Philadelphia Regional DOL Tracker

[mithya]

I am in the same boat. Been with Regional for 18 months now. My lawyer though, keeps on advicing of not to convert. Filing for a new case, with changed job title and job profile seems to be the best option, if you want to stay with the current employer, but my employer is not ready to do that....

I have the same dilema, case has been with regional for over 15 months, should I wait or should I switch to PERM. If I do then what are my chances, lets says I convert the case then its no use since there is no fix time frame. If I file a new case then first its 90 days then 30 - 60 days and on top of that will my employer be willing to pay the PW???

I guess I would rather wait for another two months to see how PERM does, and meanwhile if I get another opportunity which solves my PW problem I will take my chances and switch my job. Its no use to suffer for nothing and besides who knows whether at the end of all this suffering u are denied the GC for some reason other then Labor.

 

[fastergcwanted]

I am in the same boat. Been with Regional for 18 months now. My lawyer though, keeps on advicing of not to convert. Filing for a new case, with changed job title and job profile seems to be the best option, if you want to stay with the current employer, but my employer is not ready to do that....

Well, I know 30+60, total 90 days of processing possibly. Also, I am thinking of waiting at least till July before filing for PERM to make sure I see some approvals first. So, best possible case, 6 more months before I get the labor. It might be worth in cases like mine where a 2003 case was transferred from SWA (god knows when BPC would even touch it). But, yeah it's a tough one for me, specially not knowing whether I can get EB2 under PERM with US Masters. (???)

Does anyone know if a new PERM case can be filed from a different employer and we can continue with current BPC case staying with the current employer. Does PERM allow thing like that? Has anyone explored the option?

 

[VAhoper]

Well, I know 30+60, total 90 days of processing possibly. Also, I am thinking of waiting at least till July before filing for PERM to make sure I see some approvals first. So, best possible case, 6 more months before I get the labor. It might be worth in cases like mine where a 2003 case was transferred from SWA (god knows when BPC would even touch it). But, yeah it's a tough one for me, specially not knowing whether I can get EB2 under PERM with US Masters. (???)

Does anyone know if a new PERM case can be filed from a different employer and we can continue with current BPC case staying with the current employer. Does PERM allow thing like that? Has anyone explored the option?

I asked my lawyer this question too. I think it depends where you are in the queue in BEC right now. If you are one of the earlier ones, you may want to stay put in hope that BEC will get to your case soon. But if you filed later, like in 2003 or later, you may want to consider filing a new Perm. PERM has a fixed time frame. So you know if you start a new one now, you will get it in 2-3 or 4 months. With BEC, my lawyer told me that they wont' start looking at cases until end of summer. And he is very familiar with DOL process and once worked for one of the DOL offices. So with BEC, you know you are sitting on the 4-5 months. As long as EB2 won't retrogress at I140 level. Why not try new perm?

 

[hangu]

This ie exactly what BEC wants. They want us to convert our cases to PERM so they have to do less work. They are forcing us to convert to PERM by not processing our cases. There is no reason they have to wait to process our cases while entering data. The longer they make us wait, more likely many of us will convert to PERM. If we see some progress, ie. they start sending approval/denial, very few will convert to PERM.

They can't say everyone needs to convert to PERM, becaues the reason of their existince is to process our cases. But there is no way that they will be able to process all the cases in time without many of us converting to perm.

My personal feeling is that they have completed processing some of our cases but just not sending the letters, because PERM has just been implemented, and longer they can hold without sending approval letters, more people will convert to PERM. And once they feel enough people have converted to PERM, they will send approval/denial in bunch.

Given the not-a-lot-of-hope situation at BPC currently, I was wondering what everyone here thinks about filing PERM EB2 case with US Master's degree, even at the cost of losing PD? What are the chances of success after initial technical problems with PERM system gets resolved? (Initial rejections we heard under PERM are for sure due to some technical glitch which should be resolved at some point)

EB2 not yet retrogressed, it might be worth taking this chance instead of waiting for 2 more years under BPC (u never know the economy and if we would have same jobs for next 2 years)

Anyone with thoughts on this, one way or other, please share opinions.

 

[spidey]

This ie exactly what BEC wants. They want us to convert our cases to PERM so they have to do less work. They are forcing us to convert to PERM by not processing our cases. There is no reason they have to wait to process our cases while entering data. The longer they make us wait, more likely many of us will convert to PERM. If we see some progress, ie. they start sending approval/denial, very few will convert to PERM.

They can't say everyone needs to convert to PERM, becaues the reason of their existince is to process our cases. But there is no way that they will be able to process all the cases in time without many of us converting to perm.

My personal feeling is that they have completed processing some of our cases but just not sending the letters, because PERM has just been implemented, and longer they can hold without sending approval letters, more people will convert to PERM. And once they feel enough people have converted to PERM, they will send approval/denial in bunch.

I hate to say this but I have always believed that is how they will operate and I have to agree with you on all counts.

I was able to reach a live person at ETA last week, he said that they are processing cases now - I tried again today but I got an automated message which I must add sounded completely unprofessional - the woman who had recorded this message was not only bad with her pronounciations but also terribly bad at communicating it, she was reading off a piece of paper it sounded like; which would be ok if she had accurate information.

Anyway, the point is I couldn't get to a person, there is no real information flow from the people performing the work, whats more we read on posts here that the DOL has asked its people NOT to entertain any requests - further reducing accountability and transparency.

What kind of democracy is this? Ok so we're not a vote bank but we are tax payers and our tax money must contribute to all these officials salaries.... why can we not get information about work that presumably our taxes are paying for and directly affects our lives....

Bloody terrible --- next time someone talks about democracy here, I will make it a point to point this irony out to them.

 

[arrow007]

I have another question, lets say I file another case with totally different job description , title and responsibilities. Can I use my current experience from this employer or no? Any Ideas?

 

[PainfulGC123]

I have another question, lets say I file another case with totally different job description , title and responsibilities. Can I use my current experience from this employer or no? Any Ideas?

In PERM, you can use the experience accrued with the sponsoring employer provided the job duties of the future job to be performed are different more than 50% of the time.

Attorney/ employer will need to carefully document the % of time spent on each job duty in the job description. They have to be able to argue / prove that you will be doing different job duties more than 50% of the time for the future job you are being sponsored.

I have no idea if this is going to trigger an audit. We will have to wait for some real world examples of PERM cases of similar kind to be reported in this forum.

 

[arrow007]

In PERM, you can use the experience accrued with the sponsoring employer provided the job duties of the future job to be performed are different more than 50% of the time.

Attoney/ employer will need to carefully document the % of time spent on each job duty in the job description. They have to be able to argue / prove that you will be doing different job duties more than 50% of the time for the future job you are being sponsored.

I have no idea if this is going to trigger an audit. We will have to wit and see how PERM works.

Well I think I can do that, my current case was filed under Network / System Analyst category and my current job responsibilities are more related to Civil Engineering then anything else and yes I work almost 80% of my time on my new responsibilities.

 

[PainfulGC123]

Well I think I can do that, my current case was filed under Network / System Analyst category and my current job responsibilities are more related to Civil Engineering then anything else and yes I work almost 80% of my time on my new responsibilities.

Then my opinion is that you can safely file for a PERM case with the job title of "Civil Engineer" which has nothing to do with Network Analyst.

However, note that "network analyst's" experience is not related to civil engineering and hence you may still not be able to satisfy experience requirements, say, if your new LC specifically asks for BS+ 5 yrs of civil engg experience.

On the other hand, if your new PERM LC asks for a minimum of MS in Civil Engg + zero yrs exp OR BS+5 yrs in place of MS+0, you may still be able to get through PERM if you have a Master's in Civil Engg.

 

[orissa]

Breaking news BEC approval

down_under
Registered User Join Date: Sep 2004
Posts: 16

FYI:

My case went to regional on Aug 9th 2004 and my colleague's case got delayed due to some query and went to BEC. The priority date was the same for both cases (Sept 2001). His case got approved last week. I wish my case hadn't gone to regional.

posted by: down_under click here to read his post

 

[forgottenLC]

Pls clarify

Hey everyone,
I'm new to the site, and trying to understand all the different abbreviations. Very confusing. Was hoping some can answer a few. What do the following stand for?
PD
RD
NOF
RFE
Case number - how do I get it? Do I even have one?

My employer has filed for a Labor Certification in December 2002, in New York. I have receivd absolutely nothing nor do I know anything about my case. Very frustrating. I'm even thinking of simply abandoning everything and just moving back to my country (even though I bought property here and have a good job), becuase there seems to be no hope for anyone in New York! How can I find out where my file is? Was it transferred to the Philly BEC? Has anyone from NY received a 45-day letter?

 

[JustWatching]

Hey everyone,
I'm new to the site, and trying to understand all the different abbreviations. Very confusing. Was hoping some can answer a few. What do the following stand for?
PD
RD
NOF
RFE
Case number - how do I get it? Do I even have one?

My employer has filed for a Labor Certification in December 2002, in New York. I have receivd absolutely nothing nor do I know anything about my case. Very frustrating. I'm even thinking of simply abandoning everything and just moving back to my country (even though I bought property here and have a good job), becuase there seems to be no hope for anyone in New York! How can I find out where my file is? Was it transferred to the Philly BEC? Has anyone from NY received a 45-day letter?

PD - Priority Date ie date your LC was submitted.
RD - Date Regional office received your case. Based on your PD you don't have one.
NOF - Notice of Finding ie they are going to deny your case unless you do something.
RFE - Request for evidence - Request for more information
Case no. - You could e-mail the BEC but based on your PD I would wait.

Your case is it at the Philadelphia BEC.
Yes people from NY have started receiving 45-day letters (see BEC priority tracker thread for more information)

 

[spidey]

Pisses me off...

That the Boston DOL is still working diligently and approving cases with PD's of 2003 in both the non-RIR and RIR category, while these guys at the BPC's can't get their act together on anything.

Happy for those who are approved but makes me sick in my stomach to note that Philadelphia DOL has not worked on any cases (at least if you go by the dates they were reporting before BPC) for the last 2+ years.

I wonder WHY it's so damn tough for the people in Philly to get their fat asses moving and earn some of that cheesesteak they eat when it's apparent that other DOLs have no problem doing exactly that.

Go to the Boston DOL tracker and you'll see constant approval postings.. while all this tracker ends up doing is speculating and sometimes picking on one another.

 

[VAhoper]

down_under
Registered User Join Date: Sep 2004
Posts: 16

FYI:

My case went to regional on Aug 9th 2004 and my colleague's case got delayed due to some query and went to BEC. The priority date was the same for both cases (Sept 2001). His case got approved last week. I wish my case hadn't gone to regional.

posted by: down_under click here to read his post

Can you clarify please. Is this approval from Philly BEC? And what is the "regional" referring to?

 

[GC_Lover]

Can you clarify please. Is this approval from Philly BEC? And what is the "regional" referring to?

He just replied in NY forum he does not know if it is an approval or not, basically he is not sure about many things, I would not consider it as an approval.

 

[antonioa77]

Then my opinion is that you can safely file for a PERM case with the job title of "Civil Engineer" which has nothing to do with Network Analyst.

However, note that "network analyst's" experience is not related to civil engineering and hence you may still not be able to satisfy experience requirements, say, if your new LC specifically asks for BS+ 5 yrs of civil engg experience.

On the other hand, if your new PERM LC asks for a minimum of MS in Civil Engg + zero yrs exp OR BS+5 yrs in place of MS+0, you may still be able to get through PERM if you have a Master's in Civil Engg.

I'm a civil eng with MS+0 expereince but my PW is lower than one that will be asked by DOL (which is too high). any insight of what to do in this case, knowing that my employer will not accpet to pay the DOL requested wage? should i go for PERM?

 

[orissa]

Breaking News

goldfish1
Registered User Join Date: Apr 2005
Posts: 1 (From Boston Furum)

LC clear

Just got my LC approved.
Wish everyone good luck and see you guys in i-140 track.

EB3 non-RIR Boston
04/08/2005 LC approval notice
10/04/2004 LC transfer to DOL
01/14/2003 PD

Read detail posted by goldfish1

 

[GC_Lover]

goldfish1
Registered User Join Date: Apr 2005
Posts: 1 (From Boston Furum)

LC clear

Just got my LC approved.
Wish everyone good luck and see you guys in i-140 track.

EB3 non-RIR Boston
04/08/2005 LC approval notice
10/04/2004 LC transfer to DOL
01/14/2003 PD

Read detail posted by goldfish1

This is not news, Lots of people are getting approval in Boston DOL, which has nothing to do with BRC. If you read Boston DOL forums you will see tons and tons of approval. I wish I could say the same thing about BRCs.

 

[orissa]

question for GC LOVER

Hello GC_LOVER

How come Boston cases not transfered to BRC Phily or BRC Dallas? Do you know anything about it.

Thank you

This is not news, Lots of people are getting approval in Boston DOL, which has nothing to do with BRC. If you read Boston DOL forums you will see tons and tons of approval. I wish I could say the same thing about BRCs.

 

[srkotturu]

Reply

In response to following post
***************
question for GC LOVER

--------------------------------------------------------------------------------

Hello GC_LOVER

How come Boston cases not transfered to BRC Phily or BRC Dallas? Do you know anything about it.

Thank you
****************

I am not sure, but I too heard lot of approvals from Boston. Last one, I heard about 10 days back. Boston DOL is still processing the cases pending with them.

Thanks

SRK