Philadelphia Backlog Elimination Center Tracking

[cantstandit]

Hi: My case is stuck at PBEC (PD Oct 2001; MD; 45letter replied in July2005). I have lost my patience and have decided to not worry about my GC process, but instead go back to school full time for a MBA in the US or Europe (not keen on doing it part time). If I wait for a GC I am thinking it would be atleast another 2 or more years.

I am thinking of applying for Aug 2007.

Thinking out loud what should be my strategy:
. Work on my applications
. Apply for H1B extension since my 6yrs on H1B ends on Dec 2006. (I have been with the same company since 2000).
. When I get admitted, I can ask my company if they would be willing to continue my GC processing while I go to school. (If they say NO, I am OK with it; GC is no longer a top priority for me)
. If they agree, is there any legal requirements that I should keep in mind: like I should be in the US till I get the GC; etc. (I realize that I will have to work for the company once I get my GC. But do I have to start working as soon as I get my GC? What if I get the GC before I finish up school?)

Anything else that I should think about?

I would like to hear from others who have been through a similar decision process.

Thanks.

from what I understand, if you go back to school, your gc process will still go on, but the adjustment of status will happen via Consular Processing, not via 485 here.

It's pretty much the same, but the difference is that you wouldn't be able to live here while you wait for the gc like the rest of us ... but that wouldn't be a big of a problem considering your PD.

And naturally you'd have to work for your sponsor for a while, in the same position you were sponsored for (the same you held in 2001), which could be a drag ... I don't think there's a hard deadline, but I've read that people must work for at least 6 months before switching jobs, otherwise the Immigration might think it was a fraud.

Your strategy is pretty interesting ... it could work for me too, but going back to school would be such a pain in the neck, can you imagine doing homework, assignments, etc ?! without being paid, and that sucks

 

[Days_go_by]

Just 1 more thing to add here

I am not srue about this but u should check if there could be any issues in getting onto F1 if u have a GC application pending. F1 is non-immigrant intent and if u have GC app pending there's a conflict and ur F1 might get denied.
Any comments from anyone else?
DGB

from what I understand, if you go back to school, your gc process will still go on, but the adjustment of status will happen via Consular Processing, not via 485 here.

It's pretty much the same, but the difference is that you wouldn't be able to live here while you wait for the gc like the rest of us ... but that wouldn't be a big of a problem considering your PD.

And naturally you'd have to work for your sponsor for a while, in the same position you were sponsored for (the same you held in 2001), which could be a drag ... I don't think there's a hard deadline, but I've read that people must work for at least 6 months before switching jobs, otherwise the Immigration might think it was a fraud.

Your strategy is pretty interesting ... it could work for me too, but going back to school would be such a pain in the neck, can you imagine doing homework, assignments, etc ?! without being paid, and that sucks

 

[cantstandit]

I am not srue about this but u should check if there could be any issues in getting onto F1 if u have a GC application pending. F1 is non-immigrant intent and if u have GC app pending there's a conflict and ur F1 might get denied.
Any comments from anyone else?
DGB

that's a good point, I was thinking in terms of him moving to Europe. If he goes to school here, then he'd have to be on an F visa .. and yes, he'd have to check the 'have you ever filed an immigrant petition" check box, and that at the bare minimum would raise a flag for the visa officer.

 

[manwithnoname]

My labor application was closed by PBEC in error. I'm trying to re-open it. It seems it's hard and PEBC is very slow. I just got Canadian Immigration approve notice. My 7th year H1 extension will wxpired in July, 2006. I really don't know how to do right now. Do I need go to Canada and till I get Citizen there or just stay one year and come back with a new 6 year H1-B? If I'm permanent resident in Canada, do I still apply H1-B if I want to work in USA? Any reply will be appreciate!

 

[mrvgson]

GC vs school

If he goes to school here, then he'd have to be on an F visa .. and yes, he'd have to check the 'have you ever filed an immigrant petition" check box, and that at the bare minimum would raise a flag for the visa officer.

Thanks cantstandit, csrini1 , Days_go_by for taking time to respond.

I wasn't fully aware of the restriction above. So even if my company decides to continue my GC, then it would mean I cant get a F1.

Well, I guess, I would then have to focus on non-US schools. I will have to think about it more.

Thanks.

 

[StressTestInUSA]

Thanks, StressTestInUSA! Thanks for your useful analysis. I'm not a single. I have a family with two kids. My elder son already study in Middle School. I have another queation, if I file a lawsuit against PBEC to seek a fair judgement. During this period, is that count legal stay in USA until the case has a result? another thing, my company has a employee left company, but his labor got approved after he left. My attroney said, even I can use it for applying I-140, i still can not use it for renew my H1-B extension. By the way, this colleague's PD is beginning of 2005. Thanks for any reply!

If you have a family and kids in middle school now..I wud say hang around here and try to get your file reopen..if u comeback on a anew H1..your middleschool kid might run into age out problems with the retrogression scenario. if needed even goto Philly, thinking of the time factor..

Anyway your PD is somewhere around Dec 2003 EB2..it will take a while for that date to get current...meanwhile try to get this file reopen..did u checkout for the guy here in this thread who tried to reopen his case...?? for sure I read it in this forum it took 7months to reopen his case...

Personally I wud say a lawsuit for a personal case might not be good...only reason, we cant be choosers..its better to request and get things done ...I know all this pisses us off...but..if we choose to hang around here..we need to test our patience for this lifetime...!!

yea..even I am on the 7th yr H1 ending May2006..filed for 8th yr...so your not alone in this nth H1 extensions....just hoping our extensions dont run into nn'th extensions...

You have too many options man...!! now this approved labor of Pd2005.. just kidding...!! now soon labor substitution is getting out...!! if you need this you need to act fast...

Thinking seriously...your struggling PD of Dec 2003 and Early 2005 approved is just a little more than 1 yr apart....so, now we need to guessitmate when wud 2005 early date cud become current...??!! this is also a good option....

I cann really understnad what your situation cud be...!!??

 

[manwithnoname]

My labor application was closed by PBEC in error. I'm trying to re-open it. It seems it's hard and PEBC is very slow. I just got Canadian Immigration approve notice. My 7th year H1 extension will wxpired in July, 2006. I really don't know how to do right now. Do I need go to Canada and till I get Citizen there or just stay one year and come back with a new 6 year H1-B? If I'm permanent resident in Canada, do I still apply H1-B if I want to work in USA? Any reply will be appreciate!

Please consider the following points before arriving at a decision:

1. How much time you have in your current H1 (more the better)? Is it sufficient to re-open the case at P-BEC? All cases are unique and there are instances of successful case re-openings (please read further in this thread).
2. You may opt to stay out of the U.S. for 1 year. Please make sure your employer files a new Labor Certification through PERM (preferably before you depart). Also your employer should file a new H1B that will make you eligible to resume work after 1 year gap. You GC process can continue even when you are out of the country.
3. You need to be in Canada (physically) in 2 out of 5-year period to maintain PR. The countdown starts from the day you landed. Please note that Canadian PR do not provide you working rights in the U.S.
4. In order to qualify for Canadian citizenship application, you need to be physically present in Canada for 3 years out of a 4 year period.
5. Once you are Canadian Citizen, you may apply for TN visa to work in US. It is easier to get a TN visa as it is less restricted that H1 (no quota limit, more jobs qulify under the banner of TN). However, TN visa does not allow dual intent - i.e. you cannot file a GC with TN. There are certain exceptions to this rule but only an expert can answer.

 

[imcdude]

There is now a noticeable slow down in approvals from PBEC.
I guess PBEC has gone back to data entry mode or do-nothing mode.

 

[gc9906]

Thanks, StressTestInUSA and manwithnoname! I find out lost4ever, his case was closed at PBEC on 3/22/05, and reopened at 9/29/05.

 

[PBECIsKillingMe]

Are We Dreaming ???

DOL says that they will clear 360,000 applications in 18 months. It is 1000 applications per day.

Are we dreaming or too much over estimating PBEC ???

 

[bigbang2001]

DOL says that they will clear 360,000 applications in 18 months. It is 1000 applications per day.

Are we dreaming or too much over estimating PBEC ???

It is 180K for PBEC so at least you can reduce your numbers


Dreaming is more likely. After all they are govt. agency with little accountancy.

 

[mayhemNYC]

It is 180K for PBEC so at least you can reduce your numbers


Dreaming is more likely. After all they are govt. agency with little accountancy.

When I saw that I laughed like crazy, of course swore a lot too...
They are making fun of us...
If they are done w/ 45day letters until that time I will be suprised...

 

[mayhemNYC]

Thanks to Tanveer & StressTESTUSA

We beat DBEC with the No of Posts

Dallas Backlog Elimination Center Tracking ( 1 2 3 4 5 ... Last Page )
No of Posts 10,656

Philadelphia Backlog Elimination Center Tracking ( 1 2 3 4 5 ... Last Page )
No of Posts 10,936

I can hear people grumbling in the back : Does it matter !!! Give me my Labor and Iam Gone

Philly sucks more nonetheless!...

 

[TechGuy]

DOL says that they will clear 360,000 applications in 18 months. It is 1000 applications per day.

Are we dreaming or too much over estimating PBEC ???

Here is my take...

PBEC needs to approve around 450 to 500 applications per day starting Feb 15 2006.

When the BECs are started in Nov 2004, I remember Icarus said that around 15 to 20 DOL staffs are in PBEC. (Rest of them are Contractors who do not have powers to do final processing).

With this assumption the bottom line is: "15 minutes per application for final review". This may be easy for RIR regional cases. But, I beleive, the RIR SWA and Non RIR cases will take more time. So 18 months is a tough target, unless:

1) PBEC has more DOL staff ( I don't think so)
2) PBEC already approved lots of cases ( do you beleive this?)

My assumption/calculations only.

 

[dvp1961]

Another DOL Mess - Is their claim true?

PERM System Still Down Making People Nervous and Concerned

The PERM website was scheduled to be down from the evening of Friday, 02/17/2006, till the evening of Saturday, 02/18/2006. Indeed, the PERM started working beginning from Satuday evening, but it lasted only for a short period of time. The PERM online filing and checking system has since been down and no one could file any new cases nor can anyone check the status of their cases.

<====>
There was unconfirmed report that some of the files at the Backlog Centers had been lost, turning some of the immigration practitioners very concerned as no one knew who would suffer if the information was true.>>>
<====>

Now, the problem with the PERM system understandably turns some people into a state of paranoia with a question as to what would happen if some of the data and information are lost in so-called "maintenance" work. Today was indeed a dark black-hole day in the labor certification system.


Source: www.immigration-law.com

How can one believe that they will clear the backlogs in 18 months from now? There is an unconfirmed report that BECs lost some files. I am sure by loosing few big files from states like NJ, NY etc, they definitely can achieve their target of clearing the backlogs in 18 months.

 

[samarthk]

Folks,

Another milestone completed in the Labor Saga. I complete 4 years since the day the application was filed with the Department of Labor.

Details:

PA - RIR - EB3
Cleared SWA(July 2003)
45 Day Letter - December 30, 2004
Replied - December 30, 2004
Since then - ????

 

[StressTestInUSA]

DOL says that they will clear 360,000 applications in 18 months. It is 1000 applications per day.

Are we dreaming or too much over estimating PBEC ???

they dint want to post things like 24 months+ on the website...lest they may get in trouble with congressmen/senators etc....

they just took a rounabout figure of 1.5yrs.....they will extend that as time moves on...

if there r only 15-20 CO's to decide our cases and the rest r biting nails..we will never ever reach out this shit....retrogression may pass out too...!!

Serioulsly... anyone who knows how many CO's r there in each center...?? as the years pass by, funding also will go down as it is a waste expense....

I seriously suggest all here how about paying some fees on each case for certification...like the way USCIS operates....whom can we approach a step like this....??

 

[jsquare]

Queries

Friends,

I have couple of questions...

My employer has filed my Labor from Georgia state...

So in which bec my case should exists??

What is 45-days letter as I have read so many times in this forum??

My cas received date Oct 10 2004, is this Priority date??

How can I get my case number from bec

I would appriciate proper answers

Thanks
Jsquare

 

[ariesny1]

About time...

Hi Guys,

Finally the day has come after 4 yrs... got a mail on Saturday from PBEC that by labor has been approved.. didnt hear from my company or lawyer yet.

Case Details:

PD: Nov 15, 2001
State: NY
RIR/ EB 3
Never made to Regional
45 days letter: Rec and replied in March'05
Approved: Feb 14 2006
Case #: P-05032-47xxx

Thank you for all the information and support I got from this forum.

 

[vahopeful]

Congratulations ariesny1! Good luck with the rest of the green card process.

Hi Guys,

Finally the day has come after 4 yrs... got a mail on Saturday from PBEC that by labor has been approved.. didnt hear from my company or lawyer yet.

Case Details:

PD: Nov 15, 2001
State: NY
RIR/ EB 3
Never made to Regional
45 days letter: Rec and replied in March'05
Approved: Feb 14 2006
Case #: P-05032-47xxx

Thank you for all the information and support I got from this forum.