed out in September 2006.

Does the denied means the case is denied or there is a possibility that there is NOF and the online status shows denied. My company is planning to file PERM and is not willing to use any outside lawyers for any matter. THey are using their own attorney. My H1 is the main issue now as it expires in February. Filing the H1B showing with the original lawyers incompetency and requesting for extension - Is that going to work? We don't have any paperworks for the denial yet/ Any suggestion from anyone will be appreciated during this difficult times especially filing for H1.
 
Dont be afraid because of denial.

Sorry to read that. Here is what i would suggest you to do.

1) Email to "H1B7YR@PHI.DFLC.US. Ask for the screen shot based on your information and case #. if you dont get it in 2 days, use the latest screen shot that you may have. Use the screen shot to file your H1B extension.USCIS is not going to know that your online case status is denied. I have seen many people doing that and my lawer also does the same thing. Everybody has got H1B approval.

2) Tell your lawery or Human resource to find out the fact for the denial. As you said you did not received any denial letter or any correspondance, tell your lawyer or Human resource to send email to reopen your case since it could be just and error. DO IT WITHOUT FAIL. There are 95% chances it would be back to "IN PROCESS" in few days if you are lucky.

3) file for Perm.

I hope this helps you out.


Omarx said:
My online status showed denied (Oct 2002 RIR NY)after Thanksgiving. We have no denial letter or any NOF received. I was about to file my 9th year H1 and now the company put it on hold. My bad luck again.

My previous lawyer lost his license in 2005 due to his insanity. The new attorney took over in 2005 but never looked at LC carefully to determine there were issues. I determined there was some flaws in recruitment and pointed out in September 2006.

Does the denied means the case is denied or there is a possibility that there is NOF and the online status shows denied. My company is planning to file PERM and is not willing to use any outside lawyers for any matter. THey are using their own attorney. My H1 is the main issue now as it expires in February. Filing the H1B showing with the original lawyers incompetency and requesting for extension - Is that going to work? We don't have any paperworks for the denial yet/ Any suggestion from anyone will be appreciated during this difficult times especially filing for H1.
 
Notice of findings

Hi Everyone,

I have been a silent reader of this forum.
Yesterday I got a document from DOL : NOTICE OF FINDINGS that it is basically a notification that the DOL intents to deny my case.
AT this point the DOL requires the company to send a rebuttal with answers to several questions and documents that proof certain
requirements.
I have been unluky.. I filled the application with a very popular internet based firm, the attorney who was representing my case was suspended
from practiciing law by the NY first judicial district in March 2004. I'm surprised ... I did not know about it until yesterday.. but if somebody is in the same case
please ask what is going on with your case.
The fact is that due to this attorney suspension, my case is in observation, I think it is in a list of suspicious cases.. or something like that...
That firm does not represent me anymore, I found another famous and experience immigration firm that is doing a PERM for me.
I'm very worried because I do not know how this situacion with my older RIR Case will affect my current PERM process. I'm waiting for the attorney
to return from vacations to know the best answer.
The company has to send an aswer to the DOL asking to withdraw the RIR case or all the documentation is required to avoid this application be denied.
What do you think I have to do???

RIR: Software Engineer NY,NY P-05132-118XX
PD: July 15.2002
 
Last edited by a moderator:
The company attorney has sent letters to PBEC to open the case. They are preparing a PERM case for a different position. They will submit a H1-B extension few days before expiration in February because they want get as much time possible in order for the PERM to go through and file I-140. I did not explore my other option of pre-approved labor from another company. I am a Civil/Environmental Engineer and if anyone knows any company or individual who can help please let me know.

Blackhole2002 said:
Sorry to read that. Here is what i would suggest you to do.

1) Email to "H1B7YR@PHI.DFLC.US. Ask for the screen shot based on your information and case #. if you dont get it in 2 days, use the latest screen shot that you may have. Use the screen shot to file your H1B extension.USCIS is not going to know that your online case status is denied. I have seen many people doing that and my lawer also does the same thing. Everybody has got H1B approval.

2) Tell your lawery or Human resource to find out the fact for the denial. As you said you did not received any denial letter or any correspondance, tell your lawyer or Human resource to send email to reopen your case since it could be just and error. DO IT WITHOUT FAIL. There are 95% chances it would be back to "IN PROCESS" in few days if you are lucky.

3) file for Perm.

I hope this helps you out.
 
Talking about coincedence. This is firm I picked after my first lawyer lost his licence and guess what: they overlooked the issues(not sufficient recruitment) with my LC application and now my case is denied. The cases handled by this firm is prepared by not an attorney. I suspect even the application is signed by a real attornet or not
alexcubillos said:
Hi Everyone,

I have been a silent reader of this forum.
Yesterday I got a document from DOL : NOTICE OF FINDINGS that it is basically a notification that the DOL intents to deny my case.
AT this point the DOL requires the company to send a rebuttal with answers to several questions and documents that proof certain
requirements.
I have been unluky.. I filled the application with the firm www.usavisanow.com, the attorney who was representing my case was suspended
from practiciing law by the NY first judicial district in March 2004. I'm surprised ... I did not know about it until yesterday.. but if somebody is in the same case
please ask what is going on with your case.
The fact is that due to this attorney suspension, my case is in observation, I think it is in a list of suspicious cases.. or something like that...
That firm does not represent me anymore, I found another famous and experience immigration firm that is doing a PERM for me.
I'm very worried because I do not know how this situacion with my older RIR Case will affect my current PERM process. I'm waiting for the attorney
to return from vacations to know the best answer.
The company has to send an aswer to the DOL asking to withdraw the RIR case or all the documentation is required to avoid this application be denied.
What do you think I have to do???

RIR: Software Engineer NY,NY P-05132-118XX
PD: July 15.2002
 
EB2 RIR Denied

I have been silent reader of this forum. My case has been Denied on 20th of this month. We have not got any NOF and waiting for Denial letter. My 7th year extension is going to expire in another 6 months.

Please let me know your suggestions on how to proceed this issue



ME – EB2 - RIR
PD: Oct 4 2004
45 Day Letter - Mar 2005
Case #: P-05242-XXXXX
No NOF
Online Case Status: DENIED as of Dec 20th, 2006
 
Sorry to hear about denial...Do you know the reason for denial? If not, try to find out the cause for denial then you can appeal your case.



giri_tpt said:
I have been silent reader of this forum. My case has been Denied on 20th of this month. We have not got any NOF and waiting for Denial letter. My 7th year extension is going to expire in another 6 months.

Please let me know your suggestions on how to proceed this issue



ME – EB2 - RIR
PD: Oct 4 2004
45 Day Letter - Mar 2005
Case #: P-05242-XXXXX
No NOF
Online Case Status: DENIED as of Dec 20th, 2006
 
We are waiting for denial letter and do not know reason for denial yet. Lawyer has not received any NOF on my case. I am planning to apply new PERM labor Immediately.
 
Not a good end to the year for some people

I feel for all the people getting NOF's and denials after waiting for eternity. I wish the system would not be so inhumane. Geez. I have my own troubles though not of this scale. I have been offered a manager position with a 20K hike but my lawyers says I cannot take it due my pending GC.
 
It seems like most denials are for 2002 cases, with a few exceptions. This is really terrible, they first make us wait for 5 years and then deny the application in the end. How f**ked is that??

I feel really sorry for all of you that are going through this, and am not too optimistic about my own application, especially looking at the recent denial trend.

All I can say you have got to file an appeal or rebuttal as soon as you get the letter. On the side, it is best to initiate a PERM app.

Good Luck to all!
 
Denials

One of my friend's case also got denied this week. He told me that his company received 4 denials in the last 2 weeks.


clzeus10 said:
It seems like most denials are for 2002 cases, with a few exceptions. This is really terrible, they first make us wait for 5 years and then deny the application in the end. How f**ked is that??

I feel really sorry for all of you that are going through this, and am not too optimistic about my own application, especially looking at the recent denial trend.

All I can say you have got to file an appeal or rebuttal as soon as you get the letter. On the side, it is best to initiate a PERM app.

Good Luck to all!
 
DOL Paper work received

Hi All,

I got a call from lawyer saying that I received my labor paper work from DOL today Dec 28th, 2006.

I wish all of you waiting here for labor to get it soon.
 
Got my labor certified

Hi All,

My case status is CERTIFIED.

I wish all of you waiting here for labor to get it soon.
__________________
Best Wishes
Krishna Kota
=========
PD: Sep 01, 2004
Type: EB2/RIR
45 day letter received: May 2006
Online Case Status: CERTIFIED (As of Dec 28th, 2006)
 
PMisYMMV said:
Hi All,

My case status is CERTIFIED.

I wish all of you waiting here for labor to get it soon.
__________________
Best Wishes
Krishna Kota
=========
PD: Sep 01, 2004
Type: EB2/RIR
45 day letter received: May 2006
Online Case Status: CERTIFIED (As of Dec 28th, 2006)

Which state? With PD of 09/2004, probably it didn't went to teh regional DOL ...
 
giri_tpt said:
One of my friend's case also got denied this week. He told me that his company received 4 denials in the last 2 weeks.

Do you know what year they were from, what state, category etc..?
 
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