My case # matches all your numbers.
My case # matches all your numbers, but status closed. Liar is working on it.
My case # matches all your numbers, but status closed. Liar is working on it.
Philadelphia Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
GCHopeHope
Registered Users (C)
Hi,srikums/gccraving/gcwhenever,
I am on the same boat as yours.
My case went from Data Review to In Process the day before yesterday.
Hope we all lucky to pass through the long long waiting.
I am on the same boat as yours.
My case went from Data Review to In Process the day before yesterday.
Hope we all lucky to pass through the long long waiting.
Labor Denied
My labor was denied last month. A NOF was issued but it never made it to my attorney. My attorney said that he talked to DOL and they have agreed to reinstate the case since he did not receive NOF. But don't I see a change in status if that happens....something like the case status changing from 'Denied' to 'In Process' or 'Appeal'. I want to believe him but something in my says that things are not going right. What is supposed to happen onces a case is reinstated?
My labor was denied last month. A NOF was issued but it never made it to my attorney. My attorney said that he talked to DOL and they have agreed to reinstate the case since he did not receive NOF. But don't I see a change in status if that happens....something like the case status changing from 'Denied' to 'In Process' or 'Appeal'. I want to believe him but something in my says that things are not going right. What is supposed to happen onces a case is reinstated?
Blackhole2002
Registered Users (C)
Denied without NOF
Hi, Slashy, we're in the same boat. I found my online case status DENIED in the middle of January. At the beginning, my attorney refused to call PBEC cause he said he want to wait for the hard copy of the denial. So I had my employer to call PBEC, we're told my case was denied due to failed to respond NOF that they send last July. And both my attorney and my employer never received it. After a month waiting, my attorney contacted PBEC finally. And he forward me an acknowledgment email for reopening the case from PBEC three weeks ago. But the online status still shows DENIED.
And we still have not received the hard copy of denial.
That's the situation so far. I think my attorney does not do his job very well. Shall I find another attorney to handler my case? What can I do at this moment???
Hi, Slashy, we're in the same boat. I found my online case status DENIED in the middle of January. At the beginning, my attorney refused to call PBEC cause he said he want to wait for the hard copy of the denial. So I had my employer to call PBEC, we're told my case was denied due to failed to respond NOF that they send last July. And both my attorney and my employer never received it. After a month waiting, my attorney contacted PBEC finally. And he forward me an acknowledgment email for reopening the case from PBEC three weeks ago. But the online status still shows DENIED.
And we still have not received the hard copy of denial.
That's the situation so far. I think my attorney does not do his job very well. Shall I find another attorney to handler my case? What can I do at this moment???
Same situation here.
Hi Guys,
THe exact same thing happened to me. Case got denied in Nov and my lawyer used to call PBEC every other week. Just last week my case was switched back to IN PROCESS after almost 3 months in DENIED status. Although it is a good sign, I havent received a hard copy of NOF yet. I am starting to wonder if it will go back to DENIED status after 35 days.
I would suggest you to ask your lawer to keep calling PBEC and hope one fine day they will put it back to IN PROCESS.
Hi Guys,
THe exact same thing happened to me. Case got denied in Nov and my lawyer used to call PBEC every other week. Just last week my case was switched back to IN PROCESS after almost 3 months in DENIED status. Although it is a good sign, I havent received a hard copy of NOF yet. I am starting to wonder if it will go back to DENIED status after 35 days.
I would suggest you to ask your lawer to keep calling PBEC and hope one fine day they will put it back to IN PROCESS.
Frankly it depends on the employer.....
Scenario 1: Some employers would give you a promotion and higher pay and when DOL raises any questions to the employer, employer plays along and say that the person is still working in the old position and issue employement records to that effect if required.......So the promotions stay under the radar and everything is just hunky dory....Evrything is legal and no one gets hurt....
Of courese all of this happens off the record and nothing can be proved in a legal sense..
Scenario 2:Some employers know the loopholes and cunning/wicked enough to expolit it...Theortically the person should stay working in the same position. If when the situation arises in which promotion (and pay raises along with)is to be given. employer says to the employee, 'if I give you the promotion, you lose your labor certification'.....We have to refile and spend more money to do that....So employer gets this excuse not to give the promotion and the pay raise....By the way the employer dumps the worklod of the higher position on the employee and employee can do nothing about it.....All of this happens off the record and nothing out of this can be proved in a courtroom....The employer are wise enough to keep the conversations verbal if employee goes to court, it becomes a case of he said/she dais ..The employees get hurt because of lower pay lower position....
This is the way the system works at present...Of course secnario 2 is more prevalent that scenario 1..
Last edited by a moderator:
Let me crystallize it for you...
If you have an cooperative employer who would go along with you....promote you and give you a raise and if USCIS/DOL raises any objections plays along and provides you with documentation(with the lower position) if required...then everything is fine...promotion is fine......
I suggest you read my explanation again..and draw your conclusions....
Again this is just my understanding, I am not a lawyer...
You should consult a proper attorney....someone other than the one your company uses normally....Because the company attorney looks after the company's interests rather than yours....
skippy2003
Registered Users (C)
Tanveer, thanks for sharing and the hope but just curious how can that be possible when there are cases like mine EB3 TR still in data review stage. These cases generally takes a long time once they are opened for processing, it's not an overnight process. Do you know anything about what they will do to the data review cases?
Is there any hope for data review cases?
Hi Everyone,
Unfortunatly I see my case has been denied from online case tracking status. I have recevied NOF DEC 2006, which was response four weeks ago. I have already completed 6 years of H1-B and 7th year extension. What are my options at this time, how long one can stay in USA once labor is denied in 7th year extension.
Priority date: May 15 2003
State: NJ
Case - P-05139-XXXXXX
EB2/RIR
Unfortunatly I see my case has been denied from online case tracking status. I have recevied NOF DEC 2006, which was response four weeks ago. I have already completed 6 years of H1-B and 7th year extension. What are my options at this time, how long one can stay in USA once labor is denied in 7th year extension.
Priority date: May 15 2003
State: NJ
Case - P-05139-XXXXXX
EB2/RIR
LALOO_PRASAD
Registered Users (C)
What was NOF?
What was NOF? Canyou please tell little more details. As long as you are able to appeal the denial, you are OK. It may give atleast 9 months --> 1 yr time.
If the NOF doesn't come under fraud, you can appeal the denial.
What was NOF? Canyou please tell little more details. As long as you are able to appeal the denial, you are OK. It may give atleast 9 months --> 1 yr time.
If the NOF doesn't come under fraud, you can appeal the denial.