Philadelphia Backlog Elimination Center Tracking

MD Aug 2001 RIR EB2 approval

5th June 2006, 11:03 PM
NAYAK
Registered User Join Date: May 2002
Posts: 73

Approval 2001 MD

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Looks like patience paid off...after almost 5 years, my case is certified. I am not sure this helped but I did write to senator in may first week, they in turn sent a letter to dept of labor which was cc'ed to me. Also called pbec directly and somebody on the phone asked me to fax the case details...I did it with a cover letter myself as my lawyer and employer refused to do so...

Good luck to all of you and hope everything will go smooth atleast here after !!

PD : Aug 2001 MD/RIR/EB2
RD : Dec 2003
45D letter replied :Feb2005
 
Looks like a call to the senator probably pushed Nayak's case towards approval. This is the apathy of PBEC that they seem to take ages to approve 2001 cases.

saknia said:
5th June 2006, 11:03 PM
NAYAK
Registered User Join Date: May 2002
Posts: 73

Approval 2001 MD

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


Looks like patience paid off...after almost 5 years, my case is certified. I am not sure this helped but I did write to senator in may first week, they in turn sent a letter to dept of labor which was cc'ed to me. Also called pbec directly and somebody on the phone asked me to fax the case details...I did it with a cover letter myself as my lawyer and employer refused to do so...

Good luck to all of you and hope everything will go smooth atleast here after !!

PD : Aug 2001 MD/RIR/EB2
RD : Dec 2003
45D letter replied :Feb2005
Click to expand...
 
i fear in 2007 or end of 2006 we will have the same thing to say about
left over of 2002 and 2003 cases....

its a mystery how they skip some cases and approve some of same PD

GC_from_NJ said:
Looks like a call to the senator probably pushed Nayak's case towards approval. This is the apathy of PBEC that they seem to take ages to approve 2001 cases.
Click to expand...
 
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FYI: Received 45 day letter

Received 45 day letter dated 31st May, 2006 and replied to the letter on 6th June, 2006.

Details in signature below.
 
Do we have to do the same thing like Nayak or just wait?

saknia said:
5th June 2006, 11:03 PM
NAYAK
Registered User Join Date: May 2002
Posts: 73

Approval 2001 MD

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


Looks like patience paid off...after almost 5 years, my case is certified. I am not sure this helped but I did write to senator in may first week, they in turn sent a letter to dept of labor which was cc'ed to me. Also called pbec directly and somebody on the phone asked me to fax the case details...I did it with a cover letter myself as my lawyer and employer refused to do so...

Good luck to all of you and hope everything will go smooth atleast here after !!

PD : Aug 2001 MD/RIR/EB2
RD : Dec 2003
45D letter replied :Feb2005
Click to expand...

Ca, July 2002 RIR eb2
 
LC - 6th year question

Hi all!
I am currently nearing the end of my 6th year visa. I am obvioulsy happily waiting for our dear friends @ PBEC like most of us...

I want to move to a job in a different company for which the job description has nothing to do with my current pending LC and visa. What options do I have to achieve this, if at all possible?

I am thinking of either:
1) go ahead. new company will apply for new H1 visa(?) and PERM and this should _hopefully_ be quick. Is this possible given 6th year status?
2) stick to current company and application. if I file I140/485 concurrently, how long does it take before I can switch job completely? I am on EB-2 from non-backlogged country.


Thanks and good luck to all!
 
Pd?

What is your PD?
In my opinion it all depends on this. Because, if your PD is closer to Dec 2002,
then (I feel) it is worth waiting.

You said you are from a non-backlogged country, Is it CURRENT to file I-140 and I-485 for you? If yes, then I would suggest to go with PERM.

These are just my thoughts/suggestions, if they don't make sense, please ignore.

green_cookie said:
...
2) stick to current company and application. if I file I140/485 concurrently, how long does it take before I can switch job completely? I am on EB-2 from non-backlogged country.
Click to expand...
 
StressTestInUSA said:
I'll jump with joy into the clouds if it is in a month...!!

I am all mentally set up my mind for end of year to avoid any disappointments ....my poor mind is wearing out with this shit...!!
Click to expand...

Looks like our case is quite similar. I received 45 day in Dec'05. Now waiting almost after 6 months. I saw very few NJ approvals. That is the worrying part...what the hell is going on.
 
DOCSIS said:
What is your PD?
In my opinion it all depends on this. Because, if your PD is closer to Dec 2002,
then (I feel) it is worth waiting.

You said you are from a non-backlogged country, Is it CURRENT to file I-140 and I-485 for you? If yes, then I would suggest to go with PERM.

These are just my thoughts/suggestions, if they don't make sense, please ignore.
Click to expand...

PD is dec 2003 (just fixed signature - sorry)
Country is current to file next steps for EB-2
do you see any issues with H1 acquisition/transfer, H1 7th year extension etc? is it possible to ask company to join only after a PERM application they submitted is approved?

If I am going with option to wait for LC, when can I switch to other job? would you know the constraints? I read about some 6 months constraints somewhere but wasn't sure to which step it was related.

Thanks,
 
va_aug_2002 said:
Aug03,

Thank you very much for the link. Its very helpful.

It only says about multiple applications for same employer, job opportunity, and alien. Is it possible to apply new PERM (before the approval of first 140 approval) through new employer? Or if there is change of employer and we want to retain the priority date, we have to wait for first I140 approval?

Thanks.
Click to expand...

Here's how I would put it:

1. We do need to wait for approval of I-140 filed based on the first LC in order to be able to use its PD when filing I-485.
2. I did not find any article that mentioned requirement of waiting for first LC's I-140 to be approved before filing a new PERM in order to retain old PD.

So, if your lawyer is telling you that you cannot file a new PERM before I-140 of original LC is approved in order to retain old PD, then she/he is the best person to point you to the law with such a requirement. Please ask your lawyer about the definite law/article/memo etc that mentions such a requirement and share it with the forum. As I am thinking of pursuing this option, I'll do more research and consult my lawyer in this regard. If I find any new / useful information, I'll share it here.

Gurus:

Does anyone else have any further information of requirements of retaining old PDs? Please share.
 
140 premium processing

Has this been approved? If not then my feeling is labors will come thru ONLY after this is passed for simple reason - Longer the wait, more will be the rush for 140 and better revenue... I know all this sound wiered but think how much revenue it will generate.

Ask Rajiv, any thoughts?
 
Hi GCHelpme/StressTest

I can understand your feelings. It looks like you guys are at zero tolerance. Since this process is taking too long, we are thinking in all damn possible ways(Good and Bad). I don't balme you. Based on the earlier approvals, I have a strong feeling that PBEC would clear with in 2-3 months with PD's older than 2002. We are getting there!!!!!!!!!!! :)
 
I recevied a second NOF. pls help!

I received a NOF letter from backlog center saying that the salary on my ETA750 form does not match the salary offered in the newspaper ad.

Here is my case:

I submitted LC applications to EDD in June 2003(RIR) and received a NOF letter from EDD a year later indicating that the offered salary is too low. The
company increased the salary and did an internel posting by following the instructions in the EDD letter. One month later after we re-submitted ETA form with all the evidences, we received a letter saying my case has been transferred to the regional office. We received 45-day letter in Feb 2005 from Backlog center and replied right away. I didn't receive anything from Backlog center until today. In this NOF letter, it says that the rebuttal must include original documentation such as tearsheets or an affidavit from the Newspaper indicating the salary on the current ETA form ( which we don't have) or we can indicate we are willing to follow their instructions to run the ad again by the traditional way(non-RIR) in accordance with Section 656.21(g)(1-9). Did anybody have similar experience?

Please advise me what I need to do.

I am thinking about doing PERM. But I have a few questions on the wording of my job ad. Last time, I used MS plus one year experience in some specialized area or BS plus three-year experience in that specialized area. I do have two years experince in that specilaized area after I got my MS degree. This time, we just want to use MS plus one year experience in that area. We don't want to add BS plus 5 years experince in that area since I don't have five years experience in that area myself. Is it OK to do so?

Thanks so much for your help!
 
Reply of 45 day Letter sent after 45 days

My Freaking company replied the 45 day letter on the 46th day..I came to know just now..Loosing patience...Can anybody provide any information about implications and result of it.
 
Last edited by a moderator:
RIR

I have sent you a PM. Could you please take a look?

thanks

RIR_CA_1001 said:
I received a NOF letter from backlog center saying that the salary on my ETA750 form does not match the salary offered in the newspaper ad.

Here is my case:

I submitted LC applications to EDD in June 2003(RIR) and received a NOF letter from EDD a year later indicating that the offered salary is too low. The
company increased the salary and did an internel posting by following the instructions in the EDD letter. One month later after we re-submitted ETA form with all the evidences, we received a letter saying my case has been transferred to the regional office. We received 45-day letter in Feb 2005 from Backlog center and replied right away. I didn't receive anything from Backlog center until today. In this NOF letter, it says that the rebuttal must include original documentation such as tearsheets or an affidavit from the Newspaper indicating the salary on the current ETA form ( which we don't have) or we can indicate we are willing to follow their instructions to run the ad again by the traditional way(non-RIR) in accordance with Section 656.21(g)(1-9). Did anybody have similar experience?

Please advise me what I need to do.

I am thinking about doing PERM. But I have a few questions on the wording of my job ad. Last time, I used MS plus one year experience in some specialized area or BS plus three-year experience in that specialized area. I do have two years experince in that specilaized area after I got my MS degree. This time, we just want to use MS plus one year experience in that area. We don't want to add BS plus 5 years experince in that area since I don't have five years experience in that area myself. Is it OK to do so?

Thanks so much for your help!
Click to expand...
 
My Labor got cerified

I am happy to inform you that my labor was certified and received in mail today.

I am very happy, though it was a long wait of 3 and half years and hope all 2001 and 2002s would get certifications at the earliest.

Thanks for every one in this forum to share their knowledge, concerns and happy momnts. It might take little time to leave this forum, atleast a month.

My details:
BE +7 years experience
Computer Engr S/W applications
occupation code: 030.062-010
CA/RIR/EB2
ETA No: P05160-59xxx
PD: 12 Nov, 2002
RD: 24 Sep, 2003
45 day letter: 4 Nov, 2005
Certified dated 18 May, 2006
 
45 day letter

45 day letter Recd......

My case Details:

ETA Case Number: T-05202-XXXXX
Priority date: 21st march 2005
Case Type: EB-2 RIR
State: NJ
45 Days Letter: June 01, 2006
 
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