Philadelphia Backlog Elimination Center Tracking

bettertimes said:
I am a Sr.Software Engineer (MA). I have Non-RIR LC pending at PBEC with PD Jun-2003 on 7th year. I have MS ( 5+ years experience ) with current company. I am thinking of filing a new case under PERM EB2.

Should I do it considering the retrogression ( am from retro country )?

PERM conversion is very risky because of the prevailing wage issue and on-the-job experience. My wage is very close to the median. And the 5+ years is with the same employer. I joined the company as Software Engineer and got promoted to Sr.Soft Engineer.
What lawyer say's is that my on-the-experience is an issue, Is this really a problem?

If my employer starts recruitment for e.g send a job order to SWA and put ad's. After 30 days based on the responses lets say if my company decicdes not to proceed. What are the negative consequences on pending LC and future PERM filing?

If i leave current LC at PBEC and file a new PERM EB2. let's say if it does get approved,
and also file I140 let's say if it does get approved. Get a 3 year extension, then can i still proceed with old LC at PBEC for old PD.? Is that legal?
Click to expand...


The experience gained with your current employer cannot count while applying for a GC. The administration will look at what you had before you joined the employer.
 
mine recruitment were done before it was sent to PBEC....just fyi...


bettertimes said:
Has anyone from MA / Non-RIR /EB3 received permission from PBEC to do the recruitment?

According to my lawyer, PBEC is mainly focussing on RIR applications at this time.

How does one decode PBEC case# P-05173-XXXXX ?
Click to expand...
 
Last edited by a moderator:
Who knows how long it's taken ???

EB3/Sept 02/RIR/CA/PBEC/45day March 05.

Who knows how long it's taken ?

We have lost some chances in US to get better job and more salary now
so, I think many companies of US can push thier slavers very easily without
any more expense for over 5 or 10 years and US government also can screen
good slavers.
Even we have issued the slow approved they will be don't care it.
Let's see this country rightly for our family.
What can we get here in our family life ??

BS,

Eun
 
For today, Call senators in Conf. Committee for support

Hi Guys,

Sorry for the diversion from the main subject of the tread.

Please call the following senators today to support section 8001 of the Senate Deficit Reduction Omnibus Reconciliation Act (S.1932)

This section provides for recapture of unused GC numbers, allows to apply for I485 even when the date is not current, do not count dependents towards the cap, recaptures H1B numbers etc.

Because the bills passed in Senate and the House of Representatives differ, they have gone to the vehicle for sorting out differences called Conference Committee. Following is the list of Senators on this committee.

You can say something like this :

"I am calling to request senator to vote for section 8001 of the Senate Deficit Reduction Omnibus Reconciliation Act when this comes up
for consideration in the conference committee.”

SENATORS DC Phone DC FAX

Senator Richard C. Shelby (R- AL) 202-224-5744

> Senator Jeff Sessions (R- AL) 202-224-4124

> Senator Ted Stevens (R- AK) 202-224-3004

> Senator Wayne Allard (R- CO) 202-224-5941

> Senator Saxby Chambliss (R- GA) 202-224-3521

> Senator Daniel K. Inouye (D- HI) 202-224-3934

> Senator Charles E. Grassley (R- IA) 202-224-3744

> Senator Tom Harkin (D- IA) 202-224-3254

> Senator Mitch McConnell (R- KY) 202-224-2541

> Senator Edward M. Kennedy (D- MA) 202-224-4543

> Senator Max Baucus (D- MT) 202-224-2651

> Senator Judd Gregg (R- NH) 202-224-3324

> Senator Kent Conrad (D- ND) 202-224-2043

> Senator Arlen Specter (R- PA) 202-224-4254

> Senator Patrick J. Leahy (D- VT) 202-224-4242

> Senator Patty Murray (D- WA) 202-224-2621

> Senator Michael Enzi (R- WY) 202-224-3424

> Senator Pete V. Domenici (R- NM) 202-224-6621

> Senator Paul S. Sarbanes (D- MD) 202-224-4524

> Senator Jeff Bingaman (D- NM) 202-224-5521


Thanks,
 
Experience with same employer is an issue

They don't consider experience with same employer.


bettertimes said:
I am a Sr.Software Engineer (MA). I have Non-RIR LC pending at PBEC with PD Jun-2003 on 7th year. I have MS ( 5+ years experience ) with current company. I am thinking of filing a new case under PERM EB2.

Should I do it considering the retrogression ( am from retro country )?

PERM conversion is very risky because of the prevailing wage issue and on-the-job experience. My wage is very close to the median. And the 5+ years is with the same employer. I joined the company as Software Engineer and got promoted to Sr.Soft Engineer.
What lawyer say's is that my on-the-experience is an issue, Is this really a problem?

If my employer starts recruitment for e.g send a job order to SWA and put ad's. After 30 days based on the responses lets say if my company decicdes not to proceed. What are the negative consequences on pending LC and future PERM filing?

If i leave current LC at PBEC and file a new PERM EB2. let's say if it does get approved,
and also file I140 let's say if it does get approved. Get a 3 year extension, then can i still proceed with old LC at PBEC for old PD.? Is that legal?
Click to expand...
 
Another Approval - NY- RIR EB3 -Jan31 2002

Labor Certification Approved - 14th Dec 2005

--------------------------------------------------------------------------------

NY. Applied on Jan 31 2002
RIR/EB3
Attorney recieved&responded to 45-day letter in Mid October.
 
Experience with the same employer can be counted only if it was gained in a substantially different position. Position is "substantially" different if >= 50% of the job duties are different. I think a different Job Title would be helpful, too. If you want to count experience with the same employer, use these numbers as a guidance, but make sure to talk to your lawyer. At the end of the day, your lawyer and your manager may have to prove to DOL a 50% difference in the duties.

As an interesting example, a change in my Job Description (from Application Development to Kernel/Database Framework Development) was substantial enough for the lawyer to recommend a new PERM filing (old LC would risk denial as I have different job duties), while it was not substantial enough to allow me to count my "Application Development" experience gained within this company.

PBECIsKillingMe said:
They don't consider experience with same employer.
Click to expand...
 
Last edited by a moderator:
Hi nviren,
Please don't mistakean me!!!.
I assume that your labor got cleared and in the last stage of GC process!!!. Good luck to you. You have posted this in the wrong forum
I am a PBEC victim waiting for LC approval for almost 3.6 years with PD of mid 2002 and also other buddies are there with the PD 2001. Please first support us to get out of this PBEC mess.
By the way what is your PD???
I don't want richer to become more richer!!!!!! My 2 cents.
This is my opinion.

QUOTE=nviren]Hi Guys,

Sorry for the diversion from the main subject of the tread.

Please call the following senators today to support section 8001 of the Senate Deficit Reduction Omnibus Reconciliation Act (S.1932)

This section provides for recapture of unused GC numbers, allows to apply for I485 even when the date is not current, do not count dependents towards the cap, recaptures H1B numbers etc.

Because the bills passed in Senate and the House of Representatives differ, they have gone to the vehicle for sorting out differences called Conference Committee. Following is the list of Senators on this committee.

You can say something like this :

"I am calling to request senator to vote for section 8001 of the Senate Deficit Reduction Omnibus Reconciliation Act when this comes up
for consideration in the conference committee.”

SENATORS DC Phone DC FAX

Senator Richard C. Shelby (R- AL) 202-224-5744

> Senator Jeff Sessions (R- AL) 202-224-4124

> Senator Ted Stevens (R- AK) 202-224-3004

> Senator Wayne Allard (R- CO)


202-224-5941

> Senator Saxby Chambliss (R- GA) 202-224-3521

> Senator Daniel K. Inouye (D- HI) 202-224-3934

> Senator Charles E. Grassley (R- IA) 202-224-3744

> Senator Tom Harkin (D- IA) 202-224-3254

> Senator Mitch McConnell (R- KY) 202-224-2541

> Senator Edward M. Kennedy (D- MA) 202-224-4543

> Senator Max Baucus (D- MT) 202-224-2651

> Senator Judd Gregg (R- NH) 202-224-3324

> Senator Kent Conrad (D- ND) 202-224-2043

> Senator Arlen Specter (R- PA) 202-224-4254

> Senator Patrick J. Leahy (D- VT) 202-224-4242

> Senator Patty Murray (D- WA) 202-224-2621

> Senator Michael Enzi (R- WY) 202-224-3424

> Senator Pete V. Domenici (R- NM) 202-224-6621

> Senator Paul S. Sarbanes (D- MD) 202-224-4524

> Senator Jeff Bingaman (D- NM) 202-224-5521


Thanks,[/QUOTE]
 
Hi,

My case was filed in May 2002 / RIR / EB3/ NJ - Status Incomplete.
Waiting for 45 days letter. On the info i got from Backlog Center, my case type is shown as "TR" (I believe Traditonal Process).

But my lawyer says he has filed under RIR category. Can the Immg Dept change the case type from RIR to TR, when under process?

Please post here, if anybody come accross this situation.

Thank You
 
What is the 45 day letter thing??? Is that the letter that my attorney got after my file was transferred to the backlog center giving him 45 days to submit the answer as to if you want to continue or not? If that's what it is, mine was received 02/14/05 and faxed back the same day.
So now I know PD 2/05, RD is 08/05 what else can I add to my list?
Thanks
 
Another labor approval

I am not sure if it's from PBEC. It wasn't mine.

BTW here is another labor approval.

http://boards.immigrationportal.com/showthread.phpt=106674&page=293&pp=15

Labor approved

--------------------------------------------------------------------------------

Dear all, my labor was finally approved after three more years (PD 05/2002, EB3 RIR). The attorney received and replied to the 45 day letter in early Nov.

I have almost lost hope after trying almost everything, sending letters to senator, congressman, DOL, Elaine Chao, calling PBEC, etc. But it finally came...

I want to thank you all for providing valuable information and sincerely hope you the best luck with your GC process. Thank you, Justwatching, for your great work, please update the track at your convenience. I believe your labor will be cleared soon (given you early PD and not so late P-number). It seems PBEC is following some kind of FIFO, although extremely frustrating for us.

Good luck and have a great weekend!




saknia said:
Hi

Has this NY case approved from PBEC.

For I140 issues you can go this General Thread- General I-140 and Related Issues - http://boards.immigration.com/forumdisplay.php?f=14

For tracking it depends on where you file and Service Center wise there are Trackers ( Like Vermont Service Center I-140 ). Based on wher you file you need to go there
Click to expand...
 
Congrratulations

Wish you all the best for your 140 and 485 processes.

Could you please tell that you labor was applied from which state?
 
LC Cleared

Long time never been here. Just let you guys know that my LC was cleared last week. It is not a very exciting news, since I was not excited when got the Email from the lawyer.

My PD 10/23/2001
RIR, FROM Maryland.

It has been officially 4 year & 3 months.

Not sure if this is a news, but hope you guys the luck too.
 
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