Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
Think you wanted to say 2002 EB2 are current for I485. There are tons of 2004 cases getting certified every day buddy while you and I are waiting here. Who cares 2002 or 03 or retrogression in BEC. Guess we were not there to cast a spell when 245i's were sailing in comfortably way back in 2001.
BTW, i have a March 2003 PD and in the same forbidden box as you "P-05012" and my waiting time so for - 3yrs & 9 mos. Everyone has their own issues and we come here only to share and seek help and not see comments like this. Please be considerate.
BTW, i have a March 2003 PD and in the same forbidden box as you "P-05012" and my waiting time so for - 3yrs & 9 mos. Everyone has their own issues and we come here only to share and seek help and not see comments like this. Please be considerate.
ZOMG said:
willgetgc2005 said:
I also responded to the 45 day letter in Jan 2005 and guess what - that month and Dec 04 has the worst record so far when it comes to approvals.
If you received a letter in those 2 mos and responded to it also in those 2 months, then you are basically stuck. I have no idea why, but that is what I have found from looking at trends and all the data from the tracker site and spreadsheet.
Look at my case # and other similar #'s and you will see that people that have #'s starting with 042XX are the one's with most cases pending and with the longest wait times.
As to your other question abt your attorney's inaction, well my lawyer has given me the same answer and so I tried contacting senators, congressmen and even Secretary of labor on my own and the result is the the same - Nothing, nada, zilch no progress, no action.
So don't get your hopes up that the inquiry will help if your lawyer does file it, at this point there is no other option but to wait, wait and wait some more........
StressTestInUSA
Registered Users (C)
guys...
something latest on Shusterman regd H1..
can someone pls post in simple words what does it mean...
something latest on Shusterman regd H1..
can someone pls post in simple words what does it mean...
StressTestInUSA
Registered Users (C)
does this mean 2yrs on H1 and 4yrs on H4 is eligible for 4yrs of H1...!!
this is a blessing in disguise for the timebeing instead of GreenCard shit..!!
this is a blessing in disguise for the timebeing instead of GreenCard shit..!!
PBECIsKillingMe
Registered Users (C)
na na na na na. What are you talking about? Combine continuous stay on H and L visa should not exceed 6yrs.StressTestInUSA said:
StressTestInUSA
Registered Users (C)
PBECIsKillingMe said:
no..no...no..
pls check shusterman.com and let me know what u understand...It is a hot-topic if it is true..
ThirstyFish
Registered Users (C)
Don't loose hope..
Guy's, Please do not loose hope.
I think letter/fax to DeRocco, Sec of Labor works, at lease it seems to have worked for me. As my fax was forwarded by her office to PBEC and they sent standard caned reply and sent an NOF (it may turn out to be counter productive in some cases) asked to re-advt and fix the pay rate, my lawyer did so without bothering to inform me (I was soooo mad when he sent me advt. bill with very brief explanation ) but now looking back I think it was good as it saved me lot of tense moments.
So, do all you can, send letters/faxes, contact congressman and all that...
Have patiences and remember repenting on "why I did it" is better then "why didn't I do it" later...
Merry Xmas to you all.
clzeus10 said:I also responded to the 45 day letter in Jan 2005 and guess what - that month and Dec 04 has the worst record so far when it comes to approvals.
If you received a letter in those 2 mos and responded to it also in those 2 months, then you are basically stuck. I have no idea why, but that is what I have found from looking at trends and all the data from the tracker site and spreadsheet.
Look at my case # and other similar #'s and you will see that people that have #'s starting with 042XX are the one's with most cases pending and with the longest wait times.
As to your other question abt your attorney's inaction, well my lawyer has given me the same answer and so I tried contacting senators, congressmen and even Secretary of labor on my own and the result is the the same - Nothing, nada, zilch no progress, no action.
So don't get your hopes up that the inquiry will help if your lawyer does file it, at this point there is no other option but to wait, wait and wait some more........
Guy's, Please do not loose hope.
I think letter/fax to DeRocco, Sec of Labor works, at lease it seems to have worked for me. As my fax was forwarded by her office to PBEC and they sent standard caned reply and sent an NOF (it may turn out to be counter productive in some cases) asked to re-advt and fix the pay rate, my lawyer did so without bothering to inform me (I was soooo mad when he sent me advt. bill with very brief explanation ) but now looking back I think it was good as it saved me lot of tense moments.
So, do all you can, send letters/faxes, contact congressman and all that...
Have patiences and remember repenting on "why I did it" is better then "why didn't I do it" later...
Merry Xmas to you all.
From Immigration-law.com
12/20/2006: 12/05/2006 Important USCIS Memorandum for Guidance on Determing Periods of Admission for Aliens Previouslyt in H-4 or L-2 Status; Aliens Applyting for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who have not Exhausted the Six-Year Maximum But Who Have Been Absent from the U.S. for Over One Year
The USCIS HQ Director of Domestic Operation, Michael Aytes, issued this memorandum on 12/05/2006 and has made this memorandum available to the public today. This memorandum is extremely important as people can see from the following extracts, among others:
Time spent as an H-4 and L-2 does not count against the maximum allowable periods of stay available to principals in H-1B (six-years) and L-1(five-year for L-1B and seven-year for L-1A) status;
H-1B aliens need not be in H-1B status in seeking H-1B extension beyond the six-year limit if the aliens are eligible for AC-21 Section 106(a) and 104(c);
Guidance for how to determine the maximum period of admission in H-1B status for less than the six-year maximum period of admission, but who has since been outside the U.S. for more than one year.
We find this memorandum extremely important for the aliens in H or L visa status. We will explore the implications of this memorandum in the context of hypothetical facts. We ask the readers to start visiting our "Hypothetical Facts and Legal Analysis (II)" page to learn more about impact of this memorandum on individuals. For the full text of the memorandum, please click here.
12/20/2006: 12/05/2006 Important USCIS Memorandum for Guidance on Determing Periods of Admission for Aliens Previouslyt in H-4 or L-2 Status; Aliens Applyting for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who have not Exhausted the Six-Year Maximum But Who Have Been Absent from the U.S. for Over One Year
The USCIS HQ Director of Domestic Operation, Michael Aytes, issued this memorandum on 12/05/2006 and has made this memorandum available to the public today. This memorandum is extremely important as people can see from the following extracts, among others:
Time spent as an H-4 and L-2 does not count against the maximum allowable periods of stay available to principals in H-1B (six-years) and L-1(five-year for L-1B and seven-year for L-1A) status;
H-1B aliens need not be in H-1B status in seeking H-1B extension beyond the six-year limit if the aliens are eligible for AC-21 Section 106(a) and 104(c);
Guidance for how to determine the maximum period of admission in H-1B status for less than the six-year maximum period of admission, but who has since been outside the U.S. for more than one year.
We find this memorandum extremely important for the aliens in H or L visa status. We will explore the implications of this memorandum in the context of hypothetical facts. We ask the readers to start visiting our "Hypothetical Facts and Legal Analysis (II)" page to learn more about impact of this memorandum on individuals. For the full text of the memorandum, please click here.
NY2002EB2 Labor denied
After 5 years of wait I was informed by my lawyer NY EB2 labor has been denied. The reason DOL gave apparently was 'market test' failed. They have placed my labor in traditional que now.
I have a bachelors degree and 2 masters degree, one of them is from USA. I work for a Fortune 100 company and lawyers are not flexible.
1. Lawyer never mentioned about the RFE till date.
2. Lawyer is refusing to give the exact copy of the denial letter and I see my case as 'In Process' in PBEC tracker.
I would appreciate some expert help on the following.
1. what are my next options? Is there a way to re-appeal?
2. Is there a way to re-open the case?
I am sorry if I typed this message in a wrong thread. I appreciate some insights into what are the options I have now to fix this....?
Thanks in advance.
After 5 years of wait I was informed by my lawyer NY EB2 labor has been denied. The reason DOL gave apparently was 'market test' failed. They have placed my labor in traditional que now.
I have a bachelors degree and 2 masters degree, one of them is from USA. I work for a Fortune 100 company and lawyers are not flexible.
1. Lawyer never mentioned about the RFE till date.
2. Lawyer is refusing to give the exact copy of the denial letter and I see my case as 'In Process' in PBEC tracker.
I would appreciate some expert help on the following.
1. what are my next options? Is there a way to re-appeal?
2. Is there a way to re-open the case?
I am sorry if I typed this message in a wrong thread. I appreciate some insights into what are the options I have now to fix this....?
Thanks in advance.
Last edited by a moderator:
BEC Status of Processing Cases as of 12/11/2006
BEC Status of Processing Cases as of 12/11/2006
AILA-DOL liaison minute indicates the following statistics:
Total Pending Cases: 142,418
Total Pending RIR Cases: 59,328 (41%)
Total Pending TR cases: 85,608 (59%)
For TR Cases:
All the job orders placed by 04/01/2007
All the recruitment to be completed by 06/01/2007. [Matthew Oh note: In the recent AILA seminar, the Chief stated that they would be able to eliminate all the backlog cases by the end of September 2007 as scheduled.]
RIR Conversion Guidance Announcement Imminent: They will publish it in the FAQ. Watch for the FAQ updates.
BEC Status of Processing Cases as of 12/11/2006
AILA-DOL liaison minute indicates the following statistics:
Total Pending Cases: 142,418
Total Pending RIR Cases: 59,328 (41%)
Total Pending TR cases: 85,608 (59%)
For TR Cases:
All the job orders placed by 04/01/2007
All the recruitment to be completed by 06/01/2007. [Matthew Oh note: In the recent AILA seminar, the Chief stated that they would be able to eliminate all the backlog cases by the end of September 2007 as scheduled.]
RIR Conversion Guidance Announcement Imminent: They will publish it in the FAQ. Watch for the FAQ updates.
ThirstyFish
Registered Users (C)
painful..
NYT, This is really painful, from what I understand your best bet is to file for PERM substitute case and hope for best.
NYT said:
NYT, This is really painful, from what I understand your best bet is to file for PERM substitute case and hope for best.
BombaySeUS
Registered Users (C)
Anyone on Data Review
Just checking if there is anyone in this queue with "Data Review". If so, then did anyone try successfully to change it to "in-Process"? The stupid folks closed my case accidently in sept & its been in data review since then. My lawyer, as usual, is clueless and believes that waiting is the best way. But I believe that after close to 3 yrs & 10 months I am atleast entitled to an "in-process".....if not Certified....nothing wrong in that :-(
Just checking if there is anyone in this queue with "Data Review". If so, then did anyone try successfully to change it to "in-Process"? The stupid folks closed my case accidently in sept & its been in data review since then. My lawyer, as usual, is clueless and believes that waiting is the best way. But I believe that after close to 3 yrs & 10 months I am atleast entitled to an "in-process".....if not Certified....nothing wrong in that :-(
ThirstyFish said:
I have a big stack of those canned responses from PBEC sitting at my desk right now. Each letter is the same - no exceptions and they are in response to the letters that I sent to everyone you can possibly think of, so obviously it has not worked for me, but hey it might work for you.
I am not knocking that possibility, simply stating the results that I got.
Everyone should give it a try regardless. There is nothing to lose, I guess, unless if you get a NOF because of that, which is really hard to say as there could be a number of reasons for getting an NOF.
Waitingfor4+yrs
Registered Users (C)
those...arggg..
first pbec make us wait for 5 friggin' years
then they deny the case?
how the HELL do these ppl sleep at night?
thats what i want to know.
i should stop typing just about now
cause i gotta keep this G-Rated.
p.s i'm sorry to the ppl whom cases are getting denied. :[
first pbec make us wait for 5 friggin' years
then they deny the case?
how the HELL do these ppl sleep at night?
thats what i want to know.
i should stop typing just about now
cause i gotta keep this G-Rated.
p.s i'm sorry to the ppl whom cases are getting denied. :[
NYT said:
This is bad news and I am really sorry to hear that man.
There must be a way to submit some kind of a rebuttal to their argument or reasoning. Your assho** lawyers should guide you, looks like somebody screwed up during the recruitment process and it may very well be the lawyers or your HR dept.
Follow up with them on the options and make it clear that you at a minimum expect an appeal and a rebuttal from them.
Good Luck man.
Waitingfor4+yrs
Registered Users (C)
Updates for NoN-rir or TR..
o Total Pending TR cases: 85,608 (59%)
* For TR Cases:
o All the job orders placed by 04/01/2007
o All the recruitment to be completed by 06/01/2007. [Matthew Oh note: In the recent AILA seminar, the Chief stated that they would be able to eliminate all the backlog cases by the end of September 2007 as scheduled.]
whatever the hell THIS FRIGGIN MEANS.
o Total Pending TR cases: 85,608 (59%)
* For TR Cases:
o All the job orders placed by 04/01/2007
o All the recruitment to be completed by 06/01/2007. [Matthew Oh note: In the recent AILA seminar, the Chief stated that they would be able to eliminate all the backlog cases by the end of September 2007 as scheduled.]
whatever the hell THIS FRIGGIN MEANS.
Waitingfor4+yrs
Registered Users (C)
Waitingfor4+yrs said:
need some insight on this guys.
any opinions are appreciated.
so all the jobs orders placed by 04/01/2007 means that all the TR cases will get RI's before 04/07????