GCkiTalash
Registered Users (C)
Excellent suggestion. This could compensate to some of our pain!!
tikal said:
Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
RajeevMehta
Registered Users (C)
Don't change employer
I am sorry to say but this is the truth you need to accept. Don't even think about changing employer in 6th year. AC21 applies only after 6 months of I-140 filing. This is a very bad trap that we all are facing.
Wish you a good luck buddy.
I am sorry to say but this is the truth you need to accept. Don't even think about changing employer in 6th year. AC21 applies only after 6 months of I-140 filing. This is a very bad trap that we all are facing.
Wish you a good luck buddy.
va_aug_2002 said:
Confused ????
I am in a similar situation. Almost same dates -08/2002/EB3/RIR/Regional/VA.
At that time I did not have 5 yrs exp or Masters degree. Now I have both of them. I am already on 7th year and have 11 more months to go.
I am not sure if I should do PERM/EB2? This way, I may not have to worry about retrogression. It will take 5-6 months to get certified (ads, preparation, etc).
Also, I have heard you can't use experience or degree earned while working for the same employer. I have also heard there are some loop holes and exceptions to this. I have talked to my lawyer about it, but I don't think he knows as much detail as some of you guys know.
However, I
I am in a similar situation. Almost same dates -08/2002/EB3/RIR/Regional/VA.
At that time I did not have 5 yrs exp or Masters degree. Now I have both of them. I am already on 7th year and have 11 more months to go.
I am not sure if I should do PERM/EB2? This way, I may not have to worry about retrogression. It will take 5-6 months to get certified (ads, preparation, etc).
Also, I have heard you can't use experience or degree earned while working for the same employer. I have also heard there are some loop holes and exceptions to this. I have talked to my lawyer about it, but I don't think he knows as much detail as some of you guys know.
However, I
va_aug_2002 said:
You can change your job in 6th year and get subsequent extensions. I have seen one case like this. But I shall use it as LAST option. As per interim guidance issued by William Yates, Associate Director for Operations, USCIS, dated 12 May 2005. You can take 7th, 8th ..... year extension on any pending labor certification from any employer. This employer may be different than the current employer. But one labor certification can be used for only one employee. I guess employee who starts using for 6th year extension first.
The document I am referring is titled “Interim Guidance for Processing Form I-140 Employment-Based Immigrant Form I-485 and H-1B Petitions Affected by the American Competitiveness Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)” The document (in pdf) is numbered HQPRD 70/6.2.8-P and publicly available at http://uscis.gov/graphics/lawsregs/handbook/chronpol.htm. Go through the document you will get all your answers.
With new Immigration laws in Congress, I do not see importance of priority dates. As all can file I-485 (with or without priority dates) and only the employee is counted towards the Visa numbers. We do not know the time as this new law may take time with government speed.
I hope this helps.
Good Luck.
The document I am referring is titled “Interim Guidance for Processing Form I-140 Employment-Based Immigrant Form I-485 and H-1B Petitions Affected by the American Competitiveness Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)” The document (in pdf) is numbered HQPRD 70/6.2.8-P and publicly available at http://uscis.gov/graphics/lawsregs/handbook/chronpol.htm. Go through the document you will get all your answers.
With new Immigration laws in Congress, I do not see importance of priority dates. As all can file I-485 (with or without priority dates) and only the employee is counted towards the Visa numbers. We do not know the time as this new law may take time with government speed.
I hope this helps.
Good Luck.
va_aug_2002 said:
No Labor requirement reqd at this point
Why the hell do we even need a Labor Cert. Havent we all stayed in our jobs for the last few years waiting for Labor Cert. If we can survive and keep our job for so many years, there must have been a requirement for us so why is the labor cert even required at this point for those of us who have been stuck in our jobs for the last 3-4 years. Why is ability to pay also required. If most of us have worked in the same jobs for the same employer at the same salary, why the hell does the employer have to prove ability to pay. All this is bull****. Basically the system is broken and needs to be fixed. They dont care about us. If they did, they would have recaptured visas for us too, when they were busy recapturing lost visas for Nurses and other schedule -A occupations.
This is hell and we are in it and no one seems to care. In UK, you have lawful presence for 4 years, you get permanent residency. Here we have to take 8-9th year extensions working for the same blood sucking employer for our GC.
Why the hell do we have a 3 stage process. Why cant one govt dept do it all in one go. Many of us who pay the lawyers from their pockets will understand this.
The system sucks. Wish I had never started this.
sick_of_waiting said:
Why the hell do we even need a Labor Cert. Havent we all stayed in our jobs for the last few years waiting for Labor Cert. If we can survive and keep our job for so many years, there must have been a requirement for us so why is the labor cert even required at this point for those of us who have been stuck in our jobs for the last 3-4 years. Why is ability to pay also required. If most of us have worked in the same jobs for the same employer at the same salary, why the hell does the employer have to prove ability to pay. All this is bull****. Basically the system is broken and needs to be fixed. They dont care about us. If they did, they would have recaptured visas for us too, when they were busy recapturing lost visas for Nurses and other schedule -A occupations.
This is hell and we are in it and no one seems to care. In UK, you have lawful presence for 4 years, you get permanent residency. Here we have to take 8-9th year extensions working for the same blood sucking employer for our GC.
Why the hell do we have a 3 stage process. Why cant one govt dept do it all in one go. Many of us who pay the lawyers from their pockets will understand this.
The system sucks. Wish I had never started this.
Left behind in I-140 Q
What the hell is Philly doing. I sent status checks to both philli and dallas and didnt get a reply. How the hell are we supposed to know how much longer we have to wait. People from dallas are in I-140 Q before us. This Q is getting longer everyday and will get longer when philly starts working. People stuck in philly who filed in 2001 will see their 140 approved long after dallas cases with PDs of 2003 and possibly 2004. And when the no of visas is finally increased, these people will get their GC maybe 1 year or more after 2003/2004 PG guys from dallas.
All this after all Labor Cert was consolidated into 2 centers sharing a common database. These ass***** have always been unfair at every step. What kind of immigration in any country encourages immigrants to find jobs thru consultants who have dummy offices in Chicago or places where Labor is fast, instead of finding a good job with opportunities. This system sucks.
coolguy11 said:
What the hell is Philly doing. I sent status checks to both philli and dallas and didnt get a reply. How the hell are we supposed to know how much longer we have to wait. People from dallas are in I-140 Q before us. This Q is getting longer everyday and will get longer when philly starts working. People stuck in philly who filed in 2001 will see their 140 approved long after dallas cases with PDs of 2003 and possibly 2004. And when the no of visas is finally increased, these people will get their GC maybe 1 year or more after 2003/2004 PG guys from dallas.
All this after all Labor Cert was consolidated into 2 centers sharing a common database. These ass***** have always been unfair at every step. What kind of immigration in any country encourages immigrants to find jobs thru consultants who have dummy offices in Chicago or places where Labor is fast, instead of finding a good job with opportunities. This system sucks.
Caliber,
Let's not get into personal fighting and bickering. I don't think Penn was attacking you, just making suggestion on how your efforts can help and hurt.
We need to work together.
I also agree that you should be representing yourself and not the group as a whole, we all need to write and represent ourself unless we all sign one single letter.
The point is I am not willing to contribute the $2000 you mentioned. If I knew it would help, I would. BUT I know that if I put down $2000, maybe $2 would go to helping my application and $1998 would go in somebody's pocket.
Let's not get into personal fighting and bickering. I don't think Penn was attacking you, just making suggestion on how your efforts can help and hurt.
We need to work together.
I also agree that you should be representing yourself and not the group as a whole, we all need to write and represent ourself unless we all sign one single letter.
The point is I am not willing to contribute the $2000 you mentioned. If I knew it would help, I would. BUT I know that if I put down $2000, maybe $2 would go to helping my application and $1998 would go in somebody's pocket.
Caliber said:
serious follow up
i seroiusly think that maybe a letter with our plight at pbec& 10000+ signatures we should send to the president & all the senators an maybe pay for the page in a leading newspaper and come foward with our plight
-as far as i see only sugeestions are made and no follow up
i know somebody acame up with the website maybe just weall put our efforts and get that website completed-once we do one thing -we will then be able to gather more momentum and go further
i seroiusly think that maybe a letter with our plight at pbec& 10000+ signatures we should send to the president & all the senators an maybe pay for the page in a leading newspaper and come foward with our plight
-as far as i see only sugeestions are made and no follow up
i know somebody acame up with the website maybe just weall put our efforts and get that website completed-once we do one thing -we will then be able to gather more momentum and go further
Choclito said:
OK...let me say that this budget reconciliation bill is usually a high priority bill and usually action is taken immediately on it..If not in 2005...it would be the first item in 2006....It is necessary to keep the government runing smoothly...Everybody has to get paid evry month... you know.....
Need serious follow up - Sure !!!
Humble suggestion
Out of the 10000+ signatures you are talking about - These are the facts
Out of 100000 cases pending in PBEC
50% Do know theie cases are in PBEC and about 45 Day Letter etc
Out of Balance 50% only 10 % ( 500 ) might be here in the forum
Out o the 500 only 10% (50) actively participate regularly and worried like you and me about GC
SO
We need first Awareness among the GC waiters to come to one forum . We need an AD for bringing all guys under one Umbrella.
Then decide and get signatures. Only then you will get attention
If one Guy do a march it is Illegal
IF 100's march it is a protest
If 1000's March it is Awareness
If 100000's march it is Revolution
Bring Revolutions Boys First
max2005 said:
Humble suggestionOut of the 10000+ signatures you are talking about - These are the facts
Out of 100000 cases pending in PBEC
50% Do know theie cases are in PBEC and about 45 Day Letter etc
Out of Balance 50% only 10 % ( 500 ) might be here in the forum
Out o the 500 only 10% (50) actively participate regularly and worried like you and me about GC
SO
We need first Awareness among the GC waiters to come to one forum . We need an AD for bringing all guys under one Umbrella.
Then decide and get signatures. Only then you will get attention
If one Guy do a march it is Illegal
IF 100's march it is a protest
If 1000's March it is Awareness
If 100000's march it is Revolution
Bring Revolutions Boys First
javaconsultant
Registered Users (C)
We should try to get some coverage in leading newspapers about the inefficiency of PBEC.
Getting one article published in a newspaper would have a HUGE impact and people who should do something about it would be more motivated to do it.
Lets do it..........Guys ! Let me know your thoughts......
Of course we should send letters but we haven't seen any results.
Bottomline is out of 2 backlog centers,ONE(Dallas) is working FINE and other(Philadelphia) is NOT working ........We have a valid point here.
Getting one article published in a newspaper would have a HUGE impact and people who should do something about it would be more motivated to do it.
Lets do it..........Guys ! Let me know your thoughts......
Of course we should send letters but we haven't seen any results.
Bottomline is out of 2 backlog centers,ONE(Dallas) is working FINE and other(Philadelphia) is NOT working ........We have a valid point here.
max2005 said:
Agreed-my Stats Are Not Correct
HOW MANY OF US HAVE FRIENDS AND COLLEGUES WHO ARE IN THE SAME SITUATION BUT ARE NOT WEB SAVVY AND PASS ON INFO AS WE GET I HAVE SEVERAL I KNOW IF THE 100 ON THIS FORUM EACH HAVE COUPLE WE CAN MAKE AN IMPRESSION -THAT WAS MY POINT-LOOK AT THE LARGER PICTUREsaknia said:
Out of the 10000+ signatures you are talking about - These are the facts
Out of 100000 cases pending in PBEC
50% Do know theie cases are in PBEC and about 45 Day Letter etc
Out of Balance 50% only 10 % ( 500 ) might be here in the forum
Out o the 500 only 10% (50) actively participate regularly and worried like you and me about GC
SO
We need first Awareness among the GC waiters to come to one forum . We need an AD for bringing all guys under one Umbrella.
Then decide and get signatures. Only then you will get attention
If one Guy do a march it is Illegal
IF 100's march it is a protest
If 1000's March it is Awareness
If 100000's march it is Revolution
Bring Revolutions Boys First
Javaconsultant is right.. our last options and most effective way is media/newspaper coverage.. we have to plan and act as soon as possible.. The question is.. who will initiate this task? I'm willing to contribute some dollars in my pocket...
javaconsultant said:
RajeevMehta
Registered Users (C)
Let us have a protest organized
Let us have a protest organized on mid of November in front of white house and capitol. It not revolution, we will reach to awareness - which is required now.
Let us have a protest organized on mid of November in front of white house and capitol. It not revolution, we will reach to awareness - which is required now.
max2005 said:
gc_ka_wait
Registered Users (C)
Count me In
I am ready to be there for protest as long as its on some weekend.
I am also going to write to Congressman of my region about 2 things:
1. to support the immigration bill
2. also to enquire why PBEC is so damn slow against DBEC. Its totally non sense and I dont see any reason. I think they r just being jerk.
RajeevMehta said:
I am ready to be there for protest as long as its on some weekend.
I am also going to write to Congressman of my region about 2 things:
1. to support the immigration bill
2. also to enquire why PBEC is so damn slow against DBEC. Its totally non sense and I dont see any reason. I think they r just being jerk.
Need media planning
Guys,
remember one thing. Once we step into media zone ,we need to be planned and calculated. its a PR excercise as well. our headlines need to be catchy and make people sit up and pay attention.
We just cant write a long essay on PBEC/DBEC , RIR/TR , retrogression and 45 day letter. people will not know what the hell we are talking about.
We have to make this matter not only understandable to the common public but also create public interest . ( by public I mean US citizens)
But I support the idea.
lets call it operation Media Blitz.
As far as senators saying Iraq and hurricarne relief is priority... think of the politicians who need to move (divert) public attention away from those issues. They will be looking for issues like these.
what do you think ?
Guys,
remember one thing. Once we step into media zone ,we need to be planned and calculated. its a PR excercise as well. our headlines need to be catchy and make people sit up and pay attention.
We just cant write a long essay on PBEC/DBEC , RIR/TR , retrogression and 45 day letter. people will not know what the hell we are talking about.
We have to make this matter not only understandable to the common public but also create public interest . ( by public I mean US citizens)
But I support the idea.
lets call it operation Media Blitz.
As far as senators saying Iraq and hurricarne relief is priority... think of the politicians who need to move (divert) public attention away from those issues. They will be looking for issues like these.
what do you think ?
adallac said:
njhorrors said:
I got secretary Elaine Chao's number from DOL's website. I can't get her email address.
Lets all call up this number and try to bring to their attention about what's going on in PBEC.
Doesnt seem like PBEC is doing anything. Except for some rare random approvals, nothing is coming out of PBEC. Its a black hole and they are not responding to any status checks.
SECRETARY OF LABOR
Elaine L. Chao
(202) 693-6000
Please everyone call up this number, talk to senators, send emails. This is the only thing we can do and this will bring awareness. How else will anyone understand our suffering.
From Murthy bulletin (its time to raise awareness)
Employees Must Contact Congress, Too
Since the United States historically has been a land of promise for would-be immigrants, many members of Congress may continue to assume that foreign nationals will immigrate here regardless of the legal obstacles. Generally, the elected representatives are swayed more by the opinions of U.S. citizens. The concerns of U.S. employers or business entities and their employees, however, can be influential. Congress needs to hear from those who love the United States but have suffered under its immigration policies or have decided that the situation is too unbearable for them to remain here. Our elected representatives need to understand that this is no longer the only land of opportunity. Growth in the global economy has opened options in many countries, including those from which high numbers of immigrates have come in the past. Individuals who are skilled and highly educated have other viable options.
Lengthy Waiting Period for the Employer-Sponsored Green Card
When it takes years to obtain an employment-based green card, employees potentially are subject to far greater limitations and abuses than if the green card process is shorter or not based on a particular employer. Employees need to share their stories with members of Congress. Those who have suffered directly from lengthy processing times, unable to advance to substantially higher positions because their labor certifications have particular job descriptions, those with employers who intentionally take advantage of employees waiting for the green card – such individuals need to make themselves heard.
coolguy11 said:
Employees Must Contact Congress, Too
Since the United States historically has been a land of promise for would-be immigrants, many members of Congress may continue to assume that foreign nationals will immigrate here regardless of the legal obstacles. Generally, the elected representatives are swayed more by the opinions of U.S. citizens. The concerns of U.S. employers or business entities and their employees, however, can be influential. Congress needs to hear from those who love the United States but have suffered under its immigration policies or have decided that the situation is too unbearable for them to remain here. Our elected representatives need to understand that this is no longer the only land of opportunity. Growth in the global economy has opened options in many countries, including those from which high numbers of immigrates have come in the past. Individuals who are skilled and highly educated have other viable options.
Lengthy Waiting Period for the Employer-Sponsored Green Card
When it takes years to obtain an employment-based green card, employees potentially are subject to far greater limitations and abuses than if the green card process is shorter or not based on a particular employer. Employees need to share their stories with members of Congress. Those who have suffered directly from lengthy processing times, unable to advance to substantially higher positions because their labor certifications have particular job descriptions, those with employers who intentionally take advantage of employees waiting for the green card – such individuals need to make themselves heard.
JustWatching
Registered Users (C)
Opinions on FOIA
All,
Can some of you ask your immigration attorneys the following question:
"Can the Freedom of Information Act (FOIA) be used to request the entire list of records currently in the PBLS system. The request would be limited to Priority Date, State filed, Source (State/Region) and Status. No information that could identify an individual would be requested."
I have asked several people and have gotten different answers.
If we could get our hands on this, it would certainly help significantly.
JustWatching
All,
Can some of you ask your immigration attorneys the following question:
"Can the Freedom of Information Act (FOIA) be used to request the entire list of records currently in the PBLS system. The request would be limited to Priority Date, State filed, Source (State/Region) and Status. No information that could identify an individual would be requested."
I have asked several people and have gotten different answers.
If we could get our hands on this, it would certainly help significantly.
JustWatching