Philadelphia Backlog Elimination Center Tracking

aycy said:
You need a visa stamp to enter the country. By the way, you should post this question in an appropriate forum. This forum is for Philly Backlog Elimination Center related matters.
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i think you are wrong. if the visit is for less than 31 days, and he doesn't apply for a new stamp, he does not need a stamp to re-enter, just a valid I-94.

btw, you are right on the second point
:)
 
Labor Certification(regular) ... help please!

friends,

Three years back my company applied for my LC(regular). When we filed the application, we put "Computer software engineer" in item-9(in form Part-B, item-9 is "Occuption in which alien is seeking work"). Actually my job title is "Application Programmer" and my nature of job is computer programming. Since we didn't find any job title (in the DOL database) with this name, we put computer software engineer. After we filed the application only we realized that we should have put "Computer programmer" or "Systems analyst" as the occuption in item-9(Part-B). The job description we put in Part-A is actually the job description of a programmer(which is my actual job duties), not a computer software engineer. Now my question is,
1) will this job description and job title(part-B, item-9) mismatch cause any problem?
2) Is there any way to correct this mistake? I mean, changing the "computer software engineer" to systems analyst or programmer? Because, the prevailing wages for computer software engineer is very high.
3) Will the BEC(backlog center) determine the prevailing wage based on the "Occuption in which alien is seeking work"(Part-B, item-9) or the job duties mentioned in part-A?
4) Will the BEC use the 2005 database(if they open my case this year) to check the prevaling wage or 2002 database(since we filed in 2002)?

Could you please give me some suggestions?

Thank you so much

P.S. I am sorry if this is not the correct thread to post this...
 
mvinays said:
SCHEDULE A OCCUPATIONS

The Department of Labor has determined that there are not sufficient United States workers who are able, willing, qualified, and available for certain occupations, and that employment of aliens in these occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed. Those occupations are listed under two groups on Schedule A.

Group I:
(a) Physical Therapists who possess all the qualifications necessary to take the PT licensing exam in the state in which they propose to practice.
(b) Professional Registered Nurses who have passed the Commission on Graduates of Foreign Nursing School (CGFNS) Exam; or who hold a full and unrestricted license to practice professional nursing in the state of intended employment

Group II:
Aliens (except for aliens in the performing arts) of exceptional ability in the sciences or arts including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the U.S.

SOURCE:
http://www.immspec.com/scha.htm
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GP111,

IS this group-II only for EB-2 ?
I did not see any discussion on how much this will impact the VISA number availability. How much time does it typically take for this to become a law? Remember that BUSH signed the PERM stuff way back in jan' 04 and finally it is available from mar'05. This may be less controversial, but u never know. Can u throw more light on this.
--MC
 
Keep it up, USCISisMockery ....

USCISisMockery,

I think part of the reason you are not getting the response you wanted is because most of us have already been through one round of it. Like you, quite a few of us were exhorting everybody to quit moaning and slam the morons (almost criminals, actually) who are responsible for these inhuman delays. Their answer was to roll out PERM, which was meant to solve all problems. We also got smarter. We realized that we've got to hit the 'right' people to make it more effective. Even if millions of us shout and cry to the administration guys, you wont get the attention you think you'll get, as we cannot vote and any 'government servant' will listen only to those who will affect their future. But don't get me wrong, it is definitely not a lost cause. We just have to find the right 'channels' (of voters of course - typically immigrant associations/lawyers or ACLU) to voice our anguish, and highlight our plight nationwide. The other very important aspect is to highlight our plight to people who are not yet here. Spread the word in your respective countries that coming and staying in the US can turn out to be a NIGHTMARE! Actively discourage immigration to the US, spread it in your countries' newspapers (they'll devour it) and decrease the flow of immigrants dramatically. Once this issue hits the headlines in your country, it will hit the headlines over here too. Then, some administration people might start to take notice.
 
Phily Currently Processing Apr2001

Hi All,

I just found put that Phily is currently processing applications with Processing Date: Apr2001. So stay tuned for approvals. There havent been able to distinguish between Regular or RIR yet. Though they say indicate that they both are treated differently I suspect them.

Anyways I am still an Year away from approval I guess since they are processing Apr 2001 now :(


Processing Date Apr 2002
Received in Backlog center 45 day letter Dec 28 2004
Replied back on Jan 7 th 2005

kind Regards
 
aprlc2002 said:
Hi All,

I just found put that Phily is currently processing applications with Processing Date: Apr2001. So stay tuned for approvals. There havent been able to distinguish between Regular or RIR yet. Though they say indicate that they both are treated differently I suspect them.

Anyways I am still an Year away from approval I guess since they are processing Apr 2001 now :(


Processing Date Apr 2002
Received in Backlog center 45 day letter Dec 28 2004
Replied back on Jan 7 th 2005

kind Regards
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Could you also Please let us know how did you get this information. Any web sites, from friend, attorneys...?
 
Confirmation e-mail

Hi I got this info from My attorney. He when sent a query notice for a petition which he applied. Though he sent did not get any documented approval, he got an e-mail confirmation saying that it has been ceritified.

I have been bugging him almost once every week. He just mailed me a while ago.

Excerpt of the content.

......The ETA case No: P-88888-88888 has been certified......

Processing Date Apr 2002
Received in Backlog center 45 day letter Dec 28 2004
Replied back on Jan 7 th 2005

Category EB2 RIR
State VA


Kind regards
 
Also according to him, Only PD matters during this BRC certification process and nothing else would. I mean moving to Federal, or date of 45 day letter receipt etc.... As I indicated before we cannot say how RIR and non RIR were treated. well In any case at this time at BRC only PD matters and nothing else.

Processing Date Apr 2002
Received in Backlog center 45 day letter Dec 28 2004
Replied back on Jan 7 th 2005

Category EB2 RIR
State VA
 
Pl. Clearify

aprlc2002 said:
Hi I got this info from My attorney. He when sent a query notice for a petition which he applied. Though he sent did not get any documented approval, he got an e-mail confirmation saying that it has been ceritified.

I have been bugging him almost once every week. He just mailed me a while ago.

Excerpt of the content.

......The ETA case No: P-88888-88888 has been certified......

Processing Date Apr 2002
Received in Backlog center 45 day letter Dec 28 2004
Replied back on Jan 7 th 2005

Category EB2 RIR
State VA


Kind regards
Click to expand...

Hi aprlc2002
Do you mean to say your case got Certified(With PD-04/2002)?
 
Nope If you read my whole thread then u will understanding of this. Philly BRC is processing Apr 2001 Petitions not Apr 2002
 
BRC a mad house !

There is no PD,no 45 day love letter etc. They are processing the way they want. There are people who are ahead of you and never got approved...

THIS IS A MAD PLACE TO BE :mad:
 
aprlc2002 said:
Nope If you read my whole thread then u will understanding of this. Philly BRC is processing Apr 2001 Petitions not Apr 2002
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wait a minute, you got me confused man, are you saying your case is certified and since BRC is processing April 2001 they will not release your LC? You said your att. got an email about confirmation and BRC is processing April 2001 :confused:
 
No Confusion:

My PD is 2002 and at with my Att there are several other cases pending including mine. When he sent a request asking the status since it is 90 days past on all the petitions after he answered 45 day letter, He got a reply back for one petition which was applied in Apr 2001 saying that it was certified. And received no response on any other Cases.

Kind regards
 
Thanks

aprlc2002 said:
My PD is 2002 and at with my Att there are several other cases pending including mine. When he sent a request asking the status since it is 90 days past on all the petitions after he answered 45 day letter, He got a reply back for one petition which was applied in Apr 2001 saying that it was certified. And received no response on any other Cases.

Kind regards
Click to expand...

Now it makes sense. I was little confused to understand what you were trying to quote.

Was the Case that got certified (04/2001) from Philly or was it from Dallas BEC?
Thanks.
 
aprlc2002 said:
My PD is 2002 and at with my Att there are several other cases pending including mine. When he sent a request asking the status since it is 90 days past on all the petitions after he answered 45 day letter, He got a reply back for one petition which was applied in Apr 2001 saying that it was certified. And received no response on any other Cases.

Kind regards
Click to expand...
Thanks for sharing the info with us..
could you get more on this approved LC..
RiR or Non RIR --> RIR right?
which BEC approved? -- Phlly BEC right?
Is it transfferred from regional or State to BEC? ?
 
New To Fourm Seem To Like It
Pd 05/2004 - Ky
Rd - ??alt
Rir
45 Days Letter Received And Maild Back In March
New Eta 3 P-05014-2xxxx

Please Add Me To The Tracker And If Some One Can Help Me Know How Long Will My Wait For Gc Will Be?????????
 
Little off question but still relates to Labor

I am waiting for my labor approval since DEc 2002. I complete my six years on H1-B this November and then will apply for 7th year extension as my labor is pending for more than 1 year. My wife is on H1b and we both came US of A in Nov 1999. She was on H1b for only 1 year and since last month she is back on H1b back again. in between she was on h4. Since her tenure of 6 years on H visa is completed this november her exisitng h1-b cannot be extended. My question is that since my labor is pending for more than 1 year now does she have eligibility of her h1b also extended for 7th year.
Thanks in advance.

My info
PD - 12/2002
Recieved at regional - 8/2003
recieved 45 days letter - 12/2004
replied back - 01/2005 (now more than 90 days)
EB3 RIR
 
san27geet said:
I am waiting for my labor approval since DEc 2002. I complete my six years on H1-B this November and then will apply for 7th year extension as my labor is pending for more than 1 year. My wife is on H1b and we both came US of A in Nov 1999. She was on H1b for only 1 year and since last month she is back on H1b back again. in between she was on h4. Since her tenure of 6 years on H visa is completed this november her exisitng h1-b cannot be extended. My question is that since my labor is pending for more than 1 year now does she have eligibility of her h1b also extended for 7th year.
Thanks in advance.

My info
PD - 12/2002
Recieved at regional - 8/2003
recieved 45 days letter - 12/2004
replied back - 01/2005 (now more than 90 days)
EB3 RIR
Click to expand...



1. Wrong Forum, I guess. Answers to this can be found in the correct one.
2. To answer your question, NO. Her H1-B can be extended for a 7th year ONLY if she has her own Labor App in process for more than a year. However, she is eligible for a 7th year extension on her H-4 since you are eligible for a 7th year ext on H-1.

I was in similar boat. Came to USA on Feb 1999 and my wife was also on H1. Had to leave her job and get an H-4 from last Feb.
 
san27geet said:
I am waiting for my labor approval since DEc 2002. I complete my six years on H1-B this November and then will apply for 7th year extension as my labor is pending for more than 1 year. My wife is on H1b and we both came US of A in Nov 1999. She was on H1b for only 1 year and since last month she is back on H1b back again. in between she was on h4. Since her tenure of 6 years on H visa is completed this november her exisitng h1-b cannot be extended. My question is that since my labor is pending for more than 1 year now does she have eligibility of her h1b also extended for 7th year.
Thanks in advance.

My info
PD - 12/2002
Recieved at regional - 8/2003
recieved 45 days letter - 12/2004
replied back - 01/2005 (now more than 90 days)
EB3 RIR
Click to expand...

My answer differs from Krik's answer. I have personally heard this answer from Attorney Rajiv Khanna:

I remember him mentioning that his office has successfully obtained 7th / 8th year H-1B extensions for a person based on his/her spouse's LC pending for more than one year. Please schedule a telephone consultation with him if you want to hear this from him first hand.
 
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