Philadelphia Backlog Elimination Center Tracking

Class action lawsuit!

njhorrors said:
Guys,

What are our chances of making a class action suit against DOL ?

http://www.classactionfaq.org/mt2/archives/how_do_class_actions_work.php

I have joined the yahoo group. we can discuss this further there.

Regards.


Great Idea, but I doubt if it will work against any Federal government funded agencies. These bastards are bi-products of Bush's post 9/11 policies. So I doubt, but we can certainly ask Mr. Rajiv Khanna. Now it all depends on who can take up that effort of asking Mr. Rajiv Khanna? Is there anyone?
 
whereismy_gc said:
Great Idea, but I doubt if it will work against any Federal government funded agencies. These bastards are bi-products of Bush's post 9/11 policies. So I doubt, but we can certainly ask Mr. Rajiv Khanna. Now it all depends on who can take up that effort of asking Mr. Rajiv Khanna? Is there anyone?

I don't agree with you. I will be very tough to come up with some sound arguments because we do not own our applications.
 
what number ??

MIMC said:
Chinglun

Were did you get these numbers from? It appears something is missing as the total count is slightly above 89,000 when we know there are over 350K. Any guess where you found these nubmers? Thanks
 
whereismy_gc said:
I have started following yahoo group. couldn't think of better name than this.

http://groups.yahoo.com/group/PBEC_Labor_Victims/

Please...All are invited to join... but the discussion is strictly limited to PBEC Labor issues. Statuses can be posted but with limited discussion..

No warward questions like...what if..how to...Is it...bla..bla...????..Thanks.

Your company lawyers can answers those for you.

Guys ...

all of u pls join the yahoo...until now only 24 have joined...and only 3 have posted as of now...
 
whatheheck said:
I just got a response from philly stating that my case has been certified.

I send an email yester and didn't get any response. But i sent one more email this morning and got a response within 5 mins. I don't know how long it will take them to send the hard copy. I'll update once i get the hard copy.

Now what is next? Wait for hard copy and file I-140 and wait for ever?

Here is my case detail
MD SWA, RIR-EB3, PD:02/12/2002
RD: 08/04, State cleared and moved to Region.

Congrats Dude!

Really strange enough, Most of the people are getting blank 'status'? Did they send you screenshot or they simply replied in text?

Recently I have received a screenshot with blank status field.

Please do share!

Thanks,
 
Great response on Membership!!!

StressTestInUSA said:
Guys ...

all of u pls join the yahoo...until now only 24 have joined...and only 3 have posted as of now...


So far we have 35 members on Yahoo group in just one day...I like the response. We need more and more people to join. Guys please spread the word and start sending out the letters.
 
Class Action

Our employers wont mind co-operating on this. THey have to pay the yearly H1 renewal fees and lawyers fee for the same. Its in their interest too.

junelc2002 said:
I don't agree with you. I will be very tough to come up with some sound arguments because we do not own our applications.
 
Employers dont care...

njhorrors said:
Our employers wont mind co-operating on this. THey have to pay the yearly H1 renewal fees and lawyers fee for the same. Its in their interest too.

It is not true for all. There are many cases where employers know that they can make much more on us as long as we are slaved to them :(
 
Relocation and impact?

What should I do if my employer is going to relocate to a new office where is just a few blocks away from our current one? How does it impact my current LC petition (please see my signature below) while it still stucks in PBEC? According to PBEC Q & A, one should send PBEC a written request to return the original Form ETA 750 Part A and Part B. Make the appropriate change of address, date and initial the change, and return the Form ETA 750 Part A and Part B to PBEC. Employers who have already recruited for the position in a labor's market are cautioned that a move to a new work location may require a new labor market test. So, I guess my questions are: 1. The labor market should be the same since we are just moving to a few blocks away (same town) so I should not have problem with re-testing the labor marketing? Then what else should my employer do? 2. My office is not moving now but will be moving around a couple months later. If luckyly my LC shall get certified before the move, will I have problem with the I-140 petition? I would appreciate if anyone who has experienced similar situation could kindly tell me your opinion. Thanks.
 
Class Action For Transparency

I agree.
But lets just say that regardless of the intent of the employers, we as the beneficiaries of the labor petitions, deserve the right to know our case status, and an estimated time frame as to when the process will complete.
What bothers me is the lack of visibilty. How much time will it take ? 1 more year ? 2 more years or 10 more years ?
We have the right to information so that we can plan our life.

atyagi73 said:
It is not true for all. There are many cases where employers know that they can make much more on us as long as we are slaved to them :(
 
NJ Oct02-PD said:
What should I do if my employer is going to relocate to a new office where is just a few blocks away from our current one?

So, I guess my questions are: 1. The labor market should be the same since we are just moving to a few blocks away (same town) so I should not have problem with re-testing the labor marketing? Then what else should my employer do?

I believe that the DOL considers that the labor market stays identical if you relocate in a 40 miles radius from the previous location.

"(DOL uses the Standard Metropolitan Statistical Area, SMSA, as criteria in determining the need for a new LCA or Labor Certification. If the employee is relocated outside the SMSA, then new filing is required)"

"If one has to move to another work site in the same state with the same employer, does he have to file for labor cert. again?

If the person is within the same Metropolitan Statistical area for which the labor cert. was done, there should be no problem. But if the person is moving beyond that area, even if he is within the same state, he cannot file an I-140 providing a different job site. The labor cert. would be invalid.

Do note, however, that the labor cert. is for a job in future. Also, according to the law currently, a labor cert. once granted is valid indefinitely. Now if the person is likely to be sent back to the same geographical area in future, he can file the I-140 on that basis. But legally, if the person is not posted back to the same area after getting his Green Card, his GC could be held to be invalid or even fraudulent."

Source: http://www.isn.org/resources/FAQ/faqLaborCert.html


NJ Oct02-PD said:
2. My office is not moving now but will be moving around a couple months later. If luckyly my LC shall get certified before the move, will I have problem with the I-140 petition? I would appreciate if anyone who has experienced similar situation could kindly tell me your opinion. Thanks.

All your lawyer has to do is file the proper paperwork for a change of adress ....
 
1/3 data still not entered

I called my lawyer to get some info if any and he said that about 1/3 of the data is not yet completely entered in the system. This should also be the approximate percentage of people who have not recieved a 45 day letter.


Aprlc2002 , any updates at your end ?
Any inside PBEC information from anyone ?

Regds.
 
45 day letter received

My PD was Apr. 19, 2002, EB2 RIR from MD. What are the next steps? Another worker in my company got his 45 day letter 2 weeks ago. His PD was in July 2002.
 
Senate Judicairy Meeting on Oct 18

Guys,

I think this is the right time to be heard. Can someone right a very nice letter (draft) that we can send to our respective senators before this date?
 
Here is the letter

Posted by "kewl" at:

http://boards.immigrationportal.com/showthread.php?t=192003

You may cut and paste into a word doc and send:

DATE
Your name
Your address
Your city, state, zip code
Phone: Your phone number
Email: Your email address

Subject: Help to resolve retrogression affected employment based immigrant visa categories

Dear Senator Name,

I write to you as one of the many skilled professional workers in the US (ISN America Organization). Our concerns regarding employment-based immigration have multiplied overnight due to the heavy and the highly unpredicted retrogression mentioned in the October 2005 Visa Bulletin published by DOS for all employment-based immigration categories (EB1, EB2, EB3) for India and China and EB3 worldwide.

According to this Visa Bulletin, the Visa Cutoff Dates are such that we would have to wait for another 6 to 8 years after having waited patiently for 2-3 years just for our labor certifications. The validity of our H1B visas is 6 years and beyond that we have to depend on yearly visa extensions, besides having severe restrictions, such as, we can’t change jobs, can’t visit our home country and so on. Our plight in this condition is beyond imagination!

I have been working here in the US for the last XXX years and have been paying my taxes regularly. My employer has a permanent employment opportunity in the United States for which they have sponsored me for permanent residency to fill this position. Unfortunately due to annual numerical limits on the employment based immigrant visa, and due to the heavy retrogression my permanent residency petition will be kept pending for need of visa numbers for an almost indefinite period of time, to an extend that I would be forced to return to my home country. This would be very heart breaking for me as well as for my employer. In fact a many of us have already started planning on those lines!

The situation does not seem to have any end in sight if there are no immigration policy changes. The U.S. Citizenship and Immigration Services has done and is doing some commendable work in backlog reduction and PERM processing to expedite labor certifications, but this is meaningless if there are no employment based visa numbers available to successfully complete the immigration process.

There are many possible solutions to the problems we face today, such as, (1) Recapturing all the unused Visas for the past 10 years. (2) Allowing I-485 and EAD filings even if the visa numbers are not available, and then processing I-485s in the order of priority dates. (3) Removing the per-country visa limit or modifying it to suit the population ratio of each country (4) Increasing the per-country visa limit (5) Counting one Immigrant visa per primary applicant instead of counting for everyone in family (6) Making the immigration process independent of the employer.

As recently as last month, Mr. Bill Gates and Mr. Craig Barrett, some of the country's foremost industry leaders, spoke on the matter of legal immigration and pointed out that America's immigration system needs fixing. These visionaries have recognized that the economic progress and standard of living can only be achieved and maintained through qualified and skilled immigrant labor. Mr. Greenspan also indicated in his last month speech that US needs skilled immigrants for proper economic growth.

USA is called the “land of opportunity”. On behalf of all the legal and skilled professionals from India and China, I request that we be given the well-deserved opportunity to file our immigration status in a timely manner. I request you to please do whatever is there in your powers to ease out our immigration problems which have caused a great deal of pain and depression to our whole community.

Thank you.

Sincerely,


Your signature
Your name
ISN America Organization (http://www.isnamerica.org ), http://groups.yahoo.com/group/techworkers/
UNITED WE STAND
 
Laser : 45 day letter?

laser said:
My PD was Apr. 19, 2002, EB2 RIR from MD. What are the next steps? Another worker in my company got his 45 day letter 2 weeks ago. His PD was in July 2002.

My PD is May 31 2002, EB2 RIR from MD. No regional. No 45 day letter yet. No status. I tried sending several e-mails in the past couple of weeks to the h1b7yr@ address with no success. Totally ridiculous and frustating.
 
All RIR cases that made to Regional office ?

Am I correct to say that all the RIR cases that made to Regional office had received 45 days later ?

Please respond. Based on your response I will challenge by Lawer to put an enquiry about my case.
 
sk0902 said:
Am I correct to say that all the RIR cases that made to Regional office had received 45 days later ?

Please respond. Based on your response I will challenge by Lawer to put an enquiry about my case.


Unfortunately that is not the case.

There are Philly DOL and San Fran DOL cases that have not received 45-day letters but those are few.

However cases that came from Atlanta DOL have still many without 45-day letters.
 
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