Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
The NOF I answered
Since some people asked about the NOF I received, I am giving the details of the same.
First let me thank Saknia and Rollingstone and BerkeleyBee from IV for the timely and earnest inputs they gave when I asked for help.
My labor is applied for Computer Programmer position (030.162-010) requiring BS/BE plus 5 years of experience.
DOL's contention is that the "combined educational and work experience requirements exceeds the prescribed SVP for the position". For DOL, "according to DOT, the SVP for computer programmer is of 7 or over 2 years up to an including 4 years of combine experience, education and training." (Can you believe this? 2 to 4 years of edu + exp + training!! There's only one guy who could do with 2-4 years of edu+exp, and now he also demands highly educated and experienced people to work for him)
To rebut,
DOL asked us to prove "that the requirement arises from a business necessity by demonstrating that the job bears a reasonable relationship to the occupation in the context of employer's business and is essential to perform the job duties in a reasonable manner ( and prove that the position can not be performed by an individual who possesses the qualifications normally required for proficiency)
AND
prove that the job as currently described existed before the alian was hired and was previously filled with the same duties and requirements before the alian was hired."
(Bear with me for long message as most of this is verbatim from the notice)
The DOL gave an option, in lieu of rebuttal, "of reducing the requirements to DOT standard by amending the application. It said if further recruitment is required, DOL will advise us". It asked not to do re-advertisement on our own.
To rebutt the notice, I submitted reference letters from my managers and directors at my clients (past and present) giving details of the requirements (edu + exp + skills) and duties I performed for them and the reasons of why they need a candidate having minimum 5 years of experience and that I performed my duties to their satisfaction. All 3 of my clients are Fortune 500 companies and the projects I worked/working on are mission critical projects.
My company also submitted the resumes and H1 petition details of someone who worked in similar position as mine before I joined the company. Also mentioned is that the skills required are of specialized and advanced level and can not be learned on job or trained in reasonable amout of time.
Now, I am awaiting the decision from PBEC.
Everything bad that can happen to LC has happened to my case:
1)My company applied LC as non-RIR.
2)It went to PBEC.
3)Case was closed even though 45 DL was replied in time.
4)Got NOF for business necessity.
I only hope the the final decision is good and in my favour.
The dumb lawyer, while preparing LC app, asked about my edu, years of experience and skills. I gave her as I would give in any resume. She just copy pasted it on the LC app. Took the money from company but added no legal value to the application and now I am facing problems. My company has fired her now, but we still have to fight the mess she created.
Gurus here, can you please tell me your gut feel about my case. Does it hold water?
My 7 yr extension depends on this LC.
Let me know.
Since some people asked about the NOF I received, I am giving the details of the same.
First let me thank Saknia and Rollingstone and BerkeleyBee from IV for the timely and earnest inputs they gave when I asked for help.
My labor is applied for Computer Programmer position (030.162-010) requiring BS/BE plus 5 years of experience.
DOL's contention is that the "combined educational and work experience requirements exceeds the prescribed SVP for the position". For DOL, "according to DOT, the SVP for computer programmer is of 7 or over 2 years up to an including 4 years of combine experience, education and training." (Can you believe this? 2 to 4 years of edu + exp + training!! There's only one guy who could do with 2-4 years of edu+exp, and now he also demands highly educated and experienced people to work for him)
To rebut,
DOL asked us to prove "that the requirement arises from a business necessity by demonstrating that the job bears a reasonable relationship to the occupation in the context of employer's business and is essential to perform the job duties in a reasonable manner ( and prove that the position can not be performed by an individual who possesses the qualifications normally required for proficiency)
AND
prove that the job as currently described existed before the alian was hired and was previously filled with the same duties and requirements before the alian was hired."
(Bear with me for long message as most of this is verbatim from the notice)
The DOL gave an option, in lieu of rebuttal, "of reducing the requirements to DOT standard by amending the application. It said if further recruitment is required, DOL will advise us". It asked not to do re-advertisement on our own.
To rebutt the notice, I submitted reference letters from my managers and directors at my clients (past and present) giving details of the requirements (edu + exp + skills) and duties I performed for them and the reasons of why they need a candidate having minimum 5 years of experience and that I performed my duties to their satisfaction. All 3 of my clients are Fortune 500 companies and the projects I worked/working on are mission critical projects.
My company also submitted the resumes and H1 petition details of someone who worked in similar position as mine before I joined the company. Also mentioned is that the skills required are of specialized and advanced level and can not be learned on job or trained in reasonable amout of time.
Now, I am awaiting the decision from PBEC.
Everything bad that can happen to LC has happened to my case:
1)My company applied LC as non-RIR.
2)It went to PBEC.
3)Case was closed even though 45 DL was replied in time.
4)Got NOF for business necessity.
I only hope the the final decision is good and in my favour.
The dumb lawyer, while preparing LC app, asked about my edu, years of experience and skills. I gave her as I would give in any resume. She just copy pasted it on the LC app. Took the money from company but added no legal value to the application and now I am facing problems. My company has fired her now, but we still have to fight the mess she created.
Gurus here, can you please tell me your gut feel about my case. Does it hold water?
My 7 yr extension depends on this LC.
Let me know.
nviren,
Someone I know had a similar situation, at the SWA (state) level. Bascally, SWA said as per SVP it should have x years, but the lawyer said that as per O*Net the job falls in a different (higher) category and therefore requires y years experience, and that when these two conflict O*net prevails.
SWA accepted this and moved on to the next stage. I hope this helps.
Someone I know had a similar situation, at the SWA (state) level. Bascally, SWA said as per SVP it should have x years, but the lawyer said that as per O*Net the job falls in a different (higher) category and therefore requires y years experience, and that when these two conflict O*net prevails.
SWA accepted this and moved on to the next stage. I hope this helps.
nviren said:
Dilbert_Cal
Registered Users (C)
Nviren,
I have faced the same situation. I had two RFEs at the state level and one of them was exactly the same as you got. My lawyer replied similar to what has been written below and it was accepted.
I'm sure you would get through this as well - you will be surprised by how nicely lawyers can write up technical requirements
I have faced the same situation. I had two RFEs at the state level and one of them was exactly the same as you got. My lawyer replied similar to what has been written below and it was accepted.
I'm sure you would get through this as well - you will be surprised by how nicely lawyers can write up technical requirements
GotGC?? said:
KGC05 said:
Are you supposed to inform about address change to PBEC for LC also? My lawyer never suggested it. Also, in case my LC was originally filed in VA and now I am working at say MA. In that case would it make sense? Pls advise ASAP accordingly I will talk to my lawyer.
WAIT_N_4GC
Registered Users (C)
LC Approved
Hi all,
Today I received copy of LC approval letter from Philly BEC at Home address and original copy was sent to My Company.
State: CA
PD : 25 Nov, 2002
Many thanks to all of you for great info in this thread and also thanks to Mr. Rajiv Khanna for providing space and support for this forum .
Wish you guys good luck and get yr LC soon.
Hi all,
Today I received copy of LC approval letter from Philly BEC at Home address and original copy was sent to My Company.
State: CA
PD : 25 Nov, 2002
Many thanks to all of you for great info in this thread and also thanks to Mr. Rajiv Khanna for providing space and support for this forum .
Wish you guys good luck and get yr LC soon.
Great and congrats to all those who are recieving their labor approvals. My PD is 12/5/2002. Based on recent approvals from Nov 2002 is it safe to raise my hopes of getting the approval any time. I am in process of let my lawyer know to file for 8th year extension of H1B and H4. That means spending more money. Assuming labor is approved I will still be needing to file for 8th year. What I am trying is to avoid spend money for another H1B/H4 renewal. Any comments....vykuntam said:
Thanks
aamchimumbai
Registered Users (C)
No offense. Where did u get this info from....about employer/lawyer should not accept money to file H1/H4. I paid for my own H1 - lawyer fees, but the filing fees were picked up by the company (as per the law).
Correct me if am wrong.
Correct me if am wrong.
csrini1 said:
Article on Bloomberg - Backlog
Legal Immigrants `Stuck' as U.S. Agencies Struggle With Backlog
http://quote.bloomberg.com/apps/news?pid=10000087&sid=aJxl3j_vmv7Y&refer=home
An article with an interesting focus on Labor applications.
" At the Labor Department, all 235,000 of the backed-up applications date from before the department began an electronic processing system in March 2005. The backlog is scheduled to be cleared by September 2007, the Department said.
Crystal Williams, deputy director for programs at the American Immigration Lawyers Association, a Washington-based group of about 10,000 immigration attorneys, said her members believe that while Immigration Services may eliminate its application backlog this year, they're more concerned about progress at the Labor Department. "
Legal Immigrants `Stuck' as U.S. Agencies Struggle With Backlog
http://quote.bloomberg.com/apps/news?pid=10000087&sid=aJxl3j_vmv7Y&refer=home
An article with an interesting focus on Labor applications.
" At the Labor Department, all 235,000 of the backed-up applications date from before the department began an electronic processing system in March 2005. The backlog is scheduled to be cleared by September 2007, the Department said.
Crystal Williams, deputy director for programs at the American Immigration Lawyers Association, a Washington-based group of about 10,000 immigration attorneys, said her members believe that while Immigration Services may eliminate its application backlog this year, they're more concerned about progress at the Labor Department. "
gc_ny_victim
Registered Users (C)
NY RIR labor certified (PD: Feb 2002)
2 weeks after my 45 day letter reply, I was surprised to get a letter from PBLC to my home address indicating that my labor was certified on May 30th. Looks like PBLC is looking at early 2002 now.
Good Luck to All.
See you guys in 140 forums.
2 weeks after my 45 day letter reply, I was surprised to get a letter from PBLC to my home address indicating that my labor was certified on May 30th. Looks like PBLC is looking at early 2002 now.
Good Luck to All.
See you guys in 140 forums.
Address Change with PBEC
If you keep PBEC updated with your current residence addredd it will help you to get your approval copy when they send one to your home address. However they will also send a copy to your lawyer. Please check with your lawyer on this.
gchelpme said:
If you keep PBEC updated with your current residence addredd it will help you to get your approval copy when they send one to your home address. However they will also send a copy to your lawyer. Please check with your lawyer on this.
va_aug_2002
Registered Users (C)
Aug03,Aug03 said:
I had done some research for exploring retaining PD with change in employer. Please check the Forum below where it says you need to have First I140 approved but also that its better not to have that revoked.
http://www.immigrationportal.com/showthread.php?t=205698
There is also mention of an article from murthy.com which says
" It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. "
http://murthy.com/news/n_nscins.html.
Let me know what you think.
Gurus,
Any idea if we need to have first I140 approved and also not revoked to retain the original PD during change of employer?
Thanks.
StressTestInUSA
Registered Users (C)
dbr said:
Congrats buddy...!!
how can you just write 1 bland line of a labor approval after waiting for 4 years...
I am 6 more months away from your PD...
Congrats
Congratulations! Its good to see earlier dates getting approved.
I found the following further details about this case.
Received 45 day letter on 5/9/06.
NJ-RIR-EB-3,June 2002.
Case Details: P-05237-XXXX
Its interesting that he did not even receive 45 day letter a month ago the same time and they approved it very fast after the response.
Congratulations! Its good to see earlier dates getting approved.
I found the following further details about this case.
Received 45 day letter on 5/9/06.
NJ-RIR-EB-3,June 2002.
Case Details: P-05237-XXXX
Its interesting that he did not even receive 45 day letter a month ago the same time and they approved it very fast after the response.
dbr said: