Philadelphia Backlog Elimination Center Tracking

Forum members please do this.....

I have sent this e-mail to the US senators of my state and to John McCain and edward kennedy. I think for all of us in the GC nightmare should do the same. This is the only way out, we do not lose anything.

Respected Senator:

I am a software professional , working in this great country for the last 5+ years. Since I am suffering from our immigration back logs, I had been avidly watching the progress on McCain-Kennedy bill, S. 1033. With the October 2005 visa bulletin, EB 3 has retrograded to 1-Jan-98 for individuals from India, which gives me no hope of being a permanent resident any where in near future. Like other legal non-immigrants, we are looking forward the passage of your bill to provide the much needed relief for us who have been stuck in this DOL / USCIS backlogs.

While I do understand there are high priority items due to sudden events that the senate needs to attends. The legal immigrant community would be very thankful if the above bills are also addressed to alleviate the suffering of the long wait to become a lawful permanent resident.

PLEASE HELP US

Thank You
XXX

You could find the link to you senator through this site
http://www.senate.gov/
 
Stick with BEC

Looking at the visa bulletin and the retrogreassion your best bet
is to stick in BEC. Your early PD is more important than ever
before now.

keviv4 said:
Hi All,

I had a few extension/retrogressoin questions:

My situation:

(1). My H1-B ends April 1, 2007.

(2). I have an RIR EB2 CA PD 09/02 at PBEC but it has several errors and I have been advised to reapply via PERM.

(3). My company is in the process of figuring out the logistics related to PERM and seems to be willing to file PERM but it's unsure how soon (1-6 months? longer?)


My questions:

(1). How late can I file PERM and not have to worry about my H1-B extensions? I've heard conflicting views:

(View a). I need to file PERM 1 year in advance ie. by April 2006 to qualify for H1-B extensions.

(View b). I can file PERM after April 2006 and as long as I have PERM approved and I file for I-140 one week before April 1, 2007, I can extend my H1-B based on a pending I-140.

Which of these is correct?

I'm looking at the scenario that my current RIR application gets rejected (say in the next month or two) and my company is not geared up to file PERM by April 2006.


(2). How does all this change with EB2 retrogresses for India?


Thanks!
Click to expand...
 
1) It is possible to get extension based on old LC. Read the document (for H1B extension; page 7-8) numbered HQPRD 70/6.2.8-P and publicly available at http://uscis.gov/graphics/lawsregs/handbook/chronpol.htm
2) It is also possible to switch RIR to PERM keeping old priority date. You can read that in one of the "PERM faq set Round 1-5" on left side at http://www.ows.doleta.gov/foreign/times.asp.

Since you are in EB2 RIR Sept02, you may see you BRC approval in next six months.

Good luck.

keviv4 said:
Hi All,

I had a few extension/retrogressoin questions:

My situation:

(1). My H1-B ends April 1, 2007.

(2). I have an RIR EB2 CA PD 09/02 at PBEC but it has several errors and I have been advised to reapply via PERM.

(3). My company is in the process of figuring out the logistics related to PERM and seems to be willing to file PERM but it's unsure how soon (1-6 months? longer?)


My questions:

(1). How late can I file PERM and not have to worry about my H1-B extensions? I've heard conflicting views:

(View a). I need to file PERM 1 year in advance ie. by April 2006 to qualify for H1-B extensions.

(View b). I can file PERM after April 2006 and as long as I have PERM approved and I file for I-140 one week before April 1, 2007, I can extend my H1-B based on a pending I-140.

Which of these is correct?

I'm looking at the scenario that my current RIR application gets rejected (say in the next month or two) and my company is not geared up to file PERM by April 2006.


(2). How does all this change with EB2 retrogresses for India?


Thanks!
Click to expand...
 
Last edited by a moderator:
Good Job.

You are doing great help to all of us. There are two bills (McCain-Kennedy bill, S. 1033 & Cornyn-Kyl bill, S.1438) in process. Let all of us write letters or email to persuade members to Senate and Congress to at least vote on these bills. I am sure one of these bills will be through. Else we wait for 5-6 years (year 2010-2011) for Visa dates to become current.


vikram_p said:
I have sent this e-mail to the US senators of my state and to John McCain and edward kennedy. I think for all of us in the GC nightmare should do the same. This is the only way out, we do not lose anything.

Respected Senator:

I am a software professional , working in this great country for the last 5+ years. Since I am suffering from our immigration back logs, I had been avidly watching the progress on McCain-Kennedy bill, S. 1033. With the October 2005 visa bulletin, EB 3 has retrograded to 1-Jan-98 for individuals from India, which gives me no hope of being a permanent resident any where in near future. Like other legal non-immigrants, we are looking forward the passage of your bill to provide the much needed relief for us who have been stuck in this DOL / USCIS backlogs.

While I do understand there are high priority items due to sudden events that the senate needs to attends. The legal immigrant community would be very thankful if the above bills are also addressed to alleviate the suffering of the long wait to become a lawful permanent resident.

PLEASE HELP US

Thank You
XXX

You could find the link to you senator through this site
http://www.senate.gov/
Click to expand...
 
The backlog started in April 2001

Practically speaking. All the people here (except very few non-RIR cases) have PD after April 2001. If you do have an earlier PD, please let us know. April 2001 is the cut off date that started the backlog. And as far as I know, most of the people who have PD earlier than April 2001 already had GC. In that case, where are these people (1998-2001) come from?
 
H1 transfer on extensions

Hi All,

I am a avid reader of these forums , since it gives me lot of important insight into things which matter to all of us. First information about my case,
I got my labour approval last month, PD is feb 2002, filed from philly EB3, non RIR, went to regional(don;t remember when) went to PBEC-got 45 day letter in april this year. final certification recvd in aug end.
Now the question i want to ask- i am in 7th year extension right now. Since my labour got cleared my lawyer filed 140 earlier this month. i was waiting for october bulletin which we all know means what to us!! I don't want to hope or aspire now because i will believe all the optimistic explanations when i actually see dates moving forward(maybe after nov/dec)
I read that once ur 140 is approved u can get 3 year extensions of h1 (instead of the regular 1 year extensions that we can get rite now), as of now march 2005 is being processed for 140 in vermont, so i assume in another 5-6 months i might get the 140 approved. i also read in this forum that onve 140 is approved-the PD sticks to us and we can change employers and keep our PD with us?? is this 100% confirmed?i know we will have to process LC and 140 etc. all over again with the new employer but if the PD sticks to me then i don't think there shud be problem in getting the new certification also. and since i will be completing my masters soon, i might even file in EB2 with the new employer. The trick question to which i have no answer is that when we are running on h1 extensions-is it possible to change employers, basically get h1 transfer done??
Any insight into this will be very helpful..
Thanks.
 
I think your I-485 should be pending for more than 180 days before you could change employer without worrying about anything!!
 
sb41 said:
My company's attorney got another certification from PBEC for a case filed in April 2002 from Virginia. The case was forwarded to Regional office before being forwarded to PBEC. I don't have any more details of the case.
Click to expand...


Looks like VA is harvesting more LC certification for the past two months. No news about MD. What happend to MD? Any update from MD folks with Final Review. I have no information at all.
 
everything_gud said:
Hi All,

I am a avid reader of these forums , since it gives me lot of important insight into things which matter to all of us. First information about my case,
I got my labour approval last month, PD is feb 2002, filed from philly EB3, non RIR, went to regional(don;t remember when) went to PBEC-got 45 day letter in april this year. final certification recvd in aug end.
Now the question i want to ask- i am in 7th year extension right now. Since my labour got cleared my lawyer filed 140 earlier this month. i was waiting for october bulletin which we all know means what to us!! I don't want to hope or aspire now because i will believe all the optimistic explanations when i actually see dates moving forward(maybe after nov/dec)
I read that once ur 140 is approved u can get 3 year extensions of h1 (instead of the regular 1 year extensions that we can get rite now), as of now march 2005 is being processed for 140 in vermont, so i assume in another 5-6 months i might get the 140 approved. i also read in this forum that onve 140 is approved-the PD sticks to us and we can change employers and keep our PD with us?? is this 100% confirmed?i know we will have to process LC and 140 etc. all over again with the new employer but if the PD sticks to me then i don't think there shud be problem in getting the new certification also. and since i will be completing my masters soon, i might even file in EB2 with the new employer. The trick question to which i have no answer is that when we are running on h1 extensions-is it possible to change employers, basically get h1 transfer done??
Any insight into this will be very helpful..
Thanks.
Click to expand...

Did you file concurrent I140/I485? If not, you should do it asap.
 
attention: Chinese, Indian

If you have priority date before July 1, 2002, and still have not received 45 day letter, you should contact Phily Backlog Center immediatly. No matter where your case is transferred (by state or federal). There is rumor (many turned out to be true) that Phily Backlog center will give priority to people not affected by the visa retrogression, in other words, there might be discrimination based on nationality.

Please urge them to follow FIFO, the only fair rule. Even we are not sure when the visa cut-off date will move foreward, the sooner we get the LC, the better.

God damn it, do something before it is too late. Call them, fax them, let them know you are watching them. :mad:
 
Another reason for retrogreesion - LC substitution

satishrr said:
Hi Guys,

Are there so many people between 1997 and 2001 that it would take years to move to 2001 or 2002 or even current. My lawyer was saying there might be only 10s or lower 100s of people between 1997 and 2001. If that is the case, should the dates not move faster, rather than slower.

My guess is that the dates should be moving really fast, atleast until Apr 2001. Either that or DOS/USCIS are playing some kind of dirty game with us.
Click to expand...
I know a company has filed more than 20 substitution cases for very early LC (PD in 97-99), after the recent bill introduction. If there are more like this one, no wonder the retrogression goes as back as 98.
 
Approval information from Philly BEC

I have been a non-contributing member in this forum so far and I wanted to share some approval information from Philly BEC. I finally see that my LC has been approved (after a wait of 3.5 yrs).

I am sharing this info because I am sure a lot of us still waiting in this god forsaken queue would find some solace knowing the PBEC is moving, albeit slowly.

I am not sure if I should be relieved because the latest Retrogression information for the EB categories makes me believe there is going to be another long wait down the line.

My case Details:

SESA Received Date: March 26th 2002
SESA Approval Date : August 2003
From: PA
Category: RIR / EB2
Received at Philadelphia DOL: August 6th 2003
45 Day Letter Received& Replied:1st week of January 2005
Certified: 09/15/2005 (Have not recd/heard about the hard copy of approval yet)
 
lc substitute is not the cause of problem

PD is "alien-based", which means those use substitute LC recently has PD established when they file 140, which is 2005 in this case.

Wait4LaborNJ said:
I know a company has filed more than 20 substitution cases for very early LC (PD in 97-99), after the recent bill introduction. If there are more like this one, no wonder the retrogression goes as back as 98.
Click to expand...
 
important question

Guyz,

Please shed any light on this if u can..
LC approved-aug 2005, 140 filed-sep1005. 485 not filed because of non-visa number availability. current 7th year h1 extension ending on april 2006. can i file for 8th year extension next year without any problem? i read that either labor certification or 140 shud be pending for more than 365 days? but since labor is approved and 140 won't be pending for 365 days by april2006, cud there be a problem???
 
everything_gud said:
Guyz,

Please shed any light on this if u can..
LC approved-aug 2005, 140 filed-sep1005. 485 not filed because of non-visa number availability. current 7th year h1 extension ending on april 2006. can i file for 8th year extension next year without any problem? i read that either labor certification or 140 shud be pending for more than 365 days? but since labor is approved and 140 won't be pending for 365 days by april2006, cud there be a problem???
Click to expand...

No problem in getting an extension.


The GC process should have been started atleast a year before the due expiry / renewal date.

This means that even if your 140 is approved and if you are still waiting for the visa number for AOS, you can still apply for extension. In this case you can apply for a 3 year extension instead of the otherwise 1 year extension, if the 140 has not been approved.

You should start preparing to file for the extension of H1B in October.
 
everything_gud said:
Guyz,

Please shed any light on this if u can..
LC approved-aug 2005, 140 filed-sep1005. 485 not filed because of non-visa number availability. current 7th year h1 extension ending on april 2006. can i file for 8th year extension next year without any problem? i read that either labor certification or 140 shud be pending for more than 365 days? but since labor is approved and 140 won't be pending for 365 days by april2006, cud there be a problem???
Click to expand...
You should not have any problems.
 
PD is decisive

When did you file your LC? You didn't give your PD !

If you filed LC before Apr 2005, you're gonna be fine.

If you went through PERM and PD is later than Apr 2005, I think you have problem if you can't get your I-140 approved asap. Check your attorney.


everything_gud said:
Guyz,

Please shed any light on this if u can..
LC approved-aug 2005, 140 filed-sep1005. 485 not filed because of non-visa number availability. current 7th year h1 extension ending on april 2006. can i file for 8th year extension next year without any problem? i read that either labor certification or 140 shud be pending for more than 365 days? but since labor is approved and 140 won't be pending for 365 days by april2006, cud there be a problem???
Click to expand...
 
Thanks for the assurances..
Just talked to the lawyer and was reported the same thing that the 45 day letter proof they recd from PBEC will be used for extension just like they used for 7th year extension. since the current h1 is till april 2006, the lawyer wud be filing in feb 2006 only.

TampaBelle said:
No problem in getting an extension.


The GC process should have been started atleast a year before the due expiry / renewal date.

This means that even if your 140 is approved and if you are still waiting for the visa number for AOS, you can still apply for extension. In this case you can apply for a 3 year extension instead of the otherwise 1 year extension, if the 140 has not been approved.

You should start preparing to file for the extension of H1B in October.
Click to expand...
 
PD for substitute labor

fogman1, are you sure the PD for substitute labor is the date of 140 filing? One of my friend used a substitute LC and he told me his 485 receipt shows the PD is the original PD when this LC applied. Appreciate if you or any guru can clarify this.

================
"fogman1 -
PD is "alien-based", which means those use substitute LC recently has PD established when they file 140, which is 2005 in this case. "
 
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