Philadelphia Backlog Elimination Center Tracking

Update on TR / RIR conversion

from immigration law website:

12/07/2006: OFLC Intends to Open Safety Window for Conversion of TR to RIR

  • AILA has announced that the OFLC is expected to announce an important policy next week to hold issuing a Job Order and Recruitment Instructions for the TR applicant upon receiving a notice that the applicant intends to go for the RIR conversion. Under the current conversion rule, the employer is disqualified for the conversion upon receiving the recruitment instructions for the TR cases and unless the employers take a big risk of spending tons of cost for recruitment and facing disqualification because of the receipt of recuritment instructions from the BECs druing the voluntary recruitment process, the employers have been hesitant to initiate the RIR conversion attempts. Obviously this slapped the face of the OFLC's recent policy change to encourage RIR conversion and thereby to achieve backlog recductionh within a short time. The OFLC is currently under a tremendous pressure from its mandate to remove all the backlogs within less than 10 months. Please stay tuned.
  • We do not know whether the last week's OFLC-SWA officials' training conference in St. Antonio, Texas which focused on the prevailing wage determination was an overture to launch this RIR conversion policy change. But from the perspectives of the TR employers and aliens, this policy change will give a golden opportunity to short-cut the process of pending labor certification applications at the BECs. Unlike TR process, in the RIR process, obviously the prevailing wage determination for the voluntary recruitment process ought to be made by the State SWAs and the state SWAs will be pull back into the backlog reduction process in this regard. It is hoped that the upcoming announcement of OFLC next week will give specific guidelines for the voluntary recruitment standards so that the employers achieve the RIR conversion with the least amount of risk and in the shortest period of time. Otherwise, this upcoming policy change will doom to fail as it will fail to give an incentive to the employers to try this process at the last minute when the whole cases must be decided by OFLC in less than ten months.
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for BEC Tracker

I had informed earlier that my online status showed "DENIED". Now it shows "IN PROCESS" once again after almost killing me. Lets see now once again it gets DENIED or gets certified or NOFs or something else. No hopes left anymore. Juts frustration all around. :mad:

PD: June 12 2002
NY, EB3, RIR
45 Day letter: Jan 19th 2006
Online Status: "IN PROCESS".
Waiting Waiting and Waiting
 
Blackhole2002 said:
I had informed earlier that my online status showed "DENIED". Now it shows "IN PROCESS" once again after almost killing me. Lets see now once again it gets DENIED or gets certified or NOFs or something else. No hopes left anymore. Juts frustration all around. :mad:

PD: June 12 2002
NY, EB3, RIR
45 Day letter: Jan 19th 2006
Online Status: "IN PROCESS".
Waiting Waiting and Waiting
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Wonderful !! Who likes the case status as Denied?
 
Thanks for all your wonderful work here StressTestInUSA.

One of my friend who had a 2001 PD was in the same dilemma as you are (his got struck in DBEC) last year. His company evantually shrunk into just one employee company while his labor was still in DBEC. He got is I-140 cleared in a very short time last fall, and his 485 approved already (this summer).Yes, Miracles do happen. especially in a lawless world.

Wish all your luck will take you thru, out of this mess forever.


StressTestInUSA said:
Thanks Thyramax and ManwithnoName for your time and concern..

I spoke to company B HR and he said I can file my 140(He is personally an American and has no idea about the GC stages). I will personally meet him next week and tell/explain him about the coming 485 stage too and me being employed for atleast 6months on EAD and then I can move out. If they have a project for me, there is nothing like it, not being pessimistic but our luck always runs in the opposite direction...

1.I will first do my 8th yr H1 extn based on pending 140 from company A and get my H1 until May 2008.
2.File for 140 from company B simultaneously.
3. See the fate of company A 140. If I can win this war,then try to port the EB3 PD..
4. As always being hopeful for luck, see by May 2008 where the EB2 dates move and beg for a project even if it is in Alaska for 6 months,file for EAD and move out..!!

I can't think of a better strategy than this...!!


I will never ever...never ever..suggest even my worst enemy to migrate to the US..phew..!!

All guys before filing 140,please be very careful for 'Ability to Pay' and 'Educational Evaluations' -those r very crucial for i140...Labor will come out one day or the other...
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TN Labor Ceritfied Today

I just checked my labor status and it says "Certified". Hope everybody gets out of this hole soon.
 
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The CEO of my company wrote to the senator of his state explaining that my RIR with PD=2002 is still pending while many 2004's are certified, and that they need their engineer (me) ASAP. Does anyone think this will work? Can the senator do anything about it?

In other news...
I always check my case plus 2 cases before and after me. One case after me was Certified for quite a while. It has always been certified for as long as I remember. Today, it changed to "In Process".
 
sanjay_41 said:
It is not h1 visa immigration voice guys are working on. They are working on retrogression issue which beneficial to you and all the members who are here. That is the reason we need to help them.

I am surprised you do not have much knowledge about retrogression issue. No offence.

Thanks
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I know about retrogression and honestly I don't care much about it. I have waited for so long that few more months won't kill me at this point.
However it seems you either don't understand english or can't write properly.
Look at what you posted:

Today Senator Cornyn is bringing High skilled immigration interim relief bill to the senate. He is having support from Lobbyist from Microsoft and other companies regarding this. This bill is about double the h1 visa and EB visa numbers.
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Pay attention to the part in bold?
I believe I read the same on the links you provided but don't work anymore.
I DO NOT WANT THEM TO DOUBLE THE H1 visa numbers. They need to reduce the number of H1s issued every year. Which part of my reply didn't you understand?
 
Have brains

SoR said:
I know about retrogression and honestly I don't care much about it. I have waited for so long that few more months won't kill me at this point.
However it seems you either don't understand english or can't write properly.
Look at what you posted:



Pay attention to the part in bold?
I believe I read the same on the links you provided but don't work anymore.
I DO NOT WANT THEM TO DOUBLE THE H1 visa numbers. They need to reduce the number of H1s issued every year. Which part of my reply didn't you understand?
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Nobody gives a damn about what the hell you think. This is the forum to discuss PBEC related issues and tracking. Don't insult people and your English sucks too. Companies are more interested in H1, because they get cheaper work force. Thats what brought you to this country. I assume that you came here on H1 too and now you are saying you do not want them to double the H1 visa numbers. That shows that you are a very Selfish guy. Increasing EB visa numbers will help all of us. You don't get it.
 
SoR said:
I know about retrogression and honestly I don't care much about it. I have waited for so long that few more months won't kill me at this point.

However it seems you either don't understand english or can't write properly.
Look at what you posted:
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My Friend SoR, evernthough senator cornyn's bill included H1 and EB Numbers, IV was only interested in doubling EB visa number or any interim relief on EB visa numbers. It was not question of knowing english or writing english, it was regarding knowledge on common problem all of us are facing. Still friend, regarding your thought for few months of wait for 485, I am not sure what your definition of few months in your english. Person who has LC approved on 2004 (eb3, eb2) is still waiting for PD to be current. And finally, regarding writing english or understanding english, I already proved that I understand or write english better than you (think about your definitions of few months(vague words)). Now tell me how good you are at writing or sending message in English. Again, as mentioned earlier, no offence, I am in the same boat as you.
 
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Let us keep it clean

SoR said:
I know about retrogression and honestly I don't care much about it. I have waited for so long that few more months won't kill me at this point.
However it seems you either don't understand english or can't write properly.
Look at what you posted:
Click to expand...


sanjay_41 said:
My Friend SoR, evernthough senator cornyn's bill included H1 and EB Numbers, IV was only interested in doubling EB visa number or any interim relief on EB visa numbers. It was not question of knowing english or writing english, it was regarding knowledge on common problem all of us are facing. Still friend, regarding your thought for few months of wait for 485, I am not sure what your definition of few months in your english. Person who has LC approved on 2004 (eb3, eb2) is still waiting for PD to be current. And finally, regarding writing english or understanding english, I already proved that I understand or write english better than you (think about your definitions of few months(vague words)). Now tell me how good you are at writing or sending message in English. Again, as mentioned earlier, no offence, I am in the same boat as you.
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Guys...Let us try to keep it clean and not be so nasty....
Everyone has their own point of view and we cannot force our beliefs on anyone else....so if you think voting in favor for the bill is the right thing to do, then do it....if you think it is a bad idea, then let it go.....
please do not attack each other.....we are here to help each other and share information... not to fight on whose english is better.....
so please...let it go.... :)
 
snthampi said:
Nobody gives a damn about what the hell you think.
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Obviosuly you do otherwise you wouldn't be posting this.

This is the forum to discuss PBEC related issues and tracking.
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And your reply here is on-topic?

Don't insult people and your English sucks too.
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This sentence doesn't make sense. However, if I insulted him, it's only because he said one thing and then went back on his word to say another thing. I do not like that.

Companies are more interested in H1, because they get cheaper work force. Thats what brought you to this country.
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No! Wrong wrong wrong. Me, and I would hope many others on this forum came to US because, at the time, it needed lots of IT workers and we wanted to earn US salaries. If you came to this country to be cheap labor, well that's your problem. I came here to make more. And luckily, I am now.

I assume that you came here on H1 too and now you are saying you do not want them to double the H1 visa numbers. That shows that you are a very Selfish guy. Increasing EB visa numbers will help all of us. You don't get it.
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Why are you assuming I'm a guy?
But to answer your question, yes, I came on H1 in 1999. Fast forward 7 years later and US doesn't need as many IT workers anymore. If you don't want to accept that, it's fine with me. But it's the fact. I've seen my friends, american citizens and green card holders, lose jobs to H1 and outsourcing, and none of them were as good as my friends were. All because big corporations (especially Microsoft) want to save a buck or two and get cheap labor. Well, usually you get what you pay for. We've had horrible experience with outsourcing despite what the managers will say. And I've personally interviewed about 60 or so people in the past year or so, for few positions we had opened and couldn't find anyone decent with basic knowledge of stuff we were asking for.
People that knew wanted more money (and none of them were H1 holders).
So we were forced to hire the best of the worst and now life is not nearly as pleasant as it could have been.
Unless outsourcing stops and development comes back, there's no need for more H1s, at least not in the IT field.
How would doubling the numbers help me? There would be twice as many people applying for green card. There would be twice as many people applying for the same job?
Would the government add twice as much money to combat with the problem? I've been here for way too long to answer yes.
Call me selfish as much as you want, I want them to stop adding more H1s, hurting all of our lives and transfer those resources tied up with processing new H1s to eliminating backlogs off all sorts.

It almost seems to me that you are associated with one of the consulting/recruitment companies.

Because I know how they work, I'm been dealing with them every day. Hire cheap people and then place them on high-paying positions ($70/80/90+ per hour) and take $40+ per hour off their rate. Most big companies nowadays have preffered vendor lists so candidates cannot apply directly but have to go through one of these consulting agencies. Racket.
That's why they're all interested in more H1 visas. Get rid of people that want more, and bring in people that are willing to work for less.
 
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Elimination of Labor Substitution (at last)?

... from immigration law website

12/11/2006: Rule-Making Agenda for DOL Elimination of Substitution Labor Certification

  • DOL is publishing this agenda in a separate edition of Part II, which is not available on today's release. As soon as we obtain the information, we will make it available at this site.
  • The substitution LC elimination must be implemented by both DOL and USCIS. According to the USCIS agenda, the USCIS "proposed" rule for the substitution elimination is not scheduled to be published until March 2007 with 60-day day comment period. The USCIS rule-making agenda and the DOL's delay of final rule announcement more or less indicate that this elilimnation policy is currently on hold and not imminent. Since the USCIS is not scheduled to end the comment period for the proposed rule until May 2007, if the DOL and USCIS sticks to this agenda, the rule may not be enacted until later part of 2007. Or who knows that they may abandon it.
  • Caveat: There can develop a surprise and they may shorten the rule-making process. Just caveat.
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An update on backlog elimination target date

... from immigration law website

12/11/2006: DOL to Proposes Change of Backlog Elimination Date from September 2006 to February 2007

  • According to the DOL rule-making agenda, the DOL intends to propose the delay of the backlog elimination date to February 2007. Considering the fact that DOL will make the RIR conversion safer and easier shortly, TR BEC waiters may have to seriously consider the RIR conversion. Please stay tune to this website for the RIR conversion policy change announcement of OFLC.
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Is that a typo? Should the dates be September 2007 and February 2008 respectively?
 
manwithnoname said:
... from immigration law website



Is that a typo? Should the dates be September 2007 and February 2008 respectively?
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Yeh... it's a typo. Feb 2008 will be new date... till it's pushed back yet again.
 
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