Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
GC_MD_2001
Registered Users (C)
No updates from PBEC. Still waiting for approval. Status is still 'RIR'
atyagi73 said:
memorandum for PERM
Did anyone check USCIS issued a memorandum regarding PERM? link is
http://uscis.gov/graphics/lawsregs/handbook/H1B_092305.pdf
interesting part is
For cases re-filed under PERM, the priority date is the date specified by DOL in Section O of Form ETA-9089. The instructions note that DOL will allow the original ETA-750 filing date to be retained if all elements relating to the job opportunity and the foreign national are identical, except for the prevailing wage.
if this is old news,just ignore, if it is new, then can old case convert to PERM without risk now?
Did anyone check USCIS issued a memorandum regarding PERM? link is
http://uscis.gov/graphics/lawsregs/handbook/H1B_092305.pdf
interesting part is
For cases re-filed under PERM, the priority date is the date specified by DOL in Section O of Form ETA-9089. The instructions note that DOL will allow the original ETA-750 filing date to be retained if all elements relating to the job opportunity and the foreign national are identical, except for the prevailing wage.
if this is old news,just ignore, if it is new, then can old case convert to PERM without risk now?
junelc2002
Registered Users (C)
It has been like that for a while
Just it is a very strict rule that all the info. other than the prevailing wage has to be identical. If your company moved, even just across the street, you are not eligible.
yxzallen said:
Just it is a very strict rule that all the info. other than the prevailing wage has to be identical. If your company moved, even just across the street, you are not eligible.
Another MD 2001 case, still waiting...
smallriver, you are not alone. My PD is also 2001.
Just joined this group. My details are
MD RIR EB3
PD: 06/2001
45 Day Letter: 02/2005 (responded same day)
Status: RIR
Its a loooong wait man, tired now. Can feel the pain of all fellow 2001ers
NAYAK, tomshu, smallriver, hangu et. all
smallriver, you are not alone. My PD is also 2001.
Just joined this group. My details are
MD RIR EB3
PD: 06/2001
45 Day Letter: 02/2005 (responded same day)
Status: RIR
Its a loooong wait man, tired now. Can feel the pain of all fellow 2001ers
NAYAK, tomshu, smallriver, hangu et. all
smallriver said:
Read Pages 9/10..
junelc2002:
Read the pages 9/10 regarding the address change and PD retention. It says as long as the old and new addresses are in same geographical area (same labor market to be precise) they are considered same.
Definitely this seems a positive sign for the people who want to convert them to PERM as they don't have to match word to word but identical in terms of qualification and experience requirements.
I don't advise people with PD 2003 or earlier to try converting to PERM but later folks can definitely think about the option converting to PERM.
-MD2001
junelc2002:
Read the pages 9/10 regarding the address change and PD retention. It says as long as the old and new addresses are in same geographical area (same labor market to be precise) they are considered same.
Definitely this seems a positive sign for the people who want to convert them to PERM as they don't have to match word to word but identical in terms of qualification and experience requirements.
I don't advise people with PD 2003 or earlier to try converting to PERM but later folks can definitely think about the option converting to PERM.
-MD2001
junelc2002 said:
when push comes to shove
When push comes to shove it is natural for us to feel left behind. Yes, it is "unfortunate" that our files went to Philli. But that shouldn't make us feel that was destiny. All should be equal in the eyes of the law. By some chance if the visa numbers move to 2002 or 2003, Dallas friends can enter the visa line ahead of us even though the regulation is to go by PD. We are then at a definite disadvantage. So when push comes to shove we better start voicing our objection.
When push comes to shove it is natural for us to feel left behind. Yes, it is "unfortunate" that our files went to Philli. But that shouldn't make us feel that was destiny. All should be equal in the eyes of the law. By some chance if the visa numbers move to 2002 or 2003, Dallas friends can enter the visa line ahead of us even though the regulation is to go by PD. We are then at a definite disadvantage. So when push comes to shove we better start voicing our objection.
pennwaiting said:
atyagi73,
There is no update on my case but my employer substituted another case for me which came in last minute. I was lucky that the lc we got approval is for similar position in our group and original employee is no longer with the company. I went for it considering the retrogression.
My employer is a big company (not a consulting one) and hopefully there shouldn't be any problem.
I was able to file my 140/485 before October 1st (I have posted this in my previous posts to this forum).
- MD2001
There is no update on my case but my employer substituted another case for me which came in last minute. I was lucky that the lc we got approval is for similar position in our group and original employee is no longer with the company. I went for it considering the retrogression.
My employer is a big company (not a consulting one) and hopefully there shouldn't be any problem.
I was able to file my 140/485 before October 1st (I have posted this in my previous posts to this forum).
- MD2001
atyagi73 said:
junelc2002
Registered Users (C)
MD2001 said:
If that's the case, it is certainly a new more relaxed version. I just had a brief dicussion with my HR regarding the conversion of my LC applicatio to PERM and was told that no one in my company would be eligible because we moved across the street last year.
I think your HR's understanding is based on the previous FAQs and statements by DOL. This memo is from USCIS to its officers which interpreted the same statue rationally and meaningfully. This seems the statue doesn't mention these finer details and DOL's ambiguous interpretation that scared most of the people from trying conversion.
That said the address change rule from DOL is still valid if you move out of original labor market area (where recruitment effort was done).
Anyway one should consult a good lawyer before making decisions on matters like this but this memo is certainly a rational interpretation of the statue.
since DOL is the owner of this process, it's decision shall be final.
- MD2001
That said the address change rule from DOL is still valid if you move out of original labor market area (where recruitment effort was done).
Anyway one should consult a good lawyer before making decisions on matters like this but this memo is certainly a rational interpretation of the statue.
since DOL is the owner of this process, it's decision shall be final.
- MD2001
junelc2002 said:
cpallapothula
Registered Users (C)
My details
Here are my details..
EB-3 RIR CA
PD: Mar 2002
RD May 1, 2003
P-04307-3XXXX
45 Day Letteer Received and Replied in march 2005
Here are my details..
EB-3 RIR CA
PD: Mar 2002
RD May 1, 2003
P-04307-3XXXX
45 Day Letteer Received and Replied in march 2005
max2005 said:
pennwaiting
Registered Users (C)
Understandable. I guess the different fates for cases transferred from CA to Dallas and Philly can be the basis for a law suit. But, I doubt what you can gain from it.MannyD said:
GCSyndrome
Registered Users (C)
cpallapothula said:
have you tried to check your case status recently?
smallriver
Registered Users (C)
Saw a guy from MD with PD 10/2001 approved
Just saw a guy from MD with PD 10/2001 approved. Seems like we should get out of this soon.
I will send another mail tomorrow. If anything changes, I will let you guys know.
Just saw a guy from MD with PD 10/2001 approved. Seems like we should get out of this soon.
I will send another mail tomorrow. If anything changes, I will let you guys know.
md_alien said:smallriver, you are not alone. My PD is also 2001.
Just joined this group. My details are
MD RIR EB3
PD: 06/2001
45 Day Letter: 02/2005 (responded same day)
Status: RIR
Its a loooong wait man, tired now. Can feel the pain of all fellow 2001ers
NAYAK, tomshu, smallriver, hangu et. all
rirlaborCT
Registered Users (C)
This message is for Sunnybab,
Are you sure your PD is mar'2004??
In which state did you file your Labor??
Did your case go to Regional???
Thanks in advance.
Are you sure your PD is mar'2004??
In which state did you file your Labor??
Did your case go to Regional???
Thanks in advance.