Philadelphia Backlog Elimination Center Tracking

Suggestions please

Hello Friends,


I dont know whether it is right forum to post. sorry for that.

I got an offer from a company , they say to have approved I140.

They are willing to substitue for me.

My present company LC is pending at PBEC from Oct 2003.(Regional-RIR)

My sixth year h1b will be over by March 2006. My present company already filed for 7th year H1B extension.


The new company is saying they can get three years H1B extension based on Approved I140 they have.

I dont know how they can do that, is it possible? please let me know.


This is the message i got from new company:

-----------------------------------------------------------------
The priority date of this labor is Sep 2004, and its EB3. There has been
talks that suggest, that both EB2 and EB3 might become current again in
next 3-4 months(so there is no difference between EB2 and EB3 now, even
now both are pushed back to almost same date)

On the basis of this approved I-140, we can do 3 years of
H1B extension.
You will not be anymore dependent on his current GC or labor or h1B(what
ever extension), you will now be dependent on this
approved labor/I-140, and will get immediately 3 years extension on H1B

We will not be interested to apply this I-140 for anyone, who wants us to
wait, and join. very soon, a new law is almost finalized, where
labor/I-140 cannot be substituted.
------------------------------------------------------------

please advice.

Thanks
 
SaiWelcome said:
Hello Friends,


I dont know whether it is right forum to post. sorry for that.

I got an offer from a company , they say to have approved I140.

They are willing to substitue for me.

My present company LC is pending at PBEC from Oct 2003.(Regional-RIR)

My sixth year h1b will be over by March 2006. My present company already filed for 7th year H1B extension.


The new company is saying they can get three years H1B extension based on Approved I140 they have.

I dont know how they can do that, is it possible? please let me know.


This is the message i got from new company:

-----------------------------------------------------------------
The priority date of this labor is Sep 2004, and its EB3. There has been
talks that suggest, that both EB2 and EB3 might become current again in
next 3-4 months(so there is no difference between EB2 and EB3 now, even
now both are pushed back to almost same date)

On the basis of this approved I-140, we can do 3 years of
H1B extension.
You will not be anymore dependent on his current GC or labor or h1B(what
ever extension), you will now be dependent on this
approved labor/I-140, and will get immediately 3 years extension on H1B

We will not be interested to apply this I-140 for anyone, who wants us to
wait, and join. very soon, a new law is almost finalized, where
labor/I-140 cannot be substituted.
------------------------------------------------------------

please advice.

Thanks
Click to expand...

are u sure they have 140 approved or LC ? because, from what I understand, 140 belongs to the individual (and therefore I'm not sure it's possible to transfer), as opposed to LC, which belongs to the employer (and therefore can be transferred).

the person you've been talking to may not be fully aware ... make them say exactly which (140 or LC) they have approved, and then talk to your lawyer.

if they have an approved LC, then they could use it to file 140 for you ... we've seen 140 approved in 1 month, so you'd be in time to file for 3-year extension before your 6th year expires ... so it might work out for you ! but talk to your lawyer before any decisions.
 
Suggestion

Hi Guys

I see that all of us are trying our best to wake PBEC from its slumber,We have send letters , now we are planning litigation, I hope something works out.
I was also thinking if some of us could approach the media -TV channels ( something like CBS -60 min, or some NBC -dateline ) .If by any chance they show the chaos happening in PBEC , I'm sure that will be a jolt to the concerned department.

I'm going to try my best to contact some of these stations & see.Let me if anyone has any suggestions,any one knows anyone there.

Lets hope for the best

Thanks
GCcomesoon
CA, EB2 RIR
PD=4/2003
DOL=4/2004
Transferred to PBEC
45 day letter received in Feb & replied back
 
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fastergcwanted said:
"are more or less FIFO already"

That's very funny.
Click to expand...


Where did you see Dec.2003 cases being approved in PBEC? The problem with PBEC is it is not processing. That is my point. I don't think we can control how PBEC works. You can come up with as many methods as possible on how the system should be used, how the cases should be processed one by one by FIFO. but it is unrealistic to expect PBEC to follow your directions. I think an effort to enforce any specific manner on how the cases should be handled is a no case with DOL.

The only thing that we can push for is get PBEC working. I agree with you that we should have transperancy on what they are doing right now. If both DBEC and PBEC can provide a number of cases they have certified each month, that will show the difference in productivities between 2 centers. But again, if PBEC is not moving forward, what do I need the report for. I already got JustWatchings detail tracking report update every week.
 
It's a risk if person who left after 140 approval has used it to file 485. In that case, yours will be rejected. He/she gets preference in most cases over you as he/she owns 140.
 
I think i would agree with "fastergcwanted". We need to give BEC time to enter all the cases by end of this year. And request or rather DEMAND clear transperancy from BEC processing.


fastergcwanted said:
Agreed, PBEC is very very slow and that's a problem. My point was that if we consider any lawsuits, that won't fly. They can throw away the argument by pointing out lack of resources, budget issues etc. etc. It will never work. Our best bet is to ask for more transperancy. That way every one has some idea about when their case might be processed and they can think about other options such as giving up PD, filing for PERM etc.

With due respect, I don't agree that they need to enter all the cases in order to follow FIFO either. On the contrary, they have most of the cases entered partially, which is more than enough to start pulling cases from the front of the queue. This is not only fair, it's also following the principle on which BECs were based.

My PD is April 2003, much later than some of you here. But, I share the pain of guys with early 2001 cases and without 45 Day letters while DEC 2003 cases are being approved. And if you see the trend, 2004 cases will get approved very soon leaving behind old cases. Regardless of what BEC it is...this is the BIGGEST pain.
Click to expand...
 
rirmemgc

cantstandit said:
rirmemgc, if your PD is really March/2005, your lawyer made a big mistake, because he should have waited a couple of days (literally), and filed PERM.

I'd definitely suggest you forget about your BEC case and file a new one through PERM, you'll get your labor certified in MUCH less time (possibly 2 to 3 years earlier).
Click to expand...

I don't think your lawyer made a mistake. During March 2005, everybody was rushing to file LCs (the current BECs) to take advantage of PD and as PERM was not reliable. In hind sight it may appear that it was not the right path, but that's hind sight! Don't feel bad about your lawyer!! He/she did what was right for u at that time.
 
Thanks

cantstandit said:
are u sure they have 140 approved or LC ? because, from what I understand, 140 belongs to the individual (and therefore I'm not sure it's possible to transfer), as opposed to LC, which belongs to the employer (and therefore can be transferred).

the person you've been talking to may not be fully aware ... make them say exactly which (140 or LC) they have approved, and then talk to your lawyer.

if they have an approved LC, then they could use it to file 140 for you ... we've seen 140 approved in 1 month, so you'd be in time to file for 3-year extension before your 6th year expires ... so it might work out for you ! but talk to your lawyer before any decisions.
Click to expand...

Thanks a lot for your suggestions.
 
All Chargeability Areas Except Those Listed
EB1 C
EB2 C
EB3 15MAR01

China
EB1 01JUL01
EB2 01FEB01
EB3 01JAN01

India
EB1 01FEB03
EB2 01JUL00
EB3 01JAN99

Mexico
EB1 C
EB2 C
EB3 01FEB01

Philipines
EB1 C
EB2 C
EB3 15MAR01


D. EMPLOYMENT PREFERENCE VISA AVAILABILTIY

Many of the Employment preference cut-off dates have advanced for the month of December. This is being done based on the amount of demand currently being received from Citizenship and Immigration Services (CIS) for adjustment of status cases, and consideration for CIS’s processing procedures and staffing patterns. Applicant demand for numbers may be expected to increase following rapid advances in the cut-off dates. This could cause cut-off date movement to be sporadic, and eventually slow or stop later in the fiscal year. At this time, it is not possible to predict the rate of movement in future months.
 
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Perm or Reg - definately Perm

Hi everyone,

My employer emailed me today , telling me my PERM was approved.

Applied: October 5, 2005
PERM PRocessing Center = Atlanta
Job: Sr Programmer Analyst
Bachelors Degree + 5 Year Experience
EB2

Thanks in advance for all the wishes.

Now for I-140 - does anyone have like a list of docs required and which center to follow for PERM from Atlanta?

Thx
PermOrReg - Definately Perm
 
GCComesoon et al I have contacted the closest TV channel NBC10 , near the Bala Cynwyd Backlog processing center , the feedback has been positive . I had posted a messages a few weeks back but only few showed interest then. So far I have got 2 calls from the NBC10 office , next the Innvestigative Producer will be calling , mostly I will request them a number where the members of this forum can call and give their story. Hope we get some where.

Regards
 
This is great. We need wake up more people and let them know how PBEC waste the tax money. It might be better if we can bring up Stephen Stafanco's anti-immigration attitude.

dimpy said:
GCComesoon et al I have contacted the closest TV channel NBC10 , near the Bala Cynwyd Backlog processing center , the feedback has been positive . I had posted a messages a few weeks back but only few showed interest then. So far I have got 2 calls from the NBC10 office , next the Innvestigative Producer will be calling , mostly I will request them a number where the members of this forum can call and give their story. Hope we get some where.

Regards
Click to expand...
 
Great initiative! We need some innovative ideas like these, which can help us. Keep us posted...

Thanks.


dimpy said:
GCComesoon et al I have contacted the closest TV channel NBC10 , near the Bala Cynwyd Backlog processing center , the feedback has been positive . I had posted a messages a few weeks back but only few showed interest then. So far I have got 2 calls from the NBC10 office , next the Innvestigative Producer will be calling , mostly I will request them a number where the members of this forum can call and give their story. Hope we get some where.

Regards
Click to expand...
 
Strange case

Mine is a strange case, my case was filled in delaware under x company , it got transfered to regional on sep 04, when i looked up the tranfer letter lately that my lawer sent to me, i found my labour was filled under a different company name(which i haven't heard), when i asked my lawer he is saying that he havn't heard about that company either and saying DOL screwed up my case he said that he is going to mail DOL about that.
Now i am in my 7 th year extension and i even got that under my present company when i used that transfer letter from different company, i don't know whats happening, now i have to file for my 8th year extension.

Any suggestion is appreciated
 
Which queue is faster?

My case is marked as RIR by mistake at PBEC, although it's non-RIR. Do I need to contact them and ask to change to non-RIR or maybe RIR queue is faster? :)
 
Conference Call with Mr Rajiv

Guys

We - group of people from PBEC yahoo group are planning to setup a conference call with Mr Rajiv to discuss about lawsuite - What is feasible/not feasible etc..

Mr Rajiv has answered many of our questions by email and has suggested for the conference call on tuesday 10am EST. Please plan to join and comeup with question that we can ask.

We need your help with the following two items

a) We haven't setup the conference facility yet. If anyone of you know how to setup a conference pls post the details here.

b) We also need to prepare a list of question that we want ask Rajiv and provide him in advance. Can someone comeup with this list
 
Can you put the website address of that station and the person contacted you.

dimpy said:
GCComesoon et al I have contacted the closest TV channel NBC10 , near the Bala Cynwyd Backlog processing center , the feedback has been positive . I had posted a messages a few weeks back but only few showed interest then. So far I have got 2 calls from the NBC10 office , next the Innvestigative Producer will be calling , mostly I will request them a number where the members of this forum can call and give their story. Hope we get some where.

Regards
Click to expand...

We all will post comments in the website. That will give the person enogh meterial to come up with a story..

Thanks dimpy, this is great idea..
 
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