Philadelphia Backlog Elimination Center Tracking

is it worth filing PERM???

I have PD 10/02 RIR CA EB3 and I am from the "rest of the world". My company is big one on 500 Fortune list.
Now question: is it worth filing PERM for EB2 ( I had all qulification when my original application was filled but then i didn't know the difference between EB2 and EB3 and at that time point it was the same thing) :eek:
I heard that PERM can be approved in few days if you are lucky or it can take over a year. By my personal experience I am not lucky ( because my file went to Philadelphia instead of dallas, it was filed as EB3 when it could be filled as EB2,now they are approving 02/03 and I am 10/02etc, etc...)
so the question is to file or not to file PERM EB2 :eek:
 
noluck2005 said:
I have PD 10/02 RIR CA EB3 and I am from the "rest of the world". My company is big one on 500 Fortune list.
Now question: is it worth filing PERM for EB2 ( I had all qulification when my original application was filled but then i didn't know the difference between EB2 and EB3 and at that time point it was the same thing) :eek:
I heard that PERM can be approved in few days if you are lucky or it can take over a year. By my personal experience I am not lucky ( because my file went to Philadelphia instead of dallas, it was filed as EB3 when it could be filled as EB2,now they are approving 02/03 and I am 10/02etc, etc...)
so the question is to file or not to file PERM EB2 :eek:
Click to expand...
----------
my suggestion is go for it. File a PERM Eb2 and get out of this mess.
You can't trust BECs, they are only "aiming" to complete the backlogs by Sep 07, so you never know.
With a PERM Eb2 and rest of the world, you would have a GC within a year.
 
another_fella said:
Rohila,

Based on what I read around here and some other discussion boards, here is my take:

- You will be filing for the transfer of H1 to Comp B, which is already approved and valid till Oct 2007 for Comp A. Transfer of this nature is allowed and I had come across folks who did this.

- It is my understanding that a pending application is withdrawn, and only an approved labor can be cancelled. Irrespective of whether your labor application through Comp A is pending or withdrawn, your already approved H1 is valid upto the date for which it has been approved for, in your case it is valid upto Oct 2007.

- H1 Extension beyond Oct 2007 can be done using either of the below options:
(a). Using Comp B's labor application: You mentioned Comp B filed PERM labor for you already, which means by Oct 2007 you would have already crossed the 365 days requirement for pending labor application, which qualifies you for the yearly H1 extension. If Comp B's labor gets approved, and your I-140 is pending around Oct 2007, you would still get 1 year H1 extensions based on Comp B's labor application. On the other hand if your I-140 gets approved before Oct 2007, you would be eligible for 3 year H1 extension.

(b). Using Comp A's labor application: Around Oct 2007, if Comp A has not withdrawn/cancelled/substituted the labor, then you can use this for another 1 year extension for the H1 which is associated with Comp B.

If I were you, I would go with option (a) as primary plan for future H1 extension beyond Oct 2007, and keep option (b) as back-up plan.

Since Comp B already filed PERM, see whether you can join them after the approval of PERM labor application, which should not take long. This way you have eliminated one BIG variable in the process, and just need to focus on rest of the process.

About filing 140, 485, AP, and EAD; if it is current for your country, you should be able to do so once your PERM labor is approved.

Given the importance of the situtation, it is worth talking to a qualified good attroney and get his/her opinion on this.

Goodluck!

Disclaimer: I am not an attorney, hence use this information at your own discretion.
Click to expand...


Thanks a lot.
Your generous detailed response is really appreciated.
 
labour approved

waitinglist2003 said:
hi folks,
Today I opened my mailbox and found a letter from PBEC stating that My labour has been approved . finally sigh of relief, Thank you to all of you guys for helping me whenever I needed.

Certifying officer is Barbara Shelly.

Certication date is 27 Jul 2006.
Click to expand...
I got a same approval letter from same certifying officer - Barbara Shelly. However ETA 750A and 750B are not enclosed in the letter even the letter says they are enclosed. Do you have 750A abd 750B in your letter?

Thanks!
 
More amused

StressTestInUSA said:
nothing to be amused..

it can still be a second and third opinion..most of us have greyed our hair with these situations,unless you have had a rosy job..and no complications. Even the biggest of the lawyers can screw us big time,paralegals are mostly citizens/greencards and are halfbaked not knowing our misery..utlimately it will be no one but 'us' as the losers and cornered from all directions..we are gambling with our years of life together..
Click to expand...

That is a good point - I agree. Forums can be a great place to get 2nd or 3rd opinions and sharing info with people in similar situations. So I apologize for overlooking that fact.
But, " have mailed it many times, it's urgent for me. Please someone answer this", didn't sound like that to me. Someone in that despair should seek paid legal counseling.
Either way, each unto his own. A lots of things could go wrong in complicated things like his and only a qualified immigration lawyer can guide him through this. Have planes crased due to pilot errors? They sure have. Does that mean, I should trust the flight attendants to fly the plane than pilots? Hell No!!!! In the end, its still the pilots who get you safe 99.99% of times.
Do I have a rosy job? - Yes
Are there complications - Some
BUT, am I stressed out and grey haired - NO! Life is too short for that.
Have fun while you can.
Just thought that the guy may not know that he can buy like an hour of consulation from and attorney and didn't want to see him go through this with bad advise. So my intentions were only good.
Peace brother.
 
I think best option in this situation is to maintain good relations wiht the old employer. There is no reason he will cancel ur labor bcos this is not going to cost him anything.... one must try not to burn the bridges. Meanwhile if your new perm comes through and 140 approves (premium process) you will eligible for a 3 yr extn....

Also check out - if you have stayed for 180 days with the sam employer and then switch in that case you are eligible to stay for next 180 days with the new employer even if old labor drops out... but must check with attorney. I am not an attorney.


Rohila said:
URGENT - Pending LC with Company A & new H-1 with Company B issue

Hello Sakina, Senior Members, GURU's and all Readers,

I have mailed it many times, it's urgent for me. Please someone answer this.
I have few questions.

I am currently working on 8th year of H-1(b) for Employer A based on pending labor.
Type: RIR
State: CT
PD: July 2003

Extend my H-1(b) every single year from last 3 years. I have been already approved for 9th year extension starting from Oct 2006 - Oct 2007.

I just need to know, what are my options to switch from company A to Company B.

1)If i will file H-1(b) for Company B now, do you think I will get an approval for the same period from Oct 2006 - Oct 2007 based on my pending labor.

2)Can I switch my job and work for compnay B without a fear of losing my H-1 status, if Company A cancels my labor immediately once i quit.

3) What happened If company A will cancel my pending LC immediately, then my H-1 with compnay B would be valid for whole year or not?

4)If yes, it means cancel labor with company A has nothing to do with another H-1 with company B, even company B's H-1 was approved on the basis of compnay A pending labor.

4) How long can I work for company B? Can I work for compnay B till Oct 2007 (assuming my H-1 for company B will also approve for 1 more year). Can I entend my H-1 with company be after 1 year like I am doing with company A.

5) My PERM LC with company B has already been filed. (on EB2, current for my country) and if will get approve:
(a) Can I file for I-140, EAD and AP immediately or not?
(b) If my I-140 will approve before Oct 2007, would i get an extension for three years for company B or not?


BUT Again
My main concern is if I switch on H-1 to company B right now and compnay A will cancel my labor then where I would be standing? I have already 8th years on H-1, I don't want to lose it, only because of new job. Atleast my current job is paying me enough to cover my family's living expanses.

Please help.

Thanks in advance
Click to expand...
 
same here, my certifying officer is Barbara Shelly, and i don't receive any letter. My lawyer just send me the copy of approval notice of my LC.

Thanks.

helpjune4 said:
I got a same approval letter from same certifying officer - Barbara Shelly. However ETA 750A and 750B are not enclosed in the letter even the letter says they are enclosed. Do you have 750A abd 750B in your letter?

Thanks!
Click to expand...
 
helpjune4 said:
I got a same approval letter from same certifying officer - Barbara Shelly. However ETA 750A and 750B are not enclosed in the letter even the letter says they are enclosed. Do you have 750A abd 750B in your letter?

Thanks!
Click to expand...
Same here letter says enclosed .but there was not any elcosure. may be lawyer get those enclosed 750 a and 750B.
 
another_fella, Sakina, other Members, Readers. PLEASE HELP!

Dear Members,

Thank you so much for responding to my earlier query. I have one last question. I will appreciate if you can provide your recommendation on what direction I should be taking.

Company A filed my LC (RIR, EB3 , June 2002). This got approved July 27th, 2006 after an earlier RFE ( about proving my experience and company necessity)
Earlier, I have left Company A on July 10th (2 weeks proior to getting Labor approved) and have joined company B in good terms.

Company B, filed my LC, now in EB2 category, on July 1st. I am waiting for the decision PERM application decision.

I want to know if it is recommended to go back to company A since I now have the LC approved eventough:

1) Company A had EB3 Approved from 2002, but Company B applied for EB 3 PERM. I am from India, does the date really matter if I take up company B.
2) I had got an RFE earlier for Company A on LC about proving my experience related to Job and company necessasity to get a position. Company A has only 16 employees in the company. Is this a RED sign for I-140 and 485 stage?
3) My H1B 6th Year will expire in Dec 2007, so I want to make sure I take the right decision.
4) Company B has about 75 employees and I am a little confident with them. However, with company A, like I said there are only 16 employees. They are not progressing along that well when compared to company B

I will appreciate if any recommendations are provided. I understand, I may need to consult with an attorney but still for my personal confidence, I will appreciate if you guys can provide your feedback.

Raj
 
NoSweat said:
That is a good point - I agree. Forums can be a great place to get 2nd or 3rd opinions and sharing info with people in similar situations. So I apologize for overlooking that fact.
But, " have mailed it many times, it's urgent for me. Please someone answer this", didn't sound like that to me. Someone in that despair should seek paid legal counseling.
Either way, each unto his own. A lots of things could go wrong in complicated things like his and only a qualified immigration lawyer can guide him through this. Have planes crased due to pilot errors? They sure have. Does that mean, I should trust the flight attendants to fly the plane than pilots? Hell No!!!! In the end, its still the pilots who get you safe 99.99% of times.
Do I have a rosy job? - Yes
Are there complications - Some
BUT, am I stressed out and grey haired - NO! Life is too short for that.
Have fun while you can.
Just thought that the guy may not know that he can buy like an hour of consulation from and attorney and didn't want to see him go through this with bad advise. So my intentions were only good.
Peace brother.
Click to expand...

If you think attorneys are the best options to save our boats from sinking, it's an illusion. Not 100% attorneys will help you as a savior.
I stuck in this mess because of an attorney. I shouldn't be on 9th year of H-1, if my first LC had been filed by an attorney in 1998. Rather than filing, he chew my money and gave me false impression that my LC is pending for two years in a row and there was no way to verify it. I didn't have enough knowledge of whole LC process to ask him about sending receipt or something.
Only because of these two forums (also Murthy), I considered myself in a position to continue my journey in U.S.A on H-1 visa after six years of expiration. These experienced fellows adviced me to recapture absent time from USA, in order to extend my H-1 for seven year based on 365 days policy for pending LC. There were other issues too and everytime these kind fellows advised appropriately on timely manner as a rescuer.

Anyway, It's your opinion brother, everyone is entitled to express their thoughts & feelings freely in these forums but
MY understanding is without knowing the full facts and figures in a certain situation, one shouldn't have to proceed with their own opinion related to that specific matter.

Take care.
 
waitinglist2003 said:
Same here letter says enclosed .but there was not any elcosure. may be lawyer get those enclosed 750 a and 750B.
Click to expand...

Congrats to you guys who got approvals.

I didn't know that employees also get letter from DOL in addition to the lawyer and employer. Does that mean we have to keep our address up to date with DOL? It's been ages since they filed my LC and I changed several addresses. What's the procedure to update it?
 
noluck2005 said:
I have PD 10/02 RIR CA EB3 and I am from the "rest of the world". My company is big one on 500 Fortune list.
Now question: is it worth filing PERM for EB2 ( I had all qulification when my original application was filled but then i didn't know the difference between EB2 and EB3 and at that time point it was the same thing) :eek:
I heard that PERM can be approved in few days if you are lucky or it can take over a year. By my personal experience I am not lucky ( because my file went to Philadelphia instead of dallas, it was filed as EB3 when it could be filled as EB2,now they are approving 02/03 and I am 10/02etc, etc...)
so the question is to file or not to file PERM EB2 :eek:
Click to expand...

Your current EB3 is backlogged even if your labor gets cleared. File PERM/EB2 and file tomorrow!!
 
Hi All

I have just heard from attorney that I got NOF on my case (Attorney heard from DOL when she checked the status). But the problem is neither employer nor attorney received the NOF. Also they have generated NOF during May 2006.

Attorney also checked with DOL last week and they have stated that my case is in final review. The information provided is inconsistent between last week and this week. I am Not sure whom I can believe and How do resolve this issue.

Please guide me on this.
 
address change

fastergcwanted said:
Congrats to you guys who got approvals.

I didn't know that employees also get letter from DOL in addition to the lawyer and employer. Does that mean we have to keep our address up to date with DOL? It's been ages since they filed my LC and I changed several addresses. What's the procedure to update it?
Click to expand...



I also have a different address now, my lawyer keeps saying it's fine and that there is no way to update it. Is it true?
 
Please help readers!! I have to make a decision soon.

I will appreciate if you can provide your recommendation on what direction I should be taking. Thank you so much for reading.

Company A filed my LC (RIR, EB3 , June 2002). This got approved July 27th, 2006 after an earlier RFE ( about proving my experience and company necessity)
Earlier, I have left Company A on July 10th (2 weeks proior to getting Labor approved) and have joined company B in good terms.

Company B, filed my LC, now in EB2 category, on July 1st. I am waiting for the decision PERM application decision.

I want to know if it is recommended to go back to company A since I now have the LC approved eventough:

1) Company A had EB3 Approved from 2002, but Company B applied for EB2 PERM. I am from India, does the date really matter if I take up company B.
2) I had got an RFE earlier for Company A on LC about proving my experience related to Job and company necessasity to get a position. Company A has only 16 employees in the company. Is this a RED sign for I-140 and 485 stage?
3) My H1B 6th Year will expire in Dec 2007, so I want to make sure I take the right decision.
4) Company B has about 75 employees and I am a little confident with them. However, with company A, like I said there are only 16 employees. They are not progressing along that well when compared to company B

I will appreciate if any recommendations are provided. I understand, I may need to consult with an attorney but still for my personal confidence, I will appreciate if you guys can provide your feedback.

Raj
 
You must log in or register to reply here.
Top