Philadelphia Backlog Elimination Center Tracking

Hello friends,

Would you consider converting the pending application to PERM? I thank we need to seriously consider this question. Please share your opinion. Thanks.
 
allaboutgc said:
Hello friends,

Would you consider converting the pending application to PERM? I thank we need to seriously consider this question. Please share your opinion. Thanks.
Click to expand...



Here is my tentative plan. I will wait till about May or June 2005 (to actually see some approvals under PERM). Then I will ask my lawyer to electronically file a brand new LC under PERM using ETA 9089. Since my current LC requires a minimum of MS+0 or BS+5, it qualifies as EB2. I am therefore not worried about the priority date of my LC that was filed previously. My lawyer mentioned before that he is going to charge additional $1000 as his fees to file a new LC under PERM. Also, the advertising costs for PERM are going to be around $1000 to $1500 (rough guess). If I can get my LC in 60 days by investing $2500, then why not got for it. At least it will give me some peace of mind and reduce my anxiety level. This painful suffering and waiting is not worth it. Meanwhile, I will let the Philly BEC process my previously filed LC taking their own sweet time (another 2 years????? :mad: ). I am not going to take the risk of withdrawing my current LC application as it means loss of money, waiting time and priority date, if the converted PERM application does not get accepted or approved by DOL due to defeciencies or whatever other reasons.
 
Can one file under PERM while you have a Labor Cert pending? If so could you point me to the official documentation pertaining to it.

Thx
 
metaman,

I have the same question. I don't think we can have two LCs pending with IDENTICAL job position and IDENTICAL foreign person.
 
Received 45 day letter

My lawyer received the 45 day letter last week

SESA receipt date 01/13/04 (Philadelphia)
DOL receipt date 03/25/04
 
sg20165 said:
Just now contacted my lawyer and they confirmed that they also hv recd the "Love letter" .

Applied on RIR March 2003 - VA
Went to Philly DOL on August 2004

;)
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To all those who got the letter and replied back, when are we supposed to hear back from BEC?? As posted earlier, My lawyer also got the letter and he faxed them back the same day that we would like to continue processing.

Thanks
 
metaman said:
Can one file under PERM while you have a Labor Cert pending? If so could you point me to the official documentation pertaining to it.

Thx
Click to expand...
77392 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations.....§ 656.17 Basic labor certification process....
(d) Refiling Procedures. (1) Employers that filed applications under the
regulations in effect prior to March 28, 2005, may, if a job order has not been
placed pursuant to those regulations, refile such applications under this part
without loss of the original filing date by:
(i) Submitting an application for an identical job opportunity after
complying with all of the filing and recruiting requirements of this part 656;
and
(ii) Withdrawing the original application in accordance with ETA
procedures. Filing an application under this part stating the employer’s desire to use the original filing date will be deemed to be a withdrawal of the
original application. The original application will be deemed withdrawn
regardless of whether the employer’s request to use the original filing date is
approved.
(2) Refilings under this paragraph must be made within 210 days of the
withdrawal of the prior application.
(3) A copy of the original application, including amendments, must be sent to
the appropriate ETA application processing center when requested by the
CO under § 656.20.
(4) For purposes of paragraph (d)(1)(i) of this section, a job opportunity shall
be considered identical if the employer, alien, job title, job location, job
requirements, and job description are the same as those stated in the original
application filed under the regulations in effect prior to March 28, 2005. For
purposes of determining identical job opportunity, the original application
includes all accepted amendments up to the time the application was withdrawn, including amendments in response to an assessment notice from a SWA pursuant to § 656.21(h) of the regulations in effect prior to March 28,
2005.
 
Can PERM & RIR co-exist?

Icarus,

Your note refers to conversion of existing RIR cases to PERM cases while retaining the original PD. Thanks.

I think a related question is: is it possible to file an additional PERM for the same alien by the same employer, while a RIR application is in process?

Thanks.

Icarus said:
77392 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations.....§ 656.17 Basic labor certification process....
(d) Refiling Procedures. (1) Employers that filed applications under the
regulations in effect prior to March 28, 2005, may, if a job order has not been
placed pursuant to those regulations, refile such applications under this part
without loss of the original filing date by:
(i) Submitting an application for an identical job opportunity after
complying with all of the filing and recruiting requirements of this part 656;
and
(ii) Withdrawing the original application in accordance with ETA
procedures. Filing an application under this part stating the employer’s desire to use the original filing date will be deemed to be a withdrawal of the
original application. The original application will be deemed withdrawn
regardless of whether the employer’s request to use the original filing date is
approved.
(2) Refilings under this paragraph must be made within 210 days of the
withdrawal of the prior application.
(3) A copy of the original application, including amendments, must be sent to
the appropriate ETA application processing center when requested by the
CO under § 656.20.
(4) For purposes of paragraph (d)(1)(i) of this section, a job opportunity shall
be considered identical if the employer, alien, job title, job location, job
requirements, and job description are the same as those stated in the original
application filed under the regulations in effect prior to March 28, 2005. For
purposes of determining identical job opportunity, the original application
includes all accepted amendments up to the time the application was withdrawn, including amendments in response to an assessment notice from a SWA pursuant to § 656.21(h) of the regulations in effect prior to March 28,
2005.
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RIR/ Non -RIR?

Hi Akharap,

Is yours RIR or non RIR?

Thanks.

akharap said:
My lawyer received the 45 day letter last week

SESA receipt date 01/13/04 (Philadelphia)
DOL receipt date 03/25/04
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Anyone got Letter from BEC who filed New Jersey July 2002 RIR

Hey

My company changed my lawyer in middle of LC process and I am worried if Labor dept. may not have made changes in system and they may send letter to old lawer (who obviously is pissed off)..

Did any one filed in or after July2002 from New Jersey got letter from BEC?.

Also, I am working as Manager in my company and I have BS begree and 5+ years experience (no MS degree). Do you guys think I can file separate PERM with EB2 requirements. My 6 years are completing in May 2004.

Thanks,
 
GotGC?? said:
Icarus,

Your note refers to conversion of existing RIR cases to PERM cases while retaining the original PD. Thanks.

I think a related question is: is it possible to file an additional PERM for the same alien by the same employer, while a RIR application is in process?

Thanks.
Click to expand...

Taken from the PERM Reg publication:

"(ii) Withdrawing the original application in accordance with ETA
procedures. Filing an application under this part stating the employer’s desire to use the original filing date will be deemed to be a withdrawal of the
original application. The original application will be deemed withdrawn
regardless of whether the employer’s request to use the original filing date is
approved."

My guess is that, although not specifically mentioned, concurrent filings within RIR and PERM (not one replacing the other) might progress to a point, but eventually the data would overlap and the duplication discovered. Best case scenario might be one app being dumped; worse case, who knows? I'm sure someone hid a big stick in the legal jargon somewhere.
 
Icarus said:
Taken from the PERM Reg publication:

"(ii) Withdrawing the original application in accordance with ETA
procedures. Filing an application under this part stating the employer’s desire to use the original filing date will be deemed to be a withdrawal of the
original application. The original application will be deemed withdrawn
regardless of whether the employer’s request to use the original filing date is
approved."

My guess is that, although not specifically mentioned, concurrent filings within RIR and PERM (not one replacing the other) might progress to a point, but eventually the data would overlap and the duplication discovered. Best case scenario might be one app being dumped; worse case, who knows? I'm sure someone hid a big stick in the legal jargon somewhere.
Click to expand...

The answer looks to be as same employer, same employee and same job conversion is possible and dump the earlier appln.

The second choice is process with different employer so the current need not be dumped
Beating the loop hole untill it is plugged.
 
RahulatDC said:
Guyz,

Aftr clzeus10 BEC letter, the big question, Is the letter coming out based on SWA receiving date or philly receiving date?? I think we needs more BEC receiving letter information to draw a conclusion.
Click to expand...

After looking at PHilly and Dallas thread , it looks they are currently entering the data based on the files recieved at there end and generating the letters.

Deffinetly they sort the Data on State PD , once they start processing when recieving the replies
 
Processing when?

mnhrdc said:
After looking at PHilly and Dallas thread , it looks they are currently entering the data based on the files recieved at there end and generating the letters.

Deffinetly they sort the Data on State PD , once they start processing when recieving the replies
Click to expand...

Any idea if they will wait to get back the replies for ALL hundreds of outstanding applications before they sort on PD and then start processing??

If so, then I guess they won't start processing for a long time given the time it will take to mail out all the letters and wait for all the replies. :mad: :mad:
 
why so much time just to enter the data ?

I just wonder why don't the people at DOL ask the H4 housewives who are just waiting to get the EADs ;to help them enter data so they can move ahead fast with the GC processing ? I am sure those will be more than willing to do the data entry for free !
 
When will they start processing ?

My guess is they will wait 45 days from the time the first letters were sent out before they start processing. That is why they call it the 45 day letter.

My PD is May 1 2002 (RIR EB2)

(One of the earliest cases to be sent to the Dallas BEC from CA, I would think)

GP111 what do you say, shouldn't my case be one of the first SF cases to be processed ?

By the way I have already recieved and replied to the 45 day letter.

thx :(
 
Last edited by a moderator:
:D Whoopee - small victory along the path

:D Okay my Attorney just emailed me to let me know that they got the 45 day letter today and have already responded. This appears to have been the simpler letter with do the company want to continue response required. She has 25 clients who are waiting and mine is only the second letter she has received. I am also not the longest waiter of her clients.

My details are in the tracker (and below in my signature) and I would appreciate if someone could update the tracker with the BEC letter date of January 4.

Good luck to all of you still waiting. HAPPY NEW YEAR !!!
 
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