Philadelphia Backlog Elimination Center Tracking

[bigbang2001]

Folks,
I am so sick and tired of the shi* that Philly BEC is giving us. Well, who isn't?

I have been thinking about applying for a brand new LC via PERM (EB2). I know this means loss of priority date. However, if I get my I-140 approved by the end of 2006, I will have the freedom to change employers as the priority date (in 2006) with go with me to which ever company I move on to...Also, it will make me eligible for a one-time 3 year H-1B extension (6th, 7th and 9th year of H-1B) which will hopefully give sufficient time for waiting for priority date to become current to file 485.

Is anyone else thinking along same lines? Please share your thoughts.

Check with the lawyer about the three year H1 extensions granted after approved I-140 and inability to file for 485. The portability of these 3 year extension from one employer to another employer is a grey area.

 

[GC_from_NJ]

Dude,

Have you lost it or what ? You don't need to make your post loud by making the fonts humungous. Please use normal fonts so that we don't fall of our desk early morning.

All of us understand that we have to get out of this PBEC black hole to even be affected by retrogression. Some members of the forum are putting their efforts behind fighting retrogression...that does not mean you have to shout or curse them to make yourself heard.

This thread was created to discuss PBEC related issues and let us concentrate on that.

My 2 cents.

Hello Guys

I honestly think and i have written in this form maney times that we should spend all of our resources and energies pushing or attcking or pursing PBEC


The axes of evil is PBEC . if pbec is fixed i dont see any other problem at all

But instaed of that we are discussing reterogression issue diverting our attention from PBEC which is causing more harm to us


Everybody knows that if your lc is approved and your I-140 is approved you can get H1B1 ext for three years instead of one years . it means we have to go once to get our visa stamped in three years instead of going every year. we will also save for attroney fee and INS fee. you can file I-140 regardless of your PD date


I know a lot of my friend who got approval of I-140/I485 on one year
but in PBEC people are waiting from 2001 . in PBEC they have stoped repling.
the case status after 45 days letter . MY employer and my attroney send the letter but they did not even bother to reply.

People are waiting here since 2001 but is it fair that person who apply through prem and if he is allowed to file I-485 get the green in one and half year . the only sin of the person who applied in 2001 was that he got struck in pbec ......... Is this fair .................. I think retrogression ensures justice to everybody struck here. even my PD is 06/20/2003 EB3 i am from pakistan and my PD is not current but I support retregression strongly since it gurantees justice to every body struck here

Guys please please try to understand that main problem . axes of evil , bone of contention is PBEC ........... There is no other problem except Pbec

immvoice.com should do some to push PBEC to clear backlog

If Dallas can work so fast why cant Pbec


All of us can send letters to pbec Sectery we can apprach the senetar/congressman can protest infornt of building of PBEC / can raise funds for this purpose to get rid from this bullshit problem


[SIZE=3]BUT IF WE KEEP DISCUSSING RETROGRESSION ISSUE . PBEC WILL REMAIN COOL AND WE WILL KEEP GETTING ONE APPROVAL IN A MONTH AND OUR CASE WILL BE LYING WITH PBEC FOR NEXT 10 YEARS [/SIZE]

 

[aamchimumbai]

quick question

I have a question based on your comment below -

"However, if I get my I-140 approved by the end of 2006, I will have the freedom to change employers as the priority date (in 2006) with go with me to which ever company I move on to"

Even if you get your I-140 approved by end of this year.....only based on your I-140 approval how can you change your employers w/o EAD ? wouldn't it affect your gc....correct me if am wrong.

Could you please explain.....that'll be helpful to all of us in the forum.

thanks,

Folks,

I am so sick and tired of the shi* that Philly BEC is giving us. Well, who isn't?

I have been thinking about applying for a brand new LC via PERM (EB2). I know this means loss of priority date. However, if I get my I-140 approved by the end of 2006, I will have the freedom to change employers as the priority date (in 2006) with go with me to which ever company I move on to...Also, it will make me eligible for a one-time 3 year H-1B extension (6th, 7th and 9th year of H-1B) which will hopefully give sufficient time for waiting for priority date to become current to file 485.

Is anyone else thinking along same lines? Please share your thoughts.

 

[saknia]

This is a Dallas BPC case, atyagi was just comparing between PBPC and DBPC. The Dallas BPC is now processing March 2004 RIR cases that had previously gone the Regional office.

Even though PBEC was slow I was happy allalong that they did not do many random approvals. I was shocked for a mintue reading this.

Guys mention DBEC ( to prevent any Heart attacks in this forum)

 

[PainfulGC123]

I have a question based on your comment below -

"However, if I get my I-140 approved by the end of 2006, I will have the freedom to change employers as the priority date (in 2006) with go with me to which ever company I move on to"

Even if you get your I-140 approved by end of this year.....only based on your I-140 approval how can you change your employers w/o EAD ? wouldn't it affect your gc....correct me if am wrong.

Could you please explain.....that'll be helpful to all of us in the forum.

thanks,

Please read this article to understand how "Substitution of Priority Date" works.
http://www.murthy.com/news/UDinsigs.html

The following is a quote from the above article:

This substitution of the priority date from one employment-based (EB) application to another is possible even if the EB petitions are sponsored by different employers, or are in different preference categories.

An example of this scenario is when an employer sponsors an employee for the Green Card process and during the process the employee leaves to take a job at another company. If the employee leaves after the first company has obtained the I-140 petition approval, she/he must start the process over but can retain the original priority date. If the employee leaves the company before the I-140 petition has been filed, the employee leaves without the priority date, unless the first employer continues the process for the employee with the intention of the parties to continue employment after the Green Card is approved.

The proper time to claim the original priority date is at the filing of the subsequent I-140, or at the filing for adjustment of status (I-485) based upon the second I-140. A copy of the earlier I-140 approval notice is included with the filing, to prove entitlement to the earlier priority date. There is an exception to this rule. If the INS revokes an I-140 approval due to fraud or misrepresentation, the priority date is lost and cannot be re-used.

 

[saknia]

I have a question based on your comment below -

"However, if I get my I-140 approved by the end of 2006, I will have the freedom to change employers as the priority date (in 2006) with go with me to which ever company I move on to"

Even if you get your I-140 approved by end of this year.....only based on your I-140 approval how can you change your employers w/o EAD ? wouldn't it affect your gc....correct me if am wrong.

Could you please explain.....that'll be helpful to all of us in the forum.

thanks,

Hi

If you have 140 approved and want to change company the PD date of that is yours

meaning - You can join a new Compnay. But you have to apply for Labor with that company with same Criteria as previous one and get it approved.After that you have do I140 for that company. But while filing for 485 you can have the same Priority date of previosu I140

Hope this clears your doubt

 

[bigbang2001]

Hi Bigbang 2001

If experience Certificate are not required documents how the Labor will verify that you have the required Experience + Degree as stated in AD and Labor petition. I donlt think that labor Department will not verify this part leaving this to be verified by the Company itself.

This is something like Payslip for H1 Transfer which is not a required documents but which will tell the INS officer that you maiantain status so that your appliaction goes through with out any doubt in his mind

I think it is better if you can somehow send your Experience documents to the officer concerned. the Trouble with that is that PBEC will not know where is your Case Lying ( meaning which BOX ) to add these to your application

Nowadays when a case is being Reviewed they take a longtime. When there is something that is missing this might delay even the RFE comeing to you and you sening it back etc

Take a second opinion from some one like Attorney Rajiv/ Murthy and do the needful. With the delays we haer for Reviews I think it is worth the trouble
and money you will spend on this. More important is that Attorney should have someone inside who can attach the papers correctly to tour application

Just my thinking

Thank you Saknia fro a detailed reply.

I have had repeated arguments with company lawyer and he is adament that any proactive contact with PBEC is detrimental for the case. An argument which seems to get reinforced by aprilc2002 information.

I am taking a third opinion and would consult one of the lawyers listed by you but the documents have to go through compnay lawyers and I have been told to keep quiet by HR and the so called lawyers.

Coming back to whether experience documents are needed at LC stage, everyone I met informed me that it is only needed at I-140 stage. The argument was LC is for a future job and DOL has to verify that job can not be filled by existing applicants.

Mine is a RIR case which has cleared and that is another reason company attorney does not want to meddle at all. So the suggestion is to wait and watch.

Best Regards,
bigbang2001

 

[PainfulGC123]

Hi

If you have 140 approved and want to change company the PD date of that is yours

meaning - You can join a new Compnay. But you have to apply for Labor with that company with same Criteria as previous one and get it approved.After that you have do I140 for that company. But while filing for 485 you can have the same Priority date of previosu I140

Hope this clears your doubt

Please note that the labor with the new company B need not have the same criteria as the first Labor with company A. For example, labor with company A can be in EB3 where as labor at company B can be in EB2 and attorney can still request for a successful portability / substitution of priority date while processing 485 with company B. Hope this helps!

 

[StressTestInUSA]

Please note that the labor with the new company B need not have the same criteria as the first Labor with company A. For example, labor with company A can be in EB3 where as labor at company B can be in EB2 and attorney can still request for a successful portability / substitution of priority date while processing 485 with company B. Hope this helps!

All these thoughts are out of frustration with PBEC...

Has anyone done these in the past...and been successful...for all these tactics we need very effecient attorneys..or else we will be screwed again big time at that stage... there is so much of fine print all over these issues

As the years r passing by..options r just becoming narrower and narrower..!!

At times, I think to just get on with my life.....the more desperate we look for answers from PBEC..the more behind they r lagging...

 

[va_aug_2002]

Hi

If you have 140 approved and want to change company the PD date of that is yours

meaning - You can join a new Compnay. But you have to apply for Labor with that company with same Criteria as previous one and get it approved.After that you have do I140 for that company. But while filing for 485 you can have the same Priority date of previosu I140

Hope this clears your doubt

I was planning to wait till I140 to change the employer because I guess that is more reliable than trying to change the employer before 140 approval since I am closer to my 6 years. I have applied Labor in Aug 2002 from VA in EB3 but all this talk about retrogessing getting stuck at April 01 is making me wonder whether it is worthwhile to wait on the existing Labor on EB3 or to file new PERM with nre PD and in EB2. I am from retrogessed country.

I have couple of question related to this and hopefull Gurus from the forum can throw some light.
1) If I change employer after I140 approval, when do I have to do H1 transfer ? After I 140 approval and before joining new company ? Also Do I have to wait for new Labor approval to file for 485 , even though the visa date might be current ?

2) Lets see I plan to change the employer before LC/140 approval , can I apply new Labor and then 140 before joining the new company ? Once I get 140 approval from new company , can I then do h1 transfer and join new company ?

I am just frustated waiting for Labor for so long and missing good oppurunity so trying to explore if there are any other options rather than waiting for Aug 02/EB3 Labor.

Any information will be useful.

Thanks,
va_aug_2002.
Pd: Aug 2002
VA/RIR/EB3 from retrogessed country.
Went to Region before PBEC
Replied 45 days letter -- Jan 04.

 

[2002calabor]

sounds like a plan

I am myself thinking on these lines. I am not sure when PBEC will move. My PD is Sept 2002 and if things move at the current pace I am not sure if I will be able to file 485 even by end of the year!

If pbec starts clearing cases sometime this year and the dates have moved to 2002 (and not suddenly current) I am hoping to be able to file 140 & 485.

On the other hand I am thinking maybe I should file a new perm petition and just wait for dates to get current. That might happen sooner than my labor getting cleared!

Folks,
I am so sick and tired of the shi* that Philly BEC is giving us. Well, who isn't?

I have been thinking about applying for a brand new LC via PERM (EB2). I know this means loss of priority date. However, if I get my I-140 approved by the end of 2006, I will have the freedom to change employers as the priority date (in 2006) with go with me to which ever company I move on to...Also, it will make me eligible for a one-time 3 year H-1B extension (6th, 7th and 9th year of H-1B) which will hopefully give sufficient time for waiting for priority date to become current to file 485.

Is anyone else thinking along same lines? Please share your thoughts.

 

[StressTestInUSA]

va_aug_2002:

you r very close to your labor approval ..maybe at the worst 6 months...
but again retrogression comes into the scene...

If you get some answers I will get in touch with u...mine is same case too...pining my hopes with an eb3 dec 2002 case with retrogression is doubtful...Maybe we r losing another PD here not filing one LC thru Perm now...

unless there is a comprehensive immigration done for us too....we r in big mess...A new eb2 PD in 2006 as of now is not tempting for anyone though...maybe if we r stll hanging around these forums for the next 4 yrs then...yes

 

[vine95050]

May be I am analyzing may be I am predicting may be I am bad.... and though what ever info I know I am just passing by, it may be not be tasty for many and may for some....I am satisfied with some people because I dont want to be a politician who wants to have following BEHIND him.....
---
---

Hi guys, I'm logging in after a long time and nothing significant has changed.. Nice to see new people contributing to the forum.

aprlc2002, please do keep posting whatever information you get. It might give some of us a realistic picture of this mess. -my 2 cents.

I attended an online chat with Attny. Gregory Siskind on ilw.com and there was a question on PBEC. Siskind said that AILA is continuously talking to the DOL/PBEC about the delays and is pushing them to process faster. Siskind gets the impression that PBEC has more number of cases than DBEC, many of which - PBEC cases, are totally unorganized. It is his guess (just a guess) that a good number of PBEC cases would be transferred to some other agency, not sure which agency. Again, this is just Siskind's guess. Please don't panic. He also said that switching to PERM is a good option, but it needs to be done extremely carefully if you want to retain your old PD. If you're happy with a 2006 PD and have resources, go ahead and do it.

According to my paralegal though, a lot would be clear by June 2006. She suggests not to jump to PERM yet if you have an early PD. In many cases PERM would be useful only when you change jobs.

 

[jhegde]

I am still waiting from DBEC

Hi Justwatching,

My RIR EB3 case was sent to Regional and transferred from there to DBEC. My PD is 8/18/03 and RD is 8/18/04. My ETA # is D-04320-03XXX. I saw almost all RD cases from SFO DOL up to Jan last year have been cleared at DBEC and they are now processing March 2005. Any clue what methodology they are using? I have asked for a screen shot but they have not yet responded, I guess (That's what my attorney say). Thanks for your help. Also, can you post the new zip file?

This is a Dallas BPC case, atyagi was just comparing between PBPC and DBPC. The Dallas BPC is now processing March 2004 RIR cases that had previously gone the Regional office.

 

[NJ Oct02-PD]

Go for it!!!

If your employer (current or future) would be willing to file a new LC petition for you under PERM-EB2, go for it before it's too late!!! Even though if you are from China or India, your hope to get your GC will still be double than where you are right now. I wish if somebody had advised me the same when PERM became available last year.

I am myself thinking on these lines. I am not sure when PBEC will move. My PD is Sept 2002 and if things move at the current pace I am not sure if I will be able to file 485 even by end of the year!

If pbec starts clearing cases sometime this year and the dates have moved to 2002 (and not suddenly current) I am hoping to be able to file 140 & 485.

On the other hand I am thinking maybe I should file a new perm petition and just wait for dates to get current. That might happen sooner than my labor getting cleared!

 

[gcco]

vine95050

Hi guys, I'm logging in after a long time and nothing significant has changed.. Nice to see new people contributing to the forum.

aprlc2002, please do keep posting whatever information you get. It might give some of us a realistic picture of this mess. -my 2 cents.

I attended an online chat with Attny. Gregory Siskind on ilw.com and there was a question on PBEC. Siskind said that AILA is continuously talking to the DOL/PBEC about the delays and is pushing them to process faster. Siskind gets the impression that PBEC has more number of cases than DBEC, many of which - PBEC cases, are totally unorganized. It is his guess (just a guess) that a good number of PBEC cases would be transferred to some other agency, not sure which agency. Again, this is just Siskind's guess. Please don't panic. He also said that switching to PERM is a good option, but it needs to be done extremely carefully if you want to retain your old PD. If you're happy with a 2006 PD and have resources, go ahead and do it.

According to my paralegal though, a lot would be clear by June 2006. She suggests not to jump to PERM yet if you have an early PD. In many cases PERM would be useful only when you change jobs.

thanks man for this update..
gcco

 

[va_aug_2002]

va_aug_2002:

you r very close to your labor approval ..maybe at the worst 6 months...
but again retrogression comes into the scene...

If you get some answers I will get in touch with u...mine is same case too...pining my hopes with an eb3 dec 2002 case with retrogression is doubtful...Maybe we r losing another PD here not filing one LC thru Perm now...

unless there is a comprehensive immigration done for us too....we r in big mess...A new eb2 PD in 2006 as of now is not tempting for anyone though...maybe if we r stll hanging around these forums for the next 4 yrs then...yes

Thanks StressTestinUSA.

If anybody knows any details for the following scenario, can you please share the information.

With the existing Labor pending in PBEC thru company A, can I apply new Labor (PERM /EB2/New processing date) through company B and then 140 thru Company B before joining the company B or do I have to be on Company B's H1 for either of this stages ? Once I get 140 approval from company B, can I then do h1 transfer to company B and join company B ?

 

[LiveinNewYork]

JustWatching,

question: How can I get my case number.
Mine was filed in Feb 11 2004 in New York EB3- RIR and later it was transfered to Philly BPC.

Thanks

No, I have not received my 45-day letter.

Back in March, BPC sent 45-day letters to cases in the P-05031-XXXXX to P-05032-XXXXX range, mostly NY cases. Then they stopped.

There are cases, again mostly NY, in the P-05032-XXXXX to P-05033-XXXXX that have not received their 45-day letters. So I am not alone but that is no comfort.

I have my case number, it starts with a P, and the BPC has confirmed that they have not issued the 45-day letter. This info I got in December. I had hoped that perhaps my interactions with them would trigger the issuance of the 45-day letter. No such luck yet.

 

[altug]

Hi guys, I'm logging in after a long time and nothing significant has changed.. Nice to see new people contributing to the forum.

aprlc2002, please do keep posting whatever information you get. It might give some of us a realistic picture of this mess. -my 2 cents.

I attended an online chat with Attny. Gregory Siskind on ilw.com and there was a question on PBEC. Siskind said that AILA is continuously talking to the DOL/PBEC about the delays and is pushing them to process faster. Siskind gets the impression that PBEC has more number of cases than DBEC, many of which - PBEC cases, are totally unorganized. It is his guess (just a guess) that a good number of PBEC cases would be transferred to some other agency, not sure which agency. Again, this is just Siskind's guess. Please don't panic. He also said that switching to PERM is a good option, but it needs to be done extremely carefully if you want to retain your old PD. If you're happy with a 2006 PD and have resources, go ahead and do it.

According to my paralegal though, a lot would be clear by June 2006. She suggests not to jump to PERM yet if you have an early PD. In many cases PERM would be useful only when you change jobs.

Guys,

I am in a very similar situation. I put another post recently about this, but since I see subject is becoming more popular, I wanted to share my dilemma. My PD is July 31, 2002 and I have been waiting saying "today or tomorrow" for the last 4-5 months And as of today story didn't change. Today or tomorrow. My attorney is pushing me to do PERM since I am EB2 nonretrogressed and my company is willing to do the paperwork (but not pay). Attorney's point is that I have nothing to lose (but $$$) and he told me that these guys in PA stopped processing approvals because of the reaction they took due to lack of FIFO. Now until God knows when they will only send our beloved 45-day letters.

Million dollar question is to perm or to wait a bit longer.

 

[saknia]

Guys,

I am in a very similar situation. I put another post recently about this, but since I see subject is becoming more popular, I wanted to share my dilemma. My PD is July 31, 2002 and I have been waiting saying "today or tomorrow" for the last 4-5 months And as of today story didn't change. Today or tomorrow. My attorney is pushing me to do PERM since I am EB2 nonretrogressed and my company is willing to do the paperwork (but not pay). Attorney's point is that I have nothing to lose (but $$$) and he told me that these guys in PA stopped processing approvals because of the reaction they took due to lack of FIFO. Now until God knows when they will only send our beloved 45-day letters.

Million dollar question is to perm or to wait a bit longer.

Since you are July 2002 I will advise you to wait for 2 months before jumping on to PERM. But if you have some dollars to burn and not want to waste any more time you can start the PERM prepartion process whih might be 30-60 days depending on your Legal dept and Attorney speed. In another 2 months time it will be much clearer

You have 45 days reolied in your signature. But you are writing that you are waiting for 45 days letter ????

PERM Could be a better option for 2003 & beyond and certainly not for 2002 Guys

My 0.000002 Cents