Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
USCISisMockery
Registered Users (C)
Guys, I am posting draft version. Please comment on validity of some of the data and also if anything is controversial or offensive. We understand DOL's position (less funding, scarce resources) and we don't want to make it worse. Also this letter was drafter before DOL FAQs were released.
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Thank you very much for taking the time to read this letter.
We are group of professionals (around 300,000) who were promised “land of opportunities”. But after many years of faith in American democracy system, we are loosing hopes and we need help from influential leaders like you.
We will present story of a Jhang from China that represents most of us. Jhang, since childhood was dreaming of wonderland like "America". As brilliant he was, he came to US as student for higher studies after completing his bachelor from China. Using his family savings, he completed his masters and his dream came true when he became part of most dedicated and efficient workforce in the world. His employer was quick to realize his professionalism and intelligence to prepare and apply for his Labor Certificate. It was around November 2001 when his application was filed at NY SWA. By that time all SWA agencies were completely backlogged by 245(i) applications (April 2001) from “illegals”. Hoping that DOL status page will change from April 2001, Jhang spent more than 18 months waiting. Then one day he discovered DOL is processing May 2001 cases, and he got assurance that there is still justice in the system.
But then DOL came up with idea of completely scraping the existing labor certificate system and introducing new "faster" system called PERM. So logically its safe to assume that DOL will adjudicate all existing backlogged cases before implementing new system. But no, DOL added more red tape ness to already chaotic system by eliminating all SWA and created 2 backlog elimination center (BEC). Since December 2004, these two centers are data entering the cases and its being estimated that data entry will continue till end of this year.
Once data entry is completed, DOL will add one more level of entropy by sending "45 day letter" to lawyers and employers and mandating them to acknowledge it. Meanwhile DOL fixes the glitches to PERM system. DOL is estimating that all backlogs will be eliminated within 24-30 months, but looking at current pace it seems very optimistic estimate. Conservative or liberal, democrats or republicans, sane or insane, everybody agrees that legal immigration is better than illegal, but DOL discounted legal immigrants like Jhang so that they can process thousands of 245(i) applications who came to this country illegaly or overstayed their status. Its ironical that DOL will adjudicate application that will be be filled in this year (through PERM) before applications filled in 2001.
Jhang is waiting now to get his 6th year extension to his H1, so that he can stay in the country for one more year. At the age (31) when he is supposed to consolidate his family, raise his children, he is living in uncertainty. In spite of substantial savings, he is renting because he was always 6 months away from his labor. But those 6 months never got reduced. He is postponing expanding his family so that he doesn’t have to raise his new born in new environment. His wife, being on H4 status, she couldn't work so best way to utilize the time was to get further education. These years he denied all promotions, ignored opportunities just so that he doesn't have to start labor process from the beginning.
Nobody, not even his employer or lawyer knows where his file is. DOL doesn’t have any status page where employer or lawyer can get information. Even though he is invaluable employee to his company for 6 years now (and he is being handsomely rewarded), he might have to abruptly stop his life not because of his inability but because of DOL delay.
While in US for 8 years, he contributed financially (paying thousands in taxes, investing in American companies) and socially to the society and now he is more Americanized than Chinese. His normal food is burgers and not noodles.
As a legal, tax-paying and productive member of society, Jhang's career and his spouses working status is stalled by this seemingly never ending unfair wait in the American legal immigration system and is very discouraging and possibly detrimental to the interest of the American global economy in the 21st century.
To honorable officer, we would also like to mention that labor certificate is only first step to gain permanent residency in U.S. With visa retrogressed back to many years, that’s another battle (many years of wait) for Jhang to fight before he sleeps.
Here are some of the suggestions that we think will help our cause.
- Divert resources from Atlanta and Chicago center to eliminate current backlog.
- Set stringent target for DOL to adjudicate all backlogged applications by March 2006.
- Request senate to allocate more funding to DOL for this cause.
- Stop "45 day letters" formality.
We request you to set up an inquiry to DOL backlog and take immediate action to eliminate it so that many “Jhangs” keep on serving the greatest country on earth.
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
Thank you very much for taking the time to read this letter.
We are group of professionals (around 300,000) who were promised “land of opportunities”. But after many years of faith in American democracy system, we are loosing hopes and we need help from influential leaders like you.
We will present story of a Jhang from China that represents most of us. Jhang, since childhood was dreaming of wonderland like "America". As brilliant he was, he came to US as student for higher studies after completing his bachelor from China. Using his family savings, he completed his masters and his dream came true when he became part of most dedicated and efficient workforce in the world. His employer was quick to realize his professionalism and intelligence to prepare and apply for his Labor Certificate. It was around November 2001 when his application was filed at NY SWA. By that time all SWA agencies were completely backlogged by 245(i) applications (April 2001) from “illegals”. Hoping that DOL status page will change from April 2001, Jhang spent more than 18 months waiting. Then one day he discovered DOL is processing May 2001 cases, and he got assurance that there is still justice in the system.
But then DOL came up with idea of completely scraping the existing labor certificate system and introducing new "faster" system called PERM. So logically its safe to assume that DOL will adjudicate all existing backlogged cases before implementing new system. But no, DOL added more red tape ness to already chaotic system by eliminating all SWA and created 2 backlog elimination center (BEC). Since December 2004, these two centers are data entering the cases and its being estimated that data entry will continue till end of this year.
Once data entry is completed, DOL will add one more level of entropy by sending "45 day letter" to lawyers and employers and mandating them to acknowledge it. Meanwhile DOL fixes the glitches to PERM system. DOL is estimating that all backlogs will be eliminated within 24-30 months, but looking at current pace it seems very optimistic estimate. Conservative or liberal, democrats or republicans, sane or insane, everybody agrees that legal immigration is better than illegal, but DOL discounted legal immigrants like Jhang so that they can process thousands of 245(i) applications who came to this country illegaly or overstayed their status. Its ironical that DOL will adjudicate application that will be be filled in this year (through PERM) before applications filled in 2001.
Jhang is waiting now to get his 6th year extension to his H1, so that he can stay in the country for one more year. At the age (31) when he is supposed to consolidate his family, raise his children, he is living in uncertainty. In spite of substantial savings, he is renting because he was always 6 months away from his labor. But those 6 months never got reduced. He is postponing expanding his family so that he doesn’t have to raise his new born in new environment. His wife, being on H4 status, she couldn't work so best way to utilize the time was to get further education. These years he denied all promotions, ignored opportunities just so that he doesn't have to start labor process from the beginning.
Nobody, not even his employer or lawyer knows where his file is. DOL doesn’t have any status page where employer or lawyer can get information. Even though he is invaluable employee to his company for 6 years now (and he is being handsomely rewarded), he might have to abruptly stop his life not because of his inability but because of DOL delay.
While in US for 8 years, he contributed financially (paying thousands in taxes, investing in American companies) and socially to the society and now he is more Americanized than Chinese. His normal food is burgers and not noodles.
As a legal, tax-paying and productive member of society, Jhang's career and his spouses working status is stalled by this seemingly never ending unfair wait in the American legal immigration system and is very discouraging and possibly detrimental to the interest of the American global economy in the 21st century.
To honorable officer, we would also like to mention that labor certificate is only first step to gain permanent residency in U.S. With visa retrogressed back to many years, that’s another battle (many years of wait) for Jhang to fight before he sleeps.
Here are some of the suggestions that we think will help our cause.
- Divert resources from Atlanta and Chicago center to eliminate current backlog.
- Set stringent target for DOL to adjudicate all backlogged applications by March 2006.
- Request senate to allocate more funding to DOL for this cause.
- Stop "45 day letters" formality.
We request you to set up an inquiry to DOL backlog and take immediate action to eliminate it so that many “Jhangs” keep on serving the greatest country on earth.
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a suggestion
How about approaching an Industry leader like Bill Gates with our problems? Microsoft employs hundreds of 'aliens' (GOD How i hate that term!)
Maybe we can get his attention by talking to him about how DOL is treating our labor petitions and maybe... jsut maybe he would be able to talk to some senator / DOL itself on our behalf!
what say?
MUD
How about approaching an Industry leader like Bill Gates with our problems? Microsoft employs hundreds of 'aliens' (GOD How i hate that term!)
Maybe we can get his attention by talking to him about how DOL is treating our labor petitions and maybe... jsut maybe he would be able to talk to some senator / DOL itself on our behalf!
what say?
MUD
sick_of_waiting
Registered Users (C)
gp111 said:
Thanks Buddy!
pennwaiting
Registered Users (C)
sick_of_waiting said:
My guess is it is a typo. Otherwise, it is strange.
PainfulGC123
Registered Users (C)
Bill Passed to Provide Limited Relief from Retrogression
Posted May 04, 2005
H.R. 1268, a bill that was primarily intended to provide supplemental appropriations for defense, the global war on terror, and tsunami relief, has been passed by both the U.S. House of Representatives and the U.S. Senate. However, it contains some important immigration provisions. The House and Senate announced on May 3, 2005 that they have reached an agreement on the final wording of the Bill. This Bill is not yet enacted into law, but is expected to be signed by the President, which will finalize it into law.
The Bill would amend the provision of AC21 that released certain unused visa numbers to all employment-based categories. In H.R. 1268, 50 percent of these employment-based visa numbers are allocated solely to Schedule A cases, which affects nurses and physical therapists. This would be quite helpful to nurses and physical therapists, occupations in high demand in the U.S. It would also be helpful to address the current retrogression problem in the EB-3 category. Of course, this is a short-term solution. Details of this Bill will be made available in our May 6, 2005 MurthyBulletin and on MurthyDotCom.
SOURCE:
http://www.murthy.com/nflash/nf_050405.html
Posted May 04, 2005
H.R. 1268, a bill that was primarily intended to provide supplemental appropriations for defense, the global war on terror, and tsunami relief, has been passed by both the U.S. House of Representatives and the U.S. Senate. However, it contains some important immigration provisions. The House and Senate announced on May 3, 2005 that they have reached an agreement on the final wording of the Bill. This Bill is not yet enacted into law, but is expected to be signed by the President, which will finalize it into law.
The Bill would amend the provision of AC21 that released certain unused visa numbers to all employment-based categories. In H.R. 1268, 50 percent of these employment-based visa numbers are allocated solely to Schedule A cases, which affects nurses and physical therapists. This would be quite helpful to nurses and physical therapists, occupations in high demand in the U.S. It would also be helpful to address the current retrogression problem in the EB-3 category. Of course, this is a short-term solution. Details of this Bill will be made available in our May 6, 2005 MurthyBulletin and on MurthyDotCom.
SOURCE:
http://www.murthy.com/nflash/nf_050405.html
My understanding of DOL/BPC FAQ document is everything will be AS SOON AS. How soon? who knows? may be next Secretary of DOL or next Chief of ETA
There are no any schedule, because they never follow the schedule before so the best way is no schedule.
Great Job, Can we do the same way in company?
I don't care the detail of procedure and just want to know the result, when my case can be processed.
In America everything need an apointment, I just need an little apointment with DOL. The response is "We are not able to ......", standard DOL phrase.
It will take no more 10 minutes to decide a case actually.
Hope we can clear BPC before next election!
There are no any schedule, because they never follow the schedule before so the best way is no schedule.
Great Job, Can we do the same way in company?
I don't care the detail of procedure and just want to know the result, when my case can be processed.
In America everything need an apointment, I just need an little apointment with DOL. The response is "We are not able to ......", standard DOL phrase.
It will take no more 10 minutes to decide a case actually.
Hope we can clear BPC before next election!
sick_of_waiting
Registered Users (C)
pennwaiting said:
No it is not a typo. After a large acquisition it takes time for policies and procedures to integrate. I was still getting the paycheck from the old company thus we filed as the old company. Who knew it would take three years without any decision back then.
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I had a dream
I had a dream last night that I received a letter from BRC/BEC, in the letter they said they didn't receive any reply of 45 days letter from VA, so they thought it must be sth. wrong in their office, so they decided to give us a second opportunity to reply this 20 days letter, ( how considerate are they).
In the letter, they try to gain more information helping their data processing. So they seperated us into different groups, I fell into the group of "Workers using their math and logic skills", so I need to answer several logic questions. One of them is find the most logical consistant pictures from 4 picture with a given one. I immediately found that the similarity is in the direction of the shadow. How smart am I, I was proud of myself in the dream hoping the perfect score will give my case a higher priority in their queue.
Then in the morning, I told my husband my dream immediately, but before I finished, he said he also had a dream last night, in the dream we went back to our home country.
How a coincident! How two realistic dream! Be prepared for the 20 days letter and the logic questions!
I had a dream last night that I received a letter from BRC/BEC, in the letter they said they didn't receive any reply of 45 days letter from VA, so they thought it must be sth. wrong in their office, so they decided to give us a second opportunity to reply this 20 days letter, ( how considerate are they).
In the letter, they try to gain more information helping their data processing. So they seperated us into different groups, I fell into the group of "Workers using their math and logic skills", so I need to answer several logic questions. One of them is find the most logical consistant pictures from 4 picture with a given one. I immediately found that the similarity is in the direction of the shadow. How smart am I, I was proud of myself in the dream hoping the perfect score will give my case a higher priority in their queue.
Then in the morning, I told my husband my dream immediately, but before I finished, he said he also had a dream last night, in the dream we went back to our home country.
How a coincident! How two realistic dream! Be prepared for the 20 days letter and the logic questions!
IllinoisGC
Registered Users (C)
Few changes from my perspective
To me the whole letter is asking for a favor(in a capitalistic country would that work?) instead give a right reasons and necessity to retain this ‘valuable’ crowd - why do this crowd needs better customer service and how that affects the future business (may have to use different indirect language..)
So how about adding the following points?
In these 8 years how Jhang has become valuable to the economic by acquiring and utilizing the knowledge and skills (which sensible country wants to loose valuable resource?)
So far America is known for pro-immigration and land of opportunities for many talented and we wonder why the current treatment?
A quick feedback from the following authorities would prove more: (can add more points here)
• IRS – for tax records (how much they gain on legal immigrants and on the other hand how much they loose on illegal workers) [ economic progress ]
• Police – for Criminal records (hardly find any) [ social responsibility ]
• Employers (ask them how productive they are) [ productivity ]
We need not to explain the below:
• Explaining/complaining about PERM
• With struggling economy people may not like Jhang’s wife also want to work (though we may see as freedom that may mean different – loosing one more job)
Here people might have better ideas to add/edit – you’re welcome!
PS: The hardest thing I find here is that 'they' know many of these things
To me the whole letter is asking for a favor(in a capitalistic country would that work?) instead give a right reasons and necessity to retain this ‘valuable’ crowd - why do this crowd needs better customer service and how that affects the future business (may have to use different indirect language..)
So how about adding the following points?
In these 8 years how Jhang has become valuable to the economic by acquiring and utilizing the knowledge and skills (which sensible country wants to loose valuable resource?)
So far America is known for pro-immigration and land of opportunities for many talented and we wonder why the current treatment?
A quick feedback from the following authorities would prove more: (can add more points here)
• IRS – for tax records (how much they gain on legal immigrants and on the other hand how much they loose on illegal workers) [ economic progress ]
• Police – for Criminal records (hardly find any) [ social responsibility ]
• Employers (ask them how productive they are) [ productivity ]
We need not to explain the below:
• Explaining/complaining about PERM
• With struggling economy people may not like Jhang’s wife also want to work (though we may see as freedom that may mean different – loosing one more job)
Here people might have better ideas to add/edit – you’re welcome!
PS: The hardest thing I find here is that 'they' know many of these things
USCISisMockery said:
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USCISisMockery
Registered Users (C)
IllinoisGC said:To me the whole letter is asking for a favor(in a capitalistic country would that work?) instead give a right reasons and necessity to retain this ‘valuable’ crowd - why do this crowd needs better customer service and how that affects the future business (may have to use different indirect language..)
So how about adding the following points?
In these 8 years how Jhang has become valuable to the economic by acquiring and utilizing the knowledge and skills (which sensible country wants to loose valuable resource?)
So far America is known for pro-immigration and land of opportunities for many talented and we wonder why the current treatment?
A quick feedback from the following authorities would prove more: (can add more points here)
• IRS – for tax records (how much they gain on legal immigrants and on the other hand how much they loose on illegal workers) [ economic progress ]
• Police – for Criminal records (hardly find any) [ social responsibility ]
• Employers (ask them how productive they are) [ productivity ]
We need not to explain the below:
• Explaining/complaining about PERM
• With struggling economy people may not like Jhang’s wife also want to work (though we may see as freedom that may mean different – loosing one more job)
Here people might have better ideas to add/edit – you’re welcome!
PS: The hardest thing I find here is that 'they' know many of these things
Here I tried to take different route than other sample letters; revealing our emotional side.
Also, I would like to clearify that target audience of this letter is senators and CEOs (Bill Gates, Scott McNealy) only and not any officer or news editor.
Thanks for your comment, I will try to change it according to your suggestion.
I am thinking of adding the fact that he even never got speeding ticket. He is afraid raising his opinion thinking that, that might offend higher authority.
I am also adding some statistics
- how much tax he paid till now (as IllinoisGC suggested)
- how much illegals are burden on our system
- whats pace of DOL data entering, how many more months it will take to complete all data entry. (Justwatching I need your help with these)
I like idea of telling our grief to Bill Gates or some other CEO of big firms (as someone suggested in some forum).
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sick_of_waiting
Registered Users (C)
I finally got a reply to the email I sent to Secretary Chao. This is a standard response with no name in it but at least it acknowledges that they have my application with the affirmative response to the 45-day letter.
GCSyndrome
Registered Users (C)
In fact you receive a similar response if you email DOL directly at status@DAL.DFLC.US with some delay. Currently, DOL is taking a month to reply to a case status emailsick_of_waiting said:
USCISisMockery
Registered Users (C)
my2cents said:
You are just reaffirming our analysis. Some members came to same conclusion early enough but some are still full of hope. And I think most people lost hope completely (I am judging from the response I got from my initiative, only 10-15 members replied). If you see profiles of some of the DOL officials ( I have link in my thread) everything starts making sense.
Whats really ironical is that some unwary members are still predicting and analyzing when DOL will adjudicate their case. Its like analyzing your probability of winning the lottery when you dont know when is the draw. And even worse you don't know whether its pick 10 or pick 1000.
I was doing the same thing (guessing when my labor will be processed) when my labor was filed, but after going through monstrous ride (DOL started processing May 2001 and everything was going fine till it was abruptly halted), I stopped guessing; now I am just praying.
I am totally with you...
It is highly demeaning that such feeling of desperation are cropping up in people who are not seeing any furthering of their cases and they dont want to go back. I also feel like a slave here with H1 and the reason I want to have GC is that I want to be able to have the freedom of choosing which company or cournty I want to work for. I should make the call and not "them."
And I also know where the people who are so desperate to get their GC are coming from. A lot of the desperation stems from the fact that they do not have educational qualification/family ties/ respect/ fiscal solvency in India like they have here in the US. People from affluent families or people who are confident and are not afraid of the competition do not mind being any where in the world. Once one has tasted the comfort and luxury of easy money, one is afraid to go back to one's not-so-great habitat. But we should realise that instead of loosing hope we should create hope. We should understand what is missing in our country. Things which we can change and make it so good that there is no difference between the comforts here and there.
Nothing beats the social living in India though, I do not want to go on much longer for fear of sounding pedantic but we should keep in mind that Inida IS our HOME country and will and should ALWAYS be. So reap the benefits while you can, make hay.....
An Indian
It is highly demeaning that such feeling of desperation are cropping up in people who are not seeing any furthering of their cases and they dont want to go back. I also feel like a slave here with H1 and the reason I want to have GC is that I want to be able to have the freedom of choosing which company or cournty I want to work for. I should make the call and not "them."
And I also know where the people who are so desperate to get their GC are coming from. A lot of the desperation stems from the fact that they do not have educational qualification/family ties/ respect/ fiscal solvency in India like they have here in the US. People from affluent families or people who are confident and are not afraid of the competition do not mind being any where in the world. Once one has tasted the comfort and luxury of easy money, one is afraid to go back to one's not-so-great habitat. But we should realise that instead of loosing hope we should create hope. We should understand what is missing in our country. Things which we can change and make it so good that there is no difference between the comforts here and there.
Nothing beats the social living in India though, I do not want to go on much longer for fear of sounding pedantic but we should keep in mind that Inida IS our HOME country and will and should ALWAYS be. So reap the benefits while you can, make hay.....
An Indian
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Delaying Tactics
1- Majority American do not want immigrant except attorney because they make money from us.
2- Delaying tactics to reduce and discourage new flood of immigrant.
3- Specially India economy growth over 7% per year is world envy now.
4- 45 days is a another drama and delaying tactics so that those are here with 6th year,7 year and 8th year H1B visa. Let all H1B expire so that some of them will go back and some of them become illegal alian.
5- The plan for $1000 Perm labor application processing fees was under consideration but later they took it away. The only reason they took it away so that they can easily deny maximum and approve minimum number of application.
6- Real world Backlog Processing means stretching process as much as you can. No one can complain because all immigrant.
7- May be after a year or two, sorry folks this Backlog Processing does not work so need another quick fix, with some new name like "Backlog Zero Center".
8- They are prety much sure that out 300,000+ labor aspirant atleast 50% will go back when their visa ends. And another 50% becoms illegal immigrant, and will them a solid chance to deport them.
9- This way they can only Achieve 6 Months of I-485 Processing time and reduce backlogs at USCIS, but also would able drive out many GC apspirant.
Sorry Folks.
1- Majority American do not want immigrant except attorney because they make money from us.
2- Delaying tactics to reduce and discourage new flood of immigrant.
3- Specially India economy growth over 7% per year is world envy now.
4- 45 days is a another drama and delaying tactics so that those are here with 6th year,7 year and 8th year H1B visa. Let all H1B expire so that some of them will go back and some of them become illegal alian.
5- The plan for $1000 Perm labor application processing fees was under consideration but later they took it away. The only reason they took it away so that they can easily deny maximum and approve minimum number of application.
6- Real world Backlog Processing means stretching process as much as you can. No one can complain because all immigrant.
7- May be after a year or two, sorry folks this Backlog Processing does not work so need another quick fix, with some new name like "Backlog Zero Center".
8- They are prety much sure that out 300,000+ labor aspirant atleast 50% will go back when their visa ends. And another 50% becoms illegal immigrant, and will them a solid chance to deport them.
9- This way they can only Achieve 6 Months of I-485 Processing time and reduce backlogs at USCIS, but also would able drive out many GC apspirant.
Sorry Folks.
orissa said:
my take on this..
There is nothing wrong in this US being Capitalist Country. If I would be running my business I do the same thing. WE ARE HERE BY OUR OWN CHOICE .. & WAITING FOR GC AT OUR CHOICE.. No One in US is forcing us to stay us & stay in Queue. If Countries like India (which is my home country too) is getting benifitted by Capitalism of US ( know that most of the India's economic growth due to IT/BPO still depends on USA) some of us may have tos suffer due to that. No point in keep on complaining.
I would like to be more positive, proactive & educated in this long waiting killing process so that I can be helpful to Some of the Future Immigrants ( by advice, Voting, Campaigning, Contributing to new standards etc etc..)
ALSO THERE IS NOTHING WRONG IN WAKING UP IN MY HOME COUNTRY.. I WISH I COULD DO THAT !!...
whatheheck
Registered Users (C)
nimraj said:
Many of us know what B2B, B-to-B, and B2C, B-to-C means. Now most of the Business Analysts in US are started saying that
B2B means "Back to Bangalore" and B2C means "Back to China"
These countries are on "Brain Gain" path while US chose "Brain Drain". This is the reality. According to one survey, almost 40% of the immigrants have gone back to their own country.
As nimraj said, i am looking for GC just to make my life easy so that i can have freedom, democracy, independent in choosing what i want.
My advice to fellow buddies who are on 5th, 6th year and 7,8,9,10,11...nth year extention.
As i said earlier save as much as you can, convert them into your local currency before value drops. If i remember correctly the exchange rate was $1 = Rs49.25 some 2 yrs back. Now its only Rs 43.10. Nearly 12 to 13% drop.
Hi! I got thois from other forum.... well maybe you have read it already....
http://atlas.doleta.gov/foreign/pdf/backlog_faqs_5-2-05.pdf
http://atlas.doleta.gov/foreign/pdf/backlog_faqs_5-2-05.pdf