Philadelphia Backlog Elimination Center Tracking

NOF received

Hi Gurus,

After three+ years of wait I got a NOF :mad: . I learnt from my lawyer that my case could be denied because the wage offer is below the prevailing wage as assessed by PBEC official.

They have provided two options -

1. Increase the salary to that indicated by the PBEC official and offer to advertise the job opportunity.

2. Submit alternative wage data.

My lawyer says this type of NOF can generally be rebutted.

Any pertinent feedback will be highly appreciated.

Letter is signed by Barbara Shelly.

CA-EB3 RIR
PD :9th Sept 2003
State approval Sept 2004
SF-DOL to Back Log center on Jan 21 2005.
ETA Case No - P-04302-xxxxx
 
Thank You

I am so exhausted from working like a nutjob that i forgot to say a BIG THANK YOU for all of your who maintained the Tracker - I have been following it since its birth and it was extremely helpful in identifying trends and patterns when no other info was available.
One lesson learned - Statistics dont lie!

THANK YOU AGAIN!!! If this is not valuable public service, then I dont know what is!!!
 
2001 LC Tr to RIR

I had my 2nd meeting with my attorney today regarding the conversion and he has decided to go ahead with it.His prior concerns,the waiting for DBEC to state PR and amendments were rectified at the last AILA meeting on the 10th and he told me that even if DBEC does not reply you can find PR yourself and put in amendments in the e-mail.With RIR you basically have to run ads for 10 consecutive days (newspaper,web,on site) and once this is done you have to wait 30 days for any replys.Once the package is complete send it off before 1st April and hope for the best.
He thinks this will probably save 3-4 months since at the OFLC meeting they are allready thinking about extending the RI date for all LC from April 1 to August 1.As far as the October 1 2007 completion date he stood by what he told me last time that DOL has an extension and funding till February 2008 and anybody who can change from TR to RIR will be worth the extra $ because there is no way 85,000 TR cases are even going to get RI s by April 1 let alone getting 145,000 cases done by October 2007.
Hope this helps and if you can convert go ahead,been with my Lawyer since 2001 and he is trustworthy.
 
kopguy said:
Hi Gurus,

After three+ years of wait I got a NOF :mad: . I learnt from my lawyer that my case could be denied because the wage offer is below the prevailing wage as assessed by PBEC official.

They have provided two options -

1. Increase the salary to that indicated by the PBEC official and offer to advertise the job opportunity.

2. Submit alternative wage data.

My lawyer says this type of NOF can generally be rebutted.

Any pertinent feedback will be highly appreciated.

Letter is signed by Barbara Shelly.

CA-EB3 RIR
PD :9th Sept 2003
State approval Sept 2004
SF-DOL to Back Log center on Jan 21 2005.
ETA Case No - P-04302-xxxxx
Click to expand...

Please read the NOF thread in this forum. This can be easily rebutted.
 
Last edited by a moderator:
stranger70 said:
Please please help.

I checked my case status with the DOL online “Backlog Public Disclosure System”, I get a case status “IN PROCESS” and processing type “TR-Traditional Recruitment” although it was “RIR-Reduction in Recruitment”. My employer did not receive an NOF that the case was pushed from RIR to TR. Some of the posts say there might be an error in the system. Do I need to have my employer contact them? What is the 202 number.

Thanks guys/gals
Click to expand...

What's your latest screen shot indicates? A new system (with human data entry) is prone to errors. Yes, only your employer may call the 202 number. Can someone post this please?
 
202-693-3010

202-693-3010

manwithnoname said:
What's your latest screen shot indicates? A new system (with human data entry) is prone to errors. Yes, only your employer may call the 202 number. Can someone post this please?
Click to expand...
 
I love the poem. It sends a strong message that we are determined to succeed despite all the backlog stress.
Someone said it right the other day "We are in pain, labor pain"
At least with the true labor pain there is something worthwhile afterward, a new life. This labor pain, I am not sure, it might be a disappointment for some a new life for others


xszhu said:
(Under the inspiration of the spirit of Martin Luther King, I wrote the poem.)

I have a dream.
I dreamed that after 8 years of hardworking and legal staying in this country I got my green card approved.
I dreamed that whenever a recruiter called me and asked my working status,
I could tell him that I don't need a visa sponsorship.
I dreamed that I should have known I need 8+ years to get my green card, I should have known it 8 years ago,
when I was still young,
when I was able to move freely to another country without worrying about the family root nowadays.

I have a dream.
I dreamed I could work like other American workers, not like a slave.
I dreamed I could leave my employer when I have a better opportunity instead of for 8 years' worrying that my employer can suspend or delay my green card application.
I dreamed I could be promoted instead of working on the same position and salary for 8 years just for that green card.
I dreamed that I don't have to worry everyday in 8 years that if I'm unemployed, I have to leave this country and kiss my green card application goodbye.

I have a dream.
I dreamed there are never such cruel things called Backlog Elimination Center.
I dreamed Ms. Elaine Zhao as a daughter of an Immigrant family knew how hard it is to work and live legally in this country without a green card.
I dreamed some people working in DOL could appreciate other people's life because 8 years for a family is definitely an important portion of whole life.
I dreamed that 8 years of hard working can convince DOL that there is no other American worker can fit the job I am working on, hence they will issue me a labor certificate as the first step in my green card application.

I have a dream.
I dreamed that legal employment based immigrants don't have to stick to the same job position and same company for 8 years before they can get their green card.

I have a dream.
I dreamed that I could have the courage of Martin Luther King to speak out our issues and let everybody in this country know the issues.
I dreamed that the people of this country could feel our pain and respect our hard working and services for this country for so many years.
Click to expand...
 
This is exactly my situation too, but haven't seen any NOF sofar. Status still 'In Process'.

When I approached my attorney with my screenshot, highlighting this issue just to prevent more delay in the form of NOF. He wants to wait until he sees a NOF and not volunteer for updating this info to BEC.

Any one has insites how to sort this, before this most likely NOF on its way.


kopguy said:
Hi Gurus,

After three+ years of wait I got a NOF :mad: . I learnt from my lawyer that my case could be denied because the wage offer is below the prevailing wage as assessed by PBEC official.

They have provided two options -

1. Increase the salary to that indicated by the PBEC official and offer to advertise the job opportunity.

2. Submit alternative wage data.

My lawyer says this type of NOF can generally be rebutted.

Any pertinent feedback will be highly appreciated.

Letter is signed by Barbara Shelly.

CA-EB3 RIR
PD :9th Sept 2003
State approval Sept 2004
SF-DOL to Back Log center on Jan 21 2005.
ETA Case No - P-04302-xxxxx
Click to expand...
 
online shows certified

guys - today the magic words appeared on my screen - just like i predicted - my status shows certified - :D :D :D

here are my details

EB3, RIR, CT, Priority date : Nov 10'th, 2004
Never made it to regional,
45 day letter received and replied

best of luck everyone, keep the faith...
 
xszhu said:
(Under the inspiration of the spirit of Martin Luther King, I wrote the poem.)

I have a dream.
I dreamed that after 8 years of hardworking and legal staying in this country I got my green card approved.
I dreamed that whenever a recruiter called me and asked my working status,
I could tell him that I don't need a visa sponsorship.
I dreamed that I should have known I need 8+ years to get my green card, I should have known it 8 years ago,
when I was still young,
when I was able to move freely to another country without worrying about the family root nowadays.

I have a dream.
I dreamed I could work like other American workers, not like a slave.
I dreamed I could leave my employer when I have a better opportunity instead of for 8 years' worrying that my employer can suspend or delay my green card application.
I dreamed I could be promoted instead of working on the same position and salary for 8 years just for that green card.
I dreamed that I don't have to worry everyday in 8 years that if I'm unemployed, I have to leave this country and kiss my green card application goodbye.

I have a dream.
I dreamed there are never such cruel things called Backlog Elimination Center.
I dreamed Ms. Elaine Zhao as a daughter of an Immigrant family knew how hard it is to work and live legally in this country without a green card.
I dreamed some people working in DOL could appreciate other people's life because 8 years for a family is definitely an important portion of whole life.
I dreamed that 8 years of hard working can convince DOL that there is no other American worker can fit the job I am working on, hence they will issue me a labor certificate as the first step in my green card application.

I have a dream.
I dreamed that legal employment based immigrants don't have to stick to the same job position and same company for 8 years before they can get their green card.

I have a dream.
I dreamed that I could have the courage of Martin Luther King to speak out our issues and let everybody in this country know the issues.
I dreamed that the people of this country could feel our pain and respect our hard working and services for this country for so many years.
Click to expand...
this is a very nice poem.

I recently sent an email to Senator Cornyn who introduced the skil bill last year. Most of these lawmakers have no idea of what we are suffering. He sent me a nice respose. I suggest you send him this at SenateWebmail@cornyn.senate.gov

Now is a good time since they are making changes to existing laws
 
I am in the same situation too. From the screen shot, my Prev. wage is not populated yet. But from the wage Determination website, looks like I am off by 15% from the submitted amount (2003 sal). But I am getting more now and is closer to 5% , but DOL has no idea about the latest Sal. Dont know whether I got NOF or not. HR is not helpful. They dont disclose anything.

The case status is "In process".

From what I hear, this NOF can be easily rebutted, either by
1) Increasing the salary. (Most will not do it if the diff is more)
2) Submit third party Salary survey for the Labor zip code to substantiate that the Salary offered is on par with the market at that time of labor submission (easier way may cost about $1000)

The Wait and Stress continues...... :mad:

Had I known all these in 2001, I would have stayed in England itself and would have become a PR by now. I quit England , came to US with a dream and now I am stranded, no where to go. I guess, I left the bird in hand. I dont like the fact that we have become puppets with string attached to HR, Attorney, DOL, New Immigration policy, etc etc... What ever said and done, it is what it is. Sorry about the rant. :mad:



GREENWAYS said:
This is exactly my situation too, but haven't seen any NOF sofar. Status still 'In Process'.

When I approached my attorney with my screenshot, highlighting this issue just to prevent more delay in the form of NOF. He wants to wait until he sees a NOF and not volunteer for updating this info to BEC.

Any one has insites how to sort this, before this most likely NOF on its way.
Click to expand...
 
you know what!! magic happened!!!
this morning it's in process, 1:00pm it turns certified!! I wrote that prey only yesterday!!

sjl said:
Congratulations! I wish i will also be so lucky!
Congratulations!
Quote:
Originally Posted by laborfromMA
I am silent reader in here about one year. Today, I checked my status. It is certified. Maybe I am the first proved Nov 04 case in here.

I hope everybody get the labor certification very soon.

Priority Date: 8 Nov 2004
45-Day Letter Replied: May 2006,
Transferred From: MA
Category: EB3-RIR
Status: Certified 1/11/2007
case number: P-05207-xxxxxx
Click to expand...
 
Last edited by a moderator:
Nice one

xszhu said:
(Under the inspiration of the spirit of Martin Luther King, I wrote the poem.)

I have a dream.
I dreamed that after 8 years of hardworking and legal staying in this country I got my green card approved.
I dreamed that whenever a recruiter called me and asked my working status,
I could tell him that I don't need a visa sponsorship.
I dreamed that I should have known I need 8+ years to get my green card, I should have known it 8 years ago,
when I was still young,
when I was able to move freely to another country without worrying about the family root nowadays.

I have a dream.
I dreamed I could work like other American workers, not like a slave.
I dreamed I could leave my employer when I have a better opportunity instead of for 8 years' worrying that my employer can suspend or delay my green card application.
I dreamed I could be promoted instead of working on the same position and salary for 8 years just for that green card.
I dreamed that I don't have to worry everyday in 8 years that if I'm unemployed, I have to leave this country and kiss my green card application goodbye.

I have a dream.
I dreamed there are never such cruel things called Backlog Elimination Center.
I dreamed Ms. Elaine Zhao as a daughter of an Immigrant family knew how hard it is to work and live legally in this country without a green card.
I dreamed some people working in DOL could appreciate other people's life because 8 years for a family is definitely an important portion of whole life.
I dreamed that 8 years of hard working can convince DOL that there is no other American worker can fit the job I am working on, hence they will issue me a labor certificate as the first step in my green card application.

I have a dream.
I dreamed that legal employment based immigrants don't have to stick to the same job position and same company for 8 years before they can get their green card.

I have a dream.
I dreamed that I could have the courage of Martin Luther King to speak out our issues and let everybody in this country know the issues.
I dreamed that the people of this country could feel our pain and respect our hard working and services for this country for so many years.
Click to expand...

The poem is very nice. Every line is so true. After working so hard and paying tax every month, we don't have any rights and suffering continues...


:( :(
 
Online certified :)

Online certified on Jan2nd, but have not got paperwork yet. How long does it take for the paperwork to get to the lawyer? Will I get a copy or notice at my home address? Will the employer get a copy?

Thanks for your help

EB2/PD:Oct2003/Alabama
 
Approval

Been a silent reader. Finally got approval today morning when I checked around 8:30 am.

PD:25th Oct 2004
EB2/RIR/VA
45 day Letter Rcvd: 22nd May 2006
45 day Letter Replied: 30th May 2006
Online Certified on 12th Jan 2006
 
wow.

whoa.
this is the best insipirational poem i've ever read.
you're a really good poetic.
it was very touching.
i think you should send this to the media.
cause this poem is bond to do something.
good job.



xszhu said:
(Under the inspiration of the spirit of Martin Luther King, I wrote the poem.)

I have a dream.
I dreamed that after 8 years of hardworking and legal staying in this country I got my green card approved.
I dreamed that whenever a recruiter called me and asked my working status,
I could tell him that I don't need a visa sponsorship.
I dreamed that I should have known I need 8+ years to get my green card, I should have known it 8 years ago,
when I was still young,
when I was able to move freely to another country without worrying about the family root nowadays.

I have a dream.
I dreamed I could work like other American workers, not like a slave.
I dreamed I could leave my employer when I have a better opportunity instead of for 8 years' worrying that my employer can suspend or delay my green card application.
I dreamed I could be promoted instead of working on the same position and salary for 8 years just for that green card.
I dreamed that I don't have to worry everyday in 8 years that if I'm unemployed, I have to leave this country and kiss my green card application goodbye.

I have a dream.
I dreamed there are never such cruel things called Backlog Elimination Center.
I dreamed Ms. Elaine Zhao as a daughter of an Immigrant family knew how hard it is to work and live legally in this country without a green card.
I dreamed some people working in DOL could appreciate other people's life because 8 years for a family is definitely an important portion of whole life.
I dreamed that 8 years of hard working can convince DOL that there is no other American worker can fit the job I am working on, hence they will issue me a labor certificate as the first step in my green card application.

I have a dream.
I dreamed that legal employment based immigrants don't have to stick to the same job position and same company for 8 years before they can get their green card.

I have a dream.
I dreamed that I could have the courage of Martin Luther King to speak out our issues and let everybody in this country know the issues.
I dreamed that the people of this country could feel our pain and respect our hard working and services for this country for so many years.
Click to expand...
 
Mine is certified too

I have been silent for a year. Today I saw 'certified'. Thanks for the helpful info in this site and best wishes.

PD: 16 NOV 2004
EB2/RIR/VA
45 day letter Rcvd: 7th May 2006
45 day letter Replied: 17the May 2006
Online Certified on 12th Jan 2007

asethi said:
Been a silent reader. Finally got approval today morning when I checked around 8:30 am.

PD:25th Oct 2004
EB2/RIR/VA
45 day Letter Rcvd: 22nd May 2006
45 day Letter Replied: 30th May 2006
Online Certified on 12th Jan 2006
Click to expand...
 
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